Amended  IN  Assembly  April 22, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1777

Introduced by Assembly Member Levine

February 22, 2019

An act to add Article 12 (commencing with Section 65675) to Chapter 3 of Division 1 of Title 7 of the Government Code, and to add Section 1569.319 to the Health and Safety Code, relating to residential care facilities for the elderly.


LEGISLATIVE COUNSEL'S DIGEST


AB 1777, as amended, Levine. Residential care facilities for the elderly: land use permits. elderly.

Existing law, the Planning and Zoning Law, requires the legislative body of each city and county to adopt a comprehensive, long-term general plan for the physical development of the city or county and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by cities and counties.

Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law requires any person seeking a license for a residential care facility for the elderly to file an application with the department, as specified. A Existing law makes a violation of the act is a crime.

If applying for a land use permit from a legislative body, as defined, this

This bill would require a person licensed to operate a residential care facility for the elderly to disclose to the local agency when applying for a land use permit any violations received from the State Department of Social Services found by the department that meet certain criteria. If a violation is disclosed, the bill would require the legislative body to take certain actions in order for the permitting process to continue for that applicant, as specified. Because the bill would impose new duties on local entities, and because a failure to disclose a violation would be a crime under the act, the bill would impose a state-mandated local program. The bill would make legislative findings and declarations with respect to its provisions. The bill would specify that failure to disclose those violations is not a crime.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

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


SECTION 1.

 Section 1569.319 is added to the Health and Safety Code, to read:

1569.319.
 (a) A person licensed to operate a residential care facility for the elderly that applies for a land use permit shall disclose to the local agency any violations found by the department against any residential care facility for the elderly that is owned, operated, or administered by the applicant relating to the abandonment of a client or facility, or that resulted in serious bodily harm to the client.
(b) Notwithstanding Section 1569.40, failure to disclose violations, as required by subdivision (a), is not a crime.
(c) For purposes of this section, “local agency” means a city, including a charter city, county, or city and county.

SECTION 1.Article 12 (commencing with Section 65675) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
12.Land Use Permits: Residential Care Facilities for the Elderly
65675.

(a)(1)If applying for a land use permit from a legislative body, a residential care facility for the elderly shall disclose any violations received from the State Department of Social Services by any RCFE facilities owned, operated, or administered by the applicant relating to the abandonment of a client or facility, or that resulted in serious bodily harm to the client.

(2)If any violations are disclosed that meet the criteria set forth in paragraph (1), the legislative body shall hold a public hearing to determine whether to allow the applicant to continue the permitting process, subject to criteria established by the legislative body. The legislative body may allow the applicant to continue the permitting process pursuant to a majority vote of the legislative body.

(b)For purposes of this section, the following definitions shall apply:

(1)“Legislative body” means the city council of a city or the board of supervisors of a county or city and county.

(2)“Residential care facility for the elderly” or “RCFE” means a licensed facility defined pursuant to Section 1569.2 of the Health and Safety Code.

SEC. 2.Section 1569.319 is added to the Health and Safety Code, to read:
1569.319.

(a)If applying for a land use permit from a legislative body, a residential care facility for the elderly shall comply with Article 12 (commencing with Section 65675) of Chapter 3 of Division 1 of Title 7 of the Government Code.

(b)For purposes of this section, “legislative body” means the city council of a city or the board of supervisors of a county or city and county.

SEC. 3.

The Legislature finds and declares that transparency of violations with respect to residential care facilities for the elderly is a matter of statewide concern, and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, the changes made by this act apply to all cities and counties, including a charter city or charter city and county.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.