BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 885
                                                                  Page  1

          Date of Hearing:   May 20, 2009 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                  AB 885 (Nestande) - As Amended:  April 15, 2009  

          Policy Committee:                              Aging & LTC   
          Vote:        7-0
                        Human Services                        6-0      

          Urgency:     Yes                  State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill establishes a continuous appropriation from the  
          Federal Trust Fund to the California Department of Aging (CDA)  
          for the Area Agencies on Aging (AAA) and to the California  
          Department of Rehabilitation (DOR) for the Independent Living  
          Centers (ILC) in any year in which the state budget is not  
          enacted by July 1. Authorizes the Department of Finance to  
          reduce the applicable Budget Act allocations by the amount paid  
          pursuant to this bill. 

           FISCAL EFFECT  

          1)A continuous appropriation of federal funds to CDA and DOR in  
            years when the state budget has not been enacted by July 1.  
            The 2009-10 budget includes $150 million for CDA and $335  
            million for DOR (Federal Trust Funds). A portion of these  
            federal funds support AAA and ILC, respectively.

          2)This bill and its urgency clause would have minimal impact on  
            the 2009-10 budget year. Due to recent budget actions,  
            California enacted a state budget for 2009-10 earlier this  
            year. 
           
          COMMENTS  

           1)Rationale  . This bill establishes a continuous appropriation to  
            CDA and DOR in the absence of a state budget.  According to  
            the author, service providers face significant pressures when  
            the state fails to enact a budget in a timely manner. To avoid  
            service disruption or delays, some AAA have sought commercial  








                                                                  AB 885
                                                                  Page  2

            loans or lines of credit.  Because state and federal funds may  
            not be used to pay for banking fees or interest, private funds  
            have been used.  This bill is intended to mitigate the risk of  
            local service disruption and to avoid the use of private funds  
            to pay for fees associated with a delayed state budget. 

           2)Background  . Current law establishes CDA as the state agency  
            that administers the federal Older Americans Act and 33 AAA as  
            the local administrators of a wide array of home- and  
            community-based services under the Older Californians Act.   
            About 90 % of AAA services are paid from the Federal Trust  
            Fund, while the remaining 10 % are paid from the state General  
            Fund. The DOR provides services to assist individuals with  
            disabilities with employment and independent living. 
           

          3)Related Legislation . Several Assembly and Senate bills  
            establishing continuous appropriations on behalf of CDA and  
            DOR have been introduced in prior years. Most of the measures  
            have been held on the Suspense File of this committee. 


           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081