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Code · California · Welfare and Institutions Code

§ 18900.95

744 words·~3 min read·/ca/welfare-and-institutions-code/18900-95

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(1)It is the intent of the Legislature in enacting this section that California’s state cost share for CalFresh benefits pursuant to Section 10105 of Public Law 119-21 (7 U.S.C. Sec. 2013(a)) be reduced to the greatest extent possible by reducing the CalFresh payment error rate to the greatest extent possible.
(2)It is further the intent of the Legislature that these efforts shall mitigate adverse impacts or restrictions for CalFresh applicants or recipients, and shall not result in a reduction in the eligible population accessing benefits, so as not to cause increased hunger for the population served by this program to the maximum extent possible. It is further the intent of the Legislature to reduce administrative burden and improve the client experience.
(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may, until October 1, 2027, and when necessary to reduce the CalFresh payment error rate, implement and administer the CalFresh program by means of all-county letters and emergency regulations. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section. All-county letters and emergency regulations adopted under this section shall not impede or reduce an applicant’s or recipient’s access to benefits, or benefits themselves, for which they are eligible under this chapter.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be shared with the County Welfare Directors Association of California (CWDA), the exclusive representatives of CalFresh eligibility workers, advocates for program applicants and recipients, and legislative staff for review and feedback. Upon consideration of stakeholder review and feedback, the emergency regulations shall then be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted. The consultative process for review and feedback required by this paragraph shall also apply to all-county letters adopted pursuant to this section.
(c)Notwithstanding any other law, an agreement between the department and any entity that is entered into for the purpose of this section and that is executed prior to October 1, 2027, shall be exempt from the requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services or the Department of Technology.
(d)The department shall engage in stakeholder consultation starting in September 2025 and continuing through the duration of the multiyear activities pursuant to this section and with any funding appropriated for this purpose in the state budget. This engagement shall include the California Statewide Automated Welfare System, CWDA, the exclusive representatives of CalFresh eligibility workers, advocates for program applicants and recipients, and legislative staff.
(e)Beginning in November 2025 through November 2027, the department shall update the Legislature on a quarterly basis on the implementation of the multiyear activities pursuant to this section and with any funding appropriated for this purpose in the state budget. These updates shall include, but not be limited to, all of the following information:
(1)Emergency regulations developed by the department pursuant to this section.
(2)Contracts entered into pursuant to subdivision (c), including contract amounts, general purposes, timelines, and when available, outcomes.
(3)New methods utilized to verify incomes, any methods that have been attempted and discontinued, and the number of individuals who are utilizing or have opted not to use new verification tools. For CalFresh recipients whose income cannot be verified using existing methods, the department shall provide a summary of new methods used to verify income, including a description of the type of income, any concerns raised about those verification methods, and any changes in practice to mitigate those concerns.
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