Bill Text: CA SB1178 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Developmental disabilities: housing.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB1178 Detail]
Download: California-2013-SB1178-Amended.html
Bill Title: Developmental disabilities: housing.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB1178 Detail]
Download: California-2013-SB1178-Amended.html
BILL NUMBER: SB 1178 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2014
AMENDED IN SENATE MARCH 25, 2014
INTRODUCED BY Senator Correa
FEBRUARY 20, 2014
An act to add Section 4688.7 to the Welfare and Institutions Code,
relating to developmental disabilities, and making an
appropriation therefor. disabilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1178, as amended, Correa. Developmental disabilities: housing.
Under existing law, the State Department of Developmental Services
contracts with private nonprofit regional centers to provide
services and supports to persons with developmental disabilities.
Existing law authorizes the department to receive and approve
proposals from regional centers to provide, secure, or ensure the
full payment of a lease on housing, excluding adult residential
facilities for persons with special health care needs.
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 department, and would continuously appropriate all
moneys in that fund to the department, thereby making an
appropriation. departm ent and to consist
of, among other things, moneys saved from transitioning individuals
with developmental disabilities from an institution to housing in the
community. The bill would require the department to
distribute moneys in the fund to the Department of Housing and
Community Development and to regional centers, to be used for
specified purposes, including to create community-based housing
options for individuals with developmental disabilities and to
establish housing opportunities for individuals with developmental
disabilities who are at risk of housing displacement. The bill would
require the department to develop guidelines to assist the Department
of Housing and Community Development and regional centers in use of
moneys received from the fund. 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: 2/3 majority . Appropriation:
yes 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 displacement.
SECTION 1. 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) "Bridge funding" means temporary rental assistance used to
help individuals with developmental disabilities afford integrated
housing in the community while waiting for permanent assistance,
including, but not limited to, assistance from the Housing Choice
Voucher program or wages earned by the individual through competitive
employment that allows him or her to pay unsubsidized rent.
(2) "Community residence" means a group home, supervised
apartment, or other type of individual or shared living environment
that provides housing and treatment or specialized services needed to
assist individuals with developmental disabilities live in a
community setting.
(1) "Community support services" means the services and supports
identified in subdivision (b) of Section 4512.
(3)
(2) "Department" means the Department of
Developmental Services. Housing and Community
Development.
(4)
(3) "Fund" means the California Developmental
Disabilities Community Support Housing Fund.
(5) "Permanent supportive housing" means a range of permanent
housing options, including, but not limited to, apartments,
condominiums, townhouses, single- and multi-family homes, single-room
occupancy housing, shared living, and supportive living arrangements
that provide access to on- or off-site supportive services for
individuals with developmental disabilities.
(6) "Project sponsor" means an individual, partnership,
corporation, limited liability company, association, or governmental
entity to which the Department of Housing and Community Development
has made, or proposes to make, a loan or a grant to finance a special
needs housing project.
(7) "Special needs housing project" means a housing development,
or portion of a housing development, that is used as permanent
supportive housing or a community residence.
(8) "Transition funding" means the payment of limited,
nonrecurring costs that may be incurred as part of a rental
agreement, including, but not limited to, rental deposits, storage or
transportation costs, and utility fees.
(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.
Notwithstanding Section 13340 of the Government Code, the fund is
hereby continuously appropriated to the department for the purposes
set forth in this section.
(c) The fund shall consist of all of the following:
(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 a developmental center, 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 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 is placed
in the community, multiplied by the number of consumers who are
deflected from admission to an institution.
(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.
(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.
(C) The Department of Finance, or the other state agency
designated by the Department of Finance, shall work with the
Department of Social 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 the lease leases
of developmental center facilities.
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 shall distribute moneys in the fund, in its
discretion, to the Department of Housing and Community Development
and to regional centers to be expended for the following purposes:
(1) To fund capital costs for community residences, special needs
housing projects, permanent supportive housing, and other types of
licensed and unlicensed housing models, including, but not limited
to, shared housing, in order to provide appropriate and affordable
housing opportunities for individuals with developmental
disabilities.
(2) To create community-based housing options for individuals with
developmental disabilities.
(3) To expand and leverage existing resources for affordable
housing and integrated community placement of individuals with
developmental disabilities.
(4) To establish housing opportunities for individuals with
developmental disabilities who are at risk of housing displacement.
(f) (1) The department shall develop guidelines to assist the
Department of Housing and Community Development do the following:
(A) Establish community residences, special needs housing
projects, permanent supportive housing, and other types of housing
models for individuals with developmental disabilities through new
construction and rehabilitation and preservation of existing
permanent and transitional housing.
(B) Loan or grant moneys for expenses reasonably incurred by a
project sponsor in connection with the acquisition, construction,
improvement, or rehabilitation of property that is or will be used
for a special needs housing project, including, but not limited to,
the costs and expenses of engineering, inspection, planning, legal,
financial, or other professional services; the funding of appropriate
reserves to address the anticipated future capital needs of a
special needs housing project; and the administrative,
organizational, or other expenses incidental to the finance,
completion, and placement into service of any special needs housing
project.
(2) The department shall develop guidelines to assist regional
centers in providing rental subsidies to individuals with
developmental disabilities, including, but not limited to, bridge
funding and transition funding.
(e) The department 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.
