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AB-192 California Integrated Community Living Program.(2019-2020)

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Date Published: 01/10/2019 09:00 PM
AB192:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 192


Introduced by Assembly Member Mathis

January 10, 2019


An act to add Chapter 16 (commencing with Section 4890) to Division 4.5 of the Welfare and Institutions Code, relating to persons with developmental disabilities, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 192, as introduced, Mathis. California Integrated Community Living Program.
Existing law, the Lanterman Developmental Disabilities Services Act (Lanterman Act), establishes the State Department of Developmental Services, which is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. The Lanterman Act requires the department to enter into contracts with private nonprofit corporations to operate regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities. Under existing law, the state is responsible for developing and implementing a statewide program encouraging the establishment of sufficient numbers and types of living arrangements, both in communities and state hospitals, as necessary, to meet the needs of persons with disabilities.
Existing law establishes the Department of Housing and Community Development (DHCD) in the Business, Consumer Services, and Housing Agency. The DHCD is responsible for administering various housing and home loan programs throughout the state.
This bill would establish the California Integrated Community Living Program in the State Department of Developmental Services. The program would provide deferred payment loans to finance capital and other specified costs for permanent supportive housing for individuals who are regional center clients in order to maximize affordable integrated community living opportunities within communities for people with intellectual and developmental disabilities. The bill would require the department and the DHCD to enter into an interagency agreement to administer the Integrated Community Living Program Fund, which would be created by, and continuously appropriated to the department for the purposes described in, the bill. The bill would prescribe the moneys to be deposited into the fund, including all moneys received by the department through the sale, lease, or other revenue-generating agreement for any state developmental center property, except as specified. The bill would prohibit moneys in the fund from being used to supplant or backfill any existing program budget within either department. By creating a continuously appropriated fund, the bill would make an appropriation. The bill would require the department to convene an advisory committee to advise and assist in establishing funding priorities, with an emphasis on funding priorities for this program, as specified.
This bill would require the DHCD to set forth minimum criteria for developing and administering a competitive application process to award funding for loans under the bill, as specified. The bill would require the DHCD to distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program, as specified. The bill also would require the DHCD to adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, including standards based solely on federal Supplemental Security Income. The bill would require the department and the DHCD to develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within specified program projects, and to stipulate community integration standards for small projects.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 16 (commencing with Section 4890) is added to Division 4.5 of the Welfare and Institutions Code, to read:
CHAPTER  16. California Integrated Community Living Program

4890.
 The California Integrated Community Living Program is established within the department, for the purpose of providing deferred payment loans to finance the capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, of permanent supportive housing for the target population in order to maximize affordable integrated community living opportunities for people with intellectual and developmental disabilities. For purposes of this chapter, “target population” means individuals who are regional center clients.

4891.
 (a) The Integrated Community Living Program Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, to be used for the purposes described in this chapter. All of the following shall be deposited into the fund:
(1) All moneys received by the department through the sale, lease, or other revenue-generating agreement for any state developmental center property, excluding existing revenues associated with the current Harbor Village or Shannon’s Mountain projects.
(2) All other moneys appropriated by the Legislature for purposes of this chapter.
(3) Federal or state grants, or private donations or grants made for the purposes of this chapter.
(b) The department and the Department of Housing and Community Development shall enter into an interagency agreement for the purpose of administering the fund.
(c) Moneys in the fund shall not be used to supplant or backfill any existing program budget within the department or the Department of Housing and Community Development.
(d) No more than 5 percent of moneys in the fund may be used by the departments to cover the costs of administering this chapter.

4892.
 The department shall convene an advisory committee consisting of stakeholders and interest groups to advise and assist in establishing funding priorities, with an emphasis on affordable housing, for this program. The committee shall convene every five years to review funding priorities.

4893.
 (a) The Department of Housing and Community Development shall develop and administer a competitive application process to award funding for loans under this chapter.
(b) In addition to the capital costs described in Section 4890, funding shall be available for operating and rent subsidies to achieve deeper affordability for the target population.
(c) In order to be eligible for funding, a project shall integrate the target population with the general public.
(d) The Department of Housing and Community Development shall distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program that meet the unique needs of individuals living with intellectual and developmental disabilities, including, but not limited to, small multifamily housing projects, small multiunit homes, and modular construction.
(e) The Department of Housing and Community Development shall evaluate applications using, at a minimum, all of the following criteria:
(1) The current supply and demand of affordable community housing opportunities for people with intellectual and developmental disabilities in the region.
(2) The extent to which supported living service and other community-based service providers are available to serve the proposed project location to support successful housing placements.
(3) The extent to which funds are leveraged for capital costs.
(4) The extent to which projects achieve deeper affordability through the use of nonstate project-based rental assistance, operating subsidies, or other funding.
(5) Project readiness.

4894.
 (a) The Department of Housing and Community Development shall adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, which shall include standards based solely on SSI income. For purposes of this chapter, “SSI” means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act.
(b) The department and the Department of Housing and Community Development shall, in consultation with stakeholders, develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within low-income housing tax credit program projects, and to stipulate community integration standards for small projects.