BILL NUMBER: AB 1405 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 11, 2015
AMENDED IN ASSEMBLY MAY 4, 2015
INTRODUCED BY Assembly Member Grove
( Coauthors: Assembly Members
Achadjian, Baker, Chávez,
Lackey, Mayes, Olsen, Mark Stone,
Waldron, and Wilk )
FEBRUARY 27, 2015
An act to add Section 14670.09 to the Government Code, and
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, making an appropriation 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. no later than July 1,
2018. The bill would create a 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.
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. Existing provisions of the California
Constitution, approved by the voters at the November 4, 2014,
statewide general election, establish the Budget
Stabilization Account in the General Fund and require the Controller,
commencing with the 2015-16 fiscal year and each fiscal year
thereafter, to transfer from the General Fund to the account a
specified percentage of estimated General Fund revenues.
The bill would additionally require the director, on or after
an unspecified date, July 1, 2018, to
lease all or part of the parcels at the Sonoma Developmental Center
and the Fairview Developmental Center. The bill would require
an unspecified percentage any use of these
parcels to be ratified by a vote of the appropriate state and
local government agencies with the authority over those local
land use decisions, as specified. The bill would also require
50% of the net proceeds received by the state from the
lease of these properties to go to the Budget Stabilization
Account until the state's debts to which that fund is obligated are
paid and, after that time, 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 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 also
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 ____,
July 1, 2018, lease, for current market value, all or part of
the 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. Any use of these parcels shall be ratified
by a vote of the appropriate state and local government agencies with
the authority over those local land use decisions. If the
state or local government agencies choose to use all or part of
these parcels for public use, or designate them as op en
lands, those agencies shall be subject to the requirements of this
section and Section 4474.9 of the Welfare and Institutions Code.
(b) Notwithstanding any other law, the net proceeds received by
the state from the lease of the property shall be deposited as
follows:
(1) ____ Fifty percent to the
Budget Stabilization Account established in Section 20 of Article XVI
of the California Constitution until the state's debts to
which that fund is obligated are paid and, after that time, to the
General Fund.
(2) (A) ____ Fifty 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 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
____. no later than July 1, 2018.
(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,
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. SEC. 3. 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. SEC. 4. 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.