BILL NUMBER: AB 324	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 1, 2009
	AMENDED IN SENATE  AUGUST 24, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 28, 2009

INTRODUCED BY   Assembly Member Beall
   (Principal coauthor: Assembly Member Yamada)
   (Principal coauthor: Senator Liu)
   (Coauthors: Assembly Members Bonnie Lowenthal, Ma, and Salas)
   (Coauthors: Senators Hancock, Wiggins, Wolk, and Yee)

                        FEBRUARY 18, 2009

   An act to amend, repeal, and add Sections 9100 and 9400 of, and to
add and repeal Sections 9009 and 9400.5 of, the Welfare and
Institutions Code, relating to aging  , and making an
appropriation therefor  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 324, as amended, Beall. Aging: Elder Economic Security Standard
Index.
   Existing law, the Mello-Granlund Older Californians Act, creates
the California Department of Aging, with prescribed duties, including
the development of the state plan on aging.
   This bill would require the department to report data from the
Elder Economic Security Standard Index (Elder Index), as defined, for
each service area included in the state plan.
   Existing law requires each area agency on aging to create a plan
for its planning and service area that considers available data and
population trends, assesses the need for services, identifies sources
of funding for services, and develops and implements a plan for the
delivery of services based on the need.
   This bill would also require that the plan utilize the Elder
Index, specify the cost of meeting basic needs for elders in each
planning and service area, and identify which elders are living at or
below the Elder Index, as prescribed.
   This bill would request that the University of California take the
necessary actions to update the Elder Index and provide it to area
agencies on aging for purposes of developing the area plans. This
bill would establish the California Elder Economic Security Standard
Index Fund, to be composed of private donations  , which
would be continuously appropriated   . This bill would,
upon appropriation by the Legislature, allocate moneys in the fund
 to the department for its administrative costs and for
allocation to the University of California for purposes of updating
the Elder Index, as specified. The bill would require the Director of
Finance to determine, in writing, whether sufficient funds are
available for the costs of updating the Elder Index, as specified.
The area agencies on aging would not be required to develop the
specified plan requirements if the University of California declines
to update the Elder Index.
   This bill would repeal the provisions of this bill on the date
that the Director of Finance determines that sufficient moneys from
private donations are not available in the fund for expenditure for
purposes of updating the Elder Index.
   Vote: majority. Appropriation:  yes   no
 . Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9009 is added to the Welfare and Institutions
Code, to read:
   9009.  (a) "Elder Economic Security Standard Index" means an index
that quantifies the costs that elders face in meeting their basic
needs, including, but not limited to, food, shelter, health care,
transportation, utilities, and essential household items, in the
private market. It is derived by applying the existing publicly
available methodology, developed by Wider Opportunities for Women and
the Gerontology Institute at the University of Massachusetts,
Boston, to publicly available data sources on the costs to live in
each county of the state.
   (b) This section shall remain in effect only until the date that
Section 9400.5 is repealed, and as of that date is repealed.
  SEC. 2.  Section 9100 of the Welfare and Institutions Code is
amended to read:
   9100.  (a) There is in the Health and Welfare Agency the
California Department of Aging.
   (b) The department's mission shall be to provide leadership to the
area agencies on aging in developing systems of home- and
community-based services that maintain individuals in their own homes
or least restrictive homelike environments.
   (c) In fulfilling its mission, the department shall develop
minimum standards for service delivery to ensure that its programs
meet consumer needs, operate in a cost-effective manner, and preserve
the independence and dignity of aging Californians. In accomplishing
its mission, the department shall consider available data and
population trends in developing programs and policies, collaborate
with area agencies on aging, the commission, and other state and
local agencies, and consider the views of advocates, consumers and
their families, and service providers. The department shall also
report the Elder Economic Security Standard Index data for each
service area in its state plan.
   (d) The minimum standards for its programs shall ensure that the
system meets all of the following requirements:
   (1) Have the flexibility to respond to the needs of individuals,
their families and caregivers.
   (2) Provide for consumer choice and self-determination.
   (3) Enable consumers to be involved in designing and monitoring
the system.
   (4) Be equally accessible to diverse populations regardless of
income, consistent with existing state and federal law.
   (5) Have consistent statewide policy, with local control and
implementation.
   (6) Include preventive services and home- and community-based
support.
   (7) Have cost containment and fiscal incentives consistent with
the delivery of appropriate services at the appropriate level.
   (e) This section shall remain in effect only until the date that
Section 9400.5 is repealed, and as of that date is repealed.
  SEC. 3.  Section 9100 is added to the Welfare and Institutions
Code, to read:
   9100.  (a) There is in the Health and Welfare Agency the
California Department of Aging.
   (b) The department's mission shall be to provide leadership to the
area agencies on aging in developing systems of home- and
community-based services that maintain individuals in their own homes
or least restrictive homelike environments.
   (c) In fulfilling its mission, the department shall develop
minimum standards for service delivery to ensure that its programs
meet consumer needs, operate in a cost-effective manner, and preserve
the independence and dignity of aging Californians. In accomplishing
its mission, the department shall consider available data and
population trends in developing programs and policies, collaborate
with area agencies on aging, the commission, and other state and
local agencies, and consider the views of advocates, consumers and
their families, and service providers.
   (d) The minimum standards for its programs shall ensure that the
system meets all of the following requirements:
   (1) Have the flexibility to respond to the needs of individuals,
their families and caregivers.
   (2) Provide for consumer choice and self-determination.
   (3) Enable consumers to be involved in designing and monitoring
the system.
   (4) Be equally accessible to diverse populations regardless of
income, consistent with existing state and federal law.
   (5) Have consistent statewide policy, with local control and
implementation.
   (6) Include preventive services and home- and community-based
support.
   (7) Have cost containment and fiscal incentives consistent with
the delivery of appropriate services at the appropriate level.
   (e) This section shall become operative on the date that Section
9400.5 is repealed.
  SEC. 4.  Section 9400 of the Welfare and Institutions Code is
amended to read:
   9400.  (a) The Legislature hereby declares and recognizes the area
agencies on aging to be the local units on aging in California that
are supported from an array of sources, including federal funding
largely through the federal Older Americans Act (42 U.S.C. Sec. 3001,
et seq.), state and local government assistance, the private sector,
and individual contributions for services.
   (b) Area agencies on aging shall operate in compliance with the
Older Americans Act and applicable regulations.
   (c) Each area agency on aging shall maintain a professional staff
that is supplemented by volunteers, governed by a board of directors
or elected officials, and whose activities are reviewed by an
advisory council consisting primarily of older individuals from the
community.
   (d) (1) Each area agency on aging shall create a plan that
considers available data and population trends, assesses the needs
for services provided under this division reflective of the community
needs, identifies sources for funding those services, and develops
and implements a plan for delivery of those services based on those
needs. Each plan shall include developing area home- and
community-based systems of care that maintain individuals in their
own homes or least restrictive environment, providing better access
to these services through information and referral, outreach, and
transportation, and advocating for the elderly on local, state, and
national levels.
   (2) Each plan shall utilize the Elder Economic Security Standard
Index, specify the costs of meeting basic needs for elders in each
planning and service area, and identify which elders are living at or
below the Elder Economic Security Standard Index. The requirements
of this paragraph shall be implemented only upon receipt by the area
agencies on aging of the updated Elder Economic Security Standard
Index pursuant to Section 9400.5.
   (e) Area agencies on aging shall function as the community link at
the local level for development of home- and community-based
services provided under the department's programs.
   (f) The area agencies on aging shall implement subdivision (b) of
Section 9100 at the local level, with particular emphasis on
coordinating with the local systems to enable individuals to live out
their lives with maximum independence and dignity in their own homes
and communities through the development of comprehensive and
coordinated systems of home- and community-based care. Nothing in
this division shall preclude local determination and designation of
service coordinators other than area agencies on aging, for
development and implementation of the long-term care integration
pilot projects set forth in Article 4.05 (commencing with Section
14139.05) of Chapter 7 of Part 3 of Division 9.
   (g) In fulfilling their mission, area agencies on aging shall
build upon the resources and the commitment unique to each community
and shall be guided by a 10-point description of a community-based
system that shall do all of the following:
   (1) Have a visible focal point of contact where anyone can go or
call for help, information, or referral on any aging issue.
   (2) Provide a range of service options.
   (3) Ensure that these options are readily accessible to all older
individuals, whether independent, semi-independent, or totally
dependent, no matter what their income.
   (4) Include a commitment of public, private, and voluntary
resources committed to supporting the system.
   (5) Involve collaborative decisionmaking among public, private,
voluntary, religious, and fraternal organizations, as well as older
individuals and consumers in the community.
   (6) Offer special help or targeted resources for the most
vulnerable older individuals, those in danger of losing their
independence.
   (7) Provide effective referral from agency to agency to ensure
that information or assistance is received, no matter how or where
contact is made in the community.
   (8) Evidence sufficient flexibility to respond with appropriate
individualized assistance, especially for the vulnerable older
individuals.
   (9) Have a unique character that is tailored to the specific
nature of the community.
   (10) Be directed by leaders in the community who have the respect,
capacity, and authority necessary to convene all interested persons
to assess needs, design solutions, track overall success, stimulate
change, and plan community responses for the present and for the
future.
   (h) This section shall remain in effect only until the date that
Section 9400.5 is repealed, and as of that date is repealed.
  SEC. 5.  Section 9400 is added to the Welfare and Institutions
Code, to read:
   9400.  (a) The Legislature hereby declares and recognizes the area
agencies on aging to be the local units on aging in California that
are supported from an array of sources, including federal funding
largely through the federal Older Americans Act (42 U.S.C. Sec. 3001,
et seq.), state and local government assistance, the private sector,
and individual contributions for services.
   (b) Area agencies on aging shall operate in compliance with the
Older Americans Act and applicable regulations.
   (c) Each area agency on aging shall maintain a professional staff
that is supplemented by volunteers, governed by a board of directors
or elected officials, and whose activities are reviewed by an
advisory council consisting primarily of older individuals from the
community.
   (d) Each area agency on aging shall create a plan that considers
available data and population trends, assesses the needs for services
provided under this division reflective of the community needs,
identifies sources for funding those services, and develops and
implements a plan for delivery of those services based on those
needs. Each plan shall include developing area home- and
community-based systems of care that maintain individuals in their
own homes or least restrictive environment, providing better access
to these services through information and referral, outreach, and
transportation, and advocating for the elderly on local, state, and
national levels.
   (e) Area agencies on aging shall function as the community link at
the local level for development of home- and community-based
services provided under the department's programs.
   (f) The area agencies on aging shall implement subdivision (b) of
Section 9100 at the local level, with particular emphasis on
coordinating with the local systems to enable individuals to live out
their lives with maximum independence and dignity in their own homes
and communities through the development of comprehensive and
coordinated systems of home- and community-based care. Nothing in
this division shall preclude local determination and designation of
service coordinators other than area agencies on aging, for
development and implementation of the long-term care integration
pilot projects set forth in Article 4.05 (commencing with Section
14139.05) of Chapter 7 of Part 3 of Division 9.
   (g) In fulfilling their mission, area agencies on aging shall
build upon the resources and the commitment unique to each community
and shall be guided by a 10-point description of a community-based
system that shall do all of the following:
   (1) Have a visible focal point of contact where anyone can go or
call for help, information, or referral on any aging issue.
   (2) Provide a range of service options.
   (3) Ensure that these options are readily accessible to all older
individuals, whether independent, semi-independent, or totally
dependent, no matter what their income.
   (4) Include a commitment of public, private, and voluntary
resources committed to supporting the system.
   (5) Involve collaborative decisionmaking among public, private,
voluntary, religious, and fraternal organizations, as well as older
individuals and consumers in the community.
   (6) Offer special help or targeted resources for the most
vulnerable older individuals, those in danger of losing their
independence.
   (7) Provide effective referral from agency to agency to ensure
that information or assistance is received, no matter how or where
contact is made in the community.
   (8) Evidence sufficient flexibility to respond with appropriate
individualized assistance, especially for the vulnerable older
individuals.
   (9) Have a unique character that is tailored to the specific
nature of the community.
   (10) Be directed by leaders in the community who have the respect,
capacity, and authority necessary to convene all interested persons
to assess needs, design solutions, track overall success, stimulate
change, and plan community responses for the present and for the
future.
   (h) This section shall become operative on the date that Section
9400.5 is repealed.
  SEC. 6.  Section 9400.5 is added to the Welfare and Institutions
Code, to read:
   9400.5.  (a) The University of California is hereby requested to
take the necessary actions to update the Elder Economic Security
Standard Index and provide it to the area agencies on aging for
purposes of developing the area plan required by subdivision (d) of
Section 9400.
   (b) (1) The department may accept voluntary contributions, in cash
or in-kind, for allocation to the University of California to pay
for the costs of updating the Elder Economic Security Standard Index
that will be used to develop the elements of the area plan required
by paragraph (2) of subdivision (d) of Section 9400. These private
donations shall be deposited into the California Elder Economic
Security Standard Index Fund, which is hereby created  in the
State Treasury, which, notwithstanding Section 13340 of the
Government Code, is hereby continuously appropriated to the 
 in the State Treasury. The moneys in the fund, upon
appropriation by the Legislature, shall be allocated to the 
department for administrative costs, as provided for in subdivision
(c), and for allocation to the University of California for purposes
of updating the Elder Economic Security Standard Index that will be
used by the area agencies on aging to develop the elements of the
area plan, required by paragraph (2) of subdivision (d) of Section
9400.
   (2) No state funds shall be used for purposes of updating the
Elder Economic Security Standard Index. In addition, the department
shall not apply for grants or solicit private funds in order to pay
for the costs of updating the Elder Economic Security Standard Index.

   (c) The department's administration costs shall not exceed 5
percent of the moneys in the California Elder Economic Security
Standard Index Fund. Any costs incurred by the department pursuant to
this section prior to the deposit of moneys into the fund shall 
, subject to an appropriation by the Legislature for this purpose,
 be reimbursed to the department from moneys in the fund.
   (d) (1) Six months prior to the date next immediately following
January 1, 2010, that an area agency on aging is required to submit
the four-year area plan required pursuant to subdivision (d) of
Section 9400 to the department and every four years thereafter, the
Director of Finance shall determine, in writing, whether there are
sufficient moneys from private donations available in the fund for
expenditure for purposes of updating the Elder Economic Security
Standard Index. If sufficient moneys are available  and an
appropriation has been made by the Legislature for this purpose 
, then the department shall allocate the moneys in the fund to the
University of California to pay for the costs of updating the Elder
Economic Security Standard Index.
   (2) If the University of California declines to update the Elder
Economic Security Standard Index pursuant to this section, then the
area agencies on aging shall not be required, for purposes of
creating that four-year area plan, to comply with paragraph (2) of
subdivision (d) of Section 9400.
   (3) If the Director of Finance determines that sufficient moneys
are not available, then the amount in the fund shall be immediately
distributed to the contributors and the fund shall cease to exist
thereafter.
   (4) The Director of Finance shall submit a copy of his or her
determination made pursuant to this subdivision to the Chief Clerk of
the Assembly and to the Secretary of the Senate.
   (e) This section shall remain in effect only until the date that
the Director of Finance determines, pursuant to paragraph (3) of
subdivision (d), that sufficient moneys from private donations are
not available in the fund for expenditure for purposes of updating
the Elder Economic Security Standard Index, and as of that date is
repealed.
  SEC. 7.  Nothing in this act shall be construed to mandate changes
in the current funding allocations to area agencies on aging made
pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of
Section 9112 of the Welfare and Institutions Code.
  SEC. 8.  Nothing in this act shall be construed, based on the use
of the Elder Economic Security Standard Index, to affect means-tested
programs administered through the Mello-Granlund Older Californians
Act.