BILL NUMBER: AB 1405 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 3, 2015
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, 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 no later than July 1, 2018. December
31, 2018, and the Fairview Developmental Center no later than
December 31, 2021. 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 July 1, 2018, to lease all or part of the parcels at
the Sonoma Developmental Center and the Fairview Developmental
Center. Center, as specified. 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: 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,
upon closure pursuant to Section 4474.9 of the Welfare and
Institutions Code, 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 open 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.
(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 no later than July 1,
2018. December 18, 2018, and shall close the Fairview
Developmental Center no later than December 31, 2021.
(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. 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. 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.