Amended in Assembly June 3, 2015

Amended in Assembly May 11, 2015

Amended in Assembly May 4, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1405


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, 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 closebegin delete the Fairview Developmental Center andend delete the Sonoma Developmental Center no later thanbegin delete July 1, 2018.end deletebegin insert December 31, 2018, and the Fairview Developmental Center no later than December 31, 2021.end insertbegin delete 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.end delete

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 directorbegin delete, on or after July 1, 2018,end delete to lease all or part of the parcels at the Sonoma Developmental Center and the Fairview Developmentalbegin delete Center.end deletebegin insert Center, as specified.end insert The bill would require 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.

This 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: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P3    1

SECTION 1.  

Section 14670.09 is added to the Government
2Code
, to read:

3

14670.09.  

(a) Notwithstanding any other law, the Director of
4General Services shall,begin delete on or after July 1, 2018,end deletebegin insert upon closure
5pursuant to Section 4474.9 of the Welfare and Institutions Code,end insert

6 lease, for current market value, all or part of the parcels at the
7Sonoma Developmental Center, located at 15000 Arnold Drive,
8in Eldridge, Sonoma County and the Fairview Developmental
9Center, located at 2501 Harbor Boulevard, in Costa Mesa, Orange
10County. Any use of these parcels shall be ratified by a vote of the
11appropriate state and local government agencies with the authority
12over those local land use decisions. If the state or local government
13agencies choose to use all or part of these parcels for public use,
14or designate them as open lands, those agencies shall be subject
15to the requirements of this section and Section 4474.9 of the
16Welfare and Institutions Code.

17(b) Notwithstanding any other law, the net proceeds received
18by the state from the lease of the property shall be deposited as
19follows:

20(1) Fifty percent to the Budget Stabilization Account established
21in Section 20 of Article XVI of the California Constitution until
22the state’s debts to which that fund is obligated are paid and, after
23that time, to the General Fund.

24(2) (A) Fifty percent to the Lanterman Act Community-Based
25Services Fund, hereby created in the State Treasury.
26Notwithstanding Section 13340, all moneys in the fund are
27continuously appropriated without regard to fiscal years to the
28State Department of Developmental Services to augment existing
29purchase of services funds used by regional centers to purchase
30services and supports for persons with developmental disabilities.

31(B) The moneys in the Lanterman Act Community-Based
32Services Fund shall be used to supplement, and not supplant,
33existing funds for purchase of services by regional centers.

34(3) “Net proceeds” for the purposes of this subdivision means
35gross proceeds less all costs necessary for the completion of the
P4    1transaction, including costs incurred by the Department of General
2Services.

3

SEC. 2.  

Section 4474.9 is added to the Welfare and Institutions
4Code
, to read:

5

4474.9.  

begin delete(a)end deletebegin deleteend deleteThe department shall close thebegin delete Fairview
6Developmental Center and theend delete
Sonoma Developmental Center no
7later thanbegin delete July 1, 2018.end deletebegin insert December 18, 2018, and shall close the
8Fairview Developmental Center no later than December 31, 2021.end insert

begin delete

9(b) (1) A task force is hereby established to advise the
10department. The task force shall determine the use of the properties
11and develop a plan for benefiting individuals with developmental
12disabilities in community-based programs and settings.

13(2) The task force shall consist of 15 members as follows:

14(A) Eleven members appointed by the Governor, at least three
15of whom shall be family members of an individual residing at a
16state developmental center, at least three of whom shall be a
17director of a regional center, and at least three of whom shall be
18directors or chief executive officers of community-based nonprofit
19organizations that help individuals with developmental disabilities
20find housing, employment, day programs, and other services in
21the community.

22(B) Two members appointed by the Speaker of the Assembly.

23(C) Two members appointed by the President pro Tempore of
24the Senate.

end delete
25

SEC. 3.  

It is the intent of the Legislature to transfer current
26funding for the operations of the Fairview Developmental Center
27and the Sonoma Developmental Center to fund purchase of services
28at regional centers.

29

SEC. 4.  

This act is an urgency statute necessary for the
30immediate preservation of the public peace, health, or safety within
31the meaning of Article IV of the Constitution and shall go into
32immediate effect. The facts constituting the necessity are:

33In order to, at the earliest possible time, facilitate the orderly
34closure of the developmental centers described in this act, it is
35necessary that this act take effect immediately.



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