WSR 20-24-072
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed November 24, 2020, 2:18 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-17-124.
Title of Rule and Other Identifying Information: The department is proposing adoption of WAC 388-437-0005 Changes to food assistance in response to the COVID-19 pandemic.
Hearing Location(s): On January 5, 2021, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2; or by Skype. Due to the COVID-19 pandemic, hearing may be held via Skype, see DSHS website for most up-to-date information.
Date of Intended Adoption: Not earlier than January 6, 2021.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., January 5, 2021.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by December 22, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed adoption of WAC 388-437-0005 will allow the department to adjust food assistance benefit issuances as provided under the Families First Coronavirus Response Act (H.R. 6201 Section 2302).
These adjustments to food benefit issuances have been in effect since March 31, 2020, under emergency rule adoptions filed as WSR 20-08-107, 20-10-048, and 20-18-029.
Reasons Supporting Proposal: The proposed rule is necessary to administer provisions of the Families First Coronavirus Response Act (H.R. 6201 Section 2302) related to the Supplemental Nutrition Assistance Program (SNAP), which support preservation of public health, safety, and general welfare through access to food assistance during the COVID-19 pandemic.
Rule is necessary because of federal law, H.R. 6201 Section 2302.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Ivette Dones-Figueroa, P.O. Box 45470, Olympia, WA 98504, phone 360-725-4651.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. This rule is exempt as allowed under RCW
34.05.328 (5)(b)(iii) which states in part, "This section does not apply to … rules adopting or incorporating by reference without material change [to] federal statues [statutes] or regulations, Washington state statues [statutes]…," and RCW
34.05.328 (5)(b)(vii), rules of DSHS relating only to client medical or financial eligibility.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: H.R. 6201 Section 2302. If the state does not adopt the rule it will not be able to leverage federal dollars to provide its eligible citizens with additional SNAP benefits, as provided in federal law, during the economic downturn caused by the COVID-19 pandemic.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: The proposed rule does not impact small businesses. It only impacts DSHS clients.
November 24, 2020
Katherine I. Vasquez
Rules Coordinator
NEW SECTION
WAC 388-437-0005Changes to food assistance in response to the COVID-19 pandemic.
Starting March 2020, assistance units (AUs) eligible for either federal or state-funded food assistance, or both, will receive emergency allotments that bring the AU up to the maximum benefit for their household size.
(1) The amount is the maximum food assistance benefit allotment for your AU size under WAC 388-478-0060(1) less the amount received under WAC 388-450-0162 (4)(b).
(2) Emergency allotments will continue each month until:
(a) The secretary for health and human services rescinds the public health emergency declaration that was issued on January 27, 2020, under section 319 of the Public Health Service Act;
(b) The state-issued emergency or disaster declaration expires; or
(c) The food and nutrition service directs otherwise.
(3) Emergency allotments for state-funded food assistance will continue each month, contingent on the availability of state funds.