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
          BILL SUMMARY:   SB 812 would require the housing element to  
          include an analysis of the special housing needs of persons with  
          developmental disabilities.  
                            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  

          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  

          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.