BILL NUMBER: AB 1400 AMENDED
BILL TEXT
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
INTRODUCED BY Assembly Member Santiago
FEBRUARY 27, 2015
An act to add Section 4629.8 to the Welfare and
Institutions Code, Sections 25200.24 and 25200.25 to
the Health and Safety Code, relating to developmental
services. hazardous waste facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1400, as amended, Santiago. Developmental services:
regional center contracts. Hazardous waste: facilities
permitting.
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.
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.
Because a violation of the bill's requirements would be a crime,
the bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25200.24 is added to the
Health and Safety Code , to read:
25200.24. (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.
SEC. 2. Section 25200.25 is added to the
Health and Safety Code , to read:
25200.25. (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.
SEC. 3. 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.
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.