BILL ANALYSIS Ó
AB 2565
Page 1
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
AB 2565
(Salas) - As Introduced February 19, 2016
SUBJECT: Independent Living Centers: state funding
SUMMARY: Includes independent living centers (ILCs) that were
previously excluded, due to receipt of funding under Title
VII(c) of the federal Rehabilitation Act of 1973, among ILCs
that are required to receive at least $235,000 in base grant
funds, as specified .
EXISTING LAW:
1)Establishes the federal Rehabilitation Act, which, among other
things, empowers individuals with disabilities to maximize
employment, economic self-sufficiency, self-determination,
independence, inclusion and integration into society through
statewide workforce investment systems, independent living
centers and services, research, training, demonstration
projects and the guarantee of equal opportunity. (29 U.S.C.
701 et seq.)
2)Establishes the Department of Rehabilitation (DOR) within the
California Health and Human Services Agency, and designates
DOR the sole state agency charged with administration of the
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state plan for vocational rehabilitation services. (WIC 19000
et seq.)
3)Requires DOR to oversee the Independent Living Services
Program and the state's 28 ILCs for the purpose of helping
people with disabilities live fuller and freer lives outside
of institutions. (WIC 19751, 19800 et seq.)
4)Allocates base grant funding of $235,000 to each ILC, with the
exception of those centers established and maintained using
federal funding under Title VII(c) of the federal
Rehabilitation Act of 1973. (WIC 19806)
FISCAL EFFECT: Unknown.
COMMENTS:
Department of Rehabilitation (DOR): DOR operates under the
California Health and Human Services Agency and in accordance
with the federal Rehabilitation Act of 1973, as amended by Title
IV of the Workforce Innovation and Opportunity Act of 2014 and,
as such, administers programs funded with federal and matching
state dollars. Vocational rehabilitation services are funded
with 78.7% federal dollars and 21.3% matching funds, part of
which are provided by the state General Fund and part by public
agencies through the DOR's cooperative program agreements. For
every $1 in funds the state contributes, the DOR receives $4 in
federal funds. The DOR's overall budget for the 2015-2016
fiscal year is $436 million; of that, $59 million is from the
General Fund.
Independent Living Centers: Title VII of the Rehabilitation Act
- Independent Living Services and Centers for Independent Living
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- established a framework for the creation and funding of ILCs
across the nation. California currently has 28 ILCs which
provide services to people with disabilities, enabling them to
remain in their own homes and communities by supporting projects
and activities carried out in a manner consistent with the
principles of respect for individual dignity, personal
responsibility, and self-determination. Additionally, ILCs
support the pursuit of meaningful careers, based upon informed
choice of individuals with disabilities. An ILC is a
consumer-centered, community-based, non-residential, private
non-profit entity that is designed and operated within a local
community by individuals with disabilities. Currently
California has 28 ILCs which serve approximately 100,000
California residents.
AB 204: In 1979, the State of California passed AB 204 (Bates),
Chapter 191, Statutes of 1979, which authorized the Department
of Rehabilitation to provide each ILC with $235,000 annually,
with the exception of the three specific ILCs discussed in this
bill, as they were already receiving large funding grants from
the federal government.
Federally Funded ILCs: In 1984, three ILCs, Independent Living
Center of Kern County (ILCKC), Disability Resource Agency for
Independent Living (DRAIL), and Placer Independent Living
Resources, applied directly for Title VII funding in order to
meet the needs of their consumers. Because these particular
ILCs received funding from the federal government and not the
state, they were subject to the waxing and waning of
Congressional appropriation of funds. The remaining ILCs were
funded by the State (and some federal dollars), and as such
received Cost of Living Adjustments (COLAs) over time such that
there arose funding inequities between ILCs funded by both the
state and ILCs funded solely by the federal government.
Today, DRAIL, ILCKC, and Placer Independent Living Resources are
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among the lowest-funded ILCs in the state, receiving an annual
total in Title VII federal funds of $726,730, $481,750, and
$444,001, respectively. Still, due to initially seeking federal
funds instead of state funds, these three ILCs have larger
federal grants than any other ILC that has since applied for and
received federal funds in order to meet the needs of their
consumers.
Need for this bill: According to the author's office, "By no
fault of their own, these 3 centers have been excluded from
receiving state funding. [This bill] corrects this inequity and
creates parity between all centers improving their ability to
operate and make long lasting positive impacts on the lives of
those they serve."
Staff comments: It has been acknowledged that the ILC system as
a whole is in need of additional funding in order to meet the
needs of its consumers. AB 204 was initially passed in 1979 in
order to provide base funding across the board and ensure
foundational equity among ILCs. In order to ensure equitable
funding across California's 28 ILCs, it has been suggested that
the State of California first consider all federal grants
received by each ILC, and then appropriate State funds according
to the needs of each ILC. While DRAIL, ILCKC and Placer
Independent Living Resources are among the lowest-funded ILCs,
some ILCs do receive less total funding annually, and others
receive similar allocations; all would certainly benefit from
additional funding, be they state or federal dollars. Most
notably, Marin Center for Independent Living has an annual
budget of $398,135, and Tri-County Independent Living Center,
Inc., has an annual budget of $389,380; each of these ILCs
receive the $235,000 state grant, but only receive federal
funding of $69,793 and $68,010, respectively. Should this bill
move forward, the author may wish to consider the effects of
this bill on the remaining ILCs, and seek to address issues of
equity across all 28 centers.
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PRIOR LEGISLATION:
AB 204 (Bates), Chapter 191, Statutes of 1979, provided state
funding to maintain the services offered by existing independent
living centers and encouraged the establishment of new centers
to provide services to individuals with disabilities.
REGISTERED SUPPORT / OPPOSITION:
Support
Bakersfield ARC
California Association of Public Authorities for IHSS
California Foundation for Independent Living Centers (CFILC)
California State Independent Living Council (SILC)
City of Modesto
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Cornelius Financial Group
Court Appointed Special Advocates of Kern County
Disability Resource Agency for Independent Living
Friends Outside
Golden Empire Transit District
Goodwill Industries of South Central California
Housing Authority of the County of Kern
Kern County Board of Supervisors
Kern County Office of the National Multiple Sclerosis
Kern Travel
Knight's Pumping & Portable Services, Inc.
La Perla Market
Mayor Harvey L. Hall, City of Bakersfield
Mental Health Collaborative of Kern County
New Advance for People with Disabilities
Petro-LUD
RENT 1 ONE
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VOICED Coalition
2 individual
Opposition
None on file.
Analysis Prepared by:Kelsy C. Castillo / HUM. S. / (916)
319-2089