Amended in Senate May 5, 2014

Amended in Senate April 10, 2014

Amended in Senate March 25, 2014

Senate Bill No. 1178

Introduced by Senator Correa

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(Coauthors: Senators Beall, DeSaulnier, and Pavley)

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February 20, 2014

An act to add Section 4688.7 to the Welfare and Institutions Code, relating to developmental disabilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 1178, as amended, Correa. Developmental disabilities: housing.

Existing law establishes the Multifamily Housing Program, under the administration of the Department of Housing and Community Development, to provide financial assistance in the form of a deferred payment loan to fund projects for, among other things, the development and construction of new transitional or rental housing developments.

Existing law establishes the Predevelopment Loan Program, under the administration of the Department of Housing and Community Development, to make predevelopment loans and land purchase loans to eligible sponsors for use in developing assisted housing for occupancy primarily by persons of low income.

This bill would establish the California Developmental Disabilities Community Support Housing Fund, to be administered by the begin delete department and to consist of, among other things, end delete begin insert department. The bill would require specified moneys to be paid into the fund, including, among others, end insert moneys saved from transitioning individuals with developmental disabilities from an institution to housing in the community. The bill would require the begin delete department end delete begin insert department, in collaboration and consultation with the State Department of Developmental Services and end insert begin insert regional centers, end insert to expend moneys in the fund, upon appropriation by the Legislature, to develop housing through the Multifamily Housing Program and the Predevelopment Loan Program for individuals with developmental disabilities.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares that the
purpose of this act is to develop and provide community-based
housing for individuals with developmental disabilities by
accomplishing the following:

(a) Creating community-based housing options, including shared
housing, for individuals with developmental disabilities.

(b) Expanding and leveraging existing resources for affordable
housing and integrated community placement of individuals with
developmental disabilities.

(c) Establishing housing opportunities for individuals with
developmental disabilities who are at risk of housing begin delete displacement. end delete
begin insert displacement, which includes a consumer whose individual
program plan identifies that he or she is at risk of housing
displacement and may include, but is not limited to, a consumer
who resides in jail, who is placed in an inappropriate level of care,
who resides in substandard housing, or who can no longer afford
the cost of his or her current housing. end insert

SEC. 2.  

Section 4688.7 is added to the Welfare and Institutions
Code, to read:

4688.7.  

(a) For the purposes of this section, the following
terms have the following meanings:

(1) “Community support services” means the services and
supports identified in subdivision (b) of Section 4512.

(2) “Department” means the Department of Housing and
Community Development.

(3) “Fund” means the California Developmental Disabilities
Community Support Housing Fund.

(4) “Institution” means a developmental center, a mental health
facility, including, but not limited to, a facility that provides acute
inpatient psychiatric care and an institution for mental disease, and
a skilled nursing facility.

(b) The California Developmental Disabilities Community
Support Housing Fund is hereby established within the State
Treasury.

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(c) The fund shall consist of all of the following:

end delete begin insert

(c) The following moneys shall be paid into the fund:

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(1) (A) Moneys saved from transitioning individuals with
developmental disabilities from an institution to housing in the
community and from preventing the institutionalization of
individuals with developmental disabilities.

(B) The Department of Finance, or another state entity
designated by the Department of Finance, shall annually determine
the amount of the moneys identified in subparagraph (A) by
calculating the sum of the following:

(i) The average annual cost of providing services to a consumer
who resides in begin delete a developmental center, end delete begin insert an end insert begin insert institution, end insert less the
average annual cost of providing community support services to
a consumer who begin delete is end delete begin insert has been end insert placed in the community begin insert from a
developmental center in the last 10 years end insert , multiplied by the number
of consumers who have transitioned from an institution to housing
in the community in the preceding fiscal year.

(ii) (I) The average annual cost of providing services to a
consumer who resides in an institution, less the average annual
cost of providing community support services to a consumer who
begin delete is end delete begin insert has been end insert placed in the community begin insert from a developmental center
in the last 10 years end insert , multiplied by the number of consumers who
begin delete are end delete begin insert were end insert deflected from admission to an institution begin insert in the preceding
fiscal year end insert .

(II) For the purposes of this clause, a consumer is deflected from
admission to an institution if his or her individual program plan
establishes that he or she has complex service needs and requires
additional community support services to remain housed in the
community and avoid admission to an institution or placement
with an out-of-state service.

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(iii) (I) The average annual cost of providing services to a
consumer who resides in an institution, less the average annual
cost of providing community support services to a consumer who
is placed in the community, multiplied by the number of consumers
who are at risk of housing displacement.

(II) For the purposes of this clause, a consumer is at risk of
housing displacement if his or her individual program plan
identifies that he or she is at risk of housing displacement and may
include, but is not limited to, a consumer who resides in jail, who
is placed in an inappropriate level of care, who resides in
substandard housing, or who can no longer afford the cost of his
or her current housing.

end delete

(C) The Department of Finance, or the other state agency
designated by the Department of Finance, shall work with the begin insert State end insert
Department of begin delete Social end delete begin insert Developmental end insert Services, regional centers,
and other entities, as appropriate, to obtain the data necessary to
make the determination identified in subparagraph (B).

(2) Moneys earned from leases of developmental center facilities
entered into after the effective date of this section.

(3) Notwithstanding Section 16305.7 of the Government Code,
interest and dividends on moneys deposited in the fund pursuant
to this section.

(4) Any other moneys transferred to the fund.

(d) The fund shall be administered by the department.

(e) The department begin insert , in collaboration and consultation with the
State Department of Developmental Services and end insert begin insert regional centers, end insert
shall expend moneys in the fund, upon appropriation by the
Legislature, to develop housing through the Multifamily Housing
Program (Chapter 6.7 (commencing with Section 50675) of Part
2 of Division 31 of the Health and Safety Code) and the
Predevelopment Loan Program (Chapter 3.5 (commencing with
Section 50530) of Part 2 of Division 31 of the Health and Safety
Code) for individuals with developmental disabilities.