BILL NUMBER: AB 1405 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Grove
FEBRUARY 27, 2015
An act to add Section 14670.09 to the Government Code, to add
Section 4474.9 to the Welfare and Institutions Code, and to amend the
Budget Act of 2014 (Chapter 25 of the Statutes of 2014) by amending
Items 4300-003-0001 and 4300-101-0001 of Section 2.00 of that act,
relating to developmental services, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1405, as introduced, Grove. Developmental centers: closure.
Existing law vests in the State Department of Developmental
Services jurisdiction over state hospitals referred to as
developmental centers for the provision of residential care to
individuals with developmental disabilities. Existing law requires
the State Department of Developmental Services to comply with
procedural requirements when closing a developmental center,
including submitting a detailed plan to the Legislature and holding
at least one public hearing. Under existing law, the department
allocates funds to private nonprofit entities known as regional
centers, which are required to provide, or arrange for the provision
of, services and supports for persons with developmental
disabilities.
This bill would require the department to close the Fairview
Developmental Center and the Sonoma Developmental Center on or before
an unspecified date. The bill would create a taskforce for to
determine the use of the properties and a plan for benefiting
individuals with developmental disabilities in community-based
programs and settings, and would require the task force to consist of
15 members, as specified
Existing law requires the Director of General Services to lease
specified property located at the Sonoma Developmental Center only
for an agricultural or open-space purpose consistent with specified
requirements.
The bill would additionally require the director to, on or after
an unspecified date, lease all or part of the parcel at the Sonoma
Developmental Center and the Fairview Developmental Center. The bill
would require an unspecified percentage of the net proceeds received
by the state from the lease of these properties to go to the General
Fund and the rest to be deposited in the Lanterman Act
Community-Based Services Fund, created by the bill. The bill would
require all moneys in the Lanterman Act Community-Based Services Fund
to be continuously appropriated without regard to fiscal years to
the State Department of Developmental Service to augment existing
purchase of services funds used by regional centers to purchase
services and supports for persons with developmental disabilities. By
creating a continuously appropriated fund, the bill would make an
appropriation.
The Budget Act of 2014 appropriates $260,659,000 from the General
Fund to the State Department of Developmental Services for the
support of the department's developmental centers, and appropriates
$2,645,629,000 from the General Fund to the department for local
assistance to regional centers.
This bill would amend the Budget Act of 2014 by revising items of
appropriation for the State Department of Developmental Services
related to developmental centers and regional centers, thereby making
an appropriation. The bill would state the intent of the Legislature
to transfer current funding for the operations of the Fairview
Developmental Center and the Sonoma Developmental Center to fund
purchase of services at regional centers.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14670.09 is added to the Government Code, to
read:
14670.09. (a) Notwithstanding any other law, the Director of
General Services shall, on or after ____, lease, for current market
value, all or part of the parcel at the Sonoma Developmental Center,
located at 15000 Arnold Drive, in Eldridge, Sonoma County and the
Fairview Developmental Center, located at 2501 Harbor Boulevard, in
Costa Mesa, Orange County.
(b) Notwithstanding any other law, the net proceeds received by
the state from the lease of the property shall be deposited as
follows:
(1) ____ percent to the General Fund.
(2) (A) ____ percent to the Lanterman Act Community-Based Services
Fund, hereby created in the State Treasury. Notwithstanding Section
13340, all moneys in the fund are continuously appropriated without
regard to fiscal years to the State Department of Developmental
Services to augment existing purchase of services funds used by
regional centers to purchase services and supports for persons with
developmental disabilities
(B) The moneys in the Lanterman Act Community-Based Services Fund
shall be used to supplement, and not supplant, existing funds for
purchase of services by regional centers.
(3) "Net proceeds" for the purposes of this subdivision means
gross proceeds less all costs necessary for the completion of the
transaction, including costs incurred by the Department of General
Services.
SEC. 2. Section 4474.9 is added to the Welfare and Institutions
Code, to read:
4474.9. (a) The department shall close the Fairview Developmental
Center and the Sonoma Developmental Center on or before ____.
(b) (1) A task force is hereby established to determine the use of
the properties and a plan for benefiting individuals with
developmental disabilities in community-based programs and settings.
(2) The task force shall consist of 15 members as follows:
(A) Eleven members appointed by the Governor, at least three of
whom shall be family members of an individual residing at a state
developmental center, at least three of whom shall be a director of a
regional center, and at least three of whom shall be directors or
chief executive officers of community-based nonprofit organizations
that help individuals with developmental disabilities find housing
employment, day programs, and other services in the community.
(B) Two members appointed by the Speaker of the Assembly.
(C) Two members appointed by the President pro Tempore of the
Senate.
SEC. 3. Item 4300-003-0001 of Section 2.00 of the Budget Act of
2014 is amended to read:
4300-003-0001--For support of Department of 260,
Developmental Services, for Developmental Centers. 659,
____
000
Schedule:
(1) 20-Developmental
Centers Program........ 511,159,000
____
(2) Reimbursements......... -250,116,000
(3) Amount payable from
the Federal Trust Fund
(Item 4300-003-0890)... -384,000
Provisions:
1. A loan shall be available from the
General Fund to the State Department
of Developmental Services not to
exceed a cumulative total of
$27,000,000. The loan funds will be
transferred to this item as needed to
meet cashflow needs due to delays in
collecting reimbursements from the
Health Care Deposit Fund and are
subject to the repayment provisions of
Section 16351 of the Government Code.
2. Upon order of the Department of
Finance, the Controller shall transfer
such funds as are necessary between
this item and Item 4300-001-0001 in
order to appropriately align General
Fund and Medi-Cal reimbursements from
the State Department of Health Care
Services with budgeted activities.
Within 10 working days after approval
of a transfer as authorized by this
provision, the Department of Finance
shall notify the chairpersons of the
fiscal committees of each house of the
Legislature and the Chairperson of the
Joint Legislative Budget Committee of
the transfer, including the amount
transferred, how the amount was
determined, and how the amount will be
utilized.
3. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are necessary
between this item and Item 4300-101-
0001. Within 10 working days after
approval of a transfer as authorized
by this provision, the Department of
Finance shall notify the chairpersons
of the fiscal committees in each house
of the Legislature and the Chairperson
of the Joint Legislative Budget
Committee of the transfer, including
the amount transferred, how the amount
transferred was determined, and how
the amount transferred will be
utilized.
4. The State Department of Developmental
Services (DDS) shall notify the
chairperson of each fiscal committee
and policy committee of each house of
the Legislature of specific outcomes
resulting from citations and the
results of annual surveys conducted by
the State Department of Public Health,
as well as findings of any other
governmental agency authorized to
conduct investigations or surveys of
state developmental centers. The DDS
shall forward the notifications,
including a copy of the specific
findings, to the chairpersons of the
committees within 10 working days of
its receipt of these findings. The DDS
also shall forward these findings,
within three working days of
submission, to the appropriate
investigating agency. In addition, the
DDS shall provide notification to the
chairpersons of the committees, within
three working days, of its receipt of
information concerning any
investigation initiated by the United
States Department of Justice and the
private nonprofit corporation
designated by the Governor pursuant to
Division 4.7 (commencing with Section
4900) of the Welfare and Institutions
Code or concerning any findings or
recommendations resulting from any of
these investigations.
SEC. 4. Item 4300-101-0001 of Section 2.00 of the Budget Act of
2014 is amended to read:
4300-101-0001--For local assistance, Department of
Developmental Services, for Regional Centers...........
Schedule:
(1) 10.10.010-Operations...... 576,631,000
(2) 10.10.020-Purchase of 4,076,564,0004,07
Services.................. 6,564,000
(3) 10.10.060-Early
Intervention Program...... 19,450,000
(4) 10.10.080-Prevention
Program................... 2,003,000
(5) Reimbursements............ -1,970,694,000
(6) Amount payable from the
Developmental
Disabilities Program
Development Fund (Item
4300-101-0172)............ -5,808,000
(7) Amount payable from the
Developmental
Disabilities Services
Account (Item 4300-101-
0496)..................... -150,000
(8) Amount payable from the
Federal Trust Fund (Item
4300-101-0890)............ -52,367,000
Provisions:
1. Upon order of the Director of Finance, the
Controller shall transfer such funds as are
necessary between this item and Item 4300-
003-0001. Within 10 working days after
approval of a transfer as authorized by
this provision, the Department of Finance
shall notify the chairpersons of the fiscal
committees in each house of the Legislature
and the Chairperson of the Joint
Legislative Budget Committee of the
transfer, including the amount transferred,
how the amount transferred was
determined, and how the amount transferred
will be utilized.
2. A loan or loans shall be made available
from the General Fund to the State
Department of Developmental Services not to
exceed a cumulative total of $395,000,000.
The loan funds shall be transferred to this
item as needed to meet cashflow needs due
to delays in collecting reimbursements from
the Health Care Deposit Fund. All moneys so
transferred shall be repaid as soon as
sufficient reimbursements have been
collected to meet immediate cash needs and
in installments as reimbursements
accumulate if the loan is outstanding for
more than one year.
3. Notwithstanding Section 26.00, the
Department of Finance may authorize
transfer of expenditure authority between
Schedules (1) and (2) in order to more
accurately reflect expenditures in the
Early Intervention Program (Part C of the
Individuals with Disabilities Education
Act).
4. Notwithstanding Section 26.00, the
Department of Finance may authorize
transfer of expenditure authority from
Schedule (4) 10.10.080-Prevention Program
to Schedule (2) 10.10.020-Purchase of
Services to more accurately reflect
expenditures in the Prevention and Early
Start Programs.
SEC. 5. It is the intent of the Legislature to transfer current
funding for the operations of the Fairview Developmental Center and
the Sonoma Developmental Center to fund purchase of services at
regional centers.