BILL ANALYSIS Ó
AB 1405
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Date of Hearing: July 1, 2015
ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW
Rudy Salas, Chair
AB 1405
(Grove) - As Amended June 17, 2015
SUBJECT: Developmental centers: closure.
SUMMARY: Requires the Department of Developmental Services
(DDS) to close the Fairview and Sonoma Developmental Centers
(DCs) and directs the Director of the Department of General
Services (DGS) to, upon the closures, lease all or part of the
parcels, as specified.
Specifically, this bill:
1)Requires DDS to close the Sonoma DC by the end of 2018, and
the Fairview DC no later than December 31, 2021.
2)Requires the Director of DGS to, upon the closures, lease all
or part of the parcels at the Fairview and Sonoma DCs, as
specified.
3)Requires any use of the parcels to be ratified by a vote of
the appropriate state and local government agencies with
authority to make decisions about the use of that land, as
specified.
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4)Establishes the Lanterman Act Community-Based Services Fund in
the State Treasury (Community-Based Fund), and requires all
moneys in the fund to be continuously appropriated to DDS to
supplement, and not supplant, existing funds used by regional
centers to purchase services and supports for persons with
developmental disabilities.
5)Requires 50% of the net proceeds received by the state for the
lease of the properties, as defined, to be deposited into the
Budget Stabilization Account, as specified, and requires the
other 50% of the net proceeds to be deposited into the
Community-Based Fund created by this bill.
6)Expresses the intent of the Legislature to transfer current
funding for the operations of the Fairview and Sonoma DCs to
fund purchase of services at regional centers.
7)Includes an urgency clause in order to, at the earliest
possible time, facilitate the orderly closure of the Fairview
and Sonoma DCs.
8)Requires DDS to submit a plan, as specified, to the
Legislature prior to the closure of the Fairview or Sonoma DC.
EXISTING LAW:
1)Authorizes, pursuant to SB 82, the 2015-16 human services
budget trailer bill, the Director of DGS, with the consent of
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the Director of DDS, to lease up to 20 acres located within
the grounds of Fairview DC for a period of up to 55 years, at
a price that will permit the development of affordable housing
for people with developmental disabilities.
2)Requires the proceeds of the housing project referenced above
to be deposited in the newly-created DDS Trust Fund and
requires that money in this fund be used, upon appropriation
by the Legislature, to provide housing and transitional
services for people with developmental disabilities.
3)Requires any monies in the Trust Fund that are not needed to
support individuals with developmental disabilities to be
transferred to the General Fund.
4)Specifies that, whenever DDS proposes the closure of a state
DC, the department shall submit a detailed plan to the
Legislature not later than April 1 immediately prior to the
fiscal year in which the plan is to be implemented, and as a
part of the Governor's proposed budget (Welfare and
Institutions Code. Section 4474.1.)
FISCAL EFFECT: Unknown
COMMENTS: This bill was previously heard by the Assembly
Committee on Human Services. This analysis will focus only on
the issues within the jurisdiction of the Assembly Committee on
Accountability and Administrative Review.
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This bill contains language directing DGS to lease land and
facilities as specified, and directs the proceeds of these
leases to be split between support of the Community-Based Fund
established in this bill and the existing Budget Stabilization
Account. As mentioned in the existing law section, the Budget
Act of 2015-16 and accompanying human services trailer bill
contain much of what is in this bill.
Additionally, the Governor has called for, and the Legislature
has convened, a 2nd Extraordinary Session to address issues that
may include the closure of the DCs and the appropriate funding
mechanisms to support such action.
Discussions with DGS have determined that this bill does not
substantively alter the authority of the Director of DGS to
lease and/or dispose of state property.
REGISTERED SUPPORT / OPPOSITION:
Support
California Disability Services Association
Futures Explored, Inc.
AB 1405
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NorCal Tea Party
Opposition
California Association of Psychiatric Technicians
California Statewide Law Enforcement Association
Service Employees International Union, Local 1000
Sonoma County Board of Supervisors
Analysis Prepared by:William Herms / A. & A.R. / (916) 319-3600