WSR 15-15-061

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 10, 2015, 10:47 a.m.]

Subject of Possible Rule Making: The department proposes to amend WAC 388-400-0050 If I am not eligible for federal benefits through Washington Basic Food program because of my alien status, can I receive benefits through the state-funded food assistance program?

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08A.120 authorizes the food assistance program for legal immigrants (FAP). Subsection (3) states "The benefit under the state food assistance program shall be established by the legislature in the biennial operating budget." The 2015-2017 biennial budget (ESSB 6052), which passed the legislature and was signed by the governor, increased funding for FAP and set benefits at one hundred percent of the federal food benefit level beginning July 1, 2015.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The 2015-2017 biennial budget (ESSB 6052) increased funding for FAP and set benefits at one hundred percent of the federal food benefit level beginning July 1, 2015.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DSHS incorporates regulations from federal agencies, exercises state options, and implements approved waivers and demonstration projects by adopting administrative rules for the federal supplemental nutrition assistance program (SNAP) administered as the Washington Basic Food program. For persons who do not meet citizenship or alien status requirements the department may establish a state-funded food assistance program for legal immigrants under RCW 74.08A.120. Department rules related to eligibility for noncitizens who do not meet alien status requirements for SNAP must comply with RCW 74.08A.120.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting John Camp, Administrator, Food Assistance Programs, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4616, fax (360) 725-4904, e-mail campix@dshs.wa.gov.

July 9, 2015

Katherine I. Vasquez

Rules Coordinator