BILL ANALYSIS Ó
AB 1595
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1595 (Chesbro)
As Amended August 22, 2014
Majority vote
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|ASSEMBLY: |73-0 |(May 23, 2014) |SENATE: |34-0 |(August 26, |
| | | | | |2014) |
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Original Committee Reference: HUM. S.
SUMMARY : Brings state statute with respect to the structure,
function, and responsibilities of the State Council on
Developmental Disabilities (SCDD) into conformity with the
requirements set forth in the federal Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (DD Act).
Specifically, this bill :
1)Declares a number of legislative findings, including that the
SCDD was established pursuant to DD Act to engage in advocacy,
capacity building, and systemic change activities that are
consistent with the policy contained in federal law and
contribute to a coordinated, consumer- and family-centered,
consumer- and family-directed, comprehensive system that
includes the provision of needed community services,
individualized supports, and other forms of assistance that
promote self-determination for individuals with developmental
disabilities and their families.
2)States the intent of the Legislature that SCDD independently
exercise its authority and responsibilities under federal law,
expend its federal funding allocation, and exercise all powers
and duties that may be necessary to carry out the purposes
contained in applicable federal law.
3)Further states the intent of the Legislature that SCDD ensure
that it is accessible and responsive to the diverse
geographic, racial, ethnic, and language needs of individuals
with developmental disabilities and their families throughout
California, which in part may, as determined by SCDD, be
achieved through the establishment of regional offices, the
number and location of which may be determined by SCDD.
4)Restructures SCDD in the following ways:
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a) Deletes all references to local area boards on
developmental disabilities and instead authorizes the SCDD
to establish and maintain an organizational structure,
which may include regional offices, that is accessible and
responsive to the diverse geographic, racial, ethnic, and
language needs of persons with developmental disabilities
and their families throughout California;
b) Deletes the requirement that the Governor appoint the 31
voting members of the SCDD from a pool of individuals
nominated by the local area boards, and instead grants the
Governor the authority to appoint members from among the
residents of the state after consulting with the current
members of the SCDD and considering recommendations from
persons and organizations representing persons with
developmental disabilities, as specified;
c) Deletes the requirement that the Governor appoint seven
at-large members of the SCDD and instead requires that 20
of the 31 voting members be non-agency members who reflect
the socioeconomic, geographic, disability, racial, ethnic,
and language diversity of the state and include the
following:
i) At least seven persons with developmental
disabilities;
ii) At least seven who are parents, immediate relatives,
guardians, or conservators of a person with a
developmental disability;
iii) At least one member from each of the geographic
areas of the regional offices established by the SCDD to
serve as a liaison of the SCDD to the local regional
constituency and the SCDD regional advisory committee of
the region; and
iv) At least one person with a developmental disability
who is a current or former resident of an institution or
his or her immediate relative, guardian, or conservator.
d) Provides that SCDD terms are for three years, and that a
term begins on the date of appointment by the Governor, and
a member can serve no more than two terms;
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e) Deletes the prohibition on an appointee serving on the
SCDD for more than six years and instead adds a requirement
that SCDD notify the Governor, in writing, immediately when
a vacancy occurs prior to the expiration of a member's
term, and at least six months before a member's term
expires;
f) Provides that, in accordance with federal law, the
California Health and Human Services Agency shall be the
designated state agency for support to SCDD;
g) Requires SCDD to appoint an executive director and
requires the executive director to appoint all SCDD
employees.
h) Sets forth provisions for the transition of SCDD
positions from exempt positions to civil service positions,
as specified.
1)Changes and clarifies the functions and responsibilities of
the SCDD in the following ways:
a) Provides that SCDD, with authority independent of any
single state service agency, is created to conduct
advocacy, capacity building, and systemic change
activities, as required by the federal DD Act, including
encouraging and assisting in the establishment or
strengthening of self-advocacy organizations led by
individuals with developmental disabilities and other
activities to identify, engage, and help improve the lives
of persons with developmental disabilities, as specified;
b) Authorizes the Department of Developmental Services to
contract directly with the SCDD for the purpose of
providing clients' rights advocacy services for individuals
with developmental disabilities who reside in developmental
centers and deletes the requirement that area boards
maintain local discretion in the provision of such advocacy
services;
c) Grants SCDD full authority on how it acquires and uses
its funding for implementation of the state plan on
developmental disabilities, as specified, to the extent
provided for in the federal DD Act;
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d) Requires SCDD to be the sole entity responsible for
conducting activities necessary to develop and implement
the state plan on developmental disabilities in the various
regions of the state, and requires the state plan and its
implementation to be responsive to the needs of the state's
diverse communities, as specified; and
e) Authorizes SCDD to utilize information provided by any
regional offices and regional advisory committees of SCDD,
statewide and local entities, individuals with
developmental disabilities, family members, and other
interested parties in the development of the state plan for
developmental disabilities, as specified.
1)Replaces all references to area boards with the SCDD to
provide consistency and conformity with the requirements of
the federal DD Act throughout other sections of the Lanterman
Act for persons with developmental disabilities.
The Senate amendments :
1)Specify that SCDD shall determine the structure of its
organization pursuant to the federal DD Act, and further
emphasize that SCDD is an independent entity by authorizing it
to carry out its duties under the federal DD Act as it sees
fit, including discretion in the establishment of regional
offices.
2)Authorize SCDD to transition positions that are exempt from
civil service as of December 31, 2014 to civil service
positions, as specified.
3)Include chaptering out amendments to avoid conflicts with SB
856 (Budget and Fiscal Review Committee), Chapter 30, Statutes
of 2014 and SB 1093 (Liu) of the current legislative session.
EXISTING LAW :
1)Establishes an entitlement to services for individuals with
developmental disabilities under the Lanterman Developmental
Disabilities Services Act (Lanterman Act). (Welfare and
Institutions Code (WIC) Sections 4500 et seq.)
2)Grants all individuals with developmental disabilities, among
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all other rights and responsibilities established for any
individual by the United States Constitution and laws and the
California Constitution and laws, the right to treatment and
habilitation services and supports in the least restrictive
environment. (WIC Section 4502)
3)Establishes, in federal law, the DD Act, which includes
authority for the development and federal funding of State
Councils on developmental disabilities to engage in advocacy,
capacity building, and systemic change activities, as
specified, with the purpose of assuring that individuals with
developmental disabilities and their families participate in
the design of and have access to needed community services,
individualized supports, and other forms of assistance that
promote self-determination, independence, productivity, and
integration and inclusion in all facets of community life,
through culturally competent programs. (42 United States Code
Section 15001 et seq.)
4)Establishes, in state law, SCDD for the purpose of planning
and coordinating the state's resources to ensure the legal,
civil, and service rights of people with developmental
disabilities are upheld and not denied. (WIC Section 4520
(a))
5)Establishes local area boards on developmental disabilities to
conduct the local advocacy, capacity building, and systemic
change activities required by the federal DD Act and in
response to the unique challenges the state faces in ensuring
the legal, civil, and service rights of persons with
developmental disabilities as a result of the state's size and
diversity. (WIC Sections 4520 (b) and 4543 et seq.)
6)States the intent of the Legislature that all statutes
pertaining to the establishment and duties of SCDD and area
boards, secure full compliance with the federal DD Act, which
provides federal funds to assist the state in planning,
coordinating, monitoring, and evaluating services for persons
with developmental disabilities and in establishing a system
to protect and advocate the legal and civil rights of persons
with developmental disabilities. (WIC Section 4520 (c))
7)Requires the Governor to appoint the 31 voting members of SCDD
and restricts the persons eligible for consideration of a
gubernatorial appointment to those individuals nominated by
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the area board to serve as a council member. (WIC Section
4521)
8)Requires SCDD to prepare a California Developmental
Disabilities State Plan, at least once every five years, as
specified, for the purpose of integrating all relevant state
planning and budgeting pertaining to persons with
developmental disabilities. (WIC Section 4561)
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill seeks to ensure that state statute
pertaining to SCDD on Developmental Disabilities conforms to
federal requirements set forth in the DD Act for purposes of
maintaining federal funding and ensuring the activities of the
State Council fulfil the objectives of the federal DD Act.
Background: The federal DD Act authorizes grants for SCDD,
State Protection and Advocacy organizations, and the University
Centers for Excellence in Developmental Disabilities Education,
Research and Services (UCEDDs), with the purpose of increasing
the independence, productivity, self-determination, and
inclusion and integration of individuals with developmental
disabilities into their communities.
The Lanterman Act guides the provision of services and supports
for Californians with developmental disabilities. Each
individual under the Lanterman Act, typically referred to as a
"consumer," is legally entitled to treatment and habilitation
services and supports in the least restrictive environment.
Lanterman Act services are designed to enable all consumers to
live more independent and productive lives in the community.
The structure and functions of California's SCDD also rest
within the state's Lanterman Act. Pursuant to federal law, and
as required for purposes of receiving federal funding, SCDD
advocates for the rights of people with intellectual and
developmental disabilities and promotes policies and practices
that help people achieve self-determination, independence,
productivity and inclusion in all aspects of community life.
California's area boards on developmental disabilities were
established with the mission of advocating for and protecting
the rights of individuals with developmental disabilities and to
ensure that the supports and services provided to them increase
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independence, inclusion, productivity, and self-determination to
the maximum extent possible. Under California's current SCDD
structure, the area boards are provided federal dollars to carry
out activities pertaining to SCDD, including local monitoring
and tracking of the needs of people with developmental
disabilities within discrete regions of the state. Area boards
help connect people with developmental disabilities and their
families to needed services and supports, work toward improving
the available services and supports, and, overall, help
individuals with developmental disabilities become a part of
their community through encouraging and assisting self-advocacy,
as well as educating the public on the importance of full
inclusion of people with developmental disabilities in the
community. SCDD currently has 13 area boards.
History of federal compliance issues: The federal
Administration on Intellectual Disabilities (AIDD) is
responsible for administering the federal DD Act, which includes
monitoring and ensuring the appropriate use of grant dollars
provided to states for their state councils on developmental
disabilities. Through its Monitoring and Technical Assistance
Review System (MTARS), the AIDD conducted a comprehensive,
on-site monitoring visit in 2013 to assess whether California's
State Council had corrected historic DD Act compliance issues
and concerns raised in a 1994 Program Administrative Review,
2001 guidance, and a 2006 MTARS on-site monitoring visit
conducted by the AIDD. Although the 2001 guidance resulted in
state legislation to bring the relationship between the State
Council and the area boards into compliance with the federal DD
Act, the 2006 and 2013 MTARS visits revealed continued
inconsistencies between the Lanterman Act and federal DD Act
requirements. As a result, the AIDD has restricted SCDD's
access to DD Act funds as of November 22, 2013, until California
demonstrates that it will come into compliance with the federal
law that funds SCDD.
The compliance issues identified in the 2013 MTARS included: the
need for the SCDD Director to hire SCDD staff rather than
appointment by the Governor; the term limits, demographic
requirements, and appointment authority of the Governor related
to SCDD members; SCDD's autonomy with respect to the development
and implementation of the developmental disabilities state plan;
and the role of the area boards in implementing different
components of the state plan differently throughout the state.
The overarching provisions of state law that have resulted in
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these compliance issues are related to state interference and
inappropriately broad authority of the area boards, resulting in
the SCDD's lack of control with respect to establishing
leadership and developing and implementing the state plan. The
AIDD's 2013 MTAR Report includes that, "AIDD continues to have
significant concerns and questions about the Council's [SCDD]
autonomy from state interference and it's federally mandated
role as the leader in the state and primary driver of state wide
systems change, advocacy, and capacity building."
Need for this bill: As a result of some of the SCDD provisions
of the Lanterman Act being out of compliance with the federal DD
Act, the AIDD is currently providing SCDD funding on a
restricted reimbursement basis, resulting in basic funding
challenges for the SCDD. With this bill, the author seeks to
ensure SCDD's structure and responsibilities are clearly aligned
with federal requirements, and bring SCDD into good standing
with the AIDD in order to regain unrestricted access to the
federal funds necessary to carry out SCDD's statewide and local
duties.
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089
FN: 0005383