BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
812 (Ashburn)
Hearing Date: 05/18/2009 Amended: 05/04/2009
Consultant: Mark McKenzie Policy Vote: T&H 10-0
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BILL SUMMARY: SB 812 would require the housing element to
include an analysis of the special housing needs of persons with
autism spectrum disorders (ASDs). The bill would also require
the Department of Housing and Community Development (HCD), in
cooperation with the Department of Developmental Services (DDS),
to report to the Legislature on the housing needs of persons
diagnosed with an ASD.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
DDS housing needs analysis Unknown, perhaps $100-$200
annually General
HCD report $50-$100 General
Mandate Unknown, moderate costs to local Local/
governments. Unlikely to be
reimbursable. General
----------see staff
comments----------
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
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
schedule, cities and counties located in more urban areas revise
their housing elements every eight years, while rural local
governments are on a five year schedule. A housing element must
identify and analyze existing and projected housing needs,
identify adequate sites with appropriate zoning to meet its fair
share of the regional housing need, and ensure that regulatory
systems provide opportunities for, and do not unduly constrain,
housing development. HCD reviews both draft and adopted housing
elements to determine whether or not they are in substantial
compliance with the law.
DDS currently provides community-based services to approximately
243,000 persons with developmental disabilities and their
families through a statewide system of 21 regional centers, four
developmental centers, and two community-based facilities. ASD
is the fastest growing developmental disability in California,
and within the next decade the state is projected to face a
massive influx of persons with ASD who want to live
independently. Currently, approximately 6,000 adults with a
diagnosis of ASD receive services from DDS. In the next five
years, more than 4,000 teenagers diagnosed with ASD will reach
adulthood. By 2018, the number of adults with an ASD diagnosis
who are receiving services from DDS is expected to grow to
19,000. This bill is intended to identify some of the
particular needs of this population so that local governments
can ensure the provision of adequate and appropriate housing for
persons with ASD.
Page 2
SB 812 (Ashburn)
SB 812 would require cities and counties to include within the
housing needs assessment portion of their housing elements an
analysis of the special housing needs of persons diagnosed with
an ASD. In assessing the needs of persons with ASDs, the local
government would consult with local regional centers, the Area
Board on Developmental Disabilities, and other relevant
stakeholders. This bill would also require HCD, in cooperation
with DDS, to report to the Legislature on the housing needs of
persons diagnosed with an ASD who receive services from either
DDS or a regional center. Staff recommends an amendment to
specify a due date for the report.
HCD indicates that costs to prepare the report would be in the
range of $50,000 to $100,000. DDS is unable to provide specific
cost information at this time, but notes that costs would be
incurred to provide specific data analysis on the ASD
population, determine what the special needs are for these
individuals, and coordinate with local governments through the
regional centers. Staff estimates these costs would be in the
range of $100,000 to $200,000 annually.
Legislative Counsel has keyed SB 812 as a state-mandated local
program by requiring additional information to be included in
the housing element. Recent decisions by the Commission on
State Mandates (COSM), however, indicate that local governments
may not succeed in filing a test claim for reimbursement for the
higher level of service imposed by this bill. In 2005, the COSM
reversed previous decisions that had provided for reimbursement
to local governments and councils of government (COGs) for the
"Regional Housing Needs Determination" mandate (Statutes of
1980, Chapter 1143), related to housing element requirements.
On reconsideration of the previous decisions, the COSM
determined, in light of statutes enacted and court decisions
rendered since 1980, that previously approved test claims are
not reimbursable because cities, counties, and COGs have fee
authority for this program, citing Government Code Sections
65104, which authorizes local entities to establish fees to
support the work of the planning agency, and 65584.1, which
allows a city or county to charge a fee to recover costs
incurred by a COG in distributing regional housing needs. In
light of these decisions, staff notes that the COSM would
probably not approve a claim for reimbursement related to SB 812
because local entities have the authority to charge fees for
planning costs, including costs associated with housing element
requirements. If a successful claim were filed, however, costs
would likely be relatively minor for each agency to comply with
the requirements of this bill.