BILL ANALYSIS
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THIRD READING
Bill No: AB 123
Author: Portantino (D), et al
Amended: 3/16/09 in Assembly
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 5-0, 6/9/09
AYES: Liu, Maldonado, Alquist, Runner, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 4/16/09 - See last page for vote
SUBJECT : Housing for elderly or disabled persons
SOURCE : Aging Services of California
DIGEST : This bill exempts from Department of Social
Services (DSS) licensing two additional types of housing:
residences covered by the low income housing tax credit and
Section 8 subsidized housing.
ANALYSIS : Existing law:
1.Establishes the State Department of Social Services (DSS)
setting forth its responsibilities to administer the
Community Care Facilities Act to require specific
facilities to meet prescribed licensing standards.
2.Exempts from community care licensing any housing for
elderly or disabled persons that is approved and operated
CONTINUED
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pursuant to provisions of federal law.
This bill:
1.Exempts from community care licensing two types of
housing: residences covered by the low income housing tax
credit and Section 8 subsidized housing, if it is
occupied by elderly or disabled persons and if supportive
services are made available to residents at their option
and if the supportive services are not provided by the
owner or operator of the facility.
2.Allows the owner or operator of the facility to
coordinate supportive services or to help residents gain
access to supportive services.
Background
AB 2686 (Mazzoni), Chapter 945, Statutes of 1998, exempted
four specified federally subsidized housing programs from
licensure requirements imposed on residential community
care facilities by DSS. The four programs are known as
Section 202, Section 811, Section 236 and Section
221(d)(3). These programs are operated by the U.S.
Department of Housing and Community Development. The
housing is federally insured or receives mortgage
assistance. In these exempted facilities, supportive
services may be made available to residents at their
option, "as long as the project owner or operator does not
contract for or provide the supportive services." However,
the owner or operator "may coordinate, or help residents
gain access to, the supportive services, either directly,
or through a service coordinator." Thus, the operator of
the housing does not directly provide or contract for the
supportive services and, therefore, is not subject to
licensing requirements applicable to community care
facilities. The housing operators are, however, subject to
federal rules and regulations governing the housing
programs.
This bill adds two additional housing categories to the
list of exemptions: (1) the Low Income Housing Tax Credit
(LIHTC), under 26 U.S.C. Sec. 42, and (2) Section 8
subsidized housing, under 42 U.S.C. Sec. 1437f. The same
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criteria applicable to the exemptions to the original four
federal housing programs also apply to those added by this
bill, that is, the project owner does not provide or
contract for supportive services, but may coordinate or
help residents access such services through a service
coordinator.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee, this
bill will bring "minor savings to the state from reduced
regulatory costs."
SUPPORT : (Verified 6/19/09)
Aging Services of California (source)
Albert Einstein Residence Center
Alhambra Retirement Community
American Federation of State, County and Municipal
Employees
Andres Duarte Terrace
Association of Regional Center Agencies
California Alliance for Retired Americans
California Association of Public Authorities
Cambrian Center
Casa de la Paloma
Castle Argyle Senior Housing Residents
Center for Elders' Independence
Community Resource for Independent Living
Congress of California Seniors
Covenant Manor
EAH (Nonprofit Housing Corporation)
Episcopal Home Communities
Eskaton Jefferson Manor
Gold Country Retirement Community Center
Judson Terrace Homes
Kent Gardens Senior Community
L. C. Hotchkiss Terrace
La Mirada Vistas
Lytton Gardens Senior Communities
Northern California Presbyterian Homes and Services
Park Paseo
PEP Housing
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Pilgrim Place
Pioneer House
Pleasanton Gardens
Retirement Housing Foundation
Saint John Manor
Satellite Housing
Southern California Presbyterian Homes
St. Paul's Senior Homes and Services
Sycamore Terrace
William C. Arthur Terrace
ARGUMENTS IN SUPPORT : According to Aging Services of
California, "nearly one-third of all units developed
through the [LIHTC] program in this state are occupied by
seniors. According to [DHCD], one out of every four units
of public housing this state is occupied by someone over
the age of 62. Expanding the current exemption to include
these two additional types of affordable housing will help
to ensure that a greater number of seniors are able to age
in place."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Carter, Conway, Cook, Coto, Davis, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nestande, Niello,
Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Saldana, Silva, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico,
Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Tom Berryhill, Caballero, Charles
Calderon, Chesbro, De La Torre, Fuller, Huber, Mendoza,
Nava, Skinner
CTW:nl 6/23/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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