BILL NUMBER: AB 123	CHAPTERED
	BILL TEXT

	CHAPTER  82
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JUNE 29, 2009
	PASSED THE ASSEMBLY  APRIL 16, 2009
	AMENDED IN ASSEMBLY  MARCH 16, 2009

INTRODUCED BY   Assembly Member Portantino
   (Coauthors: Assembly Members Adams, Beall, Brownley, Evans, Fong,
and Smyth)
   (Coauthors: Senators DeSaulnier and Leno)

                        JANUARY 15, 2009

   An act to amend Sections 1505, 1568.03, and 1569.145 of the Health
and Safety Code, relating to community care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 123, Portantino.  Housing for elderly or disabled persons.
   Existing law establishes the State Department of Social Services
and sets forth its powers and duties, including, but not limited to,
administration over the California Community Care Facilities Act,
which, with certain exceptions, requires community care facilities,
as defined, to meet prescribed licensing standards.
   Existing law exempts housing for elderly or disabled persons that
are approved and operated pursuant to prescribed provisions of
federal law from licensing requirements applicable to community care
facilities, residential care facilities for persons with
life-threatening illness, and residential care facilities for the
elderly.
   This bill would, instead, exempt housing occupied by elderly or
disabled persons under a regulatory agreement pursuant to these
provisions of federal law, and would also exempt housing that
qualifies for a low-income housing credit under provisions of the
federal Tax Reform Act of 1986 or is subject to the requirements for
dwellings for low-income families pursuant to the federal Housing and
Community Development Act of 1974, and that is occupied by elderly
or disabled persons, or both.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1505 of the Health and Safety Code is amended
to read:
   1505.  This chapter does not apply to any of the following:
   (a) Any health facility, as defined by Section 1250.
   (b) Any clinic, as defined by Section 1202.
   (c) Any juvenile placement facility approved by the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, or any
juvenile hall operated by a county.
   (d) Any place in which a juvenile is judicially placed pursuant to
subdivision (a) of Section 727 of the Welfare and Institutions Code.

   (e) Any child day care facility, as defined in Section 1596.750.
   (f) Any facility conducted by and for the adherents of any
well-recognized church or religious denomination for the purpose of
providing facilities for the care or treatment of the sick who depend
upon prayer or spiritual means for healing in the practice of the
religion of the church or denomination.
   (g) Any school dormitory or similar facility determined by the
department.
   (h) Any house, institution, hotel, homeless shelter, or other
similar place that supplies board and room only, or room only, or
board only, provided that no resident thereof requires any element of
care as determined by the director.
   (i) Recovery houses or other similar facilities providing group
living arrangements for persons recovering from alcoholism or drug
addiction where the facility provides no care or supervision.
   (j) Any alcoholism or drug abuse recovery or treatment facility as
defined by Section 11834.11.
   (k) Any arrangement for the receiving and care of persons by a
relative or any arrangement for the receiving and care of persons
from only one family by a close friend of the parent, guardian, or
conservator, if the arrangement is not for financial profit and
occurs only occasionally and irregularly, as defined by regulations
of the department. For purposes of this chapter, arrangements for the
receiving and care of persons by a relative shall include relatives
of the child for the purpose of keeping sibling groups together.
   (l) (1) Any home of a relative caregiver of children who are
placed by a juvenile court, supervised by the county welfare or
probation department, and the placement of whom is approved according
to subdivision (d) of Section 309 of the Welfare and Institutions
Code.
   (2) Any home of a nonrelative extended family member, as described
in Section 362.7 of the Welfare and Institutions Code, providing
care to children who are placed by a juvenile court, supervised by
the county welfare or probation department, and the placement of whom
is approved according to subdivision (d) of Section 309 of the
Welfare and Institutions Code.
   (m) Any supported living arrangement for individuals with
developmental disabilities, as defined in Section 4689 of the Welfare
and Institutions Code.
   (n) (1) Any family home agency, family home, or family teaching
home as defined in Section 4689.1 of the Welfare and Institutions
Code, that is vendored by the State Department of Developmental
Services and that does any of the following:
   (A) As a family home approved by a family home agency, provides
24-hour care for one or two adults with developmental disabilities in
the residence of the family home provider or providers and the
family home provider or providers' family, and the provider is not
licensed by the State Department of Social Services or the State
Department of Public Health or certified by a licensee of the State
Department of Social Services or the State Department of Public
Health.
   (B) As a family teaching home approved by a family home agency,
provides 24-hour care for a maximum of three adults with
developmental disabilities in independent residences, whether
contiguous or attached, and the provider is not licensed by the State
Department of Social Services or the State Department of Public
Health or certified by a licensee of the State Department of Social
Services or the State Department of Public Health.
   (C) As a family home agency, engages in recruiting, approving, and
providing support to family homes.
   (2) No part of this subdivision shall be construed as establishing
by implication either a family home agency or family home licensing
category.
   (o) Any facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (Chapter 21 (commencing
with Section 1901) of Title 25 of the United States Code) are placed
and that is one of the following:
   (1) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
   (2) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
   (p) (1) (A) Any housing occupied by elderly or disabled persons,
or both, that is initially approved and operated under a regulatory
agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C.
Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec.
8013), or whose mortgage is insured pursuant to Section 236 of Public
Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage
assistance pursuant to Section 221d (3) of Public Law 87-70 (12
U.S.C. Sec. 1715  l  ), where supportive services are made
available to residents at their option, as long as the project owner
or operator does not contract for or provide the supportive services.

   (B) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or
that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383 (42
U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.
    (2) The project owner or operator to which paragraph (1) applies
may coordinate, or help residents gain access to, the supportive
services, either directly, or through a service coordinator.
   (q) Any similar facility determined by the director.
  SEC. 2.  Section 1568.03 of the Health and Safety Code is amended
to read:
   1568.03.  (a) No person, firm, partnership, association, or
corporation within the state and no state or local public agency
shall operate, establish, manage, conduct, or maintain a residential
care facility in this state without first obtaining and maintaining a
valid license therefor, as provided in this chapter.
   (b) A facility may accept or retain residents requiring varying
levels of care. However, a facility shall not accept or retain
residents who require a higher level of care than the facility is
authorized to provide. Persons who require 24-hour skilled nursing
intervention shall not be appropriate for a residential care
facility.
   (c) This chapter shall not apply to the following:
   (1) Any health facility, as defined in Section 1250.
   (2) Any clinic, as defined in Section 1200.
   (3) Any arrangement for the receiving and care of persons with
chronic, life-threatening illness by a relative, guardian or
conservator, significant other, or close friend; or any arrangement
for the receiving and care of persons with chronic, life-threatening
illness from only one family as respite for the relative, guardian or
conservator, significant other, or close friend, if the arrangement
is not for financial profit and occurs only occasionally and
irregularly, as defined by regulations of the department.
   (4) (A) Any house, institution, hotel, foster home, shared housing
project, or other similar facility that is limited to providing any
of the following: housing, meals, transportation, housekeeping,
recreational and social activities, the enforcement of house rules,
counseling on activities of daily living, and service referrals, as
long as both of the following conditions are met:
   (i) After any referral, all residents thereof independently obtain
care and supervision and medical services without the assistance of
the facility or of any person or entity with an organizational or
financial connection with that facility.
   (ii) No resident thereof has an unmet need for care and
supervision or protective supervision. A memorandum of understanding
between the facility and any service agency to which it refers
residents does not necessarily itself constitute an agreement for
care and supervision of the resident.
   (B) In determining the applicability of this paragraph, the
department shall determine the residents' need for care and
supervision, if any, and shall identify the persons or entities
providing or assisting in the provision of care and supervision. This
paragraph shall apply only if the department determines that the
care and supervision needs of all residents are being independently
met.
   (5) (A) (i) Any housing occupied by elderly or disabled persons,
or both, that is approved and operated pursuant to Section 202 of
Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public
Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured
pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z),
or that receives mortgage assistance pursuant to Section 221d (3) of
Public Law 87-70 (12 U.S.C. Sec. 1751  l  ), where
supportive services are made available to residents at their option,
as long as the project owner or operator does not contract for or
provide the supportive services.
   (ii) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or
that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383 (42
U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.
    (B) The project owner or operator to which subparagraph (A)
applies may coordinate, or help residents gain access to, the
supportive services, either directly, or through a service
coordinator.
   (7) Any similar facility determined by the director.
   (d) A holder of a residential care facility license may hold or
obtain an additional license or a child day care facility license, as
long as the services required by each license are provided at
separate locations or distinctly separate sections of the building.
   (e) The director may bring an action to enjoin the violation or
threatened violation of this section in the superior court in and for
the county in which the violation occurred or is about to occur. Any
proceeding under this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the director shall not be
required to allege facts necessary to show or tending to show lack of
adequate remedy at law or irreparable damage or loss. The court
shall, if it finds the allegations to be true, issue its order
enjoining continuance of the violation.
  SEC. 3.  Section 1569.145 of the Health and Safety Code is amended
to read:
   1569.145.  This chapter shall not apply to any of the following:
   (a) A health facility, as defined by Section 1250.
   (b) A clinic, as defined by Section 1200.
   (c) A facility conducted by and for the adherents of a
well-recognized church or religious denomination for the purpose of
providing facilities for the care or treatment of the sick who depend
upon prayer or spiritual means for healing in the practice of the
religion of that church or denomination.
   (d) A house, institution, hotel, congregate housing project for
the elderly, or other similar place that is limited to providing one
or more of the following: housing, meals, transportation,
housekeeping, or recreational and social activities; or that have
residents independently accessing supportive services, provided,
however, that no resident thereof requires an element of care and
supervision or protective supervision as determined by the director.
This subdivision shall not include a home or residence that is
described in subdivision (f).
   (e) Recovery houses or other similar facilities providing group
living arrangements for persons recovering from alcoholism or drug
addiction where the facility provides no care or supervision.
   (f) (1) An arrangement for the care and supervision of a person or
persons by a family member.
   (2) An arrangement for the care and supervision of a person or
persons from only one family by a close friend, whose friendship
preexisted the contact between the provider and the recipient, and
both of the following are met:
   (A) The care and supervision is provided in a home or residence
chosen by the recipient.
   (B) The arrangement is not of a business nature and occurs only as
long as the needs of the recipient for care and supervision are
adequately met.
   (g) (1) (A) Any housing occupied by elderly or disabled persons,
or both, that is approved and operated pursuant to Section 202 of
Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public
Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured
pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z),
or that receives mortgage assistance pursuant to Section 221d(3) of
Public Law 87-70 (12 U.S.C. Sec. 1715  l  ), where
supportive services are made available to residents at their option,
as long as the project owner or operator does not contract for or
provide the supportive services.
   (B) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or
that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383 (42
U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.
   (2) The project owner or operator to which paragraph (1) applies
may coordinate, or help residents gain access to, the supportive
services, either directly, or through a service coordinator.
   (h) A similar facility determined by the director.
   (i) For purposes of this section, "family member" means a spouse,
by marriage or otherwise, child or stepchild, by natural birth or by
adoption, parent, brother, sister, half brother, half sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, first cousin, or a person denoted by the prefix "grand" or
"great," or the spouse of one of these persons.
   (j) A person shall not be exempted from this chapter's licensure
requirements if he or she has been appointed as conservator of the
person, estate of the person, or both, if the person is receiving
care and supervision from the conservator as regulated by this
chapter, unless the conservator is otherwise exempted under other
provisions of this section.