WSR 21-01-193
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed December 22, 2020, 9:32 a.m., effective December 26, 2020]
Effective Date of Rule: December 26, 2020.
Purpose: The department is extending emergency WAC 388-437-0005 Changes to food assistance in response to the COVID-19 pandemic, to continue adjustments to food assistance benefit issuances implemented under the Families First Coronavirus Response Act (H.R. 6201, Section 2302).
This subsequent emergency adoption extends the emergency rule adopted as WSR 20-18-029. The department filed a CR-101 Preproposal statement of inquiry as WSR 20-17-124 and a CR-102 Proposed rule making as WSR 20-24-072, and a public hearing on the proposed rule is scheduled for January 5, 2021.
Citation of Rules Affected by this Order: New WAC 388-437-0005.
Other Authority: H.R. 6201.
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: This emergency rule is required to extend provisions of the Families First Coronavirus Response Act (H.R. 6201, Section 2302) related to Supplemental Nutrition Assistance Program that support preservation of the public health, safety, or general welfare through access to food assistance.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: December 21, 2020.
Katherine I. Vasquez
Rules Coordinator
SHS-4797.5
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.