BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
812 (Ashburn)
Hearing Date: 01/21/2010 Amended: 01/13/2010
Consultant: Mark McKenzie Policy Vote: T&H 10-0
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BILL SUMMARY: SB 812 would require the housing element to
include an analysis of the special housing needs of persons with
developmental disabilities.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Mandate Unknown, moderate costs to local Local/
governments. Unlikely to be
reimbursable. General
----------see staff
comments----------
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STAFF COMMENTS: SUSPENSE FILE.
The Planning and Zoning Law requires cities and counties to
prepare and adopt a general plan, including a housing element to
guide the future growth of a community. Following a staggered
schedule, cities and counties located in more urban areas revise
their housing elements every eight years, while rural local
governments are on a five year schedule. A housing element must
identify and analyze existing and projected housing needs,
identify adequate sites with appropriate zoning to meet its fair
share of the regional housing need, and ensure that regulatory
systems provide opportunities for, and do not unduly constrain,
housing development. The housing needs assessment portion of
the housing element must include an analysis of any special
housing needs of the following specified groups: the elderly,
persons with disabilities, large families, farmworkers, families
with female heads of households, and families and persons in
need of emergency shelter. Existing law also requires cities
and counties to make a diligent effort to achieve public
participation of all economic segments of the community in the
housing element development process. HCD reviews both draft and
adopted housing elements to determine whether or not they are in
substantial compliance with the law.
DDS currently provides community-based services to approximately
243,000 persons with developmental disabilities and their
families through a statewide system of 21 regional centers, four
developmental centers, and two community-based facilities.
Autism Spectrum Disorders (ASD) are the fastest growing
developmental disability in California, and within the next
decade the state is projected to face a massive influx of
persons with ASD who want to live independently. Currently,
approximately 6,000 adults with a diagnosis of ASD receive
services from DDS. In the next five years, more than 4,000
teenagers diagnosed with ASD will reach adulthood. By 2018, the
number of adults with an ASD diagnosis who are receiving
services from DDS is expected to grow to 19,000. This bill is
intended to identify some of the particular needs of persons
with developmental disabilities, using data that is available
from regional centers and other facilities, so that local
governments can ensure the provision of adequate and appropriate
housing for this population, including persons living with ASD.
Page 2
SB 812 (Ashburn)
SB 812 would require cities and counties to make a diligent
effort to obtain, assess, and analyze appropriate information on
the special housing needs of persons with developmental
disabilities, and include the analysis of this information
within the housing needs assessment portion of the housing
element.
Legislative Counsel has keyed SB 812 as a state-mandated local
program by requiring additional information to be included in
the housing element. Recent decisions by the Commission on
State Mandates (COSM), however, indicate that local governments
may not succeed in filing a test claim for reimbursement for the
higher level of service imposed by this bill. In 2005, the COSM
reversed previous decisions that had provided for reimbursement
to local governments and councils of government (COGs) for the
"Regional Housing Needs Determination" mandate (Statutes of
1980, Chapter 1143), related to housing element requirements.
On reconsideration of the previous decisions, the COSM
determined, in light of statutes enacted and court decisions
rendered since 1980, that previously approved test claims are
not reimbursable because cities, counties, and COGs have fee
authority for this program, citing Government Code Sections
65104, which authorizes local entities to establish fees to
support the work of the planning agency, and 65584.1, which
allows a city or county to charge a fee to recover costs
incurred by a COG in distributing regional housing needs. In
light of these decisions, staff notes that the COSM would
probably not approve a claim for reimbursement related to SB 812
because local entities have the authority to charge fees for
planning costs, including costs associated with housing element
requirements. If a successful claim were filed, however, costs
would likely be relatively minor for each agency to comply with
the requirements of this bill.