AMENDED IN SENATE AUGUST 19, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
98
Introduced by Assembly Member Celeste Rodriguez
(Coauthor: Assembly Member Lee)
February 20, 2025
An act to amend amend, repeal, and add Section 18932 of the Welfare and Institutions Code, relating to food assistance.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
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 state law establishes, in addition to CalFresh, 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 sets forth provisions relating to state funding for CFAP.
Under existing federal and state law, in determining the eligibility and amount of aid for a person who is not a citizen or national of the United States under certain public social services programs, the income and resources of the person are deemed to include the income and resources of any person who has executed an affidavit of support on behalf of the person and the spouse of that person, with certain exemptions.
Existing state law requires that federal deeming rules and exemptions governing SNAP also govern CFAP, with certain exceptions.
Under this bill, federal beginning January 1, 2028, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement these provisions, whichever is later, federal sponsor deeming rules and noncitizen exemptions governing SNAP would instead not apply to CFAP. By creating
new duties for counties relating to CFAP eligibility, 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.
The people of the State of California do enact as follows:
Section 18932 of the Welfare and Institutions Code is amended to read:
18932.
(a) Except as otherwise provided in this chapter, the federal and state laws and regulations governing the federal Supplemental Nutrition Assistance Program shall also govern the program provided for under this chapter.
(b) Federal deeming rules and exemptions governing the federal Supplemental Nutrition Assistance Program shall not apply to the program established under this chapter.
SECTION 1.
Section 18932 of the Welfare and Institutions Code is amended to read:
18932.
(a) Except as otherwise provided in this chapter, the federal and state laws and regulations governing the federal Food Stamp Supplemental Nutrition Assistance Program shall also govern the program provided for under this chapter.
(b) Federal deeming rules and exemptions governing the federal Food Stamp Supplemental Nutrition Assistance Program shall also govern the program provided
for under this chapter, except that for immigrants with affidavits of support under Section 1183a of Title 8 of the United States Code who do not meet exemptions from deeming, the period for deeming of a sponsor’s income and resources shall be three years from the date of the sponsor’s execution of the affidavit of support pursuant to Section 1183a of Title 8 of the United States Code.
(c) Notwithstanding any other provision in this chapter, immigrants who are victims of abuse by their sponsor or sponsor’s spouse shall be exempt from deeming. 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:
(1) Police, government agency, or court records or files.
(2) Documentation from a domestic violence program, or from a legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse.
(3) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.
(4) Physical evidence of abuse.
(5) 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) This section shall become inoperative on January 1, 2028, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 18932, as added by the act that added this subdivision, whichever date is later, and, as of January 1 of the following year, is repealed.
SEC. 2.
Section 18932 is added to the Welfare and Institutions Code, to read:
18932.
(a) Except as otherwise provided in this chapter, the federal and state laws and regulations governing the federal Supplemental Nutrition Assistance Program shall also govern the program provided for under this chapter.
(b) The federal sponsor deeming rules and sponsored noncitizen exemptions governing the federal Supplemental Nutrition Assistance Program, as specified in paragraphs (2) and (3) of subdivision (c) of Section 273.4 of Title 7 of the Code of Federal Regulations, respectively, shall not apply to the program established under this chapter.
(c) This section shall become operative on January 1, 2028, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
SEC. 2.SEC. 3.
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.