2009 California Welfare and Institutions Code - Section 18325-18335 :: Chapter 5.7. Nutrition Program For The Elderly

18325.  This chapter shall be known and may be cited as the
McCarthy-Kennick Nutrition Program for the Elderly Act of 1972.

18325.5.  It is the intention of the Legislature that the State of
California through state, local governmental, and private agencies
shall make a maximum contribution of their in-kind resources and
in-kind facilities in order to implement this chapter under Title III
of the Older Americans Act of 1965, as amended, provided however
that should federal funds become available under Title VII of the
Older Americans Act of 1965 (42 U.S.C. Sec. 3021 et seq.), as
amended, the Legislature intends that programs provided pursuant to
this chapter be implemented to the maximum extent feasible under
Title VII (former 42 U.S.C. Sec. 3045 et seq.) in order to secure the
maximum federal financial participation. The Older Americans Act of
1965 (42 U.S.C. Sec. 3001 et seq.), as amended, states that the
federal government will share in the cost of approved programs and
that the local or state share may be "in-kind" contributions.

18326.  The California Commission on Aging, with the approval of the
Secretary of the Health and Welfare Agency, shall develop and submit
to the federal government the state plan for implementation of the
Older Americans Act of 1965, as amended, pursuant to this chapter.
Such plan shall be submitted by February 1, 1973, and by May 1st of
each succeeding year. While such state plan is in preparation, any
private agency or public agency, with the consent of the jurisdiction
involved, may submit to the California Commission on Aging for
review and consideration its proposal for funding and assistance
pursuant to the Older Americans Act of 1965, as amended. The
commission shall do everything feasible to assist such private and
state or local agencies in the preparation of their proposals.

18327.  The state plan referred to in Section 18326 shall include,
but not be limited to, the following:
   (1) Establishment of projects which, five or more days per week,
provide at least one hot meal per day and any additional meals which
the contracting agency or organization may elect to provide, each of
which assures recommended dietary allowances;
   (2) Provision of such nutrition projects for individuals aged 60
or over who are eligible;
   (3) Furnishing of sites for such nutrition projects in close
proximity to concentrations of eligible individuals' residences, such
as schools, churches, senior centers and facilities serving the
aging;
   (4) Utilization of administrative methods to assure maximum
participation of eligible individuals;
   (5) Provision of special menus, where feasible, to meet particular
dietary needs arising from health or religious requirements or
ethnic backgrounds;
   (6) Provision of settings conducive to including, as a part of
such projects, recreational activities, information, health and
welfare counseling, and referral services;
   (7) Provision of appropriate modes of transportation essential to
maximum participation of eligible individuals confined to their
homes;
   (8) Establishment and administration of such projects with the
advice of persons competent in the field and of older Californians
who will themselves participate in the program.
   (9) Nutrition education.

18327.1.  Notwithstanding any other provision of law, the state plan
referred to in Section 18326 and Section 18327 shall provide that
not less than 10 percent nor more than 20 percent of all funds
expended for nutrition services shall be available for meals to
individuals in their residences, except as otherwise required by
federal law.

18327.2.  Notwithstanding any other provision of law, not more than
20 percent of the funds administered by the state for nutrition
services for the elderly pursuant to this chapter shall be expended
for meals delivered to individuals in their residences. Such
individuals receiving meals served in their residences shall not be
required to participate in congregate feeding programs, except as
otherwise required by federal law.

18327.3.  Notwithstanding any other provisions of law, no agency
providing food services, pursuant to this chapter shall be prohibited
from serving meals consistent with terms and conditions in its
contract, to individuals as long as the total number of meals served
by all agencies within the region, as established by the State
Department of Aging, does not exceed the number of meals authorized
by the State Department of Aging to be served for such region.

18329.  To the extent permitted by federal law, benefits received
under this chapter shall not be treated as income or resources for
the purpose of any program or provision of Division 9 (commencing
with Section 10000).

18330.  In each case where the Director of the State Department of
Aging determines that the failure or inability of any contractor
adequately to perform the terms of a contract for a nutrition project
established pursuant to this chapter requires the suspension,
termination or withholding of funding for that project in accordance
with applicable law, the State Department of Aging may provide on a
purchase-of-service basis the services which otherwise would have
been provided by that project for a period not to exceed 60
consecutive days where necessary to avoid interruption of provision
of nutrition services to eligible individuals.

18331.  There is hereby established a Nutrition Reserve Fund under
the control of the Director of the Department of Aging. From the fund
the director may allocate to any individual nutrition project for
any fiscal year no more than three hundred thousand dollars
($300,000) in order to maintain necessary services which lack
sufficient federal funding.
   A nutrition project shall not receive more than one appropriation
from the Nutrition Reserve Fund during the duration of the contract
period of the project.
   Requests for allocations from the Nutrition Reserve Fund shall be
reviewed by the applicable local area agency on aging. The local area
agency on aging shall submit recommendations to the California
Department of Aging.

18331.1.  Notwithstanding the limitations of Section 18331 of this
code, the director is empowered to allocate money from the Nutrition
Reserve Fund in order to implement the Nutrition and Volunteer
Services Program for Senior Citizens for the calendar year commencing
January 1, 1981.

18332.  (a) All allocations from the Nutrition Reserve Fund shall be
approved by the Director of Finance prior to issuance.
   (b) The funds shall be used to maintain existing nutrition
services when it is determined that no federal funds are available
for this purpose. To the extent funds are available in the initial
appropriation under Chapter 1189 of the Statutes of 1979, Nutrition
Reserve Fund moneys may be used for increased cost per meal resulting
from inflation and increased number of participants in existing
projects resulting from the fact that inflation is causing more
seniors on fixed incomes to fall below the poverty level.
   (c) When appropriated by the Legislature, the Nutrition Reserve
Fund, not to exceed an aggregate total of one million dollars
($1,000,000), may be used to extend or implement innovative nutrition
demonstration projects.
   (d) In addition, one million dollars ($1,000,000) of the fund
shall constitute a revolving loan account from which the Department
of Aging may extend loans, without interest, not to exceed three
hundred thousand dollars ($300,000) per loan to be repaid from
yearend balances in any senior nutrition project.
   (e) In order to qualify for funds from the Nutrition Reserve Fund
a nutrition project shall be required to seek from the community in
which it is located, a matching grant in the amount equal to 5
percent of the requested allocation. The matching grant may be in the
form of in-kind services, unless these services are presently being
used as the basis for a matching grant for the project. In addition,
if all other alternatives are exhausted to meet the 5-percent federal
matching requirement required in PL 95-478, the Department of Aging
may allocate funds from the Nutrition Reserve Fund as are necessary
to meet this 5-percent match requirement. These funds may be used to
maintain existing services, one-time major expenditures or to expand
services to fulfill unmet needs. Thirty days prior to allocating
funds from the Nutrition Reserve Fund for the purpose of meeting the
5-percent federal matching requirement, the Department of Aging shall
advise the Assembly Committee on Aging, the Joint Legislative Budget
Committee, and the fiscal committees in both houses of its plan for
these allocations.
   (f) When a nutrition project receives an allocation of funds from
the Nutrition Reserve Fund due to the presence of fiscal
difficulties, the Department of Aging shall, in conjunction with the
applicable local area agency on aging and the nutrition project
receiving these funds, take immediate action to determine the reason
for the project's fiscal difficulties.

18333.  (a) The Nutrition Reserve Fund shall also be used for the
purpose of making loans to maintain existing levels of supportive
services provided pursuant to Section 3030d of Title 42 of the United
States Code, in order to compensate for cuts in federal funds for
those services for the 1989-90 state fiscal year.
   (b) The loans shall be repaid with one-time-only funds as defined
in subdivision (e) of Section 9315, or with federal funds received in
the fourth quarter of the 1989-90 federal fiscal year.

18335.  Notwithstanding any other provision of law:
   (a) Retired firemen may be utilized to conduct fire inspections of
the sites of nutrition projects for senior citizens in order to
determine whether such sites are in compliance with state and local
fire safety standards.
   (b) Retired licensed sanitarians may be utilized to conduct
sanitation inspections of sites of nutrition projects for senior
citizens in order to determine whether such sites are in compliance
with applicable state and local sanitation standards.
   Such retirees may contract with local area agencies on aging or
nutrition projects to perform the required inspections as independent
contractors. Fees for the undertaking of such inspections shall be
paid out of federal funds allocated to local area agencies on aging
which are provided by Title III of the Older Americans Act.
   A written report of the findings of such fire safety and
sanitation inspections shall be furnished to the appropriate area
agency on aging or the director of the nutrition project in which
sites inspected are located.
   A report of uncorrected fire safety deficiencies, after a followup
inspection, shall be supplied or mailed to the local fire protection
agency.
   A report of uncorrected sanitation deficiencies, after a followup
inspection, shall be supplied or mailed to the local health agency.
   It is the intent of this section that inspections carried out
pursuant hereto shall satisfy federal regulations which provide that
sites for nutrition projects for senior citizens must meet applicable
state and local fire sanitation standards.