November 12, 2026 - By Emma Conover, Kevin Moore - On November 10, the U.S. Department of Agriculture (USDA) released two new Notices of Proposed Rulemaking (NPRMs), which would make sweeping changes to the Supplemental Nutrition Assistance Program (SNAP) Broad Based Categorical Eligibility (BBCE) and work requirements for Able Bodied Adults Without Dependents (ABAWDs). Comments for both rules are due on December 10, and counties are encouraged to comment on the potential impacts of these rules, particularly how they may compound with other changes under H.R. 1. 

Supplemental Nutrition Assistance Program: Reforming Categorical Eligibility

What is broad based categorical eligibility? 

BBCE is a practice that allows states to raise the SNAP income limit above 130 percent of the federal poverty line, or limit the asset test for individuals that qualify for another federal assistance program, like the Temporary Assistance for Needy Families (TANF) program.  Currently, 46 states, including all ten county-administered SNAP states, use broad based categorical eligibility. BBCE has benefits for county governments, including: 

• Decreasing administrative burden for county workers by streamlining the eligibility verification process for households that receive TANF. Without additional federal resources, this increase in workload is an unfunded mandate on local governments.
• Minimizing the benefit cliff, the boundary line at which point individuals or families lose benefits given their rise in income. As residents fall off federal assistance programs, residents increase reliance on local agencies and services.

What would the rule do? 

If enacted, the proposed rule would limit states’ ability to use BBCE, except in cases where every member of the household is receiving cash assistance through TANF. This would terminate SNAP benefits for households above 130 percent of the federal policy line and add additional asset tests and eligibility verifications to county workloads. Counties are already facing major changes to SNAP administration from changes in H.R. 1, increasing workloads and administrative costs. Counties are encouraged to assess how changes to BBCE would impact workloads and residents and consider commenting on the proposed rule.  

Modification to Work Requirements for Able-Bodied Adults

USDA has released a second rule proposing regulations on SNAP time limits for ABAWDs, also known as work requirements.  The rule focuses on the area unemployment waiver, a condition where areas with an unemployment rate above 10 percent can receive a waiver on ABAWD work requirements. The rule proposes the following:

• Area changes: Under the rule, states would not be able to combine two contiguous counties to qualify for the unemployment waiver, limiting the area to a county or commuting zone.
• Data time: The NPRM goes beyond the statute to rely on 12 months of unemployment data for an area, instead of 3 months.
• Time frame: States would not have the option to apply for the waiver for more than one year. 
• Secretary discretion: The rule clarifies that the Secretary has discretion to deny waiver requests even when economic conditions have been met. 

Counties are encouraged to assess unemployment rates, current county grouping practices, and how unemployment time frame changes would impact potential waivers and county services.