AB 1405, as amended, Grove. Developmental centers: closure.
Existing law vests in the State Department of Developmental Services jurisdiction over statebegin delete hospitalsend deletebegin insert hospitals,end insert referred to as developmentalbegin delete centersend deletebegin insert centers,end insert 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 Sonoma Developmental Center no later than December 31, 2018, and the Fairview Developmental Center no later than December 31, 2021.begin insert The bill would require the department to submit a plan, as specified, to the Legislature prior to the closure of the Sonoma Developmental Center or the Fairview Developmental Center.end insert
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 to lease all or part of the parcels at the Sonoma Developmental Center and the Fairview Developmental 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,begin insert which isend insert 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 14670.09 is added to the Government
2Code, to read:
(a) Notwithstanding any other law, the Director of
4General Services shall, upon closure pursuant to Section 4474.9
5of the Welfare and Institutions Code, lease, for current market
6value, all or part of the parcels at the Sonoma Developmental
7Center, located at 15000 Arnold Drive, in Eldridge, Sonoma
8County and the Fairview Developmental Center, located at 2501
9Harbor Boulevard, in Costa Mesa, Orange County. Any use of
10these parcels shall be ratified by a vote of the appropriate state and
11local government agencies with the authority over those local land
12use decisions. If the state or local government agencies choose to
13use all or part of these parcels for public use, or designate them as
14open lands, those agencies shall be subject
to the requirements of
15this section and Section 4474.9 of the Welfare and Institutions
16Code.
17(b) begin insert(1)end insertbegin insert end insert Notwithstanding any other law, the net proceeds
18received by the state from the lease of the property shall be
19deposited as follows:
20(1)
end delete
21begin insert(end insertbegin insertA)end insert Fifty percent to the Budget Stabilization Account established
22in Section 20 of Article XVI of the California Constitution until
23the state’s debts to which that fund is obligated are paid and, after
24that time, to the General Fund.
25(2) (A)
end delete
26begin insert(B)end insertbegin insert end insertbegin insert(i)end insert Fifty percent to the Lanterman Act Community-Based
27Services Fund,begin insert
which isend insert hereby created in the State Treasury.
28Notwithstanding Section 13340, all moneys in the fund are
29continuously appropriated without regard to fiscal years to the
30State Department of Developmental Services to augment existing
31purchase of services funds used by regional centers to purchase
32services and supports for persons with developmental disabilities.
33(B)
end delete
P4 1begin insert(ii)end insert The moneys in the Lanterman Act Community-Based
2Services Fund shall be used to supplement, and not supplant,
3existing funds for purchase of services by regional centers.
4(3)
end delete
5begin insert(end insertbegin insert2)end insert begin delete“Net end deletebegin insertFor the purposes of this subdivision, “net end insertproceeds”
6begin delete for the purposes of this subdivisionend delete means gross proceeds less all
7costs necessary for the completion of the transaction, including
8costs incurred by the Department of General Services.
Section 4474.9 is added to the Welfare and Institutions
10Code, to read:
begin insert(a)end insertbegin insert end insert The department shall close the Sonoma
12Developmental Center no later than Decemberbegin delete 18,end deletebegin insert 31,end insert 2018, and
13shall close the Fairview Developmental Center no later than
14December 31, 2021.
15(b) Prior to the closure of the Sonoma Developmental Center
16or
the Fairview Developmental Center pursuant to subdivision
17(a), the department shall submit a plan to the Legislature pursuant
18to Section 4474.1.
It is the intent of the Legislature to transfer current
20funding for the operations of the Fairview Developmental Center
21and the Sonoma Developmental Center to fund purchase of services
22at regional centers.
This act is an urgency statute necessary for the
24immediate preservation of the public peace, health, or safety within
25the meaning of Article IV of the Constitution and shall go into
26immediate effect. The facts constituting the necessity are:
27In order to, at the earliest possible time, facilitate the orderly
28closure of the developmental centers described in this act, it is
29necessary that this act take effect immediately.
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