Amended in Senate June 20, 2016

Amended in Senate July 6, 2015

Amended in Assembly June 1, 2015

Amended in Assembly May 6, 2015

Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1400

Introduced by Assembly Member Santiago

February 27, 2015

An act to add begin delete Section 4629.8 to the Welfare and Institutions Code, end delete begin insert Sections 25200.24 and 25200.25 to the Health and Safety Code, end insert relating to begin delete developmental services. end delete begin insert hazardous waste facilities. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1400, as amended, Santiago. begin delete Developmental services: regional center contracts. end delete begin insert Hazardous waste: facilities permitting. end insert

begin insert

Existing law, as part of the hazardous waste control law, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. A violation of the hazardous waste control law is a crime.

end insert begin insert

The bill would require the department, as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, to require a facility operator to install monitoring devices or other equipment at the fence line of the facility to monitor for potential releases from the facility into the surrounding community, except as specified. The bill would require the department to grant such a request from a member of the public for a technical assistance grant for the purpose of getting assistance relating to, and information about, a pending hazardous waste facilities permit if the department receives the request within one year of the submission of the applicable hazardous waste facilities permit application, and would authorize the department to, in its discretion, grant such a request received more than one year from the submission of the applicable permit application. The bill would require the permit applicant to fund the grants. The bill would require the department, upon receipt of an application for a new hazardous waste facilities permit or for a renewal of a hazardous waste facilities permit, to post on its Internet Web site that the application has been received, and to include with this information a description of the process for applying for a technical assistance grant.

end insert begin insert

Because a violation of the bill’s requirements would be a crime, the bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to enter into contracts with private nonprofit corporations to operate regional centers for the provision of community services and support for persons with developmental disabilities and their families. Existing law sets forth the duties of the regional centers, including, but not limited to, development of individual program plans, the purchase of needed services to implement the plan, and monitoring of the delivery of those services.

end delete begin delete

Existing law requires the regional center contracts and agreements with service providers in which rates are determined through negotiations between the regional center and the service providers to expressly require that not more than 15% of regional center funds be spent on administrative costs, as defined.

end delete begin delete

This bill would require all regional center contracts or agreements with contracting entities that provide in-home respite services and that have an annual revenue attributable to in-home respite services provided to regional center consumers of at least $7,000,000, as specified, to expressly require that at least 85% of regional center funds be spent on direct service expenditures, as defined.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 25200.24 is added to the end insert begin insert Health and
Safety Code end insert begin insert , to read: end insert

begin insert

begin insert 25200.24. end insert   

(a) Except as provided in subdivision (b), the
department shall, as a condition for a new hazardous waste
facilities permit or a renewal of a hazardous waste facilities permit,
require a facility operator to install monitoring devices or other
equipment at the fence line of the facility to monitor for potential
releases from the facility into the surrounding community.

(b) If the local air pollution control district or air quality
management district, at the time that a hazardous waste facility
applies for a new hazardous waste facilities permit or a renewal
of a hazardous waste facilities permit, imposes a requirement on
hazardous waste facilities that is substantially similar to the
requirement specified in subdivision (a), subdivision (a) shall not
apply and the department shall instead require the facility to
comply with the requirement of the air pollution control district
or air quality management district as a condition for a new
hazardous waste facilities permit or a renewal of a hazardous
waste facilities permit.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 25200.25 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 25200.25. end insert   

(a) A member of the public may request a technical
assistance grant for the purpose of getting assistance relating to,
and information about, a pending hazardous waste facilities permit
application. The department shall grant a request for a technical
assistance grant if the department receives the request within one
year of the submission of the applicable hazardous waste facilities
permit application. The department may, in its discretion, grant
a request for a technical assistance grant received more than one
year from the submission of the applicable permit application. The
technical assistance grant shall be funded by the permit applicant.
The department shall develop criteria and post on its Internet Web
site the minimum requirements for an entity that wishes to provide
this technical assistance.

(b) Upon receipt of an application for a new hazardous waste
facilities permit or for a renewal of a hazardous waste facilities
permit, the department shall post on its Internet Web site that the
application has been received. The department shall include with
this information a description of the process for applying for a
technical assistance grant.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

Section 4629.8 is added to the Welfare and
Institutions Code, to read:

4629.8.  

(a) For purposes of this section, the following
definitions apply:

(1) “Administrative costs” means all costs other than direct
service expenditures, including all amounts actually paid and all
accounts payable, as calculated in accordance with generally
accepted accounting principles, including, but not limited to, all
of the following:

(A) Compensation and benefits, including federal, state, and
local payroll taxes, workers’ compensation and unemployment
insurance premiums, and recruiting, training, orientation, and
background checks for managerial personnel whose primary
purpose is the administrative management of the entity, including,
but not limited to, directors and chief executive officers.

(B) Compensation and benefits, including federal, state, and
local payroll taxes, workers’ compensation and unemployment
insurance premiums, and recruiting, training, orientation, and
background checks for employees who perform administrative
functions, including, but not limited to, payroll management,
personnel functions, accounting, budgeting, and facility
management.

(C) Facility and occupancy costs directly associated with
administrative functions.

(D) Maintenance and repair.

(E) Data processing and computer support services.

(F) Contract and procurement activities, except those provided
by a direct service employee.

(G) Training directly associated with administrative functions.

(H) Travel directly associated with administrative functions.

(I) Licenses directly associated with administrative functions.

(J) Taxes.

(K) Interest.

(L) Property insurance.

(M) Personal liability insurance directly associated with
administrative functions.

(N) Depreciation.

(O) General expenses, including, but not limited to,
communication costs and supplies directly associated with
administrative functions.

(P) Consultants and professional services, including, but not
limited to, accounting and legal services.

(Q) Distributions to shareholders.

(R) Advertising costs.

(S) Conference, convention, and meeting costs.

(T) Facility and office equipment costs, including, but not
limited to, rent, lease, and mortgage payments, directly associated
with administrative functions.

(U) Transfers to a corporate parent or franchisor, including, but
not limited to, franchise fees, fees for copyright or trademark usage,
fees for advertising materials, royalty fees, or conference fees.

(V) Other general operating and overhead costs.

(2) “Direct service expenditures” means all amounts actually
paid and all accounts payable, as calculated in accordance with
generally accepted accounting principles, in the following
categories:

(A) Wages and benefits, including state, federal, and local
payroll taxes, workers’ compensation and unemployment insurance
premiums, and recruiting, training, orientation, and background
checks for respite care aides.

(B) Expenses substantially similar to those in subparagraph (A)
that are directly related to the provision of in-home respite services.

(3) “Financial management services” means services as defined
by Section 4685.7 and any similar service, including, but not
limited to, payroll duties, processing payments for the
reimbursement of services, and other employer responsibilities
that are required by federal and state law, when the agency is the
employer for those purposes, but the consumer or his or her family
member recruits the worker.

(4) “Service agency” means an organization or corporation that
provides in-home respite services, as defined in Section 4690.2.

(b) (1) Notwithstanding Section 4629.7 or any other law, all
regional center contracts or agreements with contracting entities
that provide in-home respite services, as defined in Section 4690.2,
and that have an annual revenue attributable to in-home respite
services provided to regional center consumers of at least seven
million dollars ($7,000,000), shall expressly require that at least
85 percent of regional center funds be spent on direct service
expenditures. Direct service expenditures shall not include
administrative costs.

(2) A contracting service agency may meet the annual revenue
attributable to in-home respite services specified in paragraph (1)
in either of the following ways:

(A) The annual revenue of the contracting service agency that
is attributable to in-home respite services provided to regional
center consumers, excluding financial management services, as
defined in paragraph (3) of subdivision (a), and other administrative
services, meets or exceeds seven million dollars ($7,000,000).

(B) The annual revenue of the contracting entity’s parent
organization that is attributable to in-home respite services provided
to regional center consumers in this state, excluding financial
management services, as defined in paragraph (3) of subdivision
(a), and other administrative services, whether earned directly by
the parent organization or by subcontractors and subsidiaries of
the parent organization, meets or exceeds seven million dollars
($7,000,000).

(c) Consistent with subdivision (b), service providers and
contractors, upon request, shall provide regional centers with access
to books, documents, papers, computerized data, source documents,
consumer records, or other records pertaining to the service
providers’ and contractors’ rates.

end delete