BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 123
                                                                  Page  1

          Date of Hearing:   April 1, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                  AB 123 (Portantino) - As Amended:  March 16, 2009 

          Policy Committee:                              Human  
          ServicesVote:7 - 0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill expands the types of affordable housing for elderly or  
          disabled persons that are exempt from licensure by the  
          Department of Social Services (DSS), under the California  
          Community Care Facilities Act.

           FISCAL EFFECT  


          Minor savings to the state from reduced regulatory costs.


           COMMENTS  


           1)Purpose  . This bill allows residents in certain types of  
            affordable housing to remain in their residences and have  
            access to community-based supportive services that might keep  
            them from having to move into an assisted living environment  
            or skilled nursing facility. 


            Under current law, four federally subsidized housing programs  
            for the elderly and disabled are exempt from the licensure  
            requirements for residential community care facilities  
            (RCFEs).  This legislation adds two additional federally  
            subsidized low-income housing programs to that list.   
            Specifically, the Low Income Housing Tax Credit, under U.S.C.  
            Section 42, and Section 8 subsidized housing, under U.S.C.  
            Section 1437f, will now be exempt from state RCFE licensing  
            requirements. 








                                                                  AB 123
                                                                  Page  2



           2)Related Legislation  . In 2007, AB 1526 (Lieber) was  
            substantially similar to this bill.   That legislation was  
            amended to deal with an unrelated subject. 


            AB 2686 (Mazzoni; Chapter 945, Statutes of 1998) exempted four  
            specified federal subsidized  housing programs from licensure  
            requirements imposed on community care facilities by DSS.  AB  
            123 adds two additional types of subsidized housing to the  
            list of exempt facilities. 



           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081