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AB-452 Radioactive materials: federal regulation.(2013-2014)

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AB452:v98#DOCUMENT

Amended  IN  Assembly  March 12, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 452


Introduced by Assembly Member Brown

February 19, 2013


An act to amend Section 1505 of the Health and Safety Code, relating to community care facilities. Sections 114975, 114985, 115000.1, 115060, 115061, and 115080 of, and to add Section 114986 to, the Health and Safety Code, relating to radioactive materials.


LEGISLATIVE COUNSEL'S DIGEST


AB 452, as amended, Brown. Community care facilities: exceptions. Radioactive materials: federal regulation.
(1) The Radiation Control Law requires the State Department of Public Health to regulate the use and control of radiologic materials. A violation of the Radiation Control Law, or a regulation adopted pursuant to that law, is a misdemeanor. The federal Atomic Energy Act of 1954, as amended, authorizes the Nuclear Regulatory Commission to enter into agreements with the governor of a state providing for discontinuance of certain regulatory authority of the commission with respect to byproduct materials, source materials, and special nuclear materials in quantities not sufficient to form a critical mass.
This bill would provide that with certain exceptions the regulations, adopted by the Nuclear Regulatory Commission in effect on January 1, 2014, are deemed to be the regulations of this state and adopted pursuant to the Radiation Control Law, if the regulations, among other things, are required by federal law or regulation to be adopted by an agreement state in an essentially identical manner. The bill would provide for the adoption of future federal regulations, including amendment thereto, if the department finds the regulations meet that criteria. The bill would require the department to adopt regulations that it determines are necessary for the administration and enforcement of the adopted federal regulations. The bill would also prohibit the department from adopting regulations that are determined by the Nuclear Regulatory Commission, or its successor, to address areas of regulation that cannot be relinquished to agreement states.
The bill would also make conforming changes and delete obsolete provisions and erroneous references.
Since a violation of the regulations adopted pursuant to the law is a crime, the bill would impose a state-mandated local program.
(2) 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 no reimbursement is required by this act for a specified reason.

Existing law requires a license issued by the State Department of Health Care Services to operate a community care facility. Existing law defines “community care facility” as any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Existing law exempts certain entities from regulation as community care facilities.

This bill would exempt overnight shelters for unaccompanied youth or homeless youth, as defined, from the provisions regulating community care facilities.

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

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


SECTION 1.

 Section 114975 of the Health and Safety Code is amended to read:

114975.
 Rules and regulations adopted under this chapter shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and Sections 25733 and Section 114920 of this code.

SEC. 2.

 Section 114985 of the Health and Safety Code is amended to read:

114985.
 As used in this chapter:
(a) “Secretary” means the Secretary of the Natural Resources Agency.
(b) “Ionizing radiation” means gamma rays and X-rays; alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.
(c) “Person” means any individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, the United States Department of Energy, or any successor thereto to those entities, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, under prime contract to the United States Department of Energy, or any successor thereto.
(d) “Byproduct material” means any radioactive material, except special nuclear material, yielded in, or made radioactive by exposure to the radiation incident to, the process of producing or utilizing special nuclear material.
(e) “Source material” means (1) uranium, either of the following:
(1) Uranium, thorium, or any other material which that the department declares by rule to be source material after the United States Nuclear Regulatory Commission, or any successor thereto to that commission, has determined the material to be such; or (2) ores source material.
(2) Ores containing one or more of the foregoing materials described in paragraph (1), in such a concentration as that the department declares by rule to be source material after the United States Nuclear Regulatory Commission, or any successor thereto to that commission, has determined the material in such that concentration to be source material.
(f) “Special nuclear material” means (1) plutonium, either of the following:
(1) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which that the department declares by rule to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto to that commission, has determined the material to be such special nuclear material, but that does not include source material; or (2) any.
(2) Any material artificially enriched by any of the foregoing a material described in paragraph (1), but does not include source material.
(g) “General license” means a license, pursuant to regulations promulgated by the department, effective without the filing of an application, to transfer, acquire, own, possess or use quantities of, or devices or equipment utilizing, byproduct, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially.
(h) “Specific license” means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing, byproduct, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially.
(i) “Registration” means the reporting of possession of a source of radiation and the furnishing of information with respect thereto to a source of radiation, in accordance with subdivision (b) of Section 115060.
(j) “Department” means the State Department of Health Services Public Health.
(k) “Director” means the State Director of Health Services Public Health.
(l) “Federal research and development activity” means any an activity of the Secretary of Energy conducted at any a research facility owned or operated by the United States Department of Energy.
(m) “Low-level waste” means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or the byproduct material defined in Section 11(e)(2) of the Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014 (e)(2)). For purposes of this subdivision, the following definitions shall apply:
(1) “High-level radioactive waste” means either of the following:
(A) The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from this liquid waste that contains fission products in sufficient concentrations.
(B) Other highly radioactive material that the Nuclear Regulatory Commission, consistent with existing law, determines by rule requires permanent isolation.
(2) “Spent nuclear fuel” means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.
(3) “Transuranic waste” means any a waste containing more than 100 nanocuries of alpha emitting transuranic nuclides with half-life greater than five years per gram of waste material.
(n) “Mammogram” means an X-ray image of the human breast.
(o) “Mammography” means the procedure for creating a mammogram.
(p) “Mammography quality assurance” means the detection of a change in X-ray and ancillary equipment that adversely affects the quality of films and the glandular radiation dose, and the correction of this change.
(q) “Mammogram certification” means a certification, issued by the department after registration, that the equipment dedicated to or used for mammography meets the standards prescribed pursuant to this chapter.
(r) “Nuclear Regulatory Commission” means the United States Nuclear Regulatory Commission or its successor.

SEC. 3.

 Section 114986 is added to the Health and Safety Code, to read:

114986.
 (a) For purposes of this section, “agreement state” means a state with which the Nuclear Regulatory Commission has entered into an effective agreement under former Section 274b of the Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 2021(b)), that state ratified as specified in Section 115230.
(b) Except as provided in subdivision (c), a regulation adopted by the Nuclear Regulatory Commission and in effect on January 1, 2014, shall be deemed to be the regulations of this state and adopted pursuant to this chapter if the regulations are any of the following:
(1) The regulations are required by federal law or regulation to be adopted by an agreement state in an essentially identical manner.
(2) An agreement state is required by federal law or regulation to meet the essential objective of that regulation, including, but not limited to, compatibility.
(3) The regulations are identified by the Nuclear Regulatory Commission as having a particular health and safety role, including, but not limited to, adequacy, as determined by the Nuclear Regulatory Commission.
(c) Except as provided in subdivision (d), the regulations adopted by the Nuclear Regulatory Commission, including amendments to those regulations, adopted after January 1, 2014, shall be deemed to be the regulations of the state and adopted pursuant to this chapter, if the department makes one of the findings specified in paragraphs (1) to (3), inclusive, of subdivision (b).
(d) Subdivision (b) and (c) do not apply to any of the following regulations:
(1) A regulation adopted by the Nuclear Regulatory Commission that conflicts with existing state law.
(2) (A) The regulations found in Subpart E (commencing with Section 20.1401) of Part 20 of Chapter I of Title 10 of the Code of Federal Regulations.
(B) Paragraph (A) does not prohibit the department from adopting equivalent regulations in accordance with applicable laws.
(3) The definition of the term “byproduct material,” as provided in the regulations specified in subdivision (b).
(e) A federal regulation adopted pursuant to subdivision (b) shall take effect in this state on the effective date of the federal regulation.
(f) The department shall adopt regulations that it determines are necessary for the administration and enforcement of the regulations adopted pursuant to subdivision (b) or (c).
(g) This section does not authorize and the department shall not adopt regulations determined by the Nuclear Regulatory Commission to address areas of regulation that cannot be relinquished to agreement states pursuant to the Atomic Energy Act of 1954, as amended, or the regulations adopted by the Nuclear Regulatory Commission.

SEC. 4.

 Section 115000.1 of the Health and Safety Code is amended to read:

115000.1.
 (a) For the purposes of this section, the following terms have the following meanings:
(1) “Generate” means to produce or cause the production of, or to engage in an activity which that otherwise results in the creation or increase in the volume of, low-level radioactive waste.
(2) (A) “Generator” means any a person who, by his or her actions, or by the actions of his or her agent, employee, or independent contractor, generates low-level radioactive waste in the state.
(B) For purposes of this section, a person who provides for or arranges for the collection, transportation, treatment, storage, or disposal of low-level radioactive waste generated by others is a generator only to the extent that his or her actions, or the actions of his or her agent, employee, or independent contractor, generate low-level radioactive waste.
(3) “Person” means an individual, partnership, corporation, or other legal entity, including any state, interstate, federal, or municipal governmental entity.
(4) “Waste” means material that is not in use and is no longer useful.
(5) “Generator category” includes, but is not limited to, any of the following:
(A) Nuclear powerplants.
(B) Reactor vendors or designers.
(C) Government.
(D) Medicine.
(E) Academia.
(F) Aerospace.
(G) Military.
(H) Research.
(I) Industrial gauges.
(J) Manufacturing.
(6) “Low-level radioactive waste” or “LLRW” has the same meaning as defined in Article 2 of the Southwestern Low-Level Radioactive Waste Disposal Compact, as set forth in Section 115255.
(7) “Class” means the class of low-level radioactive waste. “Class A”, A, “class B”, B, and “class C” waste are those classes defined in Section 61.55 of Title 10 of the Code of Federal Regulations.
(8) “Licensed LLRW disposal facility” means any of the three disposal facilities located at Barnwell, South Carolina; Clive, Utah; or Richland, Washington, that exist on January 1, 2003.
(b) The department shall, for the protection of public health and safety maintain a file of each manifest from each generator of LLRW that is sent to a disposal facility or to a facility subject to the Southwestern Low-level Radioactive Waste Disposal Compact, as set forth in Article 17 (commencing with Section 115250).
(c) The department shall, for the protection of public health and safety, maintain a file of all LLRW transferred for disposal to a licensed LLRW disposal facility during the reporting period, either directly or through a broker or agent, that shall meet all of the following conditions:
(1) Specify the category of generator, class, quantity by activity, and volume of LLRW, including an estimate of the peak and average quantities in storage, along with the identity of the generator, and the chemical and physical characteristics of that waste, including its half-life, properties, or constituents, and radionuclides present at, or above, the minimum labeling requirements, with their respective concentrations and amounts of radioactivity.
(2) Be updated annually, at minimum, to ensure an accurate and timely depiction of radioactive waste in the state.
(3) Include all of the following information in the file:
(A) The total volume, volume by class, and activity by radionuclide and class.
(B) The types and specifications of individual containers used and the number of each type transferred for disposal.
(C) The maximum surface radiation exposure level on any single container of LLRW transferred, the number of disposal containers that exceed 200 mR/hour, and the volume, class, and activity by radionuclide.
(D) The identification of each licensed LLRW disposal facility to which LLRW was transferred, either directly or through a broker or agent, and the volume and activity by class of LLRW transferred by each broker to each licensed LLRW disposal facility.
(E) The identification of all brokers or agents to which LLRW was transferred and the volume and activity by class of the generator’s LLRW transferred by each broker or agent to each licensed LLRW disposal facility.
(F) The weight of source material by its type. For purposes of this paragraph subparagraph, “type” includes, but is not limited to, natural uranium, depleted uranium, or thorium.
(G) The total number of grams of special nuclear material by radionuclide, and the maximum number of grams of special nuclear material in any single shipment by radionuclide.
(H) As complete a description as practicable of the principal chemical and physical form of the LLRW by volume and radionuclide, including the identification of any known hazardous properties, other than its radioactive property.
(I) For solidified or sorbed liquids, the nature of the liquid, the solidifying or sorbing agent used, and the final volume.
(J) For LLRW containing more than 0.1 percent by weight chelating agents, the identification of the chelating agent, the volume and weight of the LLRW and the weight percentage of chelating agent.
(K) For LLRW that was treated, either by the generator or its agent or independent contractor, in preparation for transfer to a licensed LLRW disposal facility described in paragraph (8) of subdivision (a) for the purpose of reducing its volume or activity by any method, including reduction by storage for decay, or for the purpose of changing its physical or chemical characteristics in a manner other than by solidification or sorption of liquids, the file shall include a description of the treatment process.
(L) The volume, volume by class, and activity by radionuclide and class of that LLRW, if any, that the generator is holding at the end of the annual reporting period because the generator knows or has reason to believe that LLRW will not be accepted for disposal at any of the licensed LLRW disposal facilities. The file shall include a description of this LLRW.
(d) The department shall maintain a file on each generator’s LLRW stored, including specific radionuclides, total volume, volume by class, total activity, and activity by radionuclide and class of LLRW stored for decay and stored for later transfer, including the periods of time for both types of storage.
(e) (1) The department shall prepare an annual report, including a set of tables summarizing data collected from the activities and maintenance of files specified in subdivisions (c) and (d) to the department. These annual data tables shall contain information that summarizes and categorizes, by category, and if applicable, subcategory, of generator and location by county and identity of generator, the nature, characteristics and the total volume, volume by class, total activity and activity by radionuclide and class of LLRW generated, disposed of, treated, transferred, stored for later transfer, and stored for decay during each calendar year.
(2) The department shall note, in the set of tables prepared pursuant to paragraph (1), any generator for which data are lacking.
(f) The department shall make the information described in subdivisions (c) and (d) available to the public in a format that aggregates the information by county. The department shall not make public the identity and location of any site where LLRW is stored or used. The department may combine information from multiple counties if necessary to protect public security. Notwithstanding any other provision of law the department shall not make the report prepared pursuant to subdivision (e) available to the public, and the report is not subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 6 of Title 1 of the Government Code).
(g) The department may make the information described in subdivisions (c) and (d) available upon request to any Member of the Legislature. No Member of the Legislature may disclose the identity or location of any site where LLRW is stored or used to any member of the general public.
(h) To meet the requirements of this section, each generator shall submit to the department the information included in Forms 540, 541, and 542, and any successor forms, of the Nuclear Regulatory Commission, for each LLRW shipment. In addition, for purposes of subparagraph (L) of paragraph (4) (3) of subdivision (c) and subdivision (d), each generator shall annually complete and submit to the department the information included on Forms 540, 541, and 542, and any successor forms, of the Nuclear Regulatory Commission that describe the LLRW stored and shipped by the generator.

SEC. 5.

 Section 115060 of the Health and Safety Code is amended to read:

115060.
 (a) The department shall provide by rule or regulation for general or specific licensing of persons to receive, possess, or transfer radioactive materials, or devices or equipment utilizing these materials. That rule or regulation shall provide for the amendment, suspension, or revocation of licenses.
(b) The department may require registration and inspection of sources of ionizing radiation other than those that require a specific license, and compliance with specific safety standards to be adopted by the department.
(c) The department may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this section when if the department makes a finding that the exemption of these sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public.
(d) Regulations The regulations adopted pursuant to this chapter may provide for recognition of other state or federal licenses as the department may deem desirable, subject to the registration requirements as that the department may prescribe.
(e) The department shall adopt registration and certification regulations for mammography equipment. These regulations shall include, but not be limited to, all of the following requirements:
(1) An X-ray machine used for mammography shall be specifically designed for mammography and inspected by the department, or deemed satisfactory by the department based upon evidence of certification by the American College of Radiology mammography accreditation program, or an accreditation program that the department deems equivalent before it is certified.
(2) That all All persons who have a certificate for mammography equipment shall follow a quality assurance program to be adopted by the department to ensure the protection of the public health and safety.
(3) That quality Quality assurance tests, as determined by the department, are shall be performed on all mammography equipment located in a mobile van or unit after each relocation of the mobile van or unit to a different location for the purpose of providing mammography. This equipment shall be recalibrated if images are not of diagnostic quality as determined by the department. A The department shall maintain and make available for inspection a written record of the location of mobile vans or units with dates and times shall be maintained and available for inspection by the department.
(4) On or after July 15, 1993, all All mammography equipment shall be registered with and certified by the department. If this mammography equipment is certified by a private accreditation organization, the department shall take into consideration evidence of this private certification when deciding to issue a mammogram certification.
(5) All licenses, permits, and certificates issued by the department pursuant to this chapter and the Radiologic Technology Act (Section 27) relating to the use of mammography equipment shall be publicly posted pursuant to this section and regulations adopted by the department.
(f) To further ensure the quality of mammograms, the department shall require all mammogram facilities, other than mobile units or vans, to operate quickly and efficiently so as to ensure that the facilities are able to develop mammograms of diagnostic quality prior to when the patient leaves the facility.

SEC. 6.

 Section 115061 of the Health and Safety Code is amended to read:

115061.
 (a) In order to better protect the public and radiation workers from unnecessary exposure to radiation and to reduce the occurrence of misdiagnosis, the Radiologic Health Branch within the State Department of Public Health Services shall adopt regulations that require personnel and facilities using radiation-producing equipment for medical and dental purposes to maintain and implement medical and dental quality assurance standards that protect the public health and safety by reducing unnecessary exposure to ionizing radiation while ensuring that images are of diagnostic quality. The standards shall require quality assurance tests to be performed on all radiation-producing equipment used for medical and dental purposes.
(b) The Radiologic Health Branch shall adopt the regulations described in subdivision (a) and provide the regulations to the health committees of the Assembly and the Senate on or before January 1, 2008.
(c) For purposes of this section, “medical and dental quality assurance” means the detection of a change in X-ray and ancillary equipment that adversely affects the quality of films or images and the radiation dose to the patients, and the correction of this change.

SEC. 7.

 Section 115080 of the Health and Safety Code is amended to read:

115080.
 (a) (1) Notwithstanding Section 6103 of the Government Code, the department shall provide by regulation a ranking of priority for inspection, as determined by the degree of potentially damaging exposure of persons by ionizing radiation and the requirements of Section 115085, and a schedule of fees, based upon that priority ranking, that shall be paid by persons possessing sources of ionizing radiation that are subject to registration in accordance with subdivisions (b) and (e) of Section 115060, and regulations adopted pursuant thereto to those sections. The
(2) The department may expend the revenues derived from the fees shall be used, together with other funds made available therefor, for the purpose of carrying out any the inspections of the sources of ionizing radiation required by this chapter or the regulations adopted pursuant thereto to this chapter. The fees shall,
(3) The department shall set the fees so that together with any other funds made available to the department, be the amount is sufficient to cover the costs of administering this chapter, and chapter. The fees shall be set in amounts intended to cover the costs of administering this chapter for each priority source of ionizing radiation. Revenues
(4) The revenues generated by the fees shall not offset any general funds appropriated for the support of the radiologic programs authorized pursuant to this chapter, and the Radiologic Technology Act (Section 27), and Chapter 7.6 (commencing with Section 114960). Persons who pay 27). A person that pays fees shall not be required to pay, directly or indirectly, for the share of the costs of administering this chapter of for those persons for whom fees are waived. The
(6) When setting fees, the department shall take into consideration any contract payment from the Health Care Financing Administration for performance of inspections for Medicare certification and shall reduce this fee accordingly.
(b) A local agency participating in a negotiated agreement pursuant to Section 114990 shall be fully reimbursed for direct and indirect costs based upon activities governed by Section 115085. With respect to these agreements, any salaries, benefits, and other indirect costs shall not exceed comparable costs of the department. Any changes in the frequency of inspections or the level of reimbursement to local agencies made by this section or Section 115085 during the 1985–86 Regular Session shall not affect ongoing contracts.
(c) The fees paid by persons possessing sources of ionizing radiation shall be adjusted annually pursuant to Section 100425.
(d) The department shall establish two different registration fees for mammography equipment pursuant to this section based upon whether the equipment is accredited by an independent accrediting agency recognized under the federal Mammography Quality Standards Act (42 U.S.C. Sec. 263b).
(e) The department shall establish fees for followup inspections related to the failure to correct violations of this chapter or regulations adopted pursuant to this chapter. The fees established by the department may be charged for each inspection visit.

SEC. 8.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.
SECTION 1.Section 1505 of the Health and Safety Code is amended to read:
1505.

This chapter does not apply to any of the following:

(a)Any health facility, as defined by Section 1250.

(b)Any clinic, as defined by Section 1202.

(c)Any juvenile placement facility approved by the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or any juvenile hall operated by a county.

(d)Any place in which a juvenile is judicially placed pursuant to subdivision (a) of Section 727 of the Welfare and Institutions Code.

(e)Any child day care facility, as defined in Section 1596.750.

(f)Any facility conducted by and for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend upon prayer or spiritual means for healing in the practice of the religion of the church or denomination.

(g)Any school dormitory or similar facility determined by the department.

(h)Any house, institution, hotel, homeless shelter, or other similar place that supplies board and room only, or room only, or board only, provided that no resident thereof requires any element of care as determined by the director.

(i)Recovery houses or other similar facilities providing group living arrangements for persons recovering from alcoholism or drug addiction where the facility provides no care or supervision.

(j)Any alcoholism or drug abuse recovery or treatment facility as defined in Section 11834.02.

(k)Any arrangement for the receiving and care of persons by a relative or any arrangement for the receiving and care of persons from only one family by a close friend of the parent, guardian, or conservator, if the arrangement is not for financial profit and occurs only occasionally and irregularly, as defined by regulations of the department. For purposes of this chapter, arrangements for the receiving and care of persons by a relative shall include relatives of the child for the purpose of keeping sibling groups together.

(l)(1)Any home of a relative caregiver of children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (d) of Section 309 of the Welfare and Institutions Code.

(2)Any home of a nonrelative extended family member, as described in Section 362.7 of the Welfare and Institutions Code, providing care to children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (d) of Section 309 of the Welfare and Institutions Code.

(3)On and after January 1, 2012, any supervised independent living placement for nonminor dependents, as defined in subdivision (w) of Section 11400 of the Welfare and Institutions Code, who are placed by the juvenile court, supervised by the county welfare department, probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code, and whose placement is approved pursuant to subdivision (k) of Section 11400 of the Welfare and Institutions Code.

(4)A Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, that serves only eligible former foster youth over 18 years of age who have exited from the foster care system on or after their 18th birthday, and that has obtained certification from the applicable county in accordance with subdivision (c) of Section 16522 of the Welfare and Institutions Code.

(m)Any supported living arrangement for individuals with developmental disabilities, as defined in Section 4689 of the Welfare and Institutions Code.

(n)(1)Any family home agency, family home, or family teaching home as defined in Section 4689.1 of the Welfare and Institutions Code, that is vendored by the State Department of Developmental Services and that does any of the following:

(A)As a family home approved by a family home agency, provides 24-hour care for one or two adults with developmental disabilities in the residence of the family home provider or providers and the family home provider or providers’ family, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health.

(B)As a family teaching home approved by a family home agency, provides 24-hour care for a maximum of three adults with developmental disabilities in independent residences, whether contiguous or attached, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health.

(C)As a family home agency, engages in recruiting, approving, and providing support to family homes.

(2)No part of this subdivision shall be construed as establishing by implication either a family home agency or family home licensing category.

(o)Any facility in which only Indian children who are eligible under the federal Indian Child Welfare Act (Chapter 21 (commencing with Section 1901) of Title 25 of the United States Code) are placed and that is one of the following:

(1)An extended family member of the Indian child, as defined in Section 1903 of Title 25 of the United States Code.

(2)A foster home that is licensed, approved, or specified by the Indian child’s tribe pursuant to Section 1915 of Title 25 of the United States Code.

(p)(1)(A)Any housing occupied by elderly or disabled persons, or both, that is initially approved and operated under a regulatory agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage assistance pursuant to Section 221d (3) of Public Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services.

(B)Any housing that qualifies for a low-income housing credit pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or that is subject to the requirements for rental dwellings for low-income families pursuant to Section 8 of Public Law 93-383 (42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled persons, or both, where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services.

(2)The project owner or operator to which paragraph (1) applies may coordinate, or help residents gain access to, the supportive services, either directly, or through a service coordinator.

(q)Overnight shelters for unaccompanied youth, as defined in Section 11434a(6) of Title 42 of the United States Code, or homeless youth, as defined in paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code.

(r)Any similar facility determined by the director.