BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 812
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: ashburn
VERSION: 4/14/09
Analysis by: Mark Stivers FISCAL: yes
Hearing date: April 28, 2009
SUBJECT:
Housing elements and the housing needs of persons with autism
spectrum disorders
DESCRIPTION:
This bill requires cities and counties to assess and address in
their housing elements the housing needs of persons with autism
spectrum disorders and requires the Department of Housing and
Community Development (HCD) to prepare a statewide report on the
housing needs of this population.
ANALYSIS:
Autism spectrum disorders (ASD) represent a range of complex
developmental disabilities that cause problems with social
interaction and communication. Currently, the autism spectrum
disorder includes autistic disorder (typical autism), Asperger
syndrome, and pervasive developmental disorder not otherwise
specified (atypical autism). Symptoms usually start before age
three and can cause delays or problems in many different skills
that develop from infancy to adulthood.
The Planning and Zoning Law requires cities and counties to
prepare and adopt a general plan, including a housing element,
to guide the future growth of a community. Following a
staggered statutory schedule, cities and counties located within
the territory of a metropolitan planning organization (MPO) must
revise their housing elements every eight years, and cities and
counties in rural non-MPO regions must revise their housing
elements every five years. Before each revision, each community
is assigned its fair share of housing for each income category
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through the regional housing needs assessment (RHNA) process. A
housing element must identify and analyze existing and projected
housing needs, including special housing needs of the elderly,
persons with disabilities, large families, farmworkers, families
with female heads of households, and households in need of
emergency shelter. A housing element must also identify
adequate sites with appropriate zoning to meet its share of the
RHNA and ensure that regulatory systems provide opportunities
for, and do not unduly constrain, housing development. Where
the inventory of existing sites is inadequate to meet the RHNA
or where regulatory systems do constrain housing development,
the housing element must contain a program of actions to address
these deficiencies. HCD reviews both draft and adopted housing
elements to determine whether or not they are in substantial
compliance with the law.
This bill requires a city or county, within its housing element
program of actions to address governmental constraints, to
assess and address the housing needs of persons with ASD, in
consultation with local regional centers, the Area Board on
Developmental Disabilities, and other relevant stakeholders.
The bill also requires HCD, with the cooperation of the State
Department of Developmental Services (DDS), to prepare a report
to the Legislature that evaluates and identifies the housing
needs of persons who receive services from either DDS or a
regional center and who have been diagnosed with an ASD.
COMMENTS:
1.Purpose of the bill . According to the author, ASD is the
fastest growing serious developmental disability in
California. Whereas regional centers served 4,700 clients
with ASD in 1993, the number is now 40,000. The cost of
housing for persons with ASD is expensive, typically costing
twice as much as housing for consumers without ASD. With a
growing need, it is critical that the state and local
governments analyze and begin planning to meet this need.
2.Redrafting needed . The intent of this bill is to require
cities and counties to analyze the special housing needs of
persons with ASD and to consult with ASD advocates and service
providers when conducting this analysis. The bill, however,
puts these requirements into the portion of housing element
law requiring a program of actions to address governmental
constraints to new housing development. The bill's provisions
SB 812 (ASHBURN) Page 3
should instead be split between the existing provisions
requiring analysis of other special housing needs and
requiring cities and counties to achieve public participation
in the drafting of the housing element. The committee may
wish to consider amending the bill to place the requirements
in the proper locations.
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
April 22, 2009)
SUPPORT: Housing California
OPPOSED: None received.