Requires several State agencies to review and increase, if authorized, income eligibility standards for certain public assistance, school nutrition, and higher education student financial assistance programs; makes an appropriation.

A2216

ASSEMBLY, No. 2216

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Requires several State agencies to review and
increase, if authorized, income eligibility standards for certain public
assistance, school nutrition, and higher education student financial assistance
programs; makes an appropriation.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning income eligibility for certain public
assistance, school nutrition, and higher education student financial assistance
programs, supplementing Title 18A of the New Jersey Statutes and Titles 30, 48,
and 52 of the Revised Statutes, and making an appropriation.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� The Legislature finds
and declares that:

���� a.���� Although the State
minimum wage has increased annually since 2019, rising from $8.85 per hour in
that year to $14.13 per hour in January 2023, with a further increase to $15.13
scheduled for January 2024, income eligibility standards for many public assistance,
school nutrition, and higher education student financial assistance programs
have not been revised accordingly.

���� b.��� According to multiple
economic surveys, New Jersey residents have one of the highest costs of living
in the country; however, the State has not updated the income eligibility
standards for many State-run public assistance, school nutrition, and higher education
student financial assistance programs to reflect this fact.

���� c.���� The additional income
attained by minimum wage earners since 2019 has been eroded by inflationary
pressures in recent years; however, because income eligibility standards for
many State public assistance, school nutrition, and higher education student financial
assistance programs have not increased along with the State minimum wage,
working families continue to struggle to afford such necessities as food, rent,
utilities, and clothing.

���� d.��� Given that minimum wage
earners continue to struggle to afford basic necessities, it is essential that
income eligibility standards for State-funded public assistance, school
nutrition, and higher education student financial assistance programs increase in
order to ensure a better quality of life for State residents.

���� 2.��� a.� The Commissioner of
Agriculture shall have the authority, within the scope of this section, to
increase the income eligibility standards, in the manner provided for by
subsection d. of this section, for any school nutrition program for which the
commissioner makes a determination pursuant to subsection b. of this section.

���� b.��� The commissioner shall
review all school nutrition programs under the department�s purview and
determine whether:

���� (1)�� the department has the
authority, pursuant to State and federal law, to increase the income
eligibility standards for each program; and

���� (2)�� a school nutrition
program, which is funded in whole or in part by a federal block grant, would
have sufficient funding under the block grant to provide benefits and services
for newly eligible beneficiaries subsequent to any increase in the program�s income
eligibility standards that may be authorized by the commissioner pursuant to
this section.

���� c.���� The review conducted by
the commissioner, pursuant to subsection b. of this section, shall include, at
a minimum, the following school nutrition programs:

���� (1)�� the National School
Lunch Program;

���� (2)�� the federal School
Breakfast Program;

���� (3)�� any summer meals
programs; and

���� (4)�� any other school
nutrition program administered by the department that the commissioner deems
appropriate.

���� d.��� If the commissioner,
based upon the results of the review conducted pursuant to subsection b. of
this section, determines that the State has the statutory or regulatory
authority to increase the income eligibility standards for a school nutrition
program and, for any program funded in whole or in part by a federal block
grant, sufficient funding is available to increase the income eligibility
standards for the program, the commissioner shall increase the income
eligibility standards for each such program by an amount equal to the total
percentage increase in the State hourly minimum wage between January 1, 2019
and the effective date of this act, plus a cost of living adjustment in an
amount equal to the cost of living adjustment for federal Social Security
benefits for the calendar year in which the provisions of this act become
effective.

���� e.���� The commissioner shall
apply for such federal waivers as may be necessary to implement the provisions
of this section and to continue to secure federal financial participation for
school nutrition programs for qualified low and moderate-income households.

���� f.���� As used in this
section:

���� �Department� means the
Department of Agriculture.

���� �Federal School Breakfast
Program,� �National School Lunch Program,� and �summer meals programs� mean the
same as those terms are defined by section 2 of P.L.2022, c.104 (C.18A:33-3.2).

���� 3.��� a.� The Executive
Director of the Higher Education Student Assistance Authority shall have the
authority, within the scope of this section, to increase the income eligibility
standards, in the manner provided for by subsection d. of this section, for any
student financial assistance program for which the executive director makes a
determination pursuant to subsection b. of this section.

���� b.��� The executive director
shall review all higher education student financial assistance programs under
the authority�s purview and determine whether the authority may, pursuant to
State or federal law, increase the income eligibility standards for each program.�

���� c.���� The review conducted by
the executive director, pursuant to subsection b. of this section, shall
include, at a minimum, the following higher education student financial
assistance programs:

���� (1)�� tuition aid grants;

���� (2)�� the Community College
Opportunity Grant program; and

���� (3)�� any other higher
education student financial assistance programs administered by the authority
that the executive director deems appropriate.

���� d.��� If the executive
director, based upon the results of the review conducted pursuant to subsection
b. of this section, determines that the authority has the statutory or
regulatory authority to increase the income eligibility standards for a higher
education student financial assistance program, the executive director shall
increase the income eligibility standards for each such program by an amount
equal to the total percentage increase in the State hourly minimum wage between
January 1, 2019 and the effective date of this act, plus a cost of living
adjustment in an amount equal to the cost of living adjustment for federal
Social Security benefits for the calendar year in which the provisions of this
act become effective.

���� e.���� As used in this
section:

���� �Authority� means the Higher
Education Student Assistance Authority established under N.J.S.18A:71A-3.

���� �Community College Opportunity
Grant program� means the grant program established pursuant to P.L.2021, c.26
(C.18A:71B-111 et seq.).

���� �Tuition aid grant� means a
tuition aid grant awarded pursuant to P.L.1999, c.46 (C.18A:71B-18 et seq.).

���� 4.��� a.� The Commissioner of
Human Services shall have the authority, within the scope of this section, to
increase the income eligibility standards, in the manner provided for by
subsection d. of this section, for any public assistance program for which the commissioner
makes a determination pursuant to subsection b. of this section.

���� b.��� The commissioner shall
review all public assistance programs under the department�s purview and
determine whether:

���� (1)�� the department has the
authority, pursuant to State and federal law, to increase the income
eligibility standards for each program; and

���� (2)�� a public assistance
program, which is funded in whole or in part by a federal block grant, would
have sufficient funding under the block grant to provide benefits and services
for newly eligible beneficiaries subsequent to any increase in the program�s income
eligibility standards that may be authorized by the commissioner pursuant to
this section.

���� c.���� The review conducted by
the commissioner, pursuant to subsection b. of this section, shall include, at
a minimum, the following public assistance programs:

���� (1)�� the Medicaid and NJ
FamilyCare programs;

���� (2)�� the Work Force New
Jersey/Temporary Assistance for Needy Families and Work Force New
Jersey/General Assistance programs;

���� (3)�� the subsidized child
care assistance program;

���� (4)�� the PAAD and Senior Gold
Prescription Discount programs;

���� (5)�� the Lifeline Credit
Program;

���� (6)�� the Tenants� Lifeline
Assistance Program; and

���� (5)�� any other public
assistance programs administered by the department that the commissioner deems
appropriate.

���� d.��� If the commissioner,
based upon the results of the review conducted pursuant to subsection b. of
this section, determines that the State has the statutory or regulatory
authority to increase the income eligibility standards for a public assistance
program and, for any program funded in whole or in part by a federal block
grant, sufficient funding is available to increase the income eligibility
standards for the program, the commissioner shall increase the income
eligibility standards for each such program by an amount equal to the total
percentage increase in the State hourly minimum wage between January 1, 2019
and the effective date of this act, plus a cost of living adjustment in an
amount equal to the cost of living adjustment for federal Social Security
benefits for the calendar year in which the provisions of this act become
effective.

���� e.���� The commissioner shall
apply for such State plan amendments or federal waivers as may be necessary to
implement the provisions of this section and to continue to secure federal
financial participation for the Medicaid and NJ FamilyCare programs, the Work
First New Jersey/Temporary Assistance for Needy Families program, and the
subsidized child care assistance program.

���� f.���� As used in this
section:

���� �Department� means the
Department of Human Services.

���� �Lifeline Credit Program�
means the utility benefit program administered by the Department of Human
Services pursuant to P.L.1979, c.197 (C.48:2-29.15 et seq.).

���� �Medicaid� means the Medicaid
program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

���� �NJ FamilyCare� means the
program established pursuant to P.L.2005, c.156 (C.30:4J-8 et al.), which
includes the State�s Medicaid program and the Children�s Health Insurance
Program.

���� �PAAD� means the program of
pharmaceutical assistance to the aged and disabled established pursuant to
P.L.1975, c.194 (C.30:4D-20 et seq.).

���� �Senior Gold Prescription
Discount Program� means the program established pursuant to P.L.2011, c.96
(C.30:4D-43 et al.).

���� �Tenants� Lifeline Assistance
Program� means the utility benefit program for residential tenants established
pursuant to P.L.1981, c.210 (C.48:2-29.30 et seq.).

���� �Work First New Jersey� means
the program established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.) in
accordance with authorization received under Title IV of the federal
"Personal Responsibility and Work Opportunity Reconciliation Act of 1996,"
Pub.L.104-193 (8 U.S.C. s.1601 et seq.).� Work First New Jersey includes the
federal Temporary Assistance to Needy Families program and the State General
Assistance program.

���� 5.��� a.� The President of the
Board of Public Utilities shall have the authority, within the scope of this
section, to increase the income eligibility standards, in the manner provided
for by subsection d. of this section, for any utility assistance program for
which the president makes a determination pursuant to subsection b. of this
section.

���� b.��� The president shall
review all utility assistance programs under the board�s purview and determine
whether:

���� (1)�� the board has the
authority, pursuant to State and federal law, to increase the income
eligibility standards for each program; and

���� (2)�� a utility assistance
program, which is funded in whole or in part by a federal block grant, would
have sufficient funding under the block grant to provide benefits and services
for newly eligible beneficiaries subsequent to any increase in the program�s income
eligibility standards that may be authorized by the president pursuant to this
section.

���� c.���� The review conducted by
the president, pursuant to subsection b. of this section, shall include, at a
minimum, the following public assistance programs:

���� (1)�� payment assistance for
gas and electric service;

���� (2)�� the Winter Termination
Program; and

���� (3)�� any other utility
assistance programs administered by the board that the president deems
appropriate.

���� d.��� If the president, based
upon the results of the review conducted pursuant to subsection b. of this
section, determines that the State has the statutory or regulatory authority to
increase the income eligibility standards for a utility assistance program and,
for any program funded in whole or in part by federal funds, sufficient funding
is available to increase the income eligibility standards for the program, the
president shall increase the income eligibility standards for each such program
by an amount equal to the total percentage increase in the State hourly minimum
wage between January 1, 2019 and the effective date of this act, plus a cost of
living adjustment in an amount equal to the cost of living adjustment for
federal Social Security benefits for the calendar year in which the provisions
of this act become effective.�

���� e.���� As used in this
section:

���� �Board� means the Board of
Public Utilities.

���� �Payment assistance for gas
and electric services� means payments made for restoration of gas and electric
services and payments made to prevent the termination of gas and electric
services pursuant to subsection b. of R.S.46:30B-74.

���� �Winter Termination Program�
means the assistance program, established pursuant to section 4 of P.L.2021,
c.317 (C.40A:5A-29) and administered by the board, which requires a public
utility, as defined pursuant to R.S.48:2-13, to maintain or reconnect electric,
gas, water, or wastewater service for specific residential customers during
certain months.

���� 6.��� a.� The Commissioner of
Community Affairs and the Executive Director of the New Jersey Housing and
Mortgage Finance Agency shall each have the authority, within the scope of this
section, to increase the income eligibility standards, in the manner provided
for by subsection d. of this section, for any housing and utility assistance
programs for which the commissioner or executive director, respectively, make a
determination pursuant to subsection b. of this section.

���� b.��� The commissioner and
executive director shall review all housing and utility assistance programs
under the purview of their respective authorities, and determine whether:

���� (1)�� the department or
agency, as applicable, has the authority, pursuant to State and federal law, to
increase the income eligibility standards for each program; and

���� (2)�� a housing or utility
assistance program, which is funded in whole or in part by a federal block
grant, would have sufficient funding under the block grant to provide benefits
and services for newly eligible beneficiaries subsequent to any increase in the
program�s income eligibility standards that may be authorized by the
commissioner or executive director pursuant to this section.

���� c.���� The reviews conducted
by the commissioner and executive director, pursuant to subsection b. of this
section, shall include, at a minimum, the following programs:

���� (1)�� the State Rental
Assistance Program;

���� (2)�� the Universal Service
Fund; and

���� (3)�� any other assistance
programs administered by the department or the agency that the commissioner or
executive director, as applicable, deems appropriate.

���� d.��� If the commissioner or
executive director, based upon the results of the review conducted pursuant to
subsection b. of this section, determines that the State has the statutory or
regulatory authority to increase the income eligibility standards for a housing
or utility assistance program and, for any program funded in whole or in part
by federal funds, sufficient funding is available to increase the income
eligibility standards for the program, the commissioner or executive director,
as applicable, shall increase the income eligibility standards for each such
program by an amount equal to the total percentage increase in the State hourly
minimum wage between January 1, 2019 and the effective date of this act, plus a
cost of living adjustment in an amount equal to the cost of living adjustment
for federal Social Security benefits for the calendar year in which the
provisions of this act become effective.

���� e.���� The commissioner or
executive director, as applicable, shall apply for such federal waivers as may
be necessary to implement the provisions of this section and to continue to
secure federal financial participation for housing and utility assistance programs.

���� f.���� As used in this
section:

���� �Agency� means the New Jersey
Housing and Mortgage Finance Agency established under section 4 of P.L.1983,
c.530 (C.55:14K-4).

���� �Department� means the
Department of Community Affairs.

���� �State Rental Assistance
Program� means the rental assistance program for low-income individuals or
households established pursuant to P.L.2004, c.140 (C.52:27D-287.1 et al.).

���� �Universal Service Fund� means
the State program for low-income home energy assistance benefits established
pursuant to section 12 of P.L.1999, c.23 (C.48:3-60).

���� 7.��� The Commissioners of
Agriculture, Community Affairs, and Human Services, the Executive Directors of
the Higher Education Student Assistance Authority and the New Jersey Housing
and Mortgage Finance Agency, and the President of the Board of Public Utilities,
shall each adopt such rules and regulations, pursuant to the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to
implement the provisions of sections 2 through 6 of this act.

���� 8.��� There are appropriated
from the General Fund to each of the Departments of Agriculture, Community
Affairs, and Human Services, and to the Higher Education Student Assistance
Authority, the New Jersey Housing and Mortgage Finance Agency, and the Board of
Public Utilities, such sums as may be necessary to implement the provisions of
this act.

���� 9. This act shall take effect immediately,
except that sections 2 through 6 of this act shall take effect on the first day
of the fourth month next following the date of enactment, and the Commissioners
of Agriculture, Community Affairs, and Human Services, the Executive Directors
of the Higher Education Student Assistance Authority and the New Jersey Housing
and Mortgage Finance Agency, and the President of the Board of Public Utilities
may take such anticipatory administrative action in advance thereof as shall be
necessary for the implementation of this act.

STATEMENT

���� This bill requires certain
State departments, the Higher Education Student Assistance Authority (HESAA),
the New Jersey Housing and Mortgage Finance Agency (NJHMFA), and the Board of
Public Utilities (BPU) to determine whether the State has the authority, under
State and federal law, to increase the income eligibility standards for various
public assistance, school nutrition, and higher education student financial
assistance programs, and to raise the income eligibility standards for each
program for which such State authority exists.

���� The bill directs the Executive
Directors of the HESAA and the NJHMFA, the President of the BPU, and the
Commissioners of Agriculture, Community Affairs, and Human Services, to
consider, as part of this programmatic review, whether any assistance program,
funded in whole or in part by a federal block grant, will have sufficient
federal resources to support additional participants who become newly-eligible
subsequent to an increase in the program�s income eligibility standards.� Among
the programs that will be included in the review are: the Medicaid and NJ
FamilyCare programs, the State Rental Assistance Program, the federal School
Breakfast program, the tuition aid grant program, and the payment assistance
for gas and electric initiative.

���� If a department, the HESAA,
the NJHMFA, or the BPU determines that the State has the authority to raise
income eligibility standards for an assistance program and, for programs funded
by federal resources, sufficient funding is available to support additional
program participants, the department, the HESAA, the NJHMFA, or the BPU will
increase the program�s income eligibility standards by an amount equal to the
total percentage increase in the State minimum wage between January 1, 2019 and
the bill�s effective date, plus a cost of living adjustment in an amount equal
to the cost of living adjustment for federal Social Security benefits for the
calendar year in which the bill becomes effective.

���� The bill appropriates from the
General Fund to the HESAA, the NJHMFA, the BPU, and each of the Departments of
Agriculture, Community Affairs, and Human Services, such sums as are necessary
to implement the requirements under the bill.�

���� It is the sponsor�s intent to
ensure that the State�s minimum wage earners retain eligibility for important
public assistance and higher education student financial assistance programs
subsequent to the statutory increases in the State minimum wage.� Although
minimum wage earners are now compensated at a higher rate than in 2019, recent
inflationary pressures have made it increasingly difficult for

these workers to afford such
essentials as food, clothing, and rent.� The sponsor believes that the State
must raise the income eligibility standards for essential public assistance,
school nutrition, and higher education student financial assistance programs so
that hard-working minimum wage earners can provide for their families.