BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 812
                                                                  Page  1

          SB 812 (Ashburn)
          As Amended  August 16, 2010
          Majority vote 

           SENATE VOTE  :36-0  
           LOCAL GOVERNMENT    9-0         HOUSING             8-0         
          |Ayes:|Smyth, Caballero,         |Ayes:|Torres, Arambula,         |
          |     |Arambula, Bradford,       |     |Bradford, Eng, Gilmore,   |
          |     |Davis, Knight, Logue,     |     |Knight, Torlakson, Tran   |
          |     |Solorio, Swanson          |     |                          |

           APPROPRIATIONS      17-0                                        
          |Ayes:|Fuentes, Conway,          |     |                          |
          |     |Bradford, Huffman, Coto,  |     |                          |
          |     |Davis, De Leon, Gatto,    |     |                          |
          |     |Hall, Harkey, Miller,     |     |                          |
          |     |Nielsen, Norby, Skinner,  |     |                          |
          |     |Solorio, Torlakson,       |     |                          |
          |     |Torrico                   |     |                          |

           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)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  


                                                                  SB 812
                                                                  Page  2

            required for individuals with mental retardation, but shall  
            not include other handicapping conditions that are solely  
            physical in nature."

          2)Provides no reimbursement is required because a local agency  
            has the authority to levy  service charges, fees, or  
            assessments sufficient to pay for the program or level of  
            service mandated by this measure. 

           EXISTING LAW  :

          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, farm workers, 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 Assembly Appropriations  


                                                                  SB 812
                                                                  Page  3

          Committee, there are unknown, probably moderate costs (ranging  
          from a few thousand dollars to low tens of thousands of dollars  
          for larger agencies) to local governments to expand analyses in  
          their housing elements to cover housing needs of developmentally  
          disabled individuals, not reimbursable.
           COMMENTS  :  This bill 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  

          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.  

          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.


                                                                  SB 812
                                                                  Page  4

          Opposition Arguments:  The League of California Cities writes  
          that this 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 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  

          SB 1330 (Committee on Judiciary) and AB 2762 (Committee on  
          Housing and Community Development) also amend the same code  
          section as this bill.  These bills will need to be amended to  
          avoid chaptering out issues. 

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

                                                                FN: 0006083