BILL ANALYSIS
SB 812
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Date of Hearing: June 30, 2010
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
SB 812 (Ashburn) - As Amended: June 28, 2010
SENATE VOTE : 36-0
SUBJECT : Developmental services: housing.
SUMMARY : Requires cities and counties to include an analysis
of the housing needs of the developmentally disabled in the
analysis of special housing needs in their housing elements.
Specifically, this bill :
1)Requires cities and counties to include an analysis of the
housing needs of the developmentally disabled in the analysis
of special housing needs in their housing elements.
2)Utilizes the definition of "developmental disability" from the
Welfare and Institutions Code: "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 for reimbursement to local agencies if the Commission
on State Mandates determines that the bill contains costs
mandated by the state.
EXISTING LAW
1)Requires every city and county to prepare and adopt a general
plan containing seven mandatory elements, including a housing
element (Government Code Sections 65300 and 65302).
2)Requires cities and counties, in their housing elements, to
identify and analyze existing and projected housing needs,
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identify adequate sites with appropriate zoning to meet the
housing needs of all income segments of the community, and
ensure that regulatory systems provide opportunities for, and
do not unduly constrain, housing development (Government Code
Section 65583).
3)Requires the housing element to include 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 (Government Code Section 65583).
FISCAL EFFECT : Unknown
COMMENTS :
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 in California. The majority of these
individuals currently reside with their parents. The author
references a 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 developmentally disabled adults "need safe, decent,
affordable housing that will keep families together and people
out of institutions." The author further states that California
will face a massive influx of individuals with special needs who
will be transitioning into independent community placement
within the next decade, and argues that in order to prepare
communities need to accurately assess and understand the needs
of this population.
SB 812 requires local governments to include in the analysis of
special housing needs within the housing element an analysis of
the needs of the developmentally disabled. Current law already
requires local governments to analyze the housing needs of
individuals with disabilities, but the author contends that the
needs of the developmentally disabled are not adequately being
assessed or documented in this analysis. The author notes that
data and information regarding the developmentally disabled
population is available to local governments through
consultation with local regional centers, the Area Board on
Development Disabilities, and other stakeholders.
Although this bill provides for reimbursement to local agencies
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if the Commission on State Mandates (CSM) determines that the
bill contains state-mandated costs, CSM likely would 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.
Double referred : The Assembly Committee on Rules referred SB
812 to the Committees on Local Government and Housing and
Community Development. The bill passed the Assembly Committee
on Local Government on June 16, 2010, by a vote of 9-0.
REGISTERED SUPPORT / OPPOSITION :
Support
Alliance of California Autism Organizations
The Arc of San Francisco
California Housing Foundation
The Cedars of Marin
Developmental Disabilities Area Board 10
Educate. Advocate.
Housing California
Housing Consortium of the East Bay
Lifehouse
West Bay Housing Corporation
Woven Shade, Inc.
Individual letters (3)
Opposition
League of California Cities
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085