BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1392
                                                                  Page  1

          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

               SB 1392 (Pavley and Rubio) - As Amended:  June 14, 2012 

          Policy Committee:                              Human 
          ServicesVote:6 - 0 

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill shifts the revenue for the lease of real property on 
          the grounds of a state developmental center (DC) determined to 
          no longer meet the needs of the state for directly serving 
          persons with developmental disabilities from the General Fund 
          into the newly created Californians with Developmental 
          Disabilities Fund (DD Fund).

           FISCAL EFFECT  

          1)When current leases expire, this bill could divert 
            approximately $1.25 million per year in state revenue from the 
            GF to the DD Fund.  

          2)This bill could potentially prevent these properties from 
            being used for another state purpose or being identified as 
            surplus, thereby reducing potential surplus property sales 
            revenue by an unknown, but significant amount.  Revenue from 
            surplus property sales is used to pay off the state's Economic 
            Recovery Bonds. 

           COMMENTS  

           1)Purpose  . This bill would permit DC property no longer needed 
            to directly serve people with developmental disabilities to be 
            leased, rather than sold, and thereby continue to be made 
            available as a funding stream.  The revenue generated would be 
            deposited into the DD Fund, created by this bill.

            As state-owned and operated DCs no longer meet the needs of 
            the state for directly serving persons with disabilities, the 








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            residents move to various community-based programs better 
            designed to meet their needs and help them achieve their 
            goals. The authors note that often the resources to pay for 
            these services, housing or support must come from already 
            stressed existing resources. 

            The authors point out that, under current law, when a DC no 
            longer meets the needs of the state and is closed, it is 
            declared state surplus property and is put up for sale.  The 
            proceeds of the sales pay off state debt.  However, the 
            authors argue that because a full range of services and 
            supports for the residents who move from a state developmental 
            center remain the responsibility of DDS under the Lanterman 
            Act it is not accurate to say that there are no ongoing needs. 
             The needs must simply be met in different and perhaps more 
            diverse locations than is the case with an institutional 
            setting.

           2)Developmental Centers  . The following seven properties would be 
            subject to the requirements of this bill:

             "    Agnews State Hospital
             "    Camarillo State Hospital (CSU Channel Islands)
             "    Stockton State Hospital (CSU Stanislaus)
             "    Fairview State Hospital
             "    Lanterman State Hospital
             "    Porterville State Hospital
             "    Sonoma State Hospital

            The Agnews property has been declared surplus and portions of 
            the property have already been sold. The balance is in the 
            process of being sold. The Camarillo and Stockton properties 
            were statutorily transferred to the California State 
            University Trustees. The remaining four properties are under 
            the control of DDS, are occupied, and have existing leases 
            with revenues going to the General Fund. There are a total of 
            18 leases on the properties generating approximately $1.25 
            million annually, on the four DDS properties and the Agnews 
            property.

            As noted above, three of the seven DCs referenced in this bill 
            have been closed. Four remaining DCs are licensed and 
            federally certified as Nursing Facility, Intermediate Care 
            Facility/Developmentally Disabled (ICF/DD) and acute care 
            hospitals.  One smaller state-operated facility is licensed as 








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            an ICF/DD.  These facilities provide an array of services and 
            supports for individuals who have been determined to be in 
            need of a secure environment, or who have special medical 
            and/or behavioral program needs. 

            Currently, the five state-operated institutions are budgeted 
            to serve 1,533 persons with developmental disabilities in 
            2012-13.  The average cost of serving an individual in the 
            state-operated facilities is estimated to rise in 2012-13 to 
            greater than $364,000 per person, while the average cost in 
            the community housing alternatives, according to the authors, 
            is approximately $125,000 per person.  There are now 
            approximately 1,700 people still residing in the state's DCs. 



           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081