BILL ANALYSIS
SB 812
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Date of Hearing: June 16, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
SB 812 (Ashburn) - As Amended: June 10, 2010
SENATE VOTE : 36-0
SUBJECT : Developmental services: housing.
SUMMARY : Requires cities and counties, as part of the housing
element, to do an analysis of any special housing needs of
individuals with developmental disabilities. Specifically, this
bill :
1)Requires cities and counties to include the housing needs of
individuals with developmental disabilities in their analysis
as part of the housing element.
2)Utilizes the definition of "developmental disability" as
defined in the Welfare and Institutions Code 4512 as "a
disability that originates before an individual attains age 18
years, continues, or can be expected to continue,
indefinitely, and constitutes a substantial disability for
that individual. As defined by the Director of Developmental
Services, in consultation with the Superintendent of Public
Instruction, this term shall include mental retardation,
cerebral palsy, epilepsy, and autism. This term shall also
include disabling conditions found to be closely related to
mental retardation or to require treatment similar to that
required for individuals with mental retardation, but shall
not include other handicapping conditions that are solely
physical in nature."
3)Provides that, as of the next planning period commencing after
January 1, 2011, a local government shall obtain, assess, and
analyze appropriate information on the housing needs
of individuals with a developmental disability, as defined,
within the community.
4)Provides for reimbursement to local agencies and school
districts if the Commission on State Mandates determines that
this act contains costs mandated by the state.
EXISTING LAW :
SB 812
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1)Requires each city, county, or city and county to prepare and
adopt a general plan for its jurisdiction that contains
certain mandatory elements, including a housing element.
2)Provides that the housing element shall consist of an
identification and analysis of existing and projected housing
needs and a statement of goals, policies, quantified
objectives, financial resources, and scheduled programs for
the preservation, improvement, and development of housing.
3)Requires cities and counties, as part of the housing element,
to complete an analysis of any special housing needs, such as
those of the elderly, persons with disabilities, large
families, farmworkers, families with female heads of
households, and families and persons in need
of emergency shelter.
4)Provides that the housing element shall include a program
which sets forth a schedule
of actions during the planning period, each with a timeline for
implementation, which may recognize that certain programs are
ongoing, such that there will be beneficial impacts of the
programs within the planning period, that the local government
is undertaking or intends to undertake to implement the
policies and achieve the goals and objectives of the housing
element.
5)Requires the program, in order to make adequate provision for
the housing needs of all economic segments of the community,
to include specified actions, including an inventory
of sites, and requires the program to address specified goals.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill will result in unknown, moderate costs to
local governments. The Senate Appropriations Committee notes
that these costs are unlikely to be reimbursable, based on
recent decisions by the Commission on State Mandates that have
denied local governments reimbursement for higher levels of
service.
COMMENTS :
1)SB 812 requires local governments to undertake a diligent
effort to obtain, assess, and analyze appropriate information
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on the housing needs of individuals with developmental
disabilities, as part of the development of the local
government's housing element. The author notes that data and
information regarding the development disability population is
available through consultation with local regional centers,
the Area Board on Development Disabilities, and other relevant
stakeholders. The bill requires this new duty for local
governments to begin upon the next update of the housing
element beyond January 1, 2011.
2)According to the author, there is a critical lack of
affordable housing in California for individuals with
developmental disabilities, one of the most vulnerable and
economically challenged groups of individuals in California.
The majority of these individuals currently reside with their
parents. The author references a recent white paper
addressing the housing needs of people with developmental
disabilities written by the Association of Regional Center
Agencies, which concluded that presently more than 31,000
consumers need "safe, decent, affordable housing that will
keep families together and people out of institutions." The
author argues that in order to prepare for the housing needs
of tens of thousands of independent young adults with
developmental disabilities who are transitioning into the
community, California will need to accurately assess and
understand the needs of this population.
3)Support Arguments : Housing California, in support, writes
that "currently state and local governments make policy
decisions related to zoning and housing investment without
reliable data on the diverse housing needs of Californians and
how current resources match those needs" and notes that this
bill is a solid first step addressing California's diverse
population. Also, the provisions of the bill will help
address goals of spurring the housing market to produce the
full variety and number of homes needed by California's
diverse population.
Opposition Arguments : The League of California Cities writes
that SB 812 imposes a new mandate on cities when they can
least afford it. The League notes that city planning
departments, in particular, have been affected by staff
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reductions and as a result, local agencies do not have the
resources to implement new planning mandates at this time.
Additionally, the League anticipates that the higher level of
service required by this bill will not constitute a
reimbursable mandate because cities could potentially charge
fees to cover the costs of implementation. This bill could
establish a precedent for other groups with special housing
needs to propose specific consideration without evidence that
their needs for housing differ significantly from other
special-needs populations.
4)SB 1330 (Committee on Judiciary) and AB 2762 (Committee on
Housing and Community Development) also amend the same code
section as SB 812. These bills will need to be amended to
avoid chaptering out issues.
5)This bill is double-referred to the Committee on Housing and
Community Development.
REGISTERED SUPPORT / OPPOSITION :
Support
Alliance of CA Autism Organizations
Association of Regional Center Agencies
Cedars of Marin
Developmental Disabilities Area Board 10
Housing California
Kern Autism Regional Taskforce
Kern Autism Network-Autism Society Chapter in Bakersfield
West Bay Housing Corp
Woven Shade
Opposition
League of CA Cities
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958