BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 812
                                                                  Page  1

          Date of Hearing:  June 16, 2010

                                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  :


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          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  

          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  

           COMMENTS  :   

          1)SB 812 requires local governments to undertake a diligent  
            effort to obtain, assess, and analyze appropriate information  


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            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  


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            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.


          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
          League of CA Cities

           Analysis Prepared by  :    Debbie Michel / L. GOV. / (916)