California § 18901.26 - Subject to an appropriation by the Legislature in the annual Budget Act or anothe

§ 18901.26. Subject to an appropriation by the Legislature in the annual Budget Act or anothe

(a) Subject to an appropriation by the Legislature in the annual Budget Act or another statute for this purpose, the department shall administer the CalFresh Minimum Nutrition Benefit (MNB) Pilot Program to provide 12 months of additional state-funded nutrition benefits to ensure eligible households receive a supplement that, when added together with the federal allotment, totals no less than fifty dollars ($50). (b) (1) The department shall use funds appropriated for the pilot program established in subdivision (a) to provide eligible households a state-funded monthly minimum nutrition benefit that is no less than the difference between the household’s monthly CalFresh allotment and the minimum monthly benefit threshold established in subdivision (c). (2) (A) For purposes of this section, “eligible household” means a household that is approved to receive a federally funded or state-funded monthly CalFresh allotment that is less than the minimum monthly benefit threshold established in subdivision (c) and is identified by the department to participate in the CalFresh MNB Pilot Program. (B) The department shall retain sole discretion to identify additional eligibility criteria and define the scope of the CalFresh MNB Pilot Program, and shall consult with counties and stakeholders to identify and prioritize populations or regions that have persistently high levels of hunger. (c) The minimum monthly benefit threshold for this section is fifty dollars ($50). (d) (1) Except as otherwise provided in this section, the federal and state laws and regulations governing the federal Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) shall also govern the program provided for under this section. (2) Benefits granted pursuant to this section shall be delivered through the electronic benefits transfer (EBT) system created pursuant to Sections 10072 and, to the extent permitted by federal law, shall not be considered income for any means-tested program. (e) The pilot program established pursuant to subdivision (a) shall be implemented on the date that the Statewide Automated Welfare System can perform the automation necessary to implement this section. (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 department may implement and administer this section through all-county letters or similar instructions without taking regulatory action.