BILL NUMBER: AB 1405	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 17, 2015
	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  
hospitals,  referred to as developmental  centers
  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 Sonoma
Developmental Center no later than December 31, 2018, and the
Fairview Developmental Center no later than December 31, 2021. 
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. 
   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,  which is 
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, 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)  (1)    Notwithstanding any other law, the
net proceeds received by the state from the lease of the property
shall be deposited as follows: 
   (1) 
    (   A)  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) 
    (B)     (i)  Fifty percent to the
Lanterman Act Community-Based Services Fund,  which is 
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) 
    (ii)  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) 
    (   2)   "Net   For the
purposes of this subdivision, "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
Sonoma Developmental Center no later than December  18,
  31,  2018, and shall close the Fairview
Developmental Center no later than December 31, 2021. 
   (b) Prior to the closure of the Sonoma Developmental Center or the
Fairview Developmental Center pursuant to subdivision (a), the
department shall submit a plan to the Legislature pursuant to Section
4474.1. 
  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.