Purpose: The department is creating new WAC 388-437-0010 pandemic EBT benefits, to implement pandemic EBT benefits as provided under H.R. 6201, The Families First Coronavirus Response Act. The United States Department of Agriculture (USDA) Food and Nutrition Service has approved Washington state's plan to provide pandemic EBT benefits to households with school age children participating in the free or reduced-price meal program whose schools have been closed for at least five consecutive days due to the public health emergency declaration related to the coronavirus (COVID-19) pandemic.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Under the Families First Coronavirus Response Act, Title I, Sec 1101, the USDA may approve state plans to provide emergency Supplemental Nutrition Assistance Program benefits to households with children who would otherwise receive free or reduced-price school meals if their schools were not closed due to the COVID-19 public health emergency. The child's school must be closed for at least five consecutive days for the household to be eligible for benefits. States may provide the benefits using the electronic benefit transfer system.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Pandemic EBT benefits are available to households of children whose schools were closed for at least five consecutive days during the emergency designation and who would normally receive free or reduced price meals under the Richard B. Russell National School Lunch Act if not for school closures due to the COVID-19 pandemic.

(1) Household allotments will be no less than the value of school meals at the free rate over the course of five school days for each eligible school age child in the household.

(a) A school age child is defined as household members between the ages of five and eighteen as of October 1, 2019; or

(b) Household members between the ages of eighteen and twenty-one attending high school.

(2) Pandemic EBT benefits will only be issued in months a child met eligibility requirements for free or reduced price lunches.