BILL ANALYSIS
SB 812
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 812 (Ashburn) - As Amended: June 28, 2010
Policy Committee: Local
GovernmentVote:9-0
Housing and Community Development 8-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires that the special housing needs analyses
currently conducted by cities and counties include specific
analysis of the needs of the developmentally disabled.
FISCAL EFFECT
1)Unknown, probably moderate costs to local governments to
expand analyses in their housing elements to cover housing
needs of developmentally disabled individuals. Added costs are
likely to be modest for individual agencies to the extent they
can rely on information from the Department of Developmental
Services regional centers and other facilities for their
analysis.
2)Although this bill provides for reimbursement to local
agencies if the Commission on State Mandates (CSM) determines
the bill contains state-mandated costs, CSM likely would not
approve a claim for reimbursement because local entities have
the authority to charge fees for planning costs, including
costs associated with housing element requirements.
COMMENTS
1)Background . Existing law requires that each city and county
adopt a general plan for its jurisdiction that contains
certain mandatory elements, including a housing element. The
housing element consists of an identification and analysis of
existing and projected housing needs of the community, and a
statement of goals, policies, quantified objectives, financial
SB 812
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resources, and scheduled programs for the preservation,
improvement, and development of housing. The housing element
is also required to include an analysis of any special housing
needs in the community, 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. This makes it explicit that the analysis
of needs of persons with disabilities should include the needs
of those with a developmental disability, as defined in
Section 4512 of the Welfare and Institutions Code.
2)Rationale . 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 author asserts 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)Opposition. The League of California Cities states that the
bill 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 reductions, and as
a result, local agencies do not have the resources to
implement new planning mandates at this time. Additionally,
the 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.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081