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SB-1178 Developmental disabilities: housing.(2013-2014)

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Amended  IN  Senate  May 05, 2014
Amended  IN  Senate  April 10, 2014
Amended  IN  Senate  March 25, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 1178


Introduced by Senator Correa
(Coauthors: Senators Beall, DeSaulnier, and Pavley)

February 20, 2014


An act to add Section 4688.7 to the Welfare and Institutions Code, relating to developmental disabilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 1178, as amended, Correa. Developmental disabilities: housing.
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 to consist of, among other things, department. The bill would require specified moneys to be paid into the fund, including, among others, moneys saved from transitioning individuals with developmental disabilities from an institution to housing in the community. The bill would require the department department, in collaboration and consultation with the State Department of Developmental Services and regional centers, to 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: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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. displacement, which includes a consumer whose 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.

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) “Community support services” means the services and supports identified in subdivision (b) of Section 4512.
(2) “Department” means the Department of Housing and Community Development.
(3) “Fund” means the California Developmental Disabilities Community Support Housing Fund.
(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.

(c)The fund shall consist of all of the following:

(c) The following moneys shall be paid into the fund:
(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, an institution, less the average annual cost of providing community support services to a consumer who is has been placed in the community from a developmental center in the last 10 years, 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 has been placed in the community from a developmental center in the last 10 years, multiplied by the number of consumers who are were deflected from admission to an institution in the preceding fiscal year.
(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 State Department of Social Developmental 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 leases of developmental center 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, in collaboration and consultation with the State Department of Developmental Services and regional centers, 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.