BILL ANALYSIS
AB 123
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Date of Hearing: April 1, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 123 (Portantino) - As Amended: March 16, 2009
Policy Committee: Human
ServicesVote:7 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill expands the types of affordable housing for elderly or
disabled persons that are exempt from licensure by the
Department of Social Services (DSS), under the California
Community Care Facilities Act.
FISCAL EFFECT
Minor savings to the state from reduced regulatory costs.
COMMENTS
1)Purpose . This bill allows residents in certain types of
affordable housing to remain in their residences and have
access to community-based supportive services that might keep
them from having to move into an assisted living environment
or skilled nursing facility.
Under current law, four federally subsidized housing programs
for the elderly and disabled are exempt from the licensure
requirements for residential community care facilities
(RCFEs). This legislation adds two additional federally
subsidized low-income housing programs to that list.
Specifically, the Low Income Housing Tax Credit, under U.S.C.
Section 42, and Section 8 subsidized housing, under U.S.C.
Section 1437f, will now be exempt from state RCFE licensing
requirements.
AB 123
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2)Related Legislation . In 2007, AB 1526 (Lieber) was
substantially similar to this bill. That legislation was
amended to deal with an unrelated subject.
AB 2686 (Mazzoni; Chapter 945, Statutes of 1998) exempted four
specified federal subsidized housing programs from licensure
requirements imposed on community care facilities by DSS. AB
123 adds two additional types of subsidized housing to the
list of exempt facilities.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081