AB 2299

AB2299:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2299

An act to add Chapter 10.6 (commencing with Section 18947) to Part 6 of Division 9 of amend Section 18930 of, to amend the heading of Chapter 10.1 (commencing with Section 18930) of Part 6 of Division 9 of, and to repeal Section 18935 of, the Welfare and Institutions Code, relating to CalFresh.

LEGISLATIVE COUNSEL'S DIGEST

AB 2299, as amended, Calderon. California Antihunger Response and Employment Training Act of 2026.

Existing federal law establishes the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.

Existing federal law limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met work participation requirements or is otherwise exempt. Existing federal law authorizes a waiver of that time limit upon the request of a state if it is determined that the area in which the individuals reside has an unemployment rate of over 10% or does not have a sufficient number of jobs to provide employment for the individuals. Existing state law requires the State Department of Social Services, to the extent permitted by federal law, to annually seek a federal waiver of the time limit. Existing federal law also authorizes a state to provide, in each fiscal year, an exemption from the 3-month time limit for covered individuals, to the extent that the average monthly number of exemptions in effect during a fiscal year does not exceed 8% of the number of covered individuals in the state.

Existing law authorizes counties to participate in the CalFresh Employment and Training (CalFresh E&T) program, established by federal law, and requires a participating county to demonstrate in its CalFresh E&T plan how it is effectively using CalFresh E&T funds for each of the components that the county offers, including work experience or training and job searching.

This bill would require the department to establish the California Antihunger Response and Employment Training (CARET), a state-funded program to provide benefits to a person who has been determined ineligible for CalFresh benefits, or for whom CalFresh benefits have been discontinued, as a result of the ABAWD time limit, and who also is ineligible for a percentage exemption, as specified. The bill would require that the person receive the same amount of benefits under the CARET program that they would have received under the CalFresh program if the ABAWD time limit did not make them ineligible. The bill would also make a CARET program recipient eligible for CalFresh E&T program benefits, and would make a CalFresh E&T provider serving a CARET recipient eligible to draw down a state-funded reimbursement in the same amount that the provider would have been eligible to receive for allowable CalFresh E&T services for a CalFresh recipient. The bill would require the issuance of CARET benefits through a state-administered and state-funded electronic benefits transfer system, as specified.

The bill would require the department to develop, in consultation with specified entities, and to issue guidance to maximize the use of percentage exemptions from the 3-month time limit available under federal law and guidance relating to SNAP. The bill would authorize the guidance to include redistribution of percentage exemptions between counties, as specified. The bill would require the guidance to be issued no later than April 1, 2028, and to remain operative until the CARET program is operative.

Existing law requires the department to also establish the California Food Assistance Program (CFAP) to provide nutrition benefits to households that are ineligible for CalFresh benefits solely due to their immigration status, as specified. Existing law requires CFAP benefits to be equivalent to SNAP benefits. Under existing law, operative on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation for this purpose, an individual 55 years of age or older is eligible for CFAP benefits, subject to an appropriation. Existing law requires these provisions only be implemented during any period that specified federal benefits are provided.This bill, the California Antihunger Response and Employment Training Act of 2026, would expand CFAP eligibility to include individuals ineligible for CalFresh benefits due to the federal time limits placed on ABAWDs regardless of if they are a citizen or noncitizen and individuals ineligible solely due to their humanitarian immigration status. The bill would also repeal the provisions requiring certain federal benefits be provided in order for CFAP to be implemented.

The bill would make related findings and declarations.

To the extent that the bill would expand eligibility for county-administered benefits through the establishment of the CARET expansion of the CFAP program, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

This act shall be known, and may be referred to, as the California Antihunger Response and Employment Training Act of 2026.

SEC. 2.

The Legislature finds and declares all of the following:

(a) One in five Californians suffers from food insecurity.

(b) The federal Supplemental Nutrition Assistance Program (SNAP), known as CalFresh in California, is the most important defense against hunger, helping millions of Californians prevent hunger and its long-term consequences.

(c) SNAP not only helps prevent hunger among low-income households, it also creates jobs and supports our food economy across the state.

(d) The passage of federal House Resolution 1 (Public Law 119-21) marked the largest cut to CalFresh in program history, with 800,000 nearly 1,000,000 Californians expected to lose vital benefits.

(e) Hunger never makes any person better able to prepare for work, secure a job, or succeed at their place of employment. It only makes them, and our economy, weaker and less able to persevere during hard times.

(f) In addition, cutting low-income Californians from CalFresh disconnects them from CalFresh Employment and Training programs, which can help them reduce barriers to unemployment and gain new skills that increase their employability and likelihood of their future economic success.

(g) California will establish a state food assistance program that will serve low-income, out-of-work, underemployed, and job-seeking Californians who are impacted by these ill-conceived federal actions.

(h) The Legislature encourages the State Department of Social Services to find prospects for comparable employment and training opportunities for individuals receiving benefits through the California Food Assistance Program (CFAP).

SEC. 3.Chapter 10.6 (commencing with Section 18947) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:

10.6.California Antihunger Response and Employment Training Program

18947.

(a)The State Department of Social Services shall establish the California Antihunger Response and Employment Training (CARET), a state-funded program for persons described in subdivision (b).

(b)A person who has been determined ineligible for CalFresh benefits, or for whom CalFresh benefits have been discontinued, as a result of the federal able-bodied adult without dependents (ABAWD) time limit, and who also is ineligible for a percentage exemption, shall receive benefits under the CARET program.

(c)A person described in subdivision (b) shall receive CARET benefits in the same amount as the CalFresh benefits they would have received if the ABAWD time limit did not make them ineligible.

(d)A CARET program recipient shall also be eligible for the same CalFresh Employment and Training (CalFresh E&T) program benefits described in Section 18926.5 that the recipient would have been eligible for if the ABAWD time limit did not make the recipient ineligible for CalFresh benefits.

(e)A CalFresh E&T provider serving a CARET recipient shall be eligible to draw down a state-funded reimbursement in the same amount that the provider would have been eligible to receive for allowable CalFresh E&T services for a CalFresh recipient.

(f)(1)Benefits issued pursuant to this chapter shall be issued through a state-administered and state-funded electronic benefits transfer system that is subject to the standards established in Section 10072.

(2)The electronic benefits transfer system used to issue CARET benefits may also be used to issue other state-funded food assistance benefits.

(g)This chapter applies only if federal law and guidance prohibit the state from retaining an exemption allocated pursuant to Section 273.24(g) of Title 7 of the Code of Federal Regulations for use in a later month.

18947.1.

(a)The State Department of Social Services shall issue guidance to maximize the use of percentage exemptions available under federal law and guidance relating to the federal Supplemental Nutrition Assistance Program.

(b)The department shall develop the guidance in consultation with the Office of Systems Integration, county human services agencies, public benefit recipient advocates, representatives of public benefit caseworkers, and other relevant stakeholders.

(c)The guidance may include redistribution of percentage exemptions between counties if necessary to maximize the use of the percentage exemptions to prevent hunger among persons subject to the federal able-bodied adult without dependents time limit.

(d)The guidance shall be issued no later than April 1, 2028, and shall remain operative until the CARET program described in Section 18947 of the Welfare and Institutions Code is operative.

SEC. 3.

The heading of Chapter 10.1 (commencing with Section 18930) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read:

CHAPTER 10.1. California Food Assistance Program for Legal Immigrants

SEC. 4.

Section 18930 of the Welfare and Institutions Code, as amended by Section 86 of Chapter 85 of the Statutes of 2021, is amended to read:

18930.

(a) The State Department of Social Services shall establish a Food Assistance Program to provide assistance for those persons described in subdivision (b). The department shall enter into an agreement with the United States Department of Agriculture to use the existing federal Supplemental Nutrition Assistance Program coupons for the purposes of administering this program. Persons who are members of a household receiving CalFresh benefits under this chapter or under Chapter 10 (commencing with Section 18900), and are receiving CalWORKs benefits under Chapter 2 (commencing with Section 11200) of Part 3 on September 1, 1998, shall have eligibility determined under this chapter without need for a new application no later than November 1, 1998, and the beginning date of assistance under this chapter for those persons shall be September 1, 1998.

(b) (1) Except as provided in paragraphs (2), (3), and (4) and Section 18930.5, noncitizens of the United States shall be eligible for the program established pursuant to subdivision (a) if the person’s immigration status meets the eligibility criteria of the federal Supplemental Nutrition Assistance Program in effect on August 21, 1996, but the person is not eligible for federal Supplemental Nutrition Assistance Program benefits solely due to the person’s immigration status under Public Law 104-193 and any subsequent amendments thereto. status.

(2) Noncitizens of the United States shall be eligible for the program established pursuant to subdivision (a) if the person is a battered immigrant spouse or child or the parent or child of the battered immigrant, as described in Section 1641(c) of Title 8 of the United States Code, as amended by Section 5571 of Public Law 105-33, or if the person is a Cuban or Haitian entrant as described in Section 501(e) of the federal Refugee Education Assistance Act of 1980 (Public Law 96-122).

(3) Individuals ineligible for CalFresh benefits solely due to the federal time limits placed on able-bodied adults without dependents (ABAWDs) shall be eligible for the program established pursuant to subdivision (a), regardless of if they are a citizen or noncitizen.(4) Notwithstanding paragraph (5), individuals ineligible for CalFresh benefits solely due to their humanitarian immigration status shall be eligible for the program established pursuant to subdivision (a).

(3)

(5) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, shall be eligible for aid under this chapter only if the applicant is sponsored and one of the following apply:

(A) The sponsor has died.

(B) The sponsor is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.

(C) The applicant, after entry into the United States, is a victim of abuse by the sponsor or the spouse of the sponsor if the spouse is living with the sponsor.

(4)

(6) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, who does not meet one of the conditions of paragraph (3), (5), shall be eligible for aid under this chapter beginning on October 1, 1999.

(5)

(7) The applicant shall be required to provide verification that one of the conditions of subparagraph (A), (B), or (C) of paragraph (3) (5) has been met.

(6)

(8) For purposes of subparagraph (C) of paragraph (3), (5), abuse shall be defined in the same manner as provided in Section 11495.1 and Section 11495.12. A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be sufficient to establish abuse if one or more additional items of evidence of abuse is also provided. Additional evidence may include, but is not limited to, the following:

(A) Police, government agency, or court records or files.

(B) Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse.

(C) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.

(D) Physical evidence of abuse.

(7)

(9) If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a determination documented in writing in the case file that the applicant is credible.

(c) (1) To the extent allowed by federal law, the income, resources, and deductible expenses of those persons described in subdivision (b) shall be excluded when calculating CalFresh benefits under Chapter 10 (commencing with Section 18900).

(2) No household shall receive more CalFresh benefits under this section than it would if no household member was rendered ineligible pursuant to Title IV of Public Law 104-193 and any subsequent amendments thereto.

(d) This section shall become inoperative on the date that the department has notified the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 18930, as added by the act that added this subdivision, and, as of January 1 of the following year, is repealed.

SEC. 5.

Section 18930 of the Welfare and Institutions Code, as amended by Section 84 of Chapter 50 of the Statutes of 2022, is amended to read:

18930.

(a) There is hereby created the California Food Assistance Program (CFAP).

(b) CFAP shall utilize existing CalFresh and electronic benefits transfer system infrastructure to the extent permissible by federal law.

(c) (1) The State Department of Social Services shall use state funds appropriated for CFAP to provide nutrition benefits to households that are ineligible for CalFresh benefits solely for the following reasons:

(A) The individual is ineligible solely due to federal time limits placed on able-bodied adults without dependents (ABAWDs) regardless of if they are a citizen or noncitizen.(B) Notwithstanding paragraph (C), the individual is ineligible solely due to their humanitarian immigration status.

(C) The individual is ineligible solely due to their immigration status. In accordance with Section 1621(d) of Title 8 of the United States Code, this chapter provides benefits for undocumented persons.

(1)

(i) Subject to an appropriation in the annual Budget Act for the express purpose of this paragraph, an individual 55 years of age or older shall be eligible for the program established in subdivision (a) if the individual’s immigration status is the sole basis for their ineligibility for CalFresh benefits.

(2)

(ii) Except as provided in paragraphs (3), (4), and (5) clauses (iii), (iv), and (v), and Section 18930.5, noncitizens of the United States shall be eligible for the program established pursuant to subdivision (a) if the person’s immigration status meets the eligibility criteria of the federal Supplemental Nutrition Assistance Program in effect on August 21, 1996, but the person is not eligible for federal Supplemental Nutrition Assistance Program benefits solely due to the person’s immigration status under Public Law 104-193 and any subsequent amendments thereto. status.

(3)

(iii) Noncitizens of the United States shall be eligible for the program established pursuant to subdivision (a) if the person is a battered immigrant spouse or child or the parent or child of the battered immigrant, as described in Section 1641(c) of Title 8 of the United States Code, as amended by Section 5571 of Public Law 105-33, or if the person is a Cuban or Haitian entrant as described in Section 501(e) of the federal Refugee Education Assistance Act of 1980 (Public Law 96-422).

(4)

(iv) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, shall be eligible for aid under this chapter if the applicant is sponsored and one of the following apply:

(A)

(I) The sponsor has died.

(B)

(II) The sponsor is disabled, as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.

(C)

(III) The applicant, after entry into the United States, is a victim of abuse by the sponsor or the spouse of the sponsor if the spouse is living with the sponsor.

(5)

(v) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, who does not meet one of the conditions of paragraph (4), clause (iv), shall be eligible for aid under this chapter beginning on October 1, 1999.

(6)

(vi) The applicant shall be required to provide verification that one of the conditions of subparagraph (A), (B), or (C) of paragraph (4) subclause (I), (II), or (III) of clause (iv) has been met.

(7)

(vii) For purposes of subparagraph (C) of paragraph (4), subclause (III) of clause (iv), abuse shall be defined in the same manner as provided in Section 11495.1 and Section 11495.12. A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be sufficient to establish abuse if one or more additional items of evidence of abuse are also provided. Additional evidence may include, but is not limited to, the following:

(A)

(I) Police, government agency, or court records or files.

(B)

(II) Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse.

(C)

(III) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.

(D)

(IV) Physical evidence of abuse.

(8)

(viii) If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a determination documented in writing in the case file that the applicant is credible.

(d) (1) The amount of nutrition benefits provided to each CFAP household shall be identical to the amount that would otherwise be provided to a household eligible for CalFresh benefits.

(2) The benefit amount for a CFAP recipient who is an excluded member of a CalFresh household shall be limited to the amount that the recipient would have received as their share of a CalFresh household benefit, had they not been excluded due to their immigration status. status, humanitarian immigrant status, or expired federal time limit.

(3) To the extent permissible under federal law, the delivery of CFAP nutrition benefits shall be identical to the delivery of CalFresh benefits to eligible CalFresh households.

(e) (1) To the extent allowed by federal law, the income, resources, and deductible expenses of those persons described in subdivision (c) shall be excluded when calculating CalFresh benefits under Chapter 10 (commencing with Section 18900).

(2) No household shall receive more CalFresh benefits under this section than it would if no household member was rendered ineligible pursuant to Title IV of Public Law 104-193 and any subsequent amendments thereto.

(f) 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 implement and administer this section through all-county letters or similar instructions without taking regulatory action until final regulations are adopted, but no later than 18 months after the date upon which this subdivision becomes operative.

(g) This section shall become operative on the date that the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section.

SEC. 6.

Section 18935 of the Welfare and Institutions Code is repealed.

18935.

This chapter shall be implemented only during any period that federal benefits are provided under Section 1612(a) of Title 8 of the United States Code.

SEC. 4.SEC. 7.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

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REVISIONS: Heading—Line 3.

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