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SB-62 Affordable Senior Housing Act of 2017.(2017-2018)

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Date Published: 07/19/2017 09:00 PM
SB62:v95#DOCUMENT

Amended  IN  Assembly  July 19, 2017
Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  April 19, 2017
Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 62


Introduced by Senator Jackson
(Coauthor: Senator Galgiani)
(Coauthor: Assembly Member Kalra)

December 22, 2016


An act to add Article 8 (commencing with Section 12100.50) to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, relating to state government. An act to add Part 4.6 (commencing with Section 19910) to Division 13 of the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


SB 62, as amended, Jackson. Affordable Senior Housing Act of 2017.

The Economic Revitalization Act establishes the Governor’s Office of Business and Economic Development, also known as “GO-Biz,” within the Governor’s office, under the direct control of a director appointed by the Governor. The act requires GO-Biz to serve as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth and authorizes it to undertake various actions in this capacity.

Existing law establishes the Department of Housing and Community Development and sets forth its powers and duties.
This bill would enact the Affordable Senior Housing Act of 2017, which would establish the Affordable Senior Housing Program within GO-Biz, as part of the Economic Revitalization Act. the jurisdiction of the department. The bill would declare that the purpose of this program is to guide and serve as a catalyst for the development of affordable senior housing dwelling units and supportive care campuses within this state and would require the director of GO-Biz the department to undertake various actions in implementing this program, including establishing and implementing a process for identifying and convening public and private stakeholders, assisting program participants in identifying suitable locations and potential sources of public and private funding for the development of affordable senior housing, obtaining state and local permits, providing guidance on regulatory compliance, and providing information on tax credits and other incentives. The bill would require the director to annually report to the Legislature specified information about the program, as provided. program. The bill would require the department to convene public and private stakeholders that are interested in developing and financing mixed use affordable senior housing and supportive care campuses in order to discuss and identify specified issues. In this regard, the bill would require the director to report to the Legislature by January 1, 2019, on the information learned from the stakeholders. The bill would make the program operative upon the completion of that stakeholder report. The bill would also make various findings and declarations with regard to its provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Part 4.6 (commencing with Section 19910) is added to Division 13 of the Health and Safety Code, to read:

PART 4.6. Affordable Senior Housing Act of 2017

19910.
 (a) The Legislature finds and declares the following:
(1) California baby boomers are turning 65 years of age at the highest rate in the nation, and more than 20 percent of California’s population will be 65 years of age or older by 2030.
(2) Among persons 65 years of age or older, an estimated 70 percent will use long-term services and supports (LTSS).
(3) Persons who are 85 years of age or older are the fastest growing segment of the United States population, and they are four times more likely to need LTSS than persons who are 65 years of age or older but younger than 85 years of age.
(4) People are living longer, and the aging population is increasingly diverse.
(5) A 2015 report by the Senate Select Committee on Aging and Long Term Care, titled “A Shattered System: Reforming Long-Term Care in California: Envisioning and Implementing an IDEAL Long-Term Care System in California,” found that the state’s system of 112 aging and long-term care programs administered by 20 agencies and departments is almost impossible for consumers to navigate.
(6) Other deficiencies of the system include the lack of person-centered care, poor transitions from hospital to home or to other institutions, limited access to a range of services that enable aging in place, deficiency of services and supports in rural areas, limited cultural competency, skilled workforce shortages across a range of disciplines, the lack of uniform data, the lack of a universal assessment tool, and limited caregiver supports.
(7) A recent study by the County of Santa Barbara indicates that there are more than 5,000 people who are 75 years of age or older living on social security alone in the Counties of Santa Barbara, Ventura, and San Luis Obispo.
(8) The Golden Inn and Village development in the County of Santa Barbara was created specifically to address the needs of seniors, and especially orphaned seniors – those who have no one left to care for them – and those in need of affordable housing. The whole tri-county community has benefited from its vibrant, model setting, where seniors and others around them thrive.
(9) The Golden Inn and Village is designed to nurture a neighborhood or extended family-like environment, taking the mixed-use campus model of affordable housing to a new level in independent living, with affordable employee and family housing and a community center and gardens. Affordable staff housing is not typically included in senior care services, nor are supportive services typically integrated into affordable housing campuses. The next phase of the Golden Inn and Village will include assisted living, memory care, adult day care, and hospice, a place where seniors will never have to move again as they age in place.
(10) It is the intent of the Legislature in enacting this section to foster the development of more facilities like Golden Inn and Village and other affordable, inclusive senior housing and supportive care units through a statewide development program.
(b) This part shall be known, and may be cited, as the Affordable Senior Housing Act of 2017.

19911.
 The following definitions shall apply to this part:
(a) “Department” means the California Housing and Community Development Department.
(b) “Director” means the director of the department.

19912.
 (a) (1) The Affordable Senior Housing Program, hereafter referred to in this part as “the program,” is hereby established within the department. The program shall be under the authority of the director.
(2) For the purposes of this part, “affordable senior housing” means housing that is affordable to seniors with any income described in Section 50093.
(b) The purpose of the program is to guide and serve as a catalyst for the development of affordable senior housing and supportive care campuses within this state.
(c) In implementing the program, the director shall do all of the following:
(1) Establish and implement a process for identifying and convening public and private stakeholders, including state housing agencies, local governments, nongovernmental organizations, businesses, and consultants, that are interested in developing and financing affordable senior housing and supportive care campuses within this state.
(2) Take a leadership role among program participants in guiding the development of affordable senior housing and supportive care campuses from initial conception to final completion.
(3) Assist program participants in identifying suitable locations and potential sources of public and private funding, including loans, grants, and other forms of financing, for the development of affordable senior housing.
(4) Assist program participants in obtaining state and local permits, provide guidance on regulatory compliance, and provide information on tax credits and other incentives.
(5) Work cooperatively with local, regional, federal, and other state entities toward attracting, retaining, and helping public and private sector stakeholders develop affordable senior housing and supportive care campuses within this state.
(6) Prioritize affordable senior housing projects that meet one or more of the following criteria:
(A) Provide access to affordable housing and care in a vibrant neighborhood setting.
(B) Provide access to a continuum of services that meet the needs of seniors.
(C) Provide stimulating, positive, and multigenerational relationships.
(D) Provide opportunities for seniors to actively engage and contribute to the community.
(E) Provide housing opportunities that allow seniors to age in place without having to move from their dwelling unit.
(d) (1) Notwithstanding Section 10231.5 of the Government Code, the director shall annually report to the Legislature information concerning the number and location of affordable senior housing and supportive care campuses developed through the program, the categories of stakeholders that participate in the program, and the types of burdens and successes encountered, if any, in developing affordable senior housing projects through the program.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code on or before March 1 annually.
(e) This section shall become operative when the director submits the report described in subdivision (b) of Section 19913.

19913.
 (a) The director shall convene public and private stakeholders, including state housing agencies, local governments, nongovernmental organizations, businesses, and consultants, that are interested in developing and financing mixed use affordable senior housing and supportive care campuses within this state. Among other issues, the director and stakeholders shall, but are not limited to, discussing and identifying all of the following:
(1) Existing mixed-use campus-style developments, including, but not limited to, challenges encountered during their development and initial operation.
(2) Regulatory requirements for developing and operating mixed-used campus-style developments.
(3) Federal, state, and local permit requirements.
(4) Staffing requirements, including, but not limited to, licensed categories, for operating mixed-use campus-style developments.
(5) Funding sources.
(6) Impediments to developing new mixed-use campus-style developments.
(b) (1) The director shall report to the Legislature by January 1, 2019, on the information learned, including, but not limited to, any recommendations that are developed from this research. The director shall also notify the Secretary of State and post a notice on the homepage of the department’s Internet Web site when this report has been submitted for purposes of determining the operative date of Section 19912.
(2) The report shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.Article 8 (commencing with Section 12100.50) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read:
8.Affordable Senior Housing Act of 2017
12100.50.

(a)The Legislature finds and declares the following:

(1)California baby boomers are turning 65 years of age at the highest rate in the nation, and more than 20 percent of California’s population will be 65 years of age or older by 2030.

(2)Among persons 65 years of age or older, an estimated 70 percent will use long-term services and supports (LTSS).

(3)Persons who are 85 years of age or older are the fastest growing segment of the United States population, and they are four times more likely to need LTSS than persons who are 65 years of age or older but younger than 85 years of age.

(4)People are living longer, and the aging population is increasingly diverse.

(5)A 2015 report by the Senate Select Committee on Aging and Long Term Care, titled “A Shattered System: Reforming Long-Term Care in California: Envisioning and Implementing an IDEAL Long-Term Care System in California,” found that the state’s system of 112 aging and long-term care programs administered by 20 agencies and departments is almost impossible for consumers to navigate.

(6)Other deficiencies of the system include the lack of person-centered care, poor transitions from hospital to home or to other institutions, limited access to a range of services that enable aging in place, deficiency of services and supports in rural areas, limited cultural competency, skilled workforce shortages across a range of disciplines, the lack of uniform data, the lack of a universal assessment tool, and limited caregiver supports.

(7)A recent study by the County of Santa Barbara indicates that there are more than 5,000 people who are 75 years of age or older living on social security alone in the Counties of Santa Barbara, Ventura, and San Luis Obispo.

(8)The Golden Inn and Village development in the County of Santa Barbara was created specifically to address the needs of seniors, and especially orphaned seniors – those who have no one left to care for them – and those in need of affordable housing. The whole tri-county community has benefited from its vibrant, model setting, where seniors and others around them thrive.

(9)The Golden Inn and Village is designed to nurture a neighborhood or extended family-like environment, taking the mixed-use campus model of affordable housing to a new level in independent living, with affordable employee and family housing and a community center and gardens. Affordable staff housing is not typically included in senior care services, nor are supportive services typically integrated into affordable housing campuses. The next phase of the Golden Inn and Village will include assisted living, memory care, adult day care, and hospice, a place where seniors will never have to move again as they age in place.

(10)It is the intent of the Legislature in enacting this section to foster the development of more facilities like Golden Inn and Village and other affordable, inclusive senior housing units through a statewide development program.

(b)This article shall be known, and may be cited, as the Affordable Senior Housing Act of 2017.

12100.51.

(a)(1)The Affordable Senior Housing Program, hereafter referred to in this article as “the program,” is hereby created within the Governor’s Office of Business and Economic Development. The program shall be under the authority of the director.

(2)For the purposes of this article, “affordable senior housing” means housing that is affordable to seniors with any income described in Section 50093 of the Health and Safety Code.

(b)The purpose of the program is to guide and serve as a catalyst for the development of affordable senior housing dwelling units within this state.

(c)In implementing the program, the director shall do all of the following:

(1)Establish and implement a process for identifying and convening public and private stakeholders, including state housing agencies, local governments, nongovernmental organizations, businesses, and consultants, that are interested in developing and financing affordable senior housing dwelling units within this state. The director shall take a leadership role among program participants in guiding the development of affordable senior housing dwelling units from initial conception to final completion.

(2)Assist program participants in identifying suitable locations and potential sources of public and private funding, including loans, grants, and other forms of financing, for the development of affordable senior housing.

(3)Assist program participants in obtaining state and local permits, provide guidance on regulatory compliance, and provide information on tax credits and other incentives.

(4)Work cooperatively with local, regional, federal, and other state entities toward attracting, retaining, and helping public and private sector stakeholders develop affordable senior housing dwelling units within this state.

(5)Prioritize affordable senior housing projects that meet one or more of the following criteria:

(A)Provide access to affordable housing and care in a vibrant neighborhood setting.

(B)Provide access to a continuum of services that meet the needs of seniors.

(C)Provide stimulating, positive, and multigenerational relationships.

(D)Provide opportunities for seniors to actively engage and contribute to the community.

(E)Provide housing opportunities that allow seniors to age in place without having to move from their dwelling unit.

(d)(1)The director shall annually report to the Legislature information concerning the number and location of affordable senior housing dwelling units developed through the program, the categories of stakeholders that participate in the program, and the types of burdens and successes encountered, if any, in developing affordable senior housing projects through the program.

(2)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795.