BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 812
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                                Felipe Fuentes, Chair

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

          Policy Committee:                             Local  
                       Housing and Community Development      8-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes


          This bill requires that the special housing needs analyses  
          currently conducted by cities and counties include specific  
          analysis of the needs of the developmentally disabled.
          FISCAL EFFECT  

          1)Unknown, probably moderate costs to local governments to  
            expand analyses in their housing elements to cover housing  
            needs of developmentally disabled individuals. Added costs are  
            likely to be modest for individual agencies to the extent they  
            can rely on information from the Department of Developmental  
            Services regional centers and other facilities for their  

          2)Although this bill provides for reimbursement to local  
            agencies if the Commission on State Mandates (CSM) determines  
            the bill contains state-mandated costs, CSM likely would not  
            approve a claim for reimbursement because local entities have  
            the authority to charge fees for planning costs, including  
            costs associated with housing element requirements.


           1)Background  . Existing law requires that each city and county  
            adopt a general plan for its jurisdiction that contains  
            certain mandatory elements, including a housing element. The  
            housing element consists of an identification and analysis of  
            existing and projected housing needs of the community, and a  
            statement of goals, policies, quantified objectives, financial  


                                                                  SB 812
                                                                  Page  2

            resources, and scheduled programs for the preservation,  
            improvement, and development of housing.  The housing element  
            is also required to include an analysis of any special housing  
            needs in the community, 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. This makes it explicit that the analysis  
            of needs of persons with disabilities should include the needs  
            of those with a developmental disability, as defined in  
            Section 4512 of the Welfare and Institutions Code.

           2)Rationale  .  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 author asserts 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)Opposition.  The League of California Cities states that the  
            bill 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 reductions, and as  
            a result, local agencies do not have the resources to  
            implement new planning mandates at this time.  Additionally,  
            the 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.

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081