(1) Standard of need - basic cash assistance grant. (a) The state department shall
promulgate rules determining the standard of need for eligibility for a basic cash
assistance grant, whether an applicant or participant meets the standard of need,
and the amount of the basic cash assistance grant. The state department shall
annually review and promulgate rules as necessary to update the standard of need
to ensure the standard of need is equitable, promotes economic mobility and self-sufficiency, and reflects the current economic situations in the state. In addition to
any other rules necessary for the implementation of this part 7, the state
department's rules shall:
(I) Adopt a statewide standard of need for eligibility for a basic cash
assistance grant that is not less than the basis for standard of need pursuant to this
subsection (1) as it existed on July 1, 2009;
(II) Establish criteria for determining whether an applicant or participant
meets the standard of need, including but not limited to what constitutes countable
and excludable income for the purposes of eligibility for a basic cash assistance
grant;
(III) No later than July 1, 2023, establish the calculation for determining the
amount of an eligible applicant's or participant's basic cash assistance grant, which
calculation must include an earned income disregard that is applied to the gross
countable earned income of an applicant or participant who is employed and a
gradual step down of the amount of income disregarded following the initial earned
income disregard. The initial earned income disregard and gradual step down must
promote work and self-sufficiency, be responsive to family circumstances and
need, and benefit the applicant or participant by reducing the unintended economic
consequences of becoming employed. The rules promulgated by the state
department pursuant to this subsection (1)(a)(III) must not establish an earned
income disregard that results in an applicant or participant having fewer financial
resources available to the applicant or participant than a similarly situated
applicant or participant would have had under the earned income disregard
pursuant to section 26-2-709 as it existed on July 1, 2009.
(IV) Establish the calculation for determining the amount of the basic cash
assistance grant, which calculation shall disregard current child support payments
made to a participant pursuant to section 26-2-111 (3)(a.5). However, such
payments, with applicable disregards, shall be considered income for purposes of
determining eligibility for the grant.
(b) (I) In establishing the calculation for determining the amount of an
eligible applicant's or participant's basic cash assistance grant, the state
department shall ensure that the amount of the basic cash assistance grant that a
participant or applicant receives for the state fiscal year commencing July 1, 2022,
is equal to or exceeds one hundred percent of the amount of basic cash assistance
in 2021, plus ten percent. For the state fiscal year commencing July 1, 2024, and
each state fiscal year thereafter, the amount of basic cash assistance must be
equal to or exceed the amount of basic cash assistance for the previous state fiscal
year plus a two percent cost of living adjustment or a cost of living adjustment that
is equal to the average of the federal social security administration's cost of living
adjustment for that fiscal year plus the previous two fiscal years, whichever is
greater.
(II) (A) On July 1, 2022, the state treasurer shall transfer twenty-one million
five hundred thousand dollars from the economic recovery and relief cash fund,
created in section 24-75-228, to the Colorado long-term works reserve to cover any
increase in basic cash assistance pursuant to this section above the amount of
basic cash assistance in state fiscal year 2021-22.
(B) The money transferred pursuant to subsection (1)(b)(II)(A) of this section
must be expended in accordance with section 24-75-226 (4)(d).
(C) This subsection (1)(b)(II) is repealed, effective July 1, 2027.
(III) (A) Beginning state fiscal year 2023-24, and each state fiscal year
thereafter, to cover any increase in basic cash assistance pursuant to this section
above the total spending of basic cash assistance in state fiscal year 2021-22, the
state department shall first expend any money remaining that is transferred to the
Colorado long-term works reserve pursuant to subsection (1)(b)(II) of this section.
The state department shall then expend money in an amount equal to one-third of
the amount necessary to cover any such increase in basic cash assistance from
available TANF funds, which must include funds in the Colorado long-term works
reserve and the total statewide county TANF reserve, and an amount equal to two-thirds of the amount necessary to cover any such increase in basic cash assistance
that the general assembly appropriates to the state department from the state
general fund or any other available fund, including the Colorado long-term works
reserve, in accordance with section 26-2-721 (5). The state department and
counties shall identify an equitable portion of the Colorado long-term works reserve
and total statewide county TANF reserve for the implementation of this subsection
(1)(b)(III)(A). The general assembly shall appropriate money to the state department
for the implementation of this subsection (1)(b)(III)(A).
(B) If the total statewide county TANF reserve falls below fifteen percent of
the county block grant amount, the general assembly shall appropriate money from
the Colorado long-term works reserve to the county block grant until the balance of
the total statewide county TANF reserve exceeds fifteen percent of the county
block grant amount or until the Colorado long-term works reserve falls below
twenty-five percent of the state block grant amount.
(C) If the Colorado long-term works reserve falls below twenty-five percent
of the state block grant amount and the total statewide county TANF reserve
exceeds fifteen percent of the county block grant amount, the counties shall fund
the TANF program from available TANF funds until the total statewide county
TANF reserve falls below fifteen percent of the county block grant amount.
Counties are only required to spend available TANF money, including county TANF
reserves and the maintenance of effort, for the Colorado works program.
(IV) Beginning January 2023, and each January thereafter, the joint budget
committee shall at least annually review the balance of the Colorado long-term
works reserve and the total statewide county TANF reserve, and, if the joint budget
committee determines that the balance of the Colorado long-term works reserve
will fall below twenty-five percent of the state block grant amount and the balance
of the total statewide county TANF reserve will fall below fifteen percent of the
county block grant amount in the current or next state fiscal year, the general
assembly shall appropriate money from the state general fund or the unclaimed
property trust fund to cover any increase in basic cash assistance above the amount
of basic cash assistance in state fiscal year 2021-22 until the balance of the
Colorado long-term works reserve exceeds twenty-five percent of the state block
grant amount and the total statewide county TANF reserve exceeds fifteen percent
of the county block grant amount.
(V) The state department and a county department that receives money from
the state department pursuant to this section shall comply with the compliance,
reporting, record-keeping, and program evaluation requirements established by the
office of state planning and budgeting and the state controller in accordance with
section 24-75-226 (5).
(c) Except as otherwise provided in this part 7 and subject to available
appropriations, an applicant or participant who meets the eligibility criteria
established by the state department pursuant to paragraph (a) of this subsection (1)
shall receive a basic cash assistance grant in an amount determined by the state
department pursuant to paragraphs (a) and (b) of this subsection (1). An increase in
the amount of the basic cash assistance grant approved by the state department
shall not take effect unless the funding for the increase is included in the annual
general appropriation act or a supplemental appropriation act.
(d) Repealed.
(e) Beginning July 1, 2021, and each year thereafter, the joint budget
committee of the general assembly shall review the sustainability of the Colorado
long-term works reserve created in section 26-2-721.
(f) No later than July 1, 2026, the state department shall submit a report to
the joint budget committee that includes the following information related to the
standard of need for eligibility for basic cash assistance:
(I) How Colorado's current eligibility for basic cash assistance compares to
other states;
(II) The amount of money other states invest in their TANF program;
(III) A list of states that exemplify how to determine whether to update
eligibility for basic cash assistance and how to do so;
(IV) A proposed updated standard of need that reduces extreme child
poverty, promotes economic mobility and self-sufficiency, and reflects the state's
current economic conditions;
(V) The number of additional families that would have access to basic cash
assistance based on the proposed updated standard of need created in subsection
(1)(f)(IV) of this section; and
(VI) The estimated cost of the proposed updated standard of need.
(1.3) Redetermination of eligibility for persons receiving cash assistance. The state board shall promulgate rules that require county departments to perform
a redetermination of eligibility for all assistance units receiving cash assistance.
Eligibility processes from other public assistance or entitlement programs may be
used when redetermining eligibility. When possible, the state board is strongly
encouraged to align redetermination timelines with other public assistance or
entitlement programs.
(1.5) Rules concerning cash assistance. The state department shall
promulgate rules as may be necessary to comply with changes in federal
regulations relating to the definition of the term cash assistance.
(2) Other assistance. (a) Subject to available appropriations, a county
department may provide assistance, including but not limited to cash assistance, in
addition to the basic cash assistance grant described in subsection (1) of this
section that is authorized pursuant to the provisions of the federal law or this
section. Such other assistance shall be based upon a participant's assessed needs.
(b) and (c) (Deleted by amendment, L. 2008, p. 1960, � 11, effective January 1,
2009.)
(3) (Deleted by amendment, L. 2008, p. 1960, � 11, effective January 1, 2009.)