BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 812
                                                                  Page  1

          Date of Hearing:   June 30, 2010

                                 Norma Torres, Chair
                    SB 812 (Ashburn) - As Amended:  June 28, 2010

           SENATE VOTE  :   36-0
          SUBJECT  :   Developmental services:  housing.

           SUMMARY  :   Requires cities and counties to include an analysis  
          of the housing needs of the developmentally disabled in the  
          analysis of special housing needs in their housing elements.   
          Specifically,  this bill  :

          1)Requires cities and counties to include an analysis of the  
            housing needs of the developmentally disabled in the analysis  
            of special housing needs in their housing elements.

          2)Utilizes the definition of "developmental disability" from the  
            Welfare and Institutions Code: "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 for reimbursement to local agencies if the Commission  
            on State Mandates determines that the bill contains costs  
            mandated by the state.

           EXISTING LAW  

          1)Requires every city and county to prepare and adopt a general  
            plan containing seven mandatory elements, including a housing  
            element (Government Code Sections 65300 and 65302).

          2)Requires cities and counties, in their housing elements, to  
            identify and analyze existing and projected housing needs,  


                                                                  SB 812
                                                                  Page  2

            identify adequate sites with appropriate zoning to meet the  
            housing needs of all income segments of the community, and  
            ensure that regulatory systems provide opportunities for, and  
            do not unduly constrain, housing development (Government Code  
            Section 65583).

          3)Requires the housing element to include 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 (Government Code Section 65583).

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   
          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 in California.  The majority of these  
          individuals currently reside with their parents.  The author  
          references a 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 developmentally disabled adults "need safe, decent,  
          affordable housing that will keep families together and people  
          out of institutions."  The author further states that California  
          will face a massive influx of individuals with special needs who  
          will be transitioning into independent community placement  
          within the next decade, and argues that in order to prepare  
          communities need to accurately assess and understand the needs  
          of this population.  

          SB 812 requires local governments to include in the analysis of  
          special housing needs within the housing element an analysis of  
          the needs of the developmentally disabled.  Current law already  
          requires local governments to analyze the housing needs of  
          individuals with disabilities, but the author contends that the  
          needs of the developmentally disabled are not adequately being  
          assessed or documented in this analysis.  The author notes that  
          data and information regarding the developmentally disabled  
          population is available to local governments through  
          consultation with local regional centers, the Area Board on  
          Development Disabilities, and other stakeholders.

          Although this bill provides for reimbursement to local agencies  


                                                                  SB 812
                                                                  Page  3

          if the Commission on State Mandates (CSM) determines that the  
          bill contains state-mandated costs, CSM likely would 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.

           Double referred  :  The Assembly Committee on Rules referred SB  
          812 to the Committees on Local Government and Housing and  
          Community Development.  The bill passed the Assembly Committee  
          on Local Government on June 16, 2010, by a vote of 9-0.


           Alliance of California Autism Organizations
          The Arc of San Francisco
          California Housing Foundation
          The Cedars of Marin
          Developmental Disabilities Area Board 10
          Educate.  Advocate.
          Housing California
          Housing Consortium of the East Bay
          West Bay Housing Corporation
          Woven Shade, Inc.
          Individual letters (3)

           League of California Cities

           Analysis Prepared by  :    Anya Lawler / H. & C.D. / (916)