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AB-2025 Elders Living with Dignity, Empathy, Respect, and Support (ELDERS) Bond Act.(2017-2018)

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Date Published: 03/21/2018 09:00 PM
AB2025:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2025


Introduced by Assembly Member Maienschein

February 05, 2018


An act to add Chapter 9.3 (commencing with Section 9610) to Division 8.5 of the Welfare and Institutions Code, relating to facilities for the elderly. elderly, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds.


LEGISLATIVE COUNSEL'S DIGEST


AB 2025, as amended, Maienschein. Facilities for the elderly. Elders Living with Dignity, Empathy, Respect, and Support (ELDERS) Bond Act.
Existing state and federal law provides for various programs to provide services to elderly persons, as specified.

This bill would express the intent of the Legislature to enact legislation to invest in public-private partnerships to promote the creation or expansion of person-centered, community-based day programs that serve the needs of a broad range of senior citizens.

This bill would provide for submission to the voters of the Elders Living with Dignity, Empathy, Respect, and Support (ELDERS) Bond Act of 2020. The bill would provide that, if enacted by the people, the state would be authorized to issue and sell general obligation bonds in the aggregate amount of $200,000,000. The proceeds of these bonds would be placed in a fund, which would be appropriated to the Controller, without regard to fiscal years, for allocation, at the request of the Treasurer. The bill would provide that money in the fund would be awarded by the California Health Facilities Financing Authority to public or private nonprofit agencies or organizations for the purpose of acquiring, renovating, constructing, or purchasing equipment for specialized day services centers for adults with chronic medical, cognitive, or behavioral health conditions, including, but not limited to, Alzheimer’s disease or related dementia, funding startup costs of eligible facilities, or program expansion of eligible facilities, as specified. The bill would make legislative findings and declarations relating to California’s senior population.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Chapter 9.3 (commencing with Section 9610) is added to Division 8.5 of the Welfare and Institutions Code, to read:
CHAPTER  9.3. Elders Living with Dignity, Empathy, Respect, and Support (ELDERS) Bond Act of 2020
Article  1. General Provisions

9610.
 This chapter shall be known, and may be cited, as the Elders Living with Dignity, Empathy, Respect, and Support (ELDERS) Bond Act of 2020.

9611.
 The Legislature finds and declares all of the following:
(a) California supports the dignity and independence of seniors and persons with disabilities and their choice to live in the most integrated setting appropriate, in their own home or community-based setting, and to be free from unnecessary institutionalization.
(b) In 2016, the Legislative Analyst’s Office reported that seniors represented 13 percent of California’s population, but by 2060 seniors are projected to represent 24 percent, or one in four, of California’s population.
(c) Over this period, the senior population is projected to increase more than twofold, from 5.2 million to 12.2 million, while the population under 65 years of age is projected to grow only 17 percent, from 33.7 million to 39.5 million.
(d) The largest growth of seniors during this period is projected to occur among the population of 85 years of age or older. That number is expected to increase over threefold, from about 700,000 in 2015 to over 2.5 million in 2060. Age is a factor in rates of disability, with persons 85 years of age or older experiencing higher rates of disability than persons 65 to 84 years of age, inclusive.
(e) By 2030, California’s senior population is projected to shift from being majority white to majority nonwhite. Rates of disability vary by race and this projected shift in demographics is likely to have an impact on the number of seniors with disabilities in California.
(f) More than six million adults in California provided informal care for a family member or a friend in 2009. The ratio of working-age Californians to seniors is projected to decrease roughly 50 percent from 2015 to 2060, impacting both formal and informal caregiving availability.
(g) Evidence indicates that informal caregivers face significant negative physical and emotional health outcomes and economic burdens.
(h) In contrast to the explosive growth of seniors and persons with disabilities, over the past decade, long-term services and supports (LTSS) programs and services have been eliminated, closed, or eroded, leaving a majority of California counties without community-based options.
(i) Today, California confronts a crisis of inadequate program capacity and insufficient or deteriorating infrastructure, requiring urgent action to meet the current demand and the projected growth in the population seeking alternatives to institutional care.
(j) It is in California’s interest to invest in a public-private partnership to promote the startup or expansion of person-centered, community-based day programs that serve the needs of a broad range of persons from low to upper-middle incomes, inclusive.
(k) Such investment supports a consumer choice to receive services in his or her own neighborhood, improves quality of life and independence, blends public and personal funds, improves access to affordable care, and avoids significantly higher taxpayer costs associated with nursing home placement.

9612.
 As used in this chapter:
(a) “Acquisition” means obtaining ownership of a property or an existing facility in fee simple or by lease for 10 years or more for use as an eligible facility.
(b) “Authority” means the California Health Facilities Financing Authority described in Part 7.2 (commencing with Section 15430) of Division 3 of Title 2 of the Government Code.
(c) “Bond” means a state general obligation bond issued pursuant to this chapter adopting the provisions of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code).
(d) “Committee” means the Elders Living with Dignity, Empathy, Respect, and Support (ELDERS) Finance Committee established in Section 9616.
(e) “Construction” means building a new facility, including the costs of land acquisition and architectural, local, and state permitting or licensing fees, and engineering fees.
(f) “Eligible facility” means a licensed nonprofit facility, as described in paragraph (2) of subdivision (a) of Section 1502 of, or Chapter 3.3 (commencing with Section 1570) of Division 2 of, the Health and Safety Code, or Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of this code, that is developed to provide specialized day services for adults with complex chronic medical, cognitive, or behavioral health conditions, including, but not limited to, Alzheimer’s disease or related dementia.
(g) “Equipment” means tangible personal property having a useful life of more than two years.
(h) “Fund” means the Elders Living with Dignity, Empathy, Respect, and Support (ELDERS) Bond Act Fund.
(i) “Nonprofit” means a public agency or a nonprofit corporation qualified to do business in California and qualified under Section 501(c)(3) of the Internal Revenue Code.
(j) “Program” means the program established pursuant to Article 4 (commencing with Section 9627).
(k) “Renovation” means the improvement of existing physical structures or facilities that are necessary for cost-effective use as an eligible facility, including restoration, repair, expansion of physical space, code compliance, and all related physical improvements.
(l) “Startup costs” means a one-time capital outlay to fund programs in a newly constructed eligible facility, a one-time capital outlay to fund program expansion in an existing eligible facility, or initial service delivery costs, including personnel costs for a period of up to two years.
(m) “Disadvantaged community” means a community with a median household income less than 80 percent of the statewide average.
(n) “Unserved geographic area” means a community that has either no licensed adult day health care facility or licensed adult day program within one hour driving time, on average, from the proposed facility.
(o) “Program expansion” means redesign of existing space to increase capacity and efficiency, or addition of a new program within an existing facility to be able to serve more individuals.

Article  2. ELDERS Bond Act Fund

9613.
 There is in the State Treasury the Elders Living with Dignity, Empathy, Respect, and Serenity (ELDERS) Bond Act Fund, which is comprised of moneys collected pursuant to the issuance and sale of bonds pursuant to this chapter. The fund is hereby appropriated to the Controller, without regard to fiscal years, for allocation, upon the request of the Treasurer, for the purposes specified in this chapter.

Article  3. Fiscal Provisions

9614.
 (a) Bonds in the total amount of two hundred millions dollars ($200,000,000), or so much thereof as is necessary, not including the amount of any refunding bonds issued in accordance with Section 9624, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable.
(b) The Treasurer shall issue and sell the bonds authorized in subdivision (a) in the amount determined by the authority to be necessary or desirable pursuant to Section 9617. The bonds shall be issued and sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 9617.

9615.
 (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), except subdivisions (a) and (b) of Section 16727 of the Government Code, as amended from time to time, and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter.
(b) For purposes of this chapter, the references to “committee” in the State General Obligation Bond Law shall mean the Elders Living with Dignity, Empathy, Respect, and Support (ELDERS) Finance Committee created in Section 9616, and the references to “board” in the State General Obligation Bond Law shall mean the authority.

9616.
 (a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this chapter, the Elders Living with Dignity, Empathy, Respect, and Support (ELDERS) Finance Committee is hereby created.
(b) The committee consists of the Controller, the Treasurer, the Director of Finance, and a representative of the California Health and Human Services Agency who is appointed by the Secretary of Health and Human Services. Notwithstanding any other law, any member may designate a representative to act as that member in his or her place for all purposes, as though the member were personally present.
(c) The representative of the California Health and Human Services Agency shall serve as chairperson of the committee. A majority of the committee may act for the committee.

9617.
 The committee shall determine, by resolution, whether or not it is necessary or desirable to issue and sell bonds authorized pursuant to this chapter in order to carry out the actions specified in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time.

9618.
 There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum.

9619.
 Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund in the State Treasury, for the purposes of this chapter and without regard to fiscal years, an amount that equals the total of the following:
(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable.
(b) The sum necessary to carry out Section 9621.

9620.
 The authority may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter less any amount withdrawn pursuant to Section 9621. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter, excluding any refunding bonds authorized pursuant to Section 9624, less any amount loaned pursuant to this section and not yet repaid and any amount withdrawn from the General Fund pursuant to Section 9621 and not yet returned to the General Fund. The committee shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the committee in accordance with this chapter.

9621.
 For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this chapter, excluding any refunding bonds authorized pursuant to Section 9624, less any amount loaned pursuant to Section 9620 and not yet repaid, and any amount withdrawn from the General Fund pursuant to this section and not yet returned to the General Fund. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund from proceeds received from the sale of bonds for the purpose of carrying out this chapter.

9622.
 All moneys deposited in the fund that are derived from premium and accrued interest on bonds sold pursuant to this chapter shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except those amounts derived from premium may be reserved and used to pay the cost of bond issuance prior to any transfer to the General Fund.

9623.
 Pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), the cost of bond issuance shall be paid out of the bond proceeds, including premium, if any. To the extent the cost of bond issuance is not paid from premiums received from the sale of bonds, these costs shall be shared proportionally by each program funded through this chapter by the applicable bond sale.

9624.
 The bonds issued and sold pursuant to this chapter may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds.

9625.
 Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.

9626.
 The proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article.

Article  4. Elders Living with Dignity, Empathy, Respect, and Serenity (ELDERS) Award Program

9627.
 (a) The authority shall make awards from funds derived from this bond act to public agencies or nonprofit organizations for the acquisition, renovation, construction, start-up costs, program expansion of eligible facilities, or purchase of equipment for eligible facilities designed to serve adults with chronic medical, cognitive, or behavioral health conditions, including, but not limited to, Alzheimer’s disease or related dementia.
(b) An amount equal to up to 10 percent of the bonds issued pursuant to this chapter may be used to pay the administrative costs of the program.

9628.
 Eligible applicants for funding under this chapter include local government entities or other nonprofit private agencies or organizations. Priority shall be given to qualified applicants in disadvantaged communities or unserved geographic areas.

9629.
 (a) A recipient of a contract for the acquisition or construction of a facility to be used for the purpose described in this chapter shall ensure to the authority that the facility will be used for that purpose for at least 20 years from the date of acquisition.
(b) A recipient of a contract for the renovation or expansion of an existing facility to be used as an eligible facility shall ensure to the authority that the facility will be used for that purpose for the following periods:
(1) Not less than three years from the date the contract terminates, if the amount of the award does not exceed five hundred thousand dollars ($500,000).
(2) If the award exceeds five hundred thousand dollars ($500,000), the fixed period of time shall increase one year for each additional five hundred thousand dollars ($500,000) or part thereof, to a maximum of 15 years.
(c) A recipient of a contract for the construction of a facility to be used for the purpose described in this chapter shall ensure to the authority that the facility will be used for that purpose for at least 20 years after completion of construction.
(d) Construction and renovation projects paid for in whole or in part with funds from bonds issued under this chapter are public works for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

9630.
 (a) The state shall be entitled to recapture a portion of state funds from the owner of a facility, if within 10 years after acquisition or 20 years after completion of construction, either of the following occurs:
(1) The owner of the facility ceases to be a public or private nonprofit agency or organization.
(2) The facility is no longer used for activities specified for eligible facilities.
(b) The amount to be recovered shall be that proportion of the current value of the facility equal to the proportion of state funds contributed to the original cost. The current value of the facility shall be determined by an agreement between the owner of the facility and the state, or by an action in the court in the jurisdiction in which the facility is located.

9631.
 The authority shall seek the advice of stakeholders on the request for proposal and the criteria for reviewing and evaluating the responses.

9632.
 The authority shall adopt policies and guidelines to carry out the purposes of this chapter, and the adoption thereof shall be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 2.

 Section 1 of this act shall take effect upon the adoption by the voters of the Elders Living with Dignity, Empathy, Respect, and Support (ELDERS) Bond Act of 2020, as set forth in that section.
SECTION 1.

It is the intent of the Legislature to enact legislation to invest in public-private partnerships to promote the creation or expansion of person-centered, community-based day programs that serve the needs of a broad range of senior citizens.