AB 2309

Introduced by Assembly Member Bains
 An act to add Section 18900.85 to the Welfare and Institutions Code, relating to CalFresh, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.
CalFresh, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately
CalFresh Protection Act.
Existing federal law establishes the federal 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.
This bill would, in the event of a federal funding lapse that results in the withholding, suspension, or delay of federally funded CalFresh benefits, require the State Department of Social Services to utilize state funds to ensure that CalFresh benefits continue to be issued to existing recipients. The bill would define “federal funding lapse” to mean any period during which the federal government fails to appropriate sufficient funds to the United States Department of Agriculture to cover the full monthly allotment of SNAP benefits for eligible households in
		California, and would require the Director of Social Services to declare a federal funding lapse during any period that meets that definition. The bill would, in the event of a declaration by the director of a federal funding lapse, continuously appropriate to the department from the General Fund an amount necessary to cover the costs to implement these provisions, as determined by the director.
This bill would declare that it is to take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the CalFresh Protection Act.
SEC. 2.
(a) The Legislature finds and declares all of the following:
(1) The CalFresh program, federally known as the Supplemental Nutrition Assistance Program (SNAP), is the first line of defense against hunger for millions of Californians, including children, seniors, and individuals with disabilities.
(2) The recent federal government shutdown in October and November 2025 demonstrated that federal political gridlock can directly threaten the food security of California’s most vulnerable residents.
(3) While the State of California provided support to food banks during the 2025 federal government
		  shutdown, the inability to access CalFresh benefits via electronic benefit transfer (EBT) cards caused significant distress and economic disruption.
(b) It is the intent of the Legislature to ensure that no Californian goes hungry due to a lapse in federal appropriations by establishing a state-funded backstop for CalFresh benefits.
SEC. 3.
Section 18900.85 is added to the
Welfare and Institutions Code
, to read:
18900.85.
(a) For purposes of this section, “federal funding lapse” means any period during which the federal government fails to appropriate sufficient funds to the United States Department of Agriculture to cover the full monthly allotment of Supplemental Nutrition Assistance Program (SNAP) benefits for eligible households in California.
(b) Notwithstanding any other law, in the event of a federal funding lapse that results in the withholding, suspension, or delay of federally funded CalFresh benefits, the State Department of Social Services shall utilize state funds to ensure that CalFresh benefits continue to be issued to existing recipients.
(c) The benefits issued under subdivision
				  (b) shall be provided at the same monthly allotment level that existing recipients would have received had there not been a federal funding lapse.
(d) (1) The Director of Social Services shall declare a federal funding lapse during any period that meets the definition in subdivision (a).
(2) Notwithstanding Section 13340 of the Government Code, in the event of a declaration by the director of a federal funding lapse, an amount necessary to cover the costs to implement this section, as determined by the director, shall be continuously appropriated without regard to fiscal years to the department from the General Fund.
(e) The requirement to fund benefits under this section shall continue for the duration of the federal funding lapse or for a period of three months, whichever is shorter.
(f) The department shall maintain distinct accounting records for all state funds expended for benefits under this section.
(g) Upon the restoration of federal funding to the United States Department of Agriculture to cover the full monthly allotment of SNAP benefits for eligible households in California, the department shall immediately take all necessary steps to seek reimbursement from the federal government for state funds expended during the lapse.
SEC. 4.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure that the State of California has the immediate legal authority and financial mechanism to prevent mass hunger and economic instability in the event of a future federal government shutdown, it is necessary that this act take effect immediately.