BILL ANALYSIS SB 812 Page 1 Date of Hearing: June 16, 2010 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Cameron Smyth, Chair SB 812 (Ashburn) - As Amended: June 10, 2010 SENATE VOTE : 36-0 SUBJECT : Developmental services: housing. SUMMARY : Requires cities and counties, as part of the housing element, to do an analysis of any special housing needs of individuals with developmental disabilities. Specifically, this bill : 1)Requires cities and counties to include the housing needs of individuals with developmental disabilities in their analysis as part of the housing element. 2)Utilizes the definition of "developmental disability" as defined in the Welfare and Institutions Code 4512 as "a disability that originates before an individual attains age 18 years, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term shall include mental retardation, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, but shall not include other handicapping conditions that are solely physical in nature." 3)Provides that, as of the next planning period commencing after January 1, 2011, a local government shall obtain, assess, and analyze appropriate information on the housing needs of individuals with a developmental disability, as defined, within the community. 4)Provides for reimbursement to local agencies and school districts if the Commission on State Mandates determines that this act contains costs mandated by the state. EXISTING LAW : SB 812 Page 2 1)Requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. 2)Provides that the housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. 3)Requires cities and counties, as part of the housing element, to complete an analysis of any special housing needs, such as those of the elderly, persons with disabilities, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter. 4)Provides that the housing element shall include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element. 5)Requires the program, in order to make adequate provision for the housing needs of all economic segments of the community, to include specified actions, including an inventory of sites, and requires the program to address specified goals. FISCAL EFFECT : According to the Senate Appropriations Committee, this bill will result in unknown, moderate costs to local governments. The Senate Appropriations Committee notes that these costs are unlikely to be reimbursable, based on recent decisions by the Commission on State Mandates that have denied local governments reimbursement for higher levels of service. COMMENTS : 1)SB 812 requires local governments to undertake a diligent effort to obtain, assess, and analyze appropriate information SB 812 Page 3 on the housing needs of individuals with developmental disabilities, as part of the development of the local government's housing element. The author notes that data and information regarding the development disability population is available through consultation with local regional centers, the Area Board on Development Disabilities, and other relevant stakeholders. The bill requires this new duty for local governments to begin upon the next update of the housing element beyond January 1, 2011. 2)According to the author, there is a critical lack of affordable housing in California for individuals with developmental disabilities, one of the most vulnerable and economically challenged groups of individuals in California. The majority of these individuals currently reside with their parents. The author references a recent white paper addressing the housing needs of people with developmental disabilities written by the Association of Regional Center Agencies, which concluded that presently more than 31,000 consumers need "safe, decent, affordable housing that will keep families together and people out of institutions." The author argues that in order to prepare for the housing needs of tens of thousands of independent young adults with developmental disabilities who are transitioning into the community, California will need to accurately assess and understand the needs of this population. 3)Support Arguments : Housing California, in support, writes that "currently state and local governments make policy decisions related to zoning and housing investment without reliable data on the diverse housing needs of Californians and how current resources match those needs" and notes that this bill is a solid first step addressing California's diverse population. Also, the provisions of the bill will help address goals of spurring the housing market to produce the full variety and number of homes needed by California's diverse population. Opposition Arguments : The League of California Cities writes that SB 812 imposes a new mandate on cities when they can least afford it. The League notes that city planning departments, in particular, have been affected by staff SB 812 Page 4 reductions and as a result, local agencies do not have the resources to implement new planning mandates at this time. Additionally, the League anticipates that the higher level of service required by this bill will not constitute a reimbursable mandate because cities could potentially charge fees to cover the costs of implementation. This bill could establish a precedent for other groups with special housing needs to propose specific consideration without evidence that their needs for housing differ significantly from other special-needs populations. 4)SB 1330 (Committee on Judiciary) and AB 2762 (Committee on Housing and Community Development) also amend the same code section as SB 812. These bills will need to be amended to avoid chaptering out issues. 5)This bill is double-referred to the Committee on Housing and Community Development. REGISTERED SUPPORT / OPPOSITION : Support Alliance of CA Autism Organizations Association of Regional Center Agencies Cedars of Marin Developmental Disabilities Area Board 10 Housing California Kern Autism Regional Taskforce Kern Autism Network-Autism Society Chapter in Bakersfield West Bay Housing Corp Woven Shade Opposition League of CA Cities Analysis Prepared by : Debbie Michel / L. GOV. / (916) 319-3958