BILL ANALYSIS
SB 812
Page 1
SENATE THIRD READING
SB 812 (Ashburn)
As Amended August 16, 2010
Majority vote
SENATE VOTE :36-0
LOCAL GOVERNMENT 9-0 HOUSING 8-0
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|Ayes:|Smyth, Caballero, |Ayes:|Torres, Arambula, |
| |Arambula, Bradford, | |Bradford, Eng, Gilmore, |
| |Davis, Knight, Logue, | |Knight, Torlakson, Tran |
| |Solorio, Swanson | | |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Conway, | | |
| |Bradford, Huffman, Coto, | | |
| |Davis, De Leon, Gatto, | | |
| |Hall, Harkey, Miller, | | |
| |Nielsen, Norby, Skinner, | | |
| |Solorio, Torlakson, | | |
| |Torrico | | |
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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)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
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required for individuals with mental retardation, but shall
not include other handicapping conditions that are solely
physical in nature."
2)Provides no reimbursement is required because a local agency
has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of
service mandated by this measure.
EXISTING LAW :
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, farm workers, 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 Assembly Appropriations
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Committee, there are unknown, probably moderate costs (ranging
from a few thousand dollars to low tens of thousands of dollars
for larger agencies) to local governments to expand analyses in
their housing elements to cover housing needs of developmentally
disabled individuals, not reimbursable.
COMMENTS : This bill 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.
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.
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.
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Opposition Arguments: The League of California Cities writes
that this 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 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.
SB 1330 (Committee on Judiciary) and AB 2762 (Committee on
Housing and Community Development) also amend the same code
section as this bill. These bills will need to be amended to
avoid chaptering out issues.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN: 0006083