wa-26-18-066: Social and Health Services, Department of — WSR 26-18-066

WSR 26-18-066 (26-18)WSR 26-18-066PROPOSED RULESDEPARTMENT OFSOCIAL AND HEALTH SERVICES(Economic Services Administration)[Filed August 31, 2026, 3:52 p.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-12-025.Title of Rule and Other Identifying Information: The department of social and health services (DSHS) is proposing amendments to WAC 388-487-0010 What is the sun bucks program?, 388-487-0020 Is my child eligible for sun bucks?, and 388-487-0030 General information about sun bucks benefits.Hearing Location(s): On October 6, 2026, at 10:00 a.m., virtually via Teams or call in. See the DSHS website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information. Date of Intended Adoption: Not earlier than October 7, 2026.Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning September 2, 2026, at noon, by October 6, 2026, at 5:00 p.m.Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, TTY 711 relay service, email Tenczsa@dshs.wa.gov, by September 22, 2026, at 5:00 p.m.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These amendments support continued implementation of the summer electronic benefits transfer program, also known as sun bucks, for the 2026 summer operational period. The amendments are in accordance with a recent federally approved state plan.Related emergency amendments are currently in effect under WSR 26-12-024.Reasons Supporting Proposal: See above.Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, and 74.08A.120.Statute Being Implemented: Consolidated Appropriations Act, 2023 (H.R. 2617).Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: DSHS, governmental.Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Troy Burgess, P.O. Box 45470, Olympia, WA 98504-5470, 360-584-5162.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. These rules are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this section does not apply to rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents.["]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: Consolidated Appropriations Act, 2023 (H.R. 2617). Updates to program terms/definitions and eligibility criteria align with Washington's approved state plan and reflect federal changes to the sun bucks program for the 2026 summer operational period. Failure to comply would misalign program rules with federal policy guidance, and subject the program to potential audit findings.Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.Is exempt under RCW 19.85.025(4).Is exempt under RCW 34.05.328 (5)(b)(vii).Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS customers.Scope of exemption for rule proposal:Is fully exempt.August 25, 2026Katherine I. VasquezRules CoordinatorSHS-5139.3AMENDATORY SECTION(Amending WSR 26-01-114, filed 12/16/25, effective 1/16/26)WAC 388-487-0010What is the sun bucks program?The sun bucks program is the summer electronic benefits transfer (EBT) program that provides a one-time food benefit to eligible children during designated summer periods following an academic school year. Sun bucks is administered by the department of social and health services and is not bound by the same state or federal rules, regulations, or procedures governing basic food as described in WAC 388-400-0040. The administration of sun bucks requires an annual USDA FNA approved state plan.The following definitions apply to this program:(1) "Authorized non-household" member means a non-household member person selected by the household to complete a sun bucks application.(2) "Categorically eligible" means a school age child, as defined in this section, who automatically qualifies for sun bucks because they are:(a) A member of a household receiving the supplemental nutrition assistance program (SNAP) or temporary assistance for needy families (TANF); or(b) A foster child, homeless child, migrant child, head start child, or runaway child; as defined in the Richard B. Russell national school lunch act for free or reduced-price school meals.(((2)))(3) "CEP or provision 2 school" means a community eligibility provision or provision 2 school that provides free or reduced-price school meals to all children regardless of meeting income eligibility guidelines.(((3)))(4) "CNEEB" means a child nutrition eligibility and education benefit application for free and reduced-price school meals, including sun bucks, submitted by a household for a child or children enrolled at a school that participates in the national school lunch program (NSLP)((NSLP))/((SBP))school breakfast program (SBP).(((4)))(5) "Department" means the department of social and health services.(((5)))(6) "Direct certification" means automatic eligibility for free or reduced-price school meals based on documentation provided by the department that a child is categorically eligible as defined in this section.(((6)))(7) "Direct verification" means the process of verifying household income or categorical eligibility by matching against data sources or other records without the need to contact the household for documentation.(((7)))(8) "Dual participation" means a child simultaneously receiving sun bucks benefits from more than one state or simultaneously receiving multiple allotments from the same state.(((8)))(9) "Expungement" means removal of unused benefits after 122 days from the date sun bucks benefits were deposited into the summer EBT account.(((9)))(10) "Free or reduced-price meals" means school meals provided to students qualified as eligible by the Richard B. Russell national school lunch act.(((10)))(11) "Household" means a group of related or nonrelated individuals, who are not residents of an institution or boarding house, but who are living as one economic unit as defined in the US department of agriculture food and nutrition ((service))administration eligibility manual for school meals.(((11)))(12) "Income eligibility guidelines" means income limits to determine eligibility for free and reduced-price school meals adjusted annually by the US department of agriculture food and nutrition ((service))administration as required by the Richard B. Russell national school lunch act.(((12)))(13) "Instructional year" means the period from July 1 of the prior year through one day prior to the summer operational period.(((13)))(14) "NSLP/SBP" means the national school lunch program established under the Richard B. Russell national school lunch act and the school breakfast program established under the child nutrition act.(((14)))(15) "Period of eligibility" means the ((period))duration of time from the first day of the instructional year immediately preceding the summer operational period, through the last day of the summer operational period.(((15)))(16) "School-aged" means the age children are required to attend school as defined by ((state law))RCW 28A.225.010; in Washington state this is age eight ((to 18))through 17 years old.(((16)))(17) "Streamline certified" means automatically enrolling an eligible child for sun bucks without need for further application or confirmation of school enrollment.(((17)))(18) "Summer operational period" means the period between the end of the current school year and the start of the next school year, as determined by the state. (((18)))(19) "Sun bucks application" means an application available to households with potentially eligible children who do not automatically meet streamline certification criteria.(((19)))(20) "Sun bucks card" means the unique summer EBT card that accesses sun bucks food benefits issued to individual eligible children.(21) "USDA FNA" means the United States department of agriculture food and nutrition administration.(((20)))(22) "Verification" means the confirmation of eligibility for a sun bucks application. Verification includes the confirmation of income eligibility and other information as requested by the department. AMENDATORY SECTION(Amending WSR 26-01-114, filed 12/16/25, effective 1/16/26)WAC 388-487-0020Is my child eligible for sun bucks?(1) To be streamline certified for sun bucks benefits, a child must be:(a) School-aged and categorically eligible; or(b) Enrolled in a school, regardless of the child's age, that participates in the NSLP/SBP; and(i) Attends a school that does not operate the CEP or provision 2 program and determined by the school to be individually eligible for free or reduced-price school meals; or(ii) Attends a school that operates the CEP or provision 2 program and eligible for free or reduced-price school meals using direct certification.(2) For children who are not streamline certified, an adult household member, or authorized non-household member at least 18 years of age or older, must submit either a sun bucks application to the department or a CNEEB application to the child's school during the period of eligibility and the child must be:(a) Enrolled at a school that participates in the NSLP/SBP; and(b) A member of a household that meets income eligibility guidelines for free or reduced-price school meals.(i) Income eligibility guidelines change annually on July 1.(ii) The income eligibility guidelines in effect on the date of application are used to determine eligibility.(3) Applications received after the end of the summer operational period will be considered for sun bucks in the following year.(4) Applications for sun bucks will be selected at random for additional verification prior to approval.(a) The department will attempt direct verification prior to contacting a household.(b) If direct verification cannot be obtained, households will be notified in writing and required to provide the requested verification within 30 days from the date of request.(c) Verification must indicate eligibility for sun bucks at any time during the period of eligibility.(d) Failure to provide requested verification will result in a denial of a household's sun bucks application. If denied, households will be notified in writing and may reapply during the period of eligibility.(e) An application will be denied if submitted verification confirms that the household exceeds the income limits for its household size under the NSLP/SBP income guidelines during the period of eligibility.(5) If information on an application is questionable, verification may be requested and must be provided within 30 days of the date of application.(6) Children approved for sun bucks receive a notice of approval describing their eligibility and other information related to the program.(7) A child cannot receive sun bucks by application if they are already streamline certified.AMENDATORY SECTION(Amending WSR 26-01-114, filed 12/16/25, effective 1/16/26)WAC 388-487-0030General information about sun bucks benefits.(1) The amount of sun bucks each eligible child will receive is $120 for ((the summer of 2025))each summer operational period and may be adjusted annually for inflation.(2) Sun bucks benefits are deposited into an account accessible with a designated sun bucks card. Each sun bucks card is:(a) Linked to a sun bucks account for each eligible child; and(b) Mailed to the last known primary address as reported by the parent or caregiver to one of the following:(i) The department, if:(A) The child was streamlined certified through SNAP or TANF; or(B) The parent or caregiver reported address changes to the sun bucks call center.(ii) The child's school, if the child was streamlined((streamline)) certified ((via))through individual eligibility ((for free or reduced-price meals)) at an ((NSLP/SBP))NSLP or SBP participating school; or(((ii) The department if streamline certified via categorical eligibility; or))(iii) ((The address reported by a parent or caregiver via a sun bucks application,))Applying by a sun bucks application or CNEEB((, or an address update to the department)).(c) It is the parent's or caregiver's responsibility to accurately and timely report any address changes to the child's school and to the department. The department or school is not responsible for the expungement of benefits due to unreceived sun bucks notices or cards sent through the mail.(3) To use a sun bucks account:(a) The sun bucks EBT card can be responsibly used by the eligible child or responsible household member, such as a parent or caregiver on behalf of the eligible child, to purchase eligible food items.(b) A personal identification number (PIN) must be created to use the sun bucks card. Families are responsible for keeping the sun bucks card and PIN of an eligible child in a safe and secure place. (c) Sun bucks benefits are only accessed from the sun bucks card and cannot be transferred to a bank account or issued as a check.(4) The purpose of sun bucks benefits is to help low-income families have a more nutritious diet by providing food benefits to eligible children during the summer months between academic school years.(a) Any remaining sun bucks benefits not used within 122 days from the date of deposit into each eligible child's account are expunged.(b) Sun bucks benefits cannot be replaced if they are expunged, lost, or stolen due to fraudulent activity or use.(c) Sun bucks benefits may be used to buy eligible food items under WAC 388-412-0046 (2)(c) for an eligible child from a food retailer authorized to accept supplemental nutrition assistance program benefits by USDA FNA.(d) Intentional misuse of sun bucks benefits may be subject to fines or legal action including criminal prosecution.(5) Households must request a hearing within 90 days of the end of the summer operational period when disagreeing with a decision made by the department.(6) The department will restore lost benefits if the loss was caused by an administrative error, no more than 12 months prior to either:(i) The date the department receives a request for restoration from the household; or(ii) The date the department is notified or discovers the loss.(7) Households may be subject to overpayments if dual participation is identified.(8) Continuance of the program is contingent upon annual approval of federal and state funds specifically for the sun bucks program. The department may discontinue the program when funding is no longer available.