BILL NUMBER: AB 1405 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2015
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. therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1405, as amended, 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
task force to determine the use of the
properties and develop 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 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,
director, on or after an unspecified date,
to lease all or part of the parcel
parcels 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 Services 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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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 parcels
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 advise the
department. The task force shall determine the use of the
properties and develop 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 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
Developmental Services, for Developmental Centers. ____
Schedule:
(1) 20-Developmental
Centers Program........ ____
(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
Services..................
(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.
SEC. 6. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to, at the earliest possible time, facilitate the orderly
closure of the developmental centers described in this act, it is
necessary that this act take effect immediately.