HomeMy WebLinkAboutCITY COUNCIL POSITION ON LEGISLATION PENDING AS RECOMMENDED (22) Council/Agency Meeting Held: .�'
Deferred/Continued to:
AApp oved ❑ nditionall Appro ed ❑ Denied City rk's ign r
Council Meeting Date: 4/16/2007 Department ID Number: AD 07-11
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jill Hardy, Council Member, Chair on behalf of Intergovernmental Relations
Committee Members Councilman Don Hansen and Councilman Keith Bohr
PREPARED BY: Patricia D kus Department Analyst, Sen' a�
ap p y ���
SUBJECT: APPROVE A CITY COUNCIL POSITION ON LEGISLATION PENDING
BEFORE THE FEDERAL, STATE, OR REGIONAL GOVERNMENTS AS
RECOMMENDED BY THE CITY COUNCIL INTERGOVERNMENTAL
RELATIONS COMMITTEE (IRC)
Statement ofissue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Approve a City Council position as recommended by the City Council
Intergovernmental Relations Committee (IRC) on legislation pending before a federal, state, or
regional government, thereby authorizing the Mayor to communicate the city's position to the elected
members of the federal or state legislature, or regional body.
Funding Source: N/A
Recommended Action: Motion to:
1. SUPPORT AB 411 (Emmerson) - Residential Care Facilities, Over Concentration as
introduced
2. SUPPORT AB 823 (Solorio) — Orange County Road Funds, Apportionment of Fuel Tax as
introduced
3. OPPOSE AB 1355 (Houston) - Counties' Sheriff's Duties, Coastline, Harbors, & Inland
Waterways as introduced
4. SUPPORT SB 286 (Dutton) —Transportation Bonds,Prop 1 B, Implementation as introduced
5. OPPOSE SB 303 (Ducheny) Local Government; Housing as amended March 22
6. SUPPORT SB 710 (Dutton) — Welfare & Institutions, Aid to Families. Children Foster Care
Group Homes as introduced
7. SUPPORT SB 1000 (Harman) — Substance Abuse Recovery Maintenance Facilities as
introduced
8. SUPPORT HR 1023 (Meeks) — Repealing Section 511 of the Tax Increase Prevention and
Reconciliation Act of 2005 which would Impose a 3% Withholding Tax on Certain Payments
Made to Vendors by Government Entities as introduced
REQUEST FOR COUNCIL ACTION
MEETING DATE: 4/16/2007 DEPARTMENT ID NUMBER: AD 07-11
Alternative Action(s):
Do not take action on one of the above bills and/or make an alternative city position.
Analysis:
1. SUPPORT AB 411 (Emmerson) - Residential Care Facilities, Over Concentration as
introduced
Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and
regulation of residential care facilities for the elderly by the State Department of Social Services. AB
411 would permit a city or county to submit to the Director of Social Services additional documentation
and evidence regarding the siting of a proposed residential care facility designed for 6 or fewer
residents.
The Intergovernmental Relations Committee is recommending that the City take a position in support
of AB 411.
2. SUPPORT AB 823 (Solorio) — Orange County Road Funds, Apportionment of Fuel Tax as
introduced
Existing law provides for the apportionment by the Controller of a certain portion of gasoline and diesel
fuel excise taxes to each city and county by formula. Existing law also provides for the apportionment
by the Controller of a certain portion of gasoline sales taxes deposited in the Transportation
Investment Fund to each city and county by formula. Existing law requires each county to deposit
funds received from both of these sources in its county road fund for expenditure on county roads, but
authorizes a county board of supervisors to provide aid to a city for city streets from county funds,
including a county's road fund. Existing law requires a city or,county to annually report to the Controller
on its road expenditures from all sources of available revenue. AB 823 would require the County of
Orange to additionally report annually to the Governor Members of the Legislature, the California
Transportation Commission the Southern California Association of Governments, and the Orange
County Transportation Authority regarding the county's expenditures of fuel excise tax and gasoline
sales tax revenues and to identify the surplus of funds from each of those sources that remains
unspent at the end of each fiscal year..
The Intergovernmental Relations Committee is recommending that the City take a position in support
of AB 823.
3. OPPOSE AB 1355 (Houston) - Counties' Sheriff's Duties, Coastline, Harbors. & Inland
Waterways as introduced
Existing law requires each county in this state to have an elected sheriff. The sheriff is required to,
among other things, preserve peace, as specified. Existing law also requires the sheriff of each county
to give all possible aid and assistance to vessels stranded,on its coast, and to the persons on board,
as specified. AB.1355 would specify that the sheriff of each county is the sole and exclusive authority
to provide security and safety for the coastlines harbors, and inland waterways, if any, as specified,
except in counties that prior to July 1 2008 have vested the duties associated with the security and
safety of the county's coastlines harbors and inland waterways to a law enforcement or public safety
entity other than the sheriff.
The Intergovernmental Relations Committee is recommending that the City take a position opposing
AB 1355.
4. SUPPORT SIB 286 (Dutton) —Transportation Bonds, Prop 1 B, Implementation as introduced
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REQUEST FOR COUNCIL ACTION
MEETING DATE: 4/16/2007 DEPARTMENT ID NUMBER: AD 07-11
This bill would require the bond funds for local street and road purposes to be allocated by the
Controller in 2 cycles that cover 4 years, with the 1st cycle of payments to be made to eligible local
agencies not later than January 1, 2008, and the 2nd cycle of payments to be made not later than
January 1, 2010, as specified. The bill would also require the Controller to use the population figures
from the Department of Finance as of January 1, 2007, in making allocations to cities.
The Intergovernmental Relations Committee is recommending that the City take a position in support
of SB 286.
5. OPPOSE SB 303 (Ducheny) Local Government Housing as amended March 22
This bill would require the general plan and each of its elements to encompass a planning and
projection period of at least 20 years, and would require each element, except for the housing
element, updated at least every 10 years.
The League of California Cities is urging cities to oppose this bill because it usurps local control. As a
general rule cities update the general plan and elements based on the local need to do so. Setting
arbitrary deadlines does. This is a significant financial burden on local jurisdictions and a blanket
approach to land use planning. Many cities, such as Huntington Beach, are near buildout. Often it is
not necessary to reevaluate each general plan element as often as 10 years. Local jurisdictions
should not be mandated to embark on unnecessary and costly planning processes; these monies are
better spent on infrastructure improvements, funding housing projects and the specific needs of each
community.
While this bill may be well-intended, it applies a flawed approach that fails to appreciate the spectrum
of issues that affect land availability. Local governments do not need more state mandates; they need
more funding tools to assist with the development of infrastructure in infill areas and the production of
affordable units.
6. SUPPORT SB 710 (Dutton) — Welfare & Institutions, Aid to Families, Children Foster Care
Group Homes as introduced
Existing law, pursuant to the Aid to Families with Dependent Children-Foster Care (AFDC-FC)
program, prohibits the department from establishing a rate for a new program of a new or existing
provider, or for a new program at a new location for an existing provider, unless the provider submits a
recommendation from the host county, the primary placing county, or a regional consortium of counties
that the program is needed in that county, that the provider is capable of effectively and efficiently
operating the program, and that the provider is willing and able to accept AFDC-FC children for
placement who are determined by the placing agency to need the level of care and services that will
be provided by the program. SB 710 would delete the authority for the letter of recommendation to be
issued by the primary placing county or regional consortium of counties thus requiring the letter of
recommendation to be issued only by the host county.
The Intergovernmental Relations Committee is recommending that the City take a position in support
of SB 710.
7. SUPPORT SB 1000 (Harman) — Substance Abuse Recovery Maintenance Facilities as
introduced.
Existing law provides for the licensure, certification, and regulation of alcoholism or drug abuse
recovery or treatment facilities serving adults, administered by the State Department of Alcohol and
Drug Programs. Existing law authorizes the department to conduct site visits to licensed facilities for
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REQUEST FOR COUNCIL ACTION
MEETING DATE: 4/16/2007 DEPARTMENT ID NUMBER: AD 07-11
compliance purposes. Existing law requires the department to grant certification to any alcoholism or
drug abuse recovery or treatment program requesting the certification. Existing law prohibits the
department from levying a fee for certification of nonprofit organizations or local governmental entities
under these provisions. SB.1000 would permit the department to authorize local code enforcement
officials to conduct the site visits. It would also require the department to also administer the licensure,
certification and regulation of adult recovery maintenance facilities, as defined. This bill would delete
the prohibition against levying fees for certification of nonprofit organizations or local governmental
entities. This bill contains other related provisions and other existing laws.
The Intergovernmental Relations Committee is recommending that the City take a position in support
of SB 1000.
8. SUPPORT HR 1023 (Meeks) — Repealing the Imposition of Withholding on Certain
Payments Made to Vendor by Government Entities as introduced
HR 1023 would repeal Section 511 of Tax Increase Prevention and Reconciliation Act of 2005.
Section 511 would require local government, beginning on January 1, 2011, to collect a 3%
withholding tax on payments to certain vendors.
The Intergovernmental Relations Committee is recommending that the City take a position in support
of HR 1023.
Environmental Status: NA
Attachment(s):
DescriptionCity Clerk's
Page Number No.
1. AB 411 (Emmerson) - Residential Care Facilities, Over Concentration
as introduced
2. AB 823 (Solorio) — Orange County Road Funds, Apportionment of Fuel
Tax as introduced
3. AB 1355 (Houston) - Counties' Sheriff's Duties, Coastline, Harbors, &
Inland Waterwa s as introduced
4. SB 286 (Dutton) — Transportation Bonds, Prop 113, Implementation as
introduced
5. SB 303 (Duchen ) Local Government; Housin
6. SB 710 (Dutton) — Welfare & Institutions, Aid to Families, Children
Foster Car Grou Homes as introduced
7. SB 1000 (Harman) — Substance Abuse Recovery Maintenance Facilities
as introduced
8. HR 1023 (Meeks) — Repealing Section 511 of the Tax Increase
Prevention and Reconciliation Act of 2005
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AB 411 Assembly Bill - INTRODUCED Page 1 of 2
BILL NUMBER: AB 411 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Emmerson
(Principal coauthor: Assembly Member Garcia)
(Coauthor: Senator Dutton)
FEBRUARY 16, 2007
An act to amend Section 1520.5 of the Health and Safety Code,
relating to residential facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 411, as introduced, Emmerson. Residential care facilities:
overconcentration.
Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure and regulation of residential
care facilities for the elderly by the State Department of Social
Services.
Existing law permits a city and county to request denial of a
residential care facility license on the basis of overconcentration
of residential care facilities.
This bill would permit a city or county to submit to the Director
of Social Services additional documentation and evidence regarding
the siting of a proposed residential care facility designed for 6 or
fewer residents.
The bill would authorize the director, after review of the
information submitted by a city or county, to suggest that the
applicant consider alternative siting locations.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1520.5 of the Health and Safety Code is amended
to read:
1520.5 . (a) The Legislature hereby declares it to be the policy
of the state to prevent
overconcentration of residential care facilities that impair
the integrity of residential neighborhoods. Therefore, the director
shall deny an application for a new residential care facility license
if the director determines that the location is in a proximity to an
existing residential care facility that would result in
overconcentration.
(b) As used in this section, "overconcentration" means that if a
new license is issued, there will be residential care facilities
-414 ; which are separated by a distance
of 300 feet or less, as measured from any point upon the outside
walls of the structures housing those facilities. Based on special
local needs and conditions, the director may approve a separation
distance of less than 300 feet with the approval of the city or
county in which the proposed facility will be located.
(c) At least 45 days prior to approving any application for a new
residential care facility, the director, or county licensing agency,
shall notify, in writing, the city or county planning
^� authority in which the
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AB 411 Assembly Bill - INTRODUCED Page 2 of 2
located of the proposed location of the facility.
(d) (1) Any city or county may request
denial of the license applied for on the basis of overconcentration
of residential care facilities.
(2) A city or county may submit to the director additional
documentation and evidence regarding the siting of a proposed
facility designed for six or fewer residents. The documentation may
include, but is not limited to, a listing of other state-licensed
residential facilities, unlicensed residential facilities, or other
land uses located in the immediate vicinity of the proposed site.
(3) The director shall review and consider any information
submitted by the city or county pursuant to paragraph (2) . The
director shall make available to the applicant any information
submitted by a city or county pursuant to paragraph (2) so that the
applicant may respond to the concerns raised.
(4) After review of the information submitted by a city or county,
the director may suggest that the applicant consider alternative
siting locations. Nothing in this subdivision shall be interpreted to
alter the rules and regulations governing the standards applied in
approving or denying a license.
(5) This subdivision shall not be interpreted to authorize or
require the director to take an action that would violate the federal
Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et. seq. ) .
(e) Nothing in this section authorizes the director, on the basis
of overconcentration, to refuse to grant a license upon a change of
ownership of an existing residential care facility where there is no
change in the location of the facility.
(f) Foster family homes and residential care facilities for the
elderly shall not be considered in determining overconcentration of
residential care facilities, and license applications for those
facilities shall not be denied upon the basis of overconcentration.
(g) Any transitional shelter care facility as defined
in paragraph (11) of subdivision (a) of Section 1502 ,
shall not be considered in determining overconcentration of
residential care facilities, and license applications for those
facilities shall not be denied upon the basis of overconcentration.
http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0401-0450/ab_411 bill_20070216_introduced.html 3/26/2007
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AB 823 Assembly Bill - INTRODUCED Page 1 of 2
BILL NUMBER: AB 823 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Solorio
FEBRUARY 22, 2007
An act to add Section 2156 to the Streets and Highways Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 823, as introduced, Solorio. Orange County: road funds.
Existing law provides for the apportionment by the Controller of a
certain portion of gasoline and diesel fuel excise taxes to each
city and county by formula. Existing law also provides for the
apportionment by the Controller of a certain portion of gasoline
sales taxes deposited in the Transportation Investment Fund to each
city and county by formula. Existing law requires each county to
deposit funds received from both of these sources in its county road
fund for expenditure on county roads, but authorizes a county board
of supervisors to provide aid to a city for city streets from county
funds, including a county' s road fund. Existing law requires a city
or county to annually report to the Controller on its road
expenditures from all sources of available revenue.
This bill would require the County of Orange to additionally
report annually to the Governor, Members of the Legislature, the
California Transportation Commission, the Southern California
Association of Governments, and the Orange County Transportation
Authority regarding the county's expenditures of fuel excise tax and
gasoline sales tax revenues, and to identify the surplus of funds
from each of those sources that remains unspent at the end of each
fiscal year. The bill would thereby impose a state-mandated local
program. The bill would also make legislative findings and
declarations regarding the authorization for a county to share its
revenues with a city.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The current state formula for distribution of gas tax and
Proposition 42 transportation funds to counties is based 75 percent
on registered vehicles county-wide and 25 percent on unincorporated
area road miles.
(b) Since 2001, the County of Orange has been responsible for
maintaining less than 500 road miles while cities within the County
of Orange are responsible for maintaining over 5,700 road miles.
(c) After a number of city incorporations over the past decades,
the County of Orange now only maintains 7.4 percent of the roadway
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AB 823 Assembly Bill - INTRODUCED Page 2 of 2
network in Orange County.
(d) The County of Orange, as a result of the current state
formula, has a surplus of gas tax and Proposition 42 funds in
reserve, while incorporated cities within Orange County are
experiencing a major backlog of maintenance needs for their city
roads.
(e) The Legislature recognizes that the current state formula for
the distribution of transportation funds may not adequately reflect
the needs of the County of Orange, and that incorporated cities
within the county get a disproportionately low share of revenues
relative to the needs of the cities.
(f) A county is authorized by Article 2 (commencing with Section
1680) of Chapter 9 of Division 2 of the Streets and Highways Code to
share, with cities in the county, motor vehicle fuel excise tax funds
received pursuant to Chapter 3 (commencing with Section 2100) of
Division 3 of the Streets and Highways Code and gasoline sales tax
funds received from the Transportation Investment Fund pursuant to
Section 7104 of the Revenue and Taxation Code and Section 14532 of
the Government Code.
(g) It is the intent of the Legislature to encourage the County of
Orange to work with incorporated cities within the county to improve
city roads by sharing the county's share of gas tax and Proposition
42 funding. Ultimately, improving city roads will translate into the
betterment of the county as a whole.
SEC. 2 . Section 2156 is added to the Streets and Highways Code, to
read:
2156. In addition to the report required by Section 2151, the
County of Orange shall report annually to the Governor, Members of
the Legislature, the California Transportation Commission, the
Southern California Association of Governments, and the Orange County
Transportation Authority regarding the county's expenditures of
motor vehicle fuel excise tax funds received by the county pursuant
to Chapter 3 (commencing with Section 2100) and gasoline sales tax
funds received by the county from the Transportation Investment Fund
pursuant to Section 7104 of the Revenue and Taxation Code and Section
14532 of the Government Code. The report shall identify the surplus
of funds from each of those sources that remains unspent at the end
of each fiscal year.
SEC. 3 . If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0801-0850/ab_823 bill_20070222_introduced.html 3/26/2007
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AB 1355 Assembly Bill - INTRODUCED Page 1 of 2
BILL NUMBER: AB 1355 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Houston
FEBRUARY 23, 2007
An act to add Section 26603 to the Government Code, relating to
counties.
LEGISLATIVE COUNSEL'S DIGEST
AB 1355, as introduced, Houston. Counties: sheriffs ' duties:
coastline, harbors, and inland waterways.
Existing law requires each county in this state to have an elected
sheriff. The sheriff is required to, among other things, preserve
peace, as specified. Existing law also requires the sheriff of each
county to give all possible aid and assistance to vessels stranded on
its coast, and to the persons on board, as specified.
This bill would specify that the sheriff of each county is the
sole and exclusive authority to provide security and safety for the
coastlines, harbors, and inland waterways, if any, as specified,
except in counties that, prior to July 1, 2008, have vested the
duties associated with the security and safety of the county's
coastlines, harbors, and inland waterways to a law enforcement or
public safety entity other than the sheriff.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) Given the importance of protecting against acts of terrorism,
and providing cohesive and unambiguous protection to the citizens of
the state's counties, the security of county coastlines, harbors, and
inland waterways, and the corresponding safety of these vulnerable
state border areas, is of statewide and nationwide concern.
(b) It is the intent of the Legislature that the sheriff of each
county in this state, as the chief law enforcement officer of the
county, shall have the sole and exclusive authority for the security
and safety of the county's coastlines, harbors, and inland waterways.
SEC. 2 . Section 26603 is added to the Government Code, to read:
26603 . (a) Notwithstanding any other provision of law, the
sheriff shall be the sole and exclusive authority to provide security
and safety for the county's coastlines, harbors, and inland
waterways, if any, except in counties that, prior to July 1, 2008,
have vested the duties associated with the security and safety of the
county' s coastlines, harbors, and inland waterways to a law
enforcement or public safety entity other than the sheriff.
(b) Nothing in this section shall preclude a sheriff from granting
authorization for another law enforcement or public safety entity to
provide contract security and safety services along coastlines and
inland waterways within the sheriff 's area or areas of jurisdiction.
This section shall not be construed to cancel or otherwise modify any
agreement, contract, or service arrangement already in place prior
to January 1, 2008.
(c) It is the intent of the Legislature that this section apply to
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AB 1355 Assembly Bill- INTRODUCED Page 2 of 2
all counties in this state, both general law and charter.
(d) For purposes of this section, "coastline" means the boundary
of the state which is described as running in a northwesterly
direction and following the direction of the Pacific Coast to the
42nd degree of north latitude and including all the islands, harbors,
and bays along and adjacent to the coast, as defined in Section 170.
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SB 286 Senate Bill - INTRODUCED Page 1 of 8
BILL NUMBER: SB 286 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Dutton
FEBRUARY 15, 2007
An act to amend Sections 8879.23 and 8879.28 of the Government
Code, relating to transportation bonds.
LEGISLATIVE COUNSEL'S DIGEST
SB 286, as introduced, Dutton. Transportation bonds:
implementation.
Proposition 1B, approved by the voters at the November 2006,
general election, enacts the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Bond Act of 2006, which authorizes the
issuance of $19.925 billion of general obligation bonds for various
transportation purposes, including $2 billion to be allocated by the
Controller to cities and counties, by formula, for local street and
road purposes, subject to appropriation by the Legislature.
This bill would require the bond funds for local street and road
purposes to be allocated by the Controller in 2 cycles that cover 4
years, with the 1st cycle of payments to be made to eligible local
agencies not later than January 1, 2008, and the 2nd cycle of
payments to be made not later than January 1, 2010, as specified. The
bill would also require the Controller to use the population figures
from the Department of Finance as of January 1, 2007, in making
allocations to cities. The bill would make other related changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8879.23 of the Government Code is amended to
read:
8879.23 . The Highway Safety, Traffic Reduction, Air Quality, and
Port Security Fund of 2006 is hereby created in the State Treasury.
The Legislature intends that the proceeds of bonds deposited in the
fund shall be used to fund the mobility, safety, and air quality
improvements described in this article over the course of the next
decade. The proceeds of bonds issued and sold pursuant to this
chapter for the purposes specified in this chapter shall be allocated
in the following manner:
(a) (1) Four billion five hundred million dollars ($4,500, 000,000)
shall be deposited in the Corridor Mobility Improvement Account,
which is hereby created in the fund. Funds in the account shall be
available to the California Transportation Commission, upon
appropriation in the annual Budget Bill by the Legislature, for
allocation for performance improvements on highly congested travel
corridors in California. Funds in the account shall be used for
performance improvements on the state highway system, or major access
routes to the state highway system on the local road system that
relieve congestion by expanding capacity, enhancing operations, or
otherwise improving travel times within these high-congestion travel
corridors, as identified by the department and regional or local
transportation agencies, pursuant to the process in paragraph (3) or
(4) , as applicable.
(2) The commission shall develop and adopt guidelines, by December
1, 2006, including regional programming targets, for the program
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SB 286 Senate Bill - INTRODUCED Page 2 of 8
funded by this subdivision, and shall allocate funds from the account
to projects after reviewing project nominations submitted by the
Department of Transportation and by regional transportation planning
agencies or county transportation commissions or authorities pursuant
to paragraph (4) .
(3) Subject to the guidelines adopted pursuant to paragraph (2) ,
the department shall nominate, by no later than January 15, 2007,
projects for the allocation of funds from the account on a statewide
basis. The department's nominations shall be geographically balanced
and shall reflect the department' s assessment of a program that best
meets the policy objectives described in paragraph (1) .
(4) Subject to the guidelines adopted pursuant to paragraph (2) , a
regional transportation planning agency or county transportation
commission or authority responsible for preparing a regional
transportation improvement plan under Section 14527 may nominate
projects identified pursuant to paragraph (1) that best meet the
policy objectives described in that paragraph for funding from the
account. Projects nominated pursuant to this paragraph shall be
submitted to the commission for consideration for funding by no later
than January 15, 2007.
(5) All nominations to the California Transportation Commission
shall be accompanied by documentation regarding the quantitative and
qualitative measures validating each project's consistency with the
policy objectives described in paragraph (1) . All projects nominated
to the commission for funds from this account shall be included in a
regional transportation plan.
(6) After review of the project nominations, and supporting
documentation, the commission, by no later than March 1, 2007, shall
adopt an initial program of projects to be funded from the account.
This program may be updated every two years in conjunction with the
biennial process for adoption of the state transportation improvement
program pursuant to guidelines adopted by the commission. The
inclusion of a project in the program shall be based on a
demonstration that the project meets all of the following criteria:
(A) Is a high-priority project in the corridor as demonstrated by
either of the following: (i) its inclusion in the list of nominated
projects by both the department pursuant to paragraph (3) and the
regional transportation planning agency or county transportation
commission or authority, pursuant to paragraph (4) ; or (ii) if needed
to fully fund the project, the identification and commitment of
supplemental funding to the project from other state, local, or
federal funds.
(B) Can commence construction or implementation no later than
December 31, 2012 .
(C) Improves mobility in a high-congestion corridor by improving
travel times or reducing the number of daily vehicle hours of delay,
improves the connectivity of the state highway system between rural,
suburban, and urban areas, or improves the operation or safety of a
highway or road segment.
(D) Improves access to jobs, housing, markets, and commerce.
(7) where competing projects offer similar mobility improvements
to a specific corridor, the commission shall consider additional
benefits when determining which project shall be included in the
program for funding. These benefits shall include, but are not
limited to, the following:
(A) A finding that the project provides quantifiable air quality
benefits.
(B) A finding that the project substantially increases the safety
for travelers in the corridor.
(8) In adopting a program for funding pursuant to this
subdivision, the commission shall make a finding that the program is
(i) geographically balanced, consistent with the geographic split for
funding described in Section 188 of the Streets and Highways Code;
(ii) provides mobility improvements in highly traveled or highly
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SB 286 Senate Bill -INTRODUCED Page 3 of 8
congested corridors in all regions of California; and (iii) targets
bond proceeds in a manner that provides the increment of funding
necessary, when combined with other state, local or federal funds, to
provide the mobility benefit in the earliest possible timeframe.
(9) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should, at
a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the
mobility improvements the program is achieving.
(b) one billion dollars ($1, 000, 000,000) shall be made available,
upon appropriation in the annual Budget Bill by the Legislature, to
the department for improvements to State Route 99. Funds may be used
for safety, operational enhancements, rehabilitation, or capacity
improvements necessary to improve the State Route 99 corridor
traversing approximately 400 miles of the central valley of this
state.
(c) Three billion one hundred million dollars ($3, 100,000, 000)
shall be deposited in the California Ports Infrastructure, Security,
and Air Quality Improvement Account, which is hereby created in the
fund. The money in the account shall be available, upon appropriation
by the Legislature and subject to such conditions and criteria as
the Legislature may provide by statute, as follows:
(1) (A) Two billion dollars ($2, 000, 000, 000) shall be transferred
to the Trade Corridors Improvement Fund, which is hereby created. The
money in this fund shall be available, upon appropriation in the
annual Budget Bill by the Legislature and subject to such conditions
and criteria as the Legislature may provide by statute, for
allocation by the California Transportation Commission for
infrastructure improvements along federally designated "Trade
Corridors of National Significance" in this state or along other
corridors within this state that have a high volume of freight
movement, as determined by the commission. In determining projects
eligible for funding, the commission shall consult the trade
infrastructure and goods movement plan submitted to the commission by
the Secretary of Business, Transportation and Housing and the
Secretary for Environmental Protection. No moneys shall be allocated
from this fund until the report is submitted to the commission for
its consideration, provided the report is submitted no later than
January 1, 2007. The commission shall also consult trade
infrastructure and goods movement plans adopted by regional
transportation planning agencies, adopted regional transportation
plans required by state and federal law, and the statewide port
master plan prepared by the California Marine and Intermodal
Transportation System Advisory Council (Cal-MITSAC) pursuant to
Section 1760 of the Harbors and Navigation Code, when determining
eligible projects for funding. Eligible projects for these funds
include, but are not limited to, all of the following:
(i) Highway capacity improvements and operational improvements to
more efficiently accommodate the movement of freight, particularly
for ingress and egress to and from the state's seaports, including
navigable inland waterways used to transport freight between
seaports, land ports of entry, and airports, and to relieve traffic
congestion along major trade or goods movement corridors.
(ii) Freight rail system improvements to enhance the ability to
move goods from seaports, land ports of entry, and airports to
warehousing and distribution centers throughout California, including
projects that separate rail lines from highway or local road
traffic, improve freight rail mobility through mountainous regions,
relocate rail switching yards, and other projects that improve the
efficiency and capacity of the rail freight system.
(iii) Projects to enhance the capacity and efficiency of ports.
(iv) Truck corridor improvements, including dedicated truck
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SB 286 Senate Bill -INTRODUCED Page 4 of 8
facilities or truck toll facilities.
(v) Border access improvements that enhance goods movement between
California and Mexico and that maximize the state's ability to
access coordinated border infrastructure funds made available to the
state by federal law.
(vi) Surface transportation improvements to facilitate the
movement of goods to and from the state's airports.
(B) The commission shall allocate funds for trade infrastructure
improvements from the account in a manner that (i) addresses the
state's most urgent needs, (ii) balances the demands of various ports
(between large and small ports, as well as between seaports,
airports, and land ports of entry) , (iii) provides reasonable
geographic balance between the state's regions, and (iv) places
emphasis on projects that improve trade corridor mobility while
reducing emissions of diesel particulate and other pollutant
emissions. In addition, the commission shall also consider the
following factors when allocating these funds:
(i) "Velocity, " which means the speed by which large cargo would
travel from the port through the distribution system.
(ii) "Throughput, " which means the volume of cargo that would move
from the port through the distribution system.
(iii) "Reliability, " which means a reasonably consistent and
predictable amount of time for cargo to travel from one point to
another on any given day or at any given time in California.
(iv) "Congestion reduction, " which means the reduction in
recurrent daily hours of delay to be achieved.
(C) The commission shall allocate funds made available by this
paragraph to projects that have identified and committed supplemental
funding from appropriate local, federal or private sources. The
commission shall determine the appropriate amount of supplemental
funding each project should have to be eligible for moneys from this
fund based on a project-by-project review and an assessment of the
project's benefit to the state and the program. Except for border
access improvements described in clause (v) of subparagraph (A) ,
improvements funded with moneys from this fund shall have
supplemental funding that is at least equal to the amount of the
contribution from the fund. The commission may give priority for
funding to projects with higher levels of committed supplemental
funding.
(D) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should, at
a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the
mobility and air quality improvements the program is achieving.
(2) One billion dollars ($1, 000, 000, 000) shall be made available,
upon appropriation by the Legislature and subject to such conditions
and criteria contained in a statute enacted by the Legislature, to
the State Air Resources Board for emission reductions, not otherwise
required by law or regulation, from activities related to the
movement of freight along California's trade corridors. Funds made
available by this paragraph are intended to supplement existing funds
used to finance strategies and public benefit projects that reduce
emissions and improve air quality in trade corridors commencing at
the state's airports, seaports, and land ports of entry.
(3) One hundred million dollars ($100, 000, 000) shall be available,
upon appropriation by the Legislature, to the Office of Emergency
Services to be allocated, as grants, for port, harbor, and ferry
terminal security improvements. Eligible applicants shall be publicly
owned ports, harbors, and ferryboat and ferry terminal operators,
which may submit applications for projects that include, but are not
limited to, the following:
(A) video surveillance equipment.
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SB 286 Senate Bill - INTRODUCED Page 5 of 8
(B) Explosives detection technology, including, but not limited
to, X-ray devices.
(C) Cargo scanners.
(D) Radiation monitors.
(E) Thermal protective equipment.
(F) Site identification instruments capable of providing a
fingerprint for a broad inventory of chemical agents.
(G) Other devices capable of detecting weapons of mass destruction
using chemical, biological, or other similar substances.
(H) Other security equipment to assist in any of the following:
(i) Screening of incoming vessels, trucks, and incoming or
outbound cargo.
(ii) Monitoring the physical perimeters of harbors, ports, and
ferry terminals.
(iii) Providing or augmenting onsite emergency response
capability.
(I) Overweight cargo detection equipment, including, but not
limited to, intermodal crane scales and truck weight scales.
(J) Developing disaster preparedness or emergency response plans.
The Office of Emergency Services shall report to the Legislature
on March 1 of each year on the manner in which the funds available
pursuant to this paragraph were expended for that fiscal year.
(d) Two hundred million dollars ($200, 000,000) shall be available,
upon appropriation by the Legislature, for schoolbus retrofit and
replacement to reduce air pollution and to reduce children's exposure
to diesel exhaust.
(e) Two billion dollars ($2,000, 000,000) shall be available for
projects in the state transportation improvement program, to augment
funds otherwise available for this purpose from other sources. The
funds provided by this subdivision shall be deposited in the
Transportation Facilities Account which is hereby created in the
fund, and shall be available, upon appropriation by the Legislature,
to the Department of Transportation, as allocated by the California
Transportation Commission in the same manner as funds allocated for
those projects under existing law.
(f) (1) Four billion dollars ($4,000, 000,000) shall be deposited
in the Public Transportation Modernization, Improvement, and Service
Enhancement Account, which is hereby created in the fund. Funds in
the account shall be made available, upon appropriation by the
Legislature, to the Department of Transportation for intercity rail
projects and to commuter or urban rail operators, bus operators,
waterborne transit operators, and other transit operators in
California for rehabilitation, safety or modernization improvements,
capital service enhancements or expansions, new capital projects, bus
rapid transit improvements, or for rolling stock procurement,
rehabilitation, or replacement.
(2) Of the funds made available in paragraph (1) , four hundred
million dollars ($400, 000, 000) shall be available, upon appropriation
by the Legislature, to the department for intercity rail
improvements, of which one hundred twenty-five million dollars
($125, 000, 000) shall be used for the procurement of additional
intercity railcars and locomotives.
(3) Of the funds remaining after the allocations in paragraph (2) ,
50 percent shall be distributed to the Controller, for allocation to
eligible agencies using the formula in Section 99314 of the Public
Utilities Code, and 50 percent shall be distributed to the
Controller, for allocation to eligible agencies using the formula in
Section 99313 of the Public Utilities Code, subject to the provisions
governing funds allocated under those sections.
(g) One billion dollars ($1, 000, 000, 000) shall be deposited in the
State-Local Partnership Program Account, which is hereby created in
the fund. The funds shall be available, upon appropriation by the
Legislature and subject to such conditions and criteria as the
Legislature may provide by statute, for allocation by the California
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SB 286 Senate Bill - INTRODUCED Page 6 of 8
Transportation Commission over a five-year period to eligible
transportation projects nominated by an applicant transportation
agency. A dollar for dollar match of local funds shall be required
for an applicant transportation agency to receive state funds under
this program.
(h) One billion dollars ($1, 000, 000, 000) shall be deposited in the
Transit System Safety, Security, and Disaster Response Account,
which is hereby created in the fund. Funds in the account shall be
made available, upon appropriation by the Legislature and subject to
such conditions and criteria as the Legislature may provide by
statute, for capital projects that provide increased protection
against a security and safety threat, and for capital expenditures to
increase the capacity of transit operators, including waterborne
transit operators, to develop disaster response transportation
systems that can move people, goods, and emergency personnel and
equipment in the aftermath of a disaster impairing the mobility of
goods, people, and equipment.
(i) One hundred twenty-five million dollars ($125, 000,000) shall
be deposited in the Local Bridge Seismic Retrofit Account, which is
hereby created in the fund. The funds in the account shall be used,
upon appropriation by the Legislature, to provide the 11.5 percent
required match for federal Highway Bridge Replacement and Repair
funds available to the state for seismic work on local bridges,
ramps, and overpasses, as identified by the Department of
Transportation.
(j) (1) Two hundred fifty million dollars ($250, 000,000) shall be
deposited in the Highway-Railroad Crossing Safety Account, which is
hereby created in the fund. Funds in the account shall be available,
upon appropriation by the Legislature, to the Department of
Transportation for the completion of high-priority grade separation
and railroad crossing safety improvements. Funds in the account shall
be made available for allocation pursuant to the process established
in Chapter 10 (commencing with Section 2450) of Division 3 of the
Streets and Highways Code, except that a dollar for dollar match of
nonstate funds shall be provided for each project, and the limitation
on maximum project cost in subdivision (g) of Section 2454 of the
Streets and Highways Code shall not be applicable to projects funded
with these funds.
(2) Notwithstanding the funding allocation process described in
paragraph (1) , in consultation with the department and the Public
Utilities Commission, the California Transportation Commission shall
allocate one hundred million dollars ($100,000,000) of the funds in
the account to high-priority railroad crossing improvements,
including grade separation projects, that are not part of the process
established in Chapter 10 (commencing with Section 2450) of Division
3 of the Streets and Highways Code. The allocation of funds under
this paragraph shall be made in consultation and coordination with
the High-Speed Rail Authority created pursuant to Division 19.5
(commencing with Section 185000) of the Public Utilities Code.
(k) (1) Seven hundred fifty million dollars ($750, 000, 000) shall
be deposited in the Highway Safety, Rehabilitation, and Preservation
Account, which is hereby created in the fund. Funds in the account
shall be available, upon appropriation by the Legislature, to the
Department of Transportation, as allocated by the California
Transportation Commission, for the purposes of the state highway
operation and protection program as described in Section 14526.5.
(2) The department shall develop a program for distribution of two
hundred and fifty million dollars ($250, 000, 000) from the funds
identified in paragraph (1) to fund traffic light synchronization
projects or other technology-based improvements to improve safety,
operations and the effective capacity of local streets and roads.
(1) (1) Two billion dollars ($2, 000,000, 000) shall be deposited in
the Locals— Street and Road
Improvement, Congestion Relief, and Traffic Safety Account of 2006,
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SB 286 Senate Bill - INTRODUCED Page 7 of 8
which is hereby created in the fund. The proceeds of bonds deposited
into that account shall be available, upon appropriation by the
Legislature, for the purposes specified in this subdivision ,
to the Controller for administration and allocation in the
fiscal year in which the bonds are issued and sold —r
4114pg--a14 ��a ae a 6,� eY e+ , o,
4kQWQ R4QAQ5rG, The Controller shall allocate the
funds to eligible local agencies in two cycles that cover four years,
in order to allow each eligible local agency to spend the funds in
two periods of two years each. The Controller shall allocate at least
one-half of each allocation amount in the first cycle of payments,
which shall be made no later than January 1, 2008, except that each
city shall receive at least four hundred thousand dollars
($400, 000) , as described in subparagraph (B) of paragraph (2) . If an
eligible local agency is able to demonstrate that more than one-
half of its share of funds under this subdivision is able
to be spent on eligible projects in the first two-year cycle, the
Controller shall allocate up to the full amount to the local agency.
The Controller shall allocate the remaining portion of an eligible
local agency's share of funds under this subdivision in the second
cycle of payments, which shall be made no later than
January 1, 2010. The money in the account, and any interest or other
return on money in the account, shall be allocated in the
following manner:
(A) Fifty percent to the counties, including a city and county, in
accordance with the following formulas:
,(i) Seventy-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of fee-paid and exempt vehicles that are
registered in the county bears to the number of fee-paid and exempt
vehicles registered in the state .
(ii) Twenty-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of miles of maintained county roads in
each county bears to the total number of miles of maintained county
roads in the state. For the purposes of apportioning funds under this
clause, any roads within the boundaries of a city and county that
are not state highways shall be deemed to be county roads.
(B) Fifty percent to the cities, including a city and county,
apportioned among the cities in the proportion that the total
population of the city bears to the total population of all the
cities in the state, provided, however, that the Controller shall
allocate a minimum of four hundred thousand dollars ($400, 000) to
each city, pursuant to this subparagraph.
(2) Funds received under this subdivision shall be deposited as
follows in order to avoid the commingling of those funds with other
local funds:
(A) In the case of a city, into the city account that is
designated for the receipt of state funds allocated for local streets
and roads.
(B) In the case of an eligible county, into the county road fund.
(C) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for local
streets and roads.
(3) For the purpose of allocating funds under this subdivision to
cities and a city and county, the Controller shall use the
i;;Got se^� population estimates prepared by the
Demographic Research Unit of the Department of Finance as of
January 1, 2007 . For a city that incorporated after January 1,
1998, that does not appear on the most recent population estimates
prepared by the Demographic Research Unit, the Controller shall use
the population determined for that city under Section 11005.3 of the
Revenue and Taxation Code.
(4) Funds apportioned to a city, county, or city and county under
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SB 286 Senate Bill - INTRODUCED Page 8 of 8
this subdivision shall be used for improvements to transportation
facilities that will assist in reducing local traffic congestion and
further deterioration, improving traffic flows, or increasing traffic
safety that may include, but not be limited to, street and highway
pavement maintenance, rehabilitation, installation, construction and
reconstruction of necessary associated facilities such as drainage
and traffic control devices, or the maintenance, rehabilitation,
installation, construction and reconstruction of facilities that
expand ridership on transit systems, safety projects to reduce
fatalities, or as a local match to obtain state or federal
transportation funds for similar purposes.
(5) At the conclusion of each fiscal year during which a city or
county expends the funds it has received under this subdivision, the
Controller may verify the city's or county's compliance with
paragraph (4) . Any city or county that has not complied with
paragraph (4) shall reimburse the state for the funds it received
during that fiscal year. Any funds withheld or returned as a result
of a failure to comply with paragraph (4) shall be reallocated to the
other counties and cities whose expenditures are in compliance.
SEC. 2 . Section 8879.28 of the Government Code is amended to read:
8879.28. Upon request of the board stating that funds are needed
for purposes of this chapter, the committee shall determine whether
or not it is necessary or desirable to issue bonds authorized
pursuant to this chapter in order to carry out the actions specified
in Section 8879.23, 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 are not required to be sold at any one time. Bonds
may bear interest subject to federal income tax. For purposes
of this section, the committee shall consider the request
of the Controller relative to issuance of bonds authorized
pursuant to subdivision (1) of Section 8879.23
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ISB 303 Senate Bill -AMENDED Page 1 of 13
BILL NUMBER: SB 303 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 22, 2007
INTRODUCED BY Senator Ducheny
FEBRUARY 16, 2007
An act to amend Sections 65301, 65582, 65583, 65583.2, and 65860
of, to add Sections 65300.1. 65583.3, 65588.2, and 65588.3 to, and to
repeal and add Section 65588 of, the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 303, as amended, Ducheny. Local government: housing.
(1) Existing law, the Planning and Zoning Law, governs the
authority for and scope of general plans for local governments.
This bill would state the findings of the Legislature regarding
the availability and cost of housing throughout the state.
(2) Existing law requires each county and city to adopt a
comprehensive, long-term general plan for the physical development of
the county or city that addresses a number of elements, as
specified. Existing law provides that the general plan may be adopted
as a single document or as a group of documents relating to subjects
or geographic segments of the planning area.
This bill would require the general plan, and each of its elements
to encompass a planning and projection period of at least 20 years,
and would require each element, except for the housing element, to be
updated at least every 10 years. This bill would require the housing
element to be updated as specified.
(3) Existing law, defines various terms in relation to housing
elements.
This bill would define "regional housing need" and "existing and
projected housing need" to mean the minimum amount of housing needed
over the next 10-year period.
(4) Existing law requires the housing element of a general plan to
identify and analyze various elements, and include a statement of
the community's goals, quantified objectives, and policies relative
to the maintenance, preservation, improvement, and development of
housing.
This bill would require the statement be relative to the
maintenance, preservation, improvement, and development of housing
for extremely low, very low, low- and moderate-income
households, and for any special housing needs, as specified.
Existing law provides that where the total housing needs
identified exceed available resources and the community's ability to
satisfy the need within the content of the general plan requirements,
as specified, the quantified objectives must establish the maximum
number of housing units by income category that can be constructed,
rehabilitated, and conserved over a 5-year period.
This bill would, instead, require the quantified objectives to
estimate the maximum number of housing units for specified categories
that can be constructed, rehabilitated, and conserved over a 10-year
period.
Existing law requires the housing element to include, among other
things, a program that sets forth a 5-year schedule for actions the
local government is undertaking, or intends to undertake to implement
the policies and achieve the goals and objectives of the housing
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SB 303 Senate Bill -AMENDED Page 2 of 13''
element, as specified. The program adopted must, among other
requirements, identify actions that will be taken to make sites
available during the planning period of the general plan, as
specified.
This bill would, instead, require the program to identify sites to
facilitate and encourage the development of a variety of types of
housing for all income levels, as specified,
identify policies and incentives to promote infill development and
the efficient uses of land, and to both, remove the constraints
to, and provide reasonable accommodations for, specified housing for
persons with disabilities, as specified.
(5) Existing law requires the housing element of a general plan to
include an inventory of sites that can be developed for housing
within the planning period to accommodate that portion of a city's or
county's share of the vegional housing need for all income levels,
as specified, and requires the city or county to provide an analysis
demonstrating how the adopted densities accommodate its share of the
regional housing need for lower income households or meet specified
densities to accommodate housing for lower income households.
This bill would delete the option to provide an analysis
demonstrating how the adopted densities accommodate the city's or
county's share of the regional housing need for lower income
households and would, instead, require cities and counties to meet
the specified densities to accommodate housing for lower income
'households.
(6) Existing law requires the housing element of a general plan to
include an inventory of sites that can be developed for housing
within the planning period to accommodate that portion of a city's or
county's share of the regional housing need for all income levels,
as specified.
This bill would require the city council or county board of
supervisors to designate and zone sites for residential use to
accommodate the jurisdiction's 10-year housing need and make findings
regarding the designation and zoning, as specified. The bill would
also require the city or county to approve projects that are
consistent with the designation and zoning on these sites, as
specified. The bill would also require that if the local
government has not satisfied these requirements, the development of
affordable housing projects, as defined, on sites
identified pursuant to the inventory of land suitable for residential
development to allow a specified minimum number of units per acre
shall be by "use by right" as that term is defined in these
provisions. By imposing additional duties upon local officials,
this bill would create a state-mandated local program.
(7) Existing law requires each local government to review its
housing elements as frequently as appropriate to evaluate a number of
factors, as specified.
This bill would revise the factors that each local government is
required to evaluate in its review of the housing element and would
require the housing element to be updated every 5 years. The bill
would also specify the date, not yet determined, that specific groups
of local governments are required to update the housing elements,
notwithstanding the 5-year requirement.
The bill would also provide that the deadlines specified for the
amendment of the housing element are mandatory and these
modifications are not intended to affect existing law with respect to
the planning, use, or development of areas outside the sites
designated and zoned for residential use to accommodate the
jurisdiction's 10-year housing need.
(8) Existing law requires county and city ordinances to be
consistent with the general plan. For a zoning ordinance to be
considered consistent with a general plan officially adopted by a
county or city, the various land uses authorized by the ordinance
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,SB 303 Senate Bill - AMENDED Page 3 of 13
must be compatible with the objectives, policies, general land uses
and programs specified in the general plan. Existing law also
authorizes a resident or property owner within a city or county to
bring an action or proceeding to enforce compliance with these
provisions within 90 days of the enactment of any new zoning
ordinance or the amendment of an existing ordinance. Existing law
also applies these provisions to specified charter cities.
This bill would require the county or city zoning ordinances to he
consistent with the general plan of the county or city by the date
of the next housing element update, and thereafter. The bill would
revise the factors required for a zoning ordinance to be considered
consistent with a general plan to include a requirement for
residential uses that the zoning ordinance allows development at the
density range specified in the general plan without the need for any
additional land use approval that is legislative or quasi-legislative
in nature.
The bill would authorize a property owner to bring an action to
require that the zoning on its property be made consistent with the
general plan without regard to when the zoning ordinance was adopted
or amended. The bill would also entitle a prevailing petitioner who
brought an action to enforce these provisions to reasonable attorney'
s fees.
This bill would also declare that these provisions have statewide
implications and would apply these provisions to a charter city,
charter county, and a charter city and county as well as general law
cities and counties.
(9) This bill would make certain declarations concerning the Court
of Appeal decision in Mira Development Corporation of San Diego v.
City of San Diego (1988) 205 Cal.App.3d 1201.
(10) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65300.1 is added to the Government Code, to
read:
65300.1. The Legislature finds and declares all of the following:
(a) The lack of housing is a critical problem that threatens the
economic prosperity, environment, and quality of life of California
families.
(b) The supply and cost of housing throughout the state is
inextricably linked to the quantity of suitable and available land
designation and zoned to allow residential development, and for that
reason, designating and zoning land for housing is a matter of
statewide concern.
(c) Local governments shall utilize their land use authority in a
manner that accommodates housing needs while meeting the objectives
for comprehensive planning set forth in Section 65300.
SEC 65�01 C�f tl;Q I
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SB 303 Senate Bill -AMENDED Page 4 of 13'
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SEC. 2. Section 65301 of the Government Code is amended to read:
65301. (a) The general plan shall be so prepared that all or
individual elements of it may be adopted by the legislative body, and
so that it may be adopted by the legislative body for -all or part of
the territory of the county or city and any other territory outside
its boundaries that in its judgment bears relation to its planning.
The general plan may be adopted in any format deemed appropriate or
convenient by the legislative body, including the combining of
elements. The legislative body may adopt all or part of a plan of
another public agency in satisfaction of all or part of the
requirements of Section 65302 if the plan of the other public agency
is sufficiently detailed and its contents are appropriate, as
determined by the legislative body, for the adopting city or county.
(b) The general plan may be adopted as a single document or as a
group of documents relating to subjects or geographic segments of the
planning area. The general plan, and each of its elements shall
encompass a planning and projection period of not less than 20
years. Each element shall be updated as necessary not less than every
10 years, except for the housing element, which shall be updated as
provided in Article 10. 6 (commencing with Section 65580) .
(c) The general plan shall address each of the elements specified
in Section 65302 to the extent that the subject of the element exists
in the planning area. The degree of specificity and level of detail
of the discussion of each element shall reflect local conditions and
circumstances. However, this section shall not affect the
requirements of subdivision (c) of Section 65302, nor be construed to
expand or limit the authority of the Department of Housing and
Community Development to review housing elements pursuant to Section
65585 QL +h; Q QG6 or Section 50459 of the Health
and Safety Code.
mh„
--ems
(d) The requirements of this
section shall apply to charter cities.
SEC. 3. Section 65582 of the Government Code is amended to read:
65582. As used in this article:
(a) "Community, " "locality, " "local government, " or "jurisdiction"
means a city, city and county, or county.
(b) "Council of governments" means a single or multicounty council
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SB 303 Senate Bill -AMENDED Page 5 of 13
created by a joint powers agreement pursuant to Chapter 5
(commencing with Section 6500) of Division 1 of Title 1.
(c) "Department" means the Department of Housing and Community
Development.
(d) "Housing element" or '"element""means the housing element of
the community's general plan, as required pursuant. to this article
and subdivision (c) of Section 65302.
(e) "Regional housing need" and "existing and projected housing
need" mean the minimum amount of housing needed over the next 10-year
period.
SEC. 4. Section 65583 of the Government Code is amended to read:
65583. The housing element shall consist of an identification and
analysis of existing and projected housing needs and a statement of
goals, policies, quantified objectives, financial resources, and
scheduled .programs for, the preservation, improvement, and development
of housing. The housing element shall identify adequate sites for
housing, including rental housing, factory-built housing, and
mobihehomes, and shall make adequate provision for the existing and
projected needs of all economic segments of the community. The
element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources
and constraints relevant to the meeting of these needs. The
assessment and inventory shall include all of the following:
(1) An analysis of population and employment trends and
'documentation of projections and a quantification of the locality's .
existing and projected housing needs for all income levels, including
extremely low income households, as defined in subdivision (b) of
Section 50105 and Section 50106 of the Health and Safety Code. These
existing and projected needs shall include the locality's share of
the regional housing need in accordance with Section 65584 . Local
agencies shall calculate the subset of very low income households
allotted under Section 65584 that qualify as extremely low income
households. The local agency may either use available census data to
calculate the percentage of very low income households that qualify
as extremely low income households or presume that 50 percent of the
very low income households qualify as extremely low. income
households. - The number of extremely low income households and very
low income households shall equal the jurisdiction's allocation of
.,.very low income households pursuant to Section 65584.
(2) An analysis and documentation of household characteristics,
including level of payment compared to ability to pay, housing
characteristics, including overcrowding, and housing stock condition.
(3) An inventory of land suitable for residential development,
including vacant sites and sites having potential for redevel-opment,
and an analysis of the relationship of zoning and public facilities
and services to these sites , consistent with the requirements
of Section 65583.2
(4) An analysis of potential and actual governmental constraints
upon the maintenance, improvement, or development of housing for all
income levels, including the types of housing identified in paragraph
(1) of subdivision (c) , and for persons with disabilities as
identified in the analysis pursuant to paragraph (6) , including land
use controls, building codes and their enforcement, site
improvements, fees and other exactions required of developers, and
local processing and permit procedures. The analysis shall also
demonstrate local efforts to remove governmental constraints that
hinder the locality from meeting its share of the regional housing
need in accordance with Section 65584 and from meeting the need for
housing for persons with disabilities identified pursuant to
paragraph (6) .
(5) An analysis of potential and actual nongovernmental
constraints upon the maintenance, improvement, or development of
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SB 303 Senate Bill - AMENDED Page 6 of 13
housing for all income levels, including the availability of
financing, the price of land, and the cost of construction.
(6) An analysis of any special housing needs, such as those of the
elderly, persons with disabilities, large families, farmworkers,
families with female heads of households, and families and persons in
need of emergency shelter.
(7) An analysis of opportunities for energy conservation with
respect to residential development:
(8) An analysis of existing assisted housing developments that are
eligible to change from low-income housing uses during the next 10 ,
years due to termination of subsidy contracts, mortgage prepayment, .
or expiration of restrictions on use. "Assisted housing developments, "
for the purpose of this section, shall mean multifamily rental
housing that receives governmental assistance under federal programs
listed in subdivision (a) of Section 65863.10, state and local
multifamily revenue bond programs, local redevelopment programs, the
federal Community Development Block Grant Program, or local in-lieu
fees. "Assisted housing developments" shall also include multifamily
rental units that were developed pursuant to a local inclusionary
housing program or used to qualify for a density bonus pursuant to
Section 65916.
(A) The analysis shall include a listing of each development by
project name and address, the type of governmental assistance
received, the earliest possible date of change from low-income use
and the total number of elderly and nonelderly units that could be
lost from the locality's low-income housing stock in each year during
the 10-year period. For purposes of state and federally funded
projects, the analysis required by this subparagraph need only -
contain information available on a statewide basis.
(B) The analysis shall estimate the total cost of producing new
rental housing that is comparable in size and rent levels, to replace
the units that could change from low-income use, and an estimated
cost of preserving the assisted housing developments. This cost
analysis for replacement housing may be done aggregately for each
five-year period and does not have to contain a project-by-project
cost estimate.
(C) The analysis shall identify public and private nonprofit
corporations known to the local government which have legal and
managerial capacity to acquire and manage these housing developments.
(D) The analysis shall identify and consider the use of all
federal, state, and local financing and subsidy programs which can be
used to preserve, for lower income households, the assisted housing
developments, identified in this paragraph, including, but not
limited to, federal Community Development Block Grant Program funds,
tax increment funds received by a redevelopment agency of the
community, and administrative fees received by a housing authority
operating within the community. In considering the use of these
financing and subsidy programs, the analysis shall identify the
amounts of funds under each available program which have not been
legally obligated for other purposes and which could be available for
use in preserving assisted housing developments.
(b) (1) A statement of the community's goals, quantified
objectives, and policies relative to the maintenance, preservation,
improvement, and development of housing for extremely low,
very low, low- and moderate-income households, and for any special
housing needs identified in paragraph (6) of subdivision (a) .
(2) It is recognized that the total housing needs identified
pursuant to subdivision (a) may exceed available resources and the
community's ability to satisfy this need within the content of the
general plan requirements outlined in Article 5 (commencing with
Section 65300) . Under these circumstances, the quantified objectives
need not be identical to the total housing needs. The quantified
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'SB 303 Senate Bill - AMENDED Page 7 of 13
objectives shall estimate the maximum number of housing units for
extremely low, very low, low- and moderate-income categories, that
_can be constructed, rehabilitated, and conserved over a ten-year time
period.
(c) A program that sets forth a five-year schedule of actions the
local government is undertaking or intends to undertake to implement .
the policies and achieve the goals and objectives of the housing
element through the administration of land use and development
controls, provision of regulatory concessions and incentives, and the
utilization of appropriate federal and state financing and subsidy
programs when available and the utilization of moneys in a low- and
moderate-income housing fund of an agency if the locality has
established a redevelopment project area pursuant to the Community
Redevelopment Law (Division 24 (commencing with Section 33000) of the
Health and Safety Code) . In order to make adequate provision for the
housing needs of all economic segments of the community, the program.
shall do all of the following:
(1) (A) Identify sites as needed, to facilitate and
encourage the development of a variety of types of housing for all
income levels, including multifamily rental housing, factory-built
housing, manufactured homes, housing for agricultural employees,
supportive housing, single-room occupancy units, emergency
shelters, and transitional housing.
(B) Identify policies and incentives to promote infill development.
and the efficient use of land, including, but .not limited to,
expedited permit processing, modified development standards, and fee
waivers.
(C) Where the inventory of sites pursuant to paragraph (3) of
subdivision (a) does not identify adequate sites to accommodate the
. need for farmworker housing, the program shall provide for sufficient
. sites to meet the need with zoning that permits farmworker housing
use by right, including density and development standards that could
accommodate and facilitate the feasibility of the development of
farmworker housing for low- and very low income households.
(2) Assist in the development of adequate housing to meet the
needs of extremely low, very low, low-, and moderate-income
households.
(3) Address and, where appropriate and legally possible, remove
governmental constraints to the maintenance, improvement, and
development of housing, including housing for all income levels and
housing for persons with disabilities. The program shall remove
constraints to, Qr. and provide
reasonable accommodations for housing designed for, intended for
occupancy by, or with supportive services for, persons with
disabilities.
(4) Conserve and improve the condition of the existing affordable
housing stock, which may include addressing ways to mitigate the loss
of dwelling units demolished by public or private action.
(5) Promote housing opportunities for all persons regardless of
race, religion, .sex, marital status, ancestry, national origin,
color, familial status, or disability.
(6) Preserve for lower income households the assisted housing
developments identified pursuant to paragraph (8) of subdivision (a) . .
The program for preservation of the assisted housing developments
shall utilize, to the extent necessary, all available federal, state,
and local financing and subsidy programs identified in paragraph (8)
of subdivision (a) , except where a community has other urgent needs
for which alternative funding sources are not available. The program
may include strategies that involve local regulation and technical
assistance.
(7) The program shall include an identification of the agencies
and officials responsible for the implementation of the various
actions and the means by which consistency will be achieved with
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SB 303 Senate Bill - AMENDED Page 8 of 13
other general plan elements and community goals. The local government
shall make a diligent effort to achieve public participation of all
economic segments of the community in the development of the housing
element, and the program shall describe this effort.
(d) Except as otherwise provided in this article, amendments to
this article that alter the required content of a housing element
shall apply to both of the following:
(1) A housing element or housing element amendment prepared
pursuant to subdivision (e) of Section 65588 or Section 65584.02,
where a city, county, or city and county submits a first draft to the
department for review pursuant to Section 65585 more than 90 days
after the effective date of the amendment to this section.
(2) Any housing element or housing element amendment prepared
pursuant to subdivision (e) of Section 65588 or Section 65584.02,
where the city, county, or city and county fails to submit the first
draft to the department before the due date specified in Section
65588 or 65584.02.
SEC. 5. Section 65583.2 of the Government Code is amended to read:
65583.2. (a) A city's or county's inventory of land suitable for
residential development pursuant to paragraph (3) of subdivision (a)
of Section 65583 shall be used to identify sites that can be
developed for housing within the planning period and that are
sufficient to provide for the jurisdiction's entire share
of the regional housing need for all income levels pursuant to
Section 65584 and to comply with the requirements of Section
65584. 09 . As used in this section, "land suitable for
residential development" includes all of the following:
(1) Vacant sites zoned for residential use.
(2) Vacant sites zoned for nonresidential use that allows
residential development.
(3) Residentially zoned sites that are capable of being developed
at a higher density.
(4) Sites zoned for nonresidential use that can be redeveloped
for, and as necessary, rezoned for, residential use.
(b) The inventory of land shall include all of the following:
(1) A listing of properties by parcel number or other unique
reference.
(2) The size of each property listed pursuant to paragraph (1) ,
and the general plan designation and zoning of each property.
(3) For nonvacant sites, a description of the existing use of each
property.
(4) A general description of any environmental constraints to the
development of housing within the jurisdiction, the documentation for
which has been made available to the jurisdiction. This information
need not be identified on a site-specific basis.
(5) A general description of existing or planned water, sewer, and
other dry utilities supply, including the availability and access to
distribution facilities. This information need not be identified on
a site-specific basis.
(6) Sites identified as available for housing for above-moderate
income households in areas not served by public sewer systems. This
information need not be identified on a site-specific basis.
(7) A map that shows the location of the sites included in the
inventory, such as the land use map from the jurisdiction's general
plan for reference purposes only.
(c) Based on the information provided in subdivision (b) , a city
or county shall determine whether each site in the inventory can
accommodate some portion of its share of the regional housing need by
income level during the planning period, as determined pursuant to
Section 65584 . The analysis shall determine whether the inventory can
provide for a variety of types of housing, including multifamily
rental housing, factory-built housing, mobilehomes, housing for
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SB 303 Senate Bill -AMENDED Page 9 of 13
agricultural employees, emergency shelters, and transitional housing.
The city or county shall determine the number of housing units that
.can be accommodated on each site as follows:
(1) If local law or regulations require the development of a site
at a minimum density, the department shall accept the planning agency'
s calculation of the total housing unit capacity on that site based
on the established minimum density. If the city or county does not
adopt a law or regulations requiring the development of a site. at a
minimum density, then it shall demonstrate how the number of units
determined for that site pursuant to this subdivision will be
accommodated.
(2) The number of units calculated pursuant to paragraph (1) shall
be adjusted as necessary, based on the land use controls and site
improvements requirement identified in paragraph (4) of subdivision
(a) of Section 65583.
Z\ T L, f'..l l .-7 c,r, +;!. .-.1-,l l l.l.
^ae��4�-�}e11•i£3-il5J �61�' �f1S79� �i}G61311i1 i,• ,eel, l.d�T
(3) Sites identified to accommodate housing for lower income
households shall allow densities consistent with the following:
(A) For ,incorporated cities within nonmetropolitan counties and
for nonmetropolitan counties that have micropolitan areas: sites
allowing at least 15 units per acre.
(B) For unincorporated areas in all nonmetropolitan counties not
'included in subparagraph (A) : sites allowing at least 10 units per
acre.
(C) For suburban jurisdictions: sites allowing at least 20 units
per acre.
(D) For jurisdictions in metropolitan counties: sites allowing at
least 30 units per acre.
(d) For purposes of this section, metropolitan counties,
nonmetropolitan counties, and nonmetropolitan counties with
micropolitan areas are as determined by the United States Census
Bureau. Nonmetropolitan counties with micropolitan areas include the
following counties: Del Norte, Humboldt, Lake Mendocino, Nevada,
Tehama, and Tuolumne and such other counties as may be determined by
the United States Census Bureau to be nonmetropolitan counties with
micropolitan areas in the future.
(e) A jurisdiction is considered suburban if the jurisdiction does
not meet the requirements of subparagraphs (A) and (B) of paragraph
(3) of subdivision (c) and is located in a Metropolitan Statistical
Area (MSA) of less than 2, 000,000 in population, unless that
jurisdiction's population is greater than 100,000, in which case it
is considered metropolitan. Counties, not including the City and
County of San Francisco, will be considered suburban unless they are
in a MSA of 2, 000, 000 or greater in population in which case they are
considered metropolitan.
(f) A jurisdiction is considered metropolitan if the jurisdiction
does not meet the requirements for "suburban area" above and is
located in a MSA of 2, 000, 000 or greater in population, unless that
jurisdiction's population is less than 25, 000 in which case it is
considered suburban.
(g) For sites described in paragraph (3) of subdivision (b) , the
city or county shall specify the additional development potential for
each site within the planning period and shall provide an
explanation of the methodology used to determine the development
potential. The methodology shall consider factors including the
extent to which existing uses may constitute an impediment to
additional residential development, development trends, market
conditions, and regulatory or other incentives or standards to
encourage additional residential development on these sites.
(h) For purposes of this section and Section 65583, the phrase
"use by right" shall mean that the local government's review of the
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SB 303 Senate Bill -AMENDED Page 10 of 13
owner-occupied or multifamily residential use may not require a
conditional use permit, planned unit development permit, or other
discretionary local government review or approval that would
constitute a "project" for purposes of Division 13 (commencing with
Section 21000) of the Public Resources Code. Any subdivision of the
sites shall be subject to all laws, including, but not limited to,
the local government ordinance implementing the Subdivision Map Act.
A local ordinance may provide that"use by right" does not exempt the
use from design review. However, that design review shall not
constitute a "project" for purposes of. Division 13 (commencing with
Section 21000) of the Public Resources Code. Use by right for all
rental multifamily residential housing shall be provided in
accordance with subdivision (f) of Section 65589.5.
SEC. 6. Section 65583.3 is added to the Government Code, to read:
65583.3. (a) The city council or board of supervisors shall
designate and zone sites for residential use to accommodate the.
jurisdiction's 10-year housing need from the sites identified
pursuant to subdivision (a) of Section 65583.2. The designation and
zoning shall be adopted and in effect on the same date the housing
element is required to be updated. The local government's obligation
to designate and zone sites to accommodate its share of the region's
10-year housing need for lower income households shall be satisfied
by zoning sites to allow the specified minimum number of units per
acre, as identified in subparagraphs (A) to (D) , inclusive, of
paragraph (3) of subdivision (c) of Section 65583.2. The local
government shall prepare, or cause to be prepared, an environmental
impact report in connection with the designation and zoning required
by this subdivision. The environmental impact report shall address
potentially significant cumulative impacts, growth inducing impacts,
off-site impacts, and alternative sites.
(b) The city council or board of supervisors shall make a finding,
supported by substantial evidence in the record, that each site
designated and zoned pursuant to subdivision (a) will realistically
accommodate construction of the maximum number of units allowed by
the density range applicable to the site. The finding shall be based
on a showing that the site is appropriate in size, configuration,
physical characteristics, current use, physical and environmental
constraints, access, location, adjacent use, market demand for the
density and type of housing, current or planned availability of
infrastructure and services, and other relevant
planning criteria.
(c) Any approval sought in connection with a project that is
consistent with the designation and zoning on a site designated and
zoned pursuant to subdivision (a) shall be subject to the Permit
Streamlining Act (Chapter 4.5 (commencing with Section 65920) ) .
(d) Any approval sought in connection with a project that is .
consistent with the designation and zoning on a site designated and
zoned pursuant to subdivision (a) may not be denied or conditioned on
reducing the residential project's density below.that proposed by the applicant unless by four-fifths vote, the city council or board
of supervisors makes written findings pursuant to subdivision (j) of
Section 65589.5. For purposes of this section, an abstention shall
not count as an affirmative vote for purposes of satisfying the
four-fifths vote requirement. This provision shall not create any
inference regarding the effect of an abstention under existing law in
other situations.
(e) When a complete application has been submitted to develop a
project on a site designated and zoned pursuant to subdivision (a) ,
and the project is consistent with the designation and zoning, the
designation and zoning applicable to the site may not be changed
without the consent of the project applicant except by four-fifths
vote of the city council or board of supervisors after making written
findings pursuant to subdivision (j) of Section 65589.5.
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TSB 303 Senate Bill - AMENDED Page 11 of 13
(f) If a court finds that a local government has failed to comply
with .the requirements of subdivision (a) or (b) , the court shall
_retain jurisdiction of the action and issue an order to the local
government requiring compliance within 120 days or a lesser period if
the court determines that a lesser period is appropriate , and
shall award reasonable attorney's fees to the plaintiff or
petitioner. Nothing in this section shall be construed as limiting
any other remedy that may exist for a violation of this article,
including attorney's fees under Section 1021.5 of the Code of Civil
Procedure The e�1er s1a1- a' sf a;Qu;LG1e ghat
+ho r, „+ + , , Q sF ee; {;LeG1 m!1;4a mkim , e a{ n} s--FQr
ar-mi;Q, sp,or f;odr s„ti }jL s;^n (�) of See4'eQ-6559' 2, S1;a1� ha 4Q6
L.y- ,-;gh+ ar, d6;+4.,,,d s{ geatiep 65592 2 F6 I&�'
z 7 +h; f; d L , 6ti13 n ip BTQG 3Fi/deii3i8 3�2�36 i�rJ
g„&, ; g5,;. g , ; ;+& ; ,Q,- , ,.r
`hg P, ..+, r P@4!4!ai;er is #fie-F reVallinq p ar-tT, #hat
SEC. 7. Section 65588 of the Government Code is repealed.
SEC. 8. Section 65588 is added to the Government Code, .to read:
65588. (a) Each local government shall review its housing element
as frequently as appropriate to evaluate all of the following:
(1) The effectiveness of the element including a review of the
results of goals, objectives, policies, and programs from the prior
planning period and an analysis of any difference between what was
planned from the prior planning period and what was actually
achieved.
(2) The appropriateness of the goals, objectives, policies, and
.programs of the updated element based on the analysis of the review
of the results of the prior planning period. The goals, objectives,
..policies, and programs of the element .should be revised to reflect
the results of this review.
(b) The housing element shall be updated every five years. As part
of the five-year update, the city council or board of supervisors
shall make any necessary amendments to ensure that there are sites
designated and zoned pursuant to Section 65583.3 to accommodate the
jurisdiction's housing need for the next 10-year period , as
determined pursuant to Section 65584
(c) Notwithstanding subdivision (b) or the date of adoption of the
housing element previously in existence, tie
g4;Q1 iae mQdJ_f4_eQ1 as
each local government shall revise its housing element
according to the following schedule:
(1) Local governments within the regional jurisdiction of the
Southern California Association of Governments:
(2) Local governments within the regional jurisdiction of the
Association of Bay Area Governments:
(3) Local governments within the regional jurisdiction of the
Council of Fresno County Governments, the Kern County Council of
Governments, and the Sacramento Area Council of Governments:
(4) Local governments within the regional jurisdiction of the
Association of Monterey Bay Area Governments:
(5) Local governments within the regional jurisdiction of the San
Diego Association of Governments:
(6) All other local governments:
SEC. 9. Section 65588.2 is added to the Government Code, to read: -
65588.2. All deadlines specified in this article are mandatory,
not directory. If a local government has not satisfied the
requirements of subdivisions (a) and (b) of Section 65583.3 with
respect to sites for extremely low, very low, and low-income
households by the required date specified in subdivision (a) of
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SB 303 Senate Bill - AMENDED Page 12 of 13`
Section 65583.3, development of affordable housing projects on sites
that are or will be zoned to fulfill the requirement to allow a
specified minimum number of units per acre, as specified in
subdivision (d) of Section 65583.2, shall be by right as defined in
subdivision (h) of Section 65583.2. The zonin g and
development standards for these sites shall permit at least 16 units
per site at a density of at least 16 units per.acre in jurisdictions
described in subparagraphs (A) and (B) of paragraph (3) of
subdivision (c) and at least 20 units per acre in jurisdictions
described in subparagraphs (C) and (D) of paragraph (3) of
subdivision (c) of Section 65583.2. At least 50 percent of the
extremely low, very low and low-income housing need shall be
accommodated on sites designated for residential use and for which
nonresidential uses or mixed-uses are not permitted. For purposes of
this section, "affordable housing project" means owner-occupied or
rental housing affordable to extremely low, very low, or low-income
'households.
SEC. 10. Section 65588.3 is added to the Government Code, to read:
65588.3. Nothing in this article shall be interpreted to affect
existing law. with respect to the planning, .use, or development of
areas outside the sites designated and zoned pursuant .to subdivision
(a) of Section 65583.3 or to establish any presumption regarding the
appropriate designation or use of those areas.
SEC. 11. Section 65860 of the Government Code is amended to read:
65860. (a) County or city zoning ordinances shall be consistent
with the general plan of the county or city by the date of the next
housing element update, and thereafter. This deadline is mandatory;
not directory. A zoning ordinance shall be consistent with a city or
county general plan only if all of the following conditions are met:
(1) The city or county has officially adopted such a plan.
(2) The various land uses authorized by the ordinance are.
compatible with the objectives, policies, general land uses, and
programs specified in the plan.
(3) In the case of residential. uses, the zoning allows development
at the density range specified in the general plan without the need
for any additional land use approval that is legislative or
quasi-legislative in nature.
(b) Any resident or property owner within a city or a county, as
the case may be, may bring an action or proceeding in the superior
court to enforce compliance with subdivision (a) . Any action or
proceeding brought pursuant to this section shall be governed by ,
Chapter 2 (commencing with Section 1084) of Title 1 of. Part 3 of the
Code of Civil Procedure. No action or proceeding shall be maintained
pursuant to this section by any person unless the action or
proceeding is commenced and service is made on the legislative body
within 90 days of the enactment of any new zoning ordinance or the
amendment of any existing zoning ordinance, except that a property
owner may, at any time, bring an action to require that the zoning on
its property be made consistent with the general plan. The
petitioner in an action brought to enforce compliance with
subdivision (a) shall be entitled to reasonable attorney's fees if
the petitioner is the prevailing party.
(c) In the event that a zoning ordinance becomes inconsistent with
a general plan by reason of amendment to the plan, or to any element
of the plan, the zoning ordinance shall be amended within a
reasonable time so that it is consistent with the general plan as
amended.
(d) Notwithstanding Section 65803, this section has statewide
implications and thereby shall apply to a charter city, charter
county, and charter city and county as well as general law cities and
counties.
SEC. 12. In connection with enacting the health or safety findings
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-SB 303 Senate Bill - AMENDED Page 13 of 13
requirements of Article 10.6 (commencing with Section 65580) of
Chapter 3 of Division 1 of Title 7 of the Government Code, the
-Legislature finds and declares that the Court of Appeal opinion in
Mira Development Corporation of San Diego v. City of San Diego (1988)
205 Cal.App.3d 1201, is inconsistent with the Legislature's intent
that (a) the phrase "health or safety" be construed narrowly and (b)
that substantial evidence in support of a health or safety finding be
of ponderable legal significance, reasonable in nature, credible,
and of solid value in light of all of the evidence in the record.
SEC. 13. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
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SB 710 Senate Bill - INTRODUCED Page 1 of 6
BILL NUMBER: SB 710 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Dutton
(Coauthors: Assembly Members Adams and Emmerson)
FEBRUARY 23, 2007
An act to amend Section 11462 of the Welfare and Institutions
Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
SB 710, as introduced, Dutton. AFDC-FC: group homes: rates.
Existing law, pursuant to the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, requires the State Department
of Social Services to classify group home programs and to establish
rates for foster care providers licensed as group homes according to
those classifications. Existing law prohibits the department from
establishing a rate for a new program of a new or existing provider,
or for a new program at a new location for an existing provider,
unless the provider submits a recommendation from the host county,
the primary placing county, or a regional consortium of counties that
the program is needed in that county, that the provider is capable
of effectively and efficiently operating the program, and that the
provider is willing and able to accept AFDC-FC children for placement
who are determined by the placing agency to need the level of care
and services that will be provided by the program.
This bill would delete the authority for the letter of
recommendation to be issued by the primary placing county or regional
consortium of counties, thus requiring the letter of recommendation
to be issued only by the host county.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11462 of the Welfare and Institutions Code is
amended to read:
11462. (a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402 .5, shall have rates established by classifying each group home
program and applying the standardized schedule of rates. The
department shall collect information from group providers beginning
January 1, 1990, in order to classify each group home program.
(2) Notwithstanding paragraph (1) , foster care providers licensed
as group homes shall have rates established only if the group home is
organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400. The department shall terminate the
rate effective January 1, 1993, of any group home not organized and
operated on a nonprofit basis as required under subdivision (h) of
Section 11400.
(3) (A) The department shall determine, consistent with the
requirements of this chapter and other relevant requirements under
law, the rate classification level (RCL) for each group home program
on a biennial basis. Submission of the biennial rate application
shall be made according to a schedule determined by the department.
(B) The department shall adopt regulations to implement this
paragraph. The adoption, amendment, repeal, or readoption of a
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SB 710 Senate Bill - INTRODUCED Page 2 of 6
regulation authorized by this paragraph is deemed to be necessary for
the immediate preservation of the public peace, health and safety,
or general welfare, for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the department is hereby exempted from the
requirement to describe specific facts showing the need for immediate
action.
(b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care and
services to be provided using a point system developed by the
department and described in the report, "The Classification of Group
Home Programs under the Standardized Schedule of Rates System, "
prepared by the State Department of Social Services, August 30, 1989.
(c) The rate for each RCL has been determined by the department
with data from the AFDC-FC Group Home Rate Classification Pilot
Study. The rates effective July 1, 1990, were developed using 1985
calendar year costs and reflect adjustments to the costs for each
fiscal year, starting with the 1986-87 fiscal year, by the amount of
the California Necessities Index computed pursuant to the methodology
described in Section 11453 . The data obtained by the department
using 1985 calendar year costs shall be updated and revised by
January 1, 1993 .
(d) As used in this section, "standardized schedule of rates"
means a listing of the 14 rate classification levels, and the single .
rate established for each RCL.
(e) Except as specified in paragraph (1) , the department shall
determine the RCL for each group home program on a prospective basis,
according to the level of care and services that the group home
operator projects will be provided during the period of time for
which the rate is being established.
(1) (A) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the RCL no
later than 13 months after the effective date of the provisional
rate. The determination of the RCL shall be based on a program audit
of documentation and other information that verifies the level of
care and supervision provided by the group home program during a
period of the two full calendar months or 60 consecutive days,
whichever is longer, preceding the date of the program audit, unless
the group home program requests a lower RCL. The program audit shall
not cover the first six months of operation under the provisional
rate. Pending the department's issuance of the program audit report
that determines the RCL for the group home program, the group home
program shall be eligible to receive a provisional rate that shall be
based on the level of care and service that the group home program
proposes it will provide. The group home program shall be eligible to
receive only the RCL determined by the department during the
pendency of any appeal of the department' s RCL determination.
(D) A group home program may apply for an increase in its RCL no
earlier than two years from the date the department has determined
the group home program's rate, unless the host county, the primary
placing county, or a regional consortium of counties submits to the
department in writing that the program is needed in that county, that
the provider is capable of effectively and efficiently operating the
proposed program, and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
(C) To ensure efficient administration of the department's audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the RCL
determination available to the department in a timely manner. Except
as provided in this section, the department may refuse to consider,
for purposes of determining the rate, any documents that are relevant
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SB 710 Senate Bill - INTRODUCED Page 3 of 6
to the determination of the RCL that are not made available by the
group home provider by the date the group home provider requests a
hearing on the department's RCL determination. The department may
refuse to consider, for purposes of determining the rate, the
following records, unless the group home provider makes the records
available to the department during the fieldwork portion of the
department's program audit:
(i) Records of each employee's full name, home address,
occupation, and social security number.
(ii) Time records showing when the employee begins and ends each
work period, meal periods, split shift intervals, and total daily
hours worked.
(iii) Total wages paid each payroll period.
(iv) Records required to be maintained by licensed group home
providers under Title 22 of the California Code of Regulations that
are relevant to the RCL determination.
(D) To minimize financial abuse in the startup of group home
programs, when the department's RCL determination is more than three
levels lower than the RCL level proposed by the group home provider,
and the group home provider does not appeal the department's RCL
determination, the department shall terminate the rate of a group
home program 45 days after issuance of its program audit report. When
the group home provider requests a hearing on the department's RCL
.determination, and the RCL determined by the director under
subparagraph (E) is more than three levels lower than the RCL level
proposed by the group home provider, the department shall terminate
the rate of a group home program within 30 days of issuance of the
director's decision. Notwithstanding the reapplication provisions in
subparagraph (B) , the department shall deny any request for a new or
increased RCL from a group home provider whose RCL is terminated
pursuant to this subparagraph, for a period of no greater than two
years from the effective date of the RCL termination.
(E) A group home provider may request a hearing of the department'
s RCL determination under subparagraph (A) no later than 30 days
after the date the department issues its RCL determination. The
department's RCL determination shall be final if the group home
provider does not request a hearing within the prescribed time.
Within 60 days of receipt of the request for hearing, the department
shall conduct a hearing on the RCL determination. The standard of
proof shall be the preponderance of the evidence and the burden of
proof shall be on the department. The hearing officer shall issue the
proposed decision within 45 days of the close of the evidentiary
record. The director shall adopt, reject, or modify the proposed
decision, or refer the matter back to the hearing officer for
additional evidence or findings within 100 days of issuance of the
proposed decision. If the director takes no action on the proposed
decision within the prescribed time, the proposed decision shall take
effect by operation of law.
(2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department. The department shall
develop regulations specifying procedures to be applied when a group
home fails to maintain the level of services projected, including,
but not limited to, rate reduction and recovery of overpayments.
(3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for any
period that a group home program maintains the level of care and
services associated with the RCL for children actually residing in
the facility. Determinations of levels of care and services shall be
made in the same way as modifications of overpayments are made
pursuant to paragraph (2) of subdivision (b) of Section 11466.2 .
(4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement shall
provide notification of this change to all counties that have placed
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SB 710 Senate Bill -INTRODUCED Page 4 of 6
children currently in care. This notification shall be provided
whether or not the RCL for the program may change as a result of the
change in staffing pattern.
(f) (1) The standardized schedule of rates for the 2002-03,
2003-04, 2004-05, 2005-06, and 2006-07 fiscal years is:
FY 2002-03, 2003-
Rate Point Ranges 04,
2004-05, 2005-
Classification 06, and 2006-07
Level Standard Rate
1 Under 60 $1,454
2 60- 89 1,835
3 90-119 2,210
4 120-149 2,589
5 150-179 2,966
6 180-209 3,344
7 210-239 3,723
8 240-269 4, 102
9 270-299 4,479
10 300-329 4, 858
11 330-359 5,234
12 360-389 5,613
13 390-419 5,994
14 420 & Up 6,371
(2) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2002-03, 2003-04, 2004-05, 2005-06, and
2006-07 fiscal years, the adjusted RCL point ranges below shall be
used for establishing the biennial rates for existing programs,
pursuant to paragraph (3) of subdivision (a) and in performing
program audits and in determining any resulting rate reduction,
overpayment assessment, or other actions pursuant to paragraph (2) of
subdivision (e) :
Adjusted Point
Rate Ranges
for the 2002-03,
Classification 2003-04,
2004-05, 2005-06,
and 2006-07 Fiscal
Level Years
1 Under 54
2 54- 81
3 82-110
4 111-138
5 139-167
6 168-195
7 196-224
8 225-253
9 254-281
10 282-310
11 311-338
12 339-367
13 368-395
14 396 & Up
(B) Notwithstanding subparagraph (A) , foster care providers
operating group homes during the 2002-03, 2003-04, 2004-05, 2005-06,
and 2006-07 fiscal years shall remain responsible for ensuring the
health and safety of the children placed in their programs in
accordance with existing applicable provisions of the Health and
Safety Code and community care licensing regulations, as contained in
Title 22 of the Code of California Regulations.
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SB 710 Senate Bill - INTRODUCED Page 5 of 6
(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e) . For those program audits, the RCL
point ranges in paragraph (1) shall be used.
(g) (1) (A) For the 1999-2000 fiscal year, the standardized rate
for each RCL shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to the methodology described in
Section 11453 . The resultant amounts shall constitute the new
standardized schedule of rates, subject to further adjustment
pursuant to subparagraph (B) .
(B) In addition to the adjustment in subparagraph (A) , commencing
January 1, 2000, the standardized rate for each RCL shall be
increased by 2 .36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new standardized schedule of
rates.
(2) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the CNI computed pursuant to Section 11453, subject to the
availability of funds. The resultant amounts shall constitute the new
standardized schedule of rates.
(3) Effective January 1, 2001, the amount included in the standard
rate for each Rate Classification Level (RCL) for the salaries,
wages, and benefits for staff providing child care and supervision or
performing social work activities, or both, shall be increased by 10
percent. This additional funding shall be used by group home
programs solely to supplement staffing, salaries, wages, and benefit
levels of staff specified in this paragraph. The standard rate for
each RCL shall be recomputed using this adjusted amount and the
resultant rates shall constitute the new standardized schedule of
rates. The department may require a group home receiving this
additional funding to certify that the funding was utilized in
accordance with the provisions of this section.
(h) The standardized schedule of rates pursuant to subdivisions
(f) and (g) shall be implemented as follows:
(1) Any group home program that received an AFDC-FC rate in the
prior fiscal year at or above the standard rate for the RCL in the
current fiscal year shall continue to receive that rate.
(2) Any group home program that received an AFDC-FC rate in the
prior fiscal year below the standard rate for the RCL in the current
fiscal year shall receive the RCL rate for the current year.
(i) (1) The department shall not establish a rate for a new
program of a new or existing provider, or for an existing program at
a new location of an existing provider, unless the provider submits a
letter of recommendation from the host county —, }he
qlas1 nt- a 4;e94!ei4a1- of r— that
includes all of the following:
(A) That the program is needed by that county.
(B) That the provider is capable of effectively and efficiently
operating the program.
(C) That the provider is willing and able to accept AFDC-FC
children for placement who are determined by the placing agency to
need the level of care and services that will be provided by the
program.
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(2) The department shall encourage the establishment of consortia
of county placing agencies on a regional basis for the purpose of
making decisions and recommendations about the need for, and use of,
group home programs and other foster care providers within the
regions.
(3) The department shall annually conduct a county-by-county
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SB 710 Senate Bill - INTRODUCED Page 6 of 6
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish its
findings by November 1 of each year.
(j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.
(k) (1) For the purpose of this subdivision, "program change"
means any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate. An increase in
the licensed capacity or other alteration to an existing group home
program that does not increase the RCL or AFDC-FC rate shall not
constitute a program change.
(2) For the 1998-99, 1999-2000, and 2000-01 fiscal years, the rate
for a group home program shall not increase, as the result of a
program change, from the rate established for the program effective
July 1, 2000, and as adjusted pursuant to subparagraph (B) of
paragraph (1) of subdivision (g) , except as provided in paragraph
(3) .
(3) (A) For the 1998-99, 1999-2000, and 2000-01 fiscal years, the
department shall not establish a rate for a new program of a new or
existing provider or approve a program change for an existing
provider that either increases the program's RCL or AFDC-FC rate, or
increases the licensed capacity of the program as a result of
decreases in another program with a lower RCL or lower AFDC-FC rate
that is operated by that provider, unless both of the following
conditions are met:
(i) The licensee obtains a letter of recommendation from the host
county, primary placing county, or regional consortium of counties
regarding the proposed program change or new program.
(ii) The county determines that there is no increased cost to the
General Fund.
(B) Notwithstanding subparagraph (A) , the department may grant a
request for a new program or program change, not to exceed 25 beds,
statewide, if both of the following conditions are met:
(i) The licensee obtains a letter of recommendation from the host
county, primary placing county, or regional consortium of counties
regarding the proposed program change or new program.
(ii) The department determines that the new program or program
change will result in a reduction of referrals to state hospitals
during the 1998-99 fiscal year.
(1) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section. The donations and contributions
shall not be considered in any determination of maximum expenditures
made by the department.
(m) The department shall, by October 1 of each year, commencing
October 1, 1992, provide the Joint Legislative Budget Committee with
a list of any new departmental requirements established during the
previous fiscal year concerning the operation of group homes, and of
any unusual, industrywide increase in costs associated with the
provision of group care that may have significant fiscal impact on
providers of group homes care. The committee may, in fiscal year
1993-94 and beyond, use the list to determine whether an
appropriation for rate adjustments is needed in the subsequent fiscal
year.
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SB 1000 Senate Bill - INTRODUCED Page 1 of 12
BILL NUMBER: SB 1000 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Harman
FEBRUARY 23, 2007
An act to amend Sections 11831.5, 11834 .01, 11834 .02, 11834.03,
11834 . 09, 11834.10, 11834.15, 11834.17, 11834 .18, 11834.20, 11834.21,
11834.22, 11634.23, 11834 .24, 11834 .25, 11834.26, 11834.30,
11834.31, 11834 .32, 11834.36, and 11834.50 of, to add Sections
11834 .04 and 11834.11 to, and to repeal and add Section 11834 .16 of,
the Health and Safety Code, relating to substance abuse.
LEGISLATIVE COUNSEL'S DIGEST
SB 1000, as introduced, Harman. Substance abuse: adult recovery
maintenance facilities.
Existing law provides for the licensure, certification, and
regulation of alcoholism or drug abuse recovery or treatment
facilities serving adults, administered by the State Department of
Alcohol and Drug Programs. Existing law authorizes the department to
conduct site visits to licensed facilities for compliance purposes.
Existing law requires the department to grant certification to any
alcoholism or drug abuse recovery or treatment program requesting the
certification. Existing law prohibits the department from levying a
fee for certification of nonprofit organizations or local
governmental entities under these provisions.
This bill would permit the department to authorize local code
enforcement officials to conduct the site visits. It would also
require the department to also administer the licensure,
certification, and regulation of adult recovery maintenance
facilities, as defined. This bill would delete the prohibition
against levying fees for certification of nonprofit organizations or
local governmental entities.
This bill would require any person or entity applying for a
license to provide documentation to the department regarding the
joining of the facility and any conditional use permit if the
facility cares for at least 7 persons.
Existing law requires the department to calculate and establish a
fee for initial licensure, and for extension of the period of
licensure, of an alcoholism or drug abuse recovery or treatment
facility. Existing law also prohibits fees from being levied for
licensure of nonprofit organizations or local governmental entities.
This bill would eliminate the prohibition against levying
licensing fees for licensure of nonprofit organizations or local
governmental entities, with respect to fees for licensure of an
alcoholism or drug abuse recovery or treatment facility or an adult
recovery maintenance facility.
Existing law requires a facility that serves 6 or fewer persons to
be considered a residential use of property for purposes of the
above-described provisions.
This bill would exempt from this requirement those facilities that
are located within 300 feet of another facility that is owned or
operated by the same person or entity and provides specified
services.
Existing law prohibits for purposes of all local ordinances a
facility that serves 6 or fewer persons from being included within
the definition of a boarding house or other similar term that implies
that the facility is a business run for profit or differs in any
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SB 1000 Senate Bill - INTRODUCED Page 2 of 12
other way from a single-family residence.
This bill would exempt from this prohibition any local ordinance
that requires a business license for the rental of residential
property.
This bill would establish the Residential and Outpatient Programs
Compliance Branch Licensing and Certification Trust Fund in the State
Treasury. The bill would require the trust fund, upon appropriation
by the Legislature, to be used exclusively to cover administrative
costs of the licensing and certification process established by the
bill.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11831.5 of the Health and Safety Code is
amended to read:
11831.5. (a) Certification shall be granted by the department
pursuant to this section to any qualified alcoholism or drug abuse
recovery or treatment program, regardless of the source of the
program's funding, upon approval of a completed application and
payment of the required fee. The certification shall be valid for a
period of not more than two years. The department may extend the
certification period upon receipt of an application for renewal and
payment of the required certification fee prior to the expiration
date of the certification.
(b) The purposes of certification under this section shall be all
of the following:
(1) To identify programs that exceed minimal levels of service
quality, are in substantial compliance with the department's
standards, and merit the confidence of the public, third-party
payers, and county alcohol and drug programs.
(2) To encourage programs to meet their stated goals and
objectives.
(3) To encourage programs to strive for increased quality of
service through recognition by the state and by peer programs in the
alcoholism and drug field.
(4) To assist programs to identify their needs for technical
assistance, training, and program improvements.
(c) Certification may be granted under this section on the basis
of evidence satisfactory to the department that the requesting
alcoholism or drug abuse recovery or treatment program has an
accreditation by a statewide or national alcohol or drug program
accrediting body. The accrediting body shall provide accreditation
that meets or exceeds the department's standards and is recognized by
the department.
by 4146 €9 ip } F, 04
(d) Certification, or the lack thereof, shall not
convey any approval or disapproval by the department, but shall be
for information purposes only.
(e) The standards developed pursuant to Section 11830
and the certification under this section shall satisfy the
requirements of Section 1463 .16 of the Penal Code.
(f) The department and the State Department of Social
Services shall enter into a meiaa-a- Q9
an interagency agreement to establish a process
by which the Department of Alcohol and Drug Programs can certify
residential facilities or programs serving primarily adolescents, as
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SB 1000 Senate Bill - INTRODUCED Page.3 of 12
defined in paragraph (1) of subdivision (a) of Section 1502,
^p-j- ®tha3a_ that provide alcoholism and
drug abuse recovery or treatment services.
(g) Regulations adopted by the department pursuant to
this section shall be adopted as emergency regulations in accordance
with Chapter 3 .5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, and for the purposes of
that chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3 .5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11346.1 of the Government Code, any
emergency regulations adopted pursuant to this section shall be filed
with, but not be repealed by, the Office of Administrative Law and
shall remain in effect until revised by the department. Nothing in.
this subdivision shall be interpreted to prohibit the department from
adopting subsequent amendments on a nonemergency basis or as
emergency regulations in accordance with the standards set forth in
Section 11346.1 of the Government Code.
SEC. 2 . Section 11834 .01 of the Health and Safety Code is amended
to read:
11834.01. (a) The department has the sole
authority in state government to license adult alcoholism or drug
abuse recovery or treatment facilities and adult recovery
maintenance facilities
(b) In administering this chapter, the
department shall issue new licenses for a period of two years to
those programs that meet the criteria for licensure set forth in
Section 11834 .03 , and the criteria for certification set forth
in Chapter 7 (commencing with Section 11830)
(c) Onsite program visits for compliance
shall be conducted at least once during }he ' ;^^^rI^ pg ;^d
each licensure or certification period. However, the
department may waive an onsite program visit for compliance no more
than once every other licensure or certification period if the
provider has demonstrated satisfactory compliance as determined by
regulation
--(0
(d) The department may conduct announced or
unannounced site visits to facilities licensed pursuant to this
chapter for the purpose of reviewing for compliance with all
applicable statutes and regulations. In addition, the department
may authorize a local code enforcement official, upon
request by this official, to conduct these site visits for this
purpose.
(e) Except where otherwise directly stated or necessarily implied,
all provisions of this chapter shall apply to adult alcoholism or
drug abuse recovery or treatment facilities and to adult recovery
maintenance facilities.
(f) On or before July 1, 2009, the department, in consultation
with providers of alcohol and other drug recovery, treatment,
detoxification, and adult recovery maintenance services, county
alcohol and drug program administrators, local government
jurisdictions, funding and referral organizations and agencies, and
appropriate state agencies, shall develop and adopt emergency
regulations governing the licensing and operation of adult recovery
maintenance facilities, including regulations governing services
related to special needs as these needs are identified by the
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SB 1000 Senate Bill - INTRODUCED Page 4 of 12
department.
SEC. 3 . Section 11834 .02 of the Health and Safety Code is amended
to read:
11834 .02. (a) As used in this chapter,
the following terms have the following meanings:
(1) "Alcoholism or drug abuse
recovery or treatment facility" "{^^ ' J*y"
means any premises, place, or building that provides 24-hour
residential nonmedical services to adults who are recovering from
problems related to alcohol, drug, or alcohol and drug misuse or
abuse, and who receive alcohol,
drug, or alcohol and drug recovery treatment or detoxification
services.
(2) "Adult recovery maintenance facility" means any facility,
place, or building that provides alcohol- or drug-free housing whose
rules, peer-led groups, staff activities, or other structured
operations are directed toward maintenance of sobriety for adults in
early recovery from substance abuse or adults who recently have
completed alcoholism or drug abuse recovery or treatment services.
This facility is designed to promote independent living in a
supervised setting, but does not provide professional recovery and
treatment services onsite. The facility may require that adults
receive offsite certified alcoholism or other drug treatment
services. The facility is otherwise authorized to receive public
funds for individual residents.
(3) "Adults" may include, but
are not limited to, a4- ^{
the following:
(A) Persons 18 years of age
or older and their minor children.
- (2)
(B) Emancipated minors, which may include,
but is not limited to, TM^ - persons
under 18 years of age and their minor children.
(e) As ;ased _-W4 4.14ss
(4) "Emancipated minors" means
persons under 18 years of age who have acquired emancipation status
pursuant to Section 7002 of the Family Code.
----W)
(b) Notwithstanding paragraph (1) of
subdivision (a) , an alcoholism or drug abuse recovery or
treatment facility may serve adolescents upon the issuance of a
waiver granted by the department pursuant to regulations adopted
under subdivision (c) of Section 11834.50.
SEC. 4 . Section 11834 .03 of the Health and Safety Code is amended
to read:
11834.03 . Any person or entity applying for licensure shall file
with the department, on forms provided by the department, all of the
following:
(a) A completed written application for licensure.
(b) A fire clearance approved by the State Fire Marshal or local
fire enforcement officer.
(c) A licensure fee, established by the department in accordance
with Section 11834.15.
(d) Documentation that the facility will be located in an area
that is zoned for residential use.
(e) Documentation that the facility has a conditional use permit
from the local jurisdiction if the facility cares for at least seven
persons.
(PU Added by Stats. 1993, Ch. 741, Sec. 1. Effective January 1,
1994. )
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SB 1000 Senate Bill - INTRODUCED Page 5 of 12
SEC. 5. Section 11834 .04 is added to the Health and Safety Code,
to read:
11834.04 . (a) Sober living homes are exempt from licensing.
However, to ensure .quality assurance of sober living homes, the
department may recognize sober living homes that have been certified,
registered, or approved by a recognized governmental or nonprofit
organization that provides a credible quality assurance service.
(b) "Sober living homes" means homes that provide room or board or
both, and that require residents to abstain from using alcohol or
illicit drugs, but do not provide or require participation in any
recovery maintenance activities, do not require supervision, do not
receive public funds for individual residents, and do not maintain
case management files as a condition of residency. However, residents
may form or participate in peer-led self-help groups within a sober
living home.
SEC. 6. Section 11834 .09 of the Health and Safety Code is amended
to read:
11834.09. (a) Upon receipt of a completed written application
for initial licensure or extension of licensure , fire
clearance, aNd 1 ;~e.,^;.,,. applicable fee
from the pLaGspaG, ;,,o 1 ee applicant and
other documentation required pursuant to Section 11834. 03 , and
subject to the department's review and determination that the
, ;~e,-,@ applicant can
comply with this chapter and regulations adopted pursuant to this
chapter, the department may issue a sli4qla ili~a-^^~ *;~
any of the following
(1) A single license to the following
types of alcoholism or drug abuse recovery or treatment
facilities:
— (42)
(A) A residential facility.
—2-
(B) A facility wherein separate buildings or
portions of a residential facility are integral components of a
single alcoholism or drug abuse recovery or treatment facility and
all of the components of the facility are managed by the same
�- provider .
(2) A single license to an adult recovery maintenance facility.
(3) A single certification to an outpatient program.
(b) The department shall commence the licensure of adult recovery
maintenance facilities only after developing and adopting regulations
for purposes of Section 11834. 01. However, the licensing activity
shall not commence later than January 1, 2010.
(c) Failure to submit a completed written
application for initial licensure or extension of licensure
, fire clearance, and payment of the required licensing or
certification fee in a timely manner shall result in
termination of the department's licensure or certification
review and shall require submission of a new application by the
1 ; e applicant
(d) Failure of the
applicant to demonstrate the ability to
comply with this chapter or the regulations adopted pursuant to this
chapter shall result in departmental denial of the
applicant's application
for licensure or certification
SEC. 7. Section 11834.10 of the Health and Safety Code is amended
to read:
11834.10. A licensee shall not operate an alcoholism or drug
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SB 1000 Senate Bill - INTRODUCED Page 6 of 12
abuse recovery or treatment facility or an adult recovery
maintenance facility beyond the conditions and limitations
specified on the license.
SEC. 8. Section 11834 .11 is added to the Health and Safety Code,
to read:
11834.11. On and after January 1, 2010, no state or local social
services, law enforcement, corrections agency, court, probation
officer, or parole officer shall refer any person to an alcoholism or
drug abuse recovery or treatment facility or an adult recovery
maintenance facility that is not licensed.
SEC. 9. Section 11834 .15 of the Health and Safety Code is amended
to read:
11834 .15. (a) (1) The department shall
calculate and establish the fee for initial licensure or
certification of alcoholism or drug abuse recovery or treatment
facilities and for extension of the period of licensure or
certification . The nonrefundable licensing or
certification fee shall be calculated every two years
ap.--ame4!ki44 ee;zeY }i,^ ,,^ ga4meRt, ^}
eev^'z"s6ee'� ^^J eti'^v izee 3613 '6 1 i3�6i;; 413-6 e14apt.Q rA; @-1@ig
legal ,..�- e.,a-;t; No goo Qh@11
m�--3-e�i a��a~' �i e�,;����� �a�s������ar-�.,•-�ee•s���a�
(2) The initial fee for licensure or certification shall equal the
department's cost of processing the application, performing the
onsite visit, conducting followup visits, and investigating
complaints.
(3) The extension fee for licensure or certification shall equal
the department's cost of processing the extension application,
performing compliance visits, and investigating complaints.
(b) -44@- (1 )
The licensing and certification fees required pursuant to this
section may be imposed by the department as of January 1,
2010, for all initial and extension applications.
(2) The department may assess
civil penalties in accordance with Sections 11834.31 and 11834 .34.
(c) The department may charge a fee to cover the cost of a
followup visit to determine program compliance.
(d) (1) On or before July 1, 2009, the department shall adopt
emergency regulations, applicable only to adult recovery maintenance
facilities, to implement the fee process for initial licensure,
extension of licensure, initial certification, extension of
certification, followup compliance visit, and civil penalties.
(2) The initial fee for licensure or certification shall equal the
department's cost of processing the application, performing the
onsite visit, issuing initial licenses, conducting followup visits,
and investigating complaints.
(e) There is hereby established in the State Treasury a
Residential and Outpatient Programs Compliance Branch Licensing and
Certification Trust Fund. All initial licensure fees, extension of
licensure fees, initial certification fees, extension of
certification fees, followup compliance visit fees, and civil penalty
fees collected from the providers of licensing and certification
services shall be deposited into this fund.
(f) (1) Upon appropriation by the Legislature, the trust fund
shall be used exclusively to cover the administrative costs of the
licensing and certification process incurred by the department,
including staff salaries and benefits, related travel costs, and
state operational and administrative costs.
(2) A reserve equal to 10 percent of the total initial licensure
fees, extension of licensure fees, initial certification fees,
extension of certification fees, followup compliance visit fees, and
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SB 1000 Senate Bill - INTRODUCED Page 7 of 12
civil penalty fees collected during the preceding fiscal year may be
held in each trust account to reimburse the department if the actual
cost for the licensure, certification, inspection, and investigation
exceeds fees collected during a fiscal year.
(3) Except as otherwise provided in this section, if funds remain
in the trust fund after appropriation by the Legislature and
allocation for the costs associated with the initial licensure and
extension of licensure of alcoholism or drug abuse recovery or
treatment facilities, the initial licensure or extension of licensure
of adult recovery maintenance facilities, the initial licensure and
extension of licensure of outpatient programs, and followup
compliance visits, a percentage of the excess funds, to be determined
by the department, shall be annually set aside for automation,
technical assistance, and training of providers.
SEC. 10. Section 11834.16 of the Health and Safety Code is
repealed.
be rah d gg a—peY eGJ Qf t' yeaNp gggg;
17.,pai;t,,4ev,t a;ay �.��,.. a
ev F eta^ve�e ''z'ewe:: a99!!ea4!ei4 f-eLQ A34�6�?6iAi-t•a d JRA5LM@i44 e 6
e a#! ,late @�;Q i; 44@
1-66e66 ca4i, e f-,-. tj.e „l 44014
eep^.=srr^vee�a'v'� ze^^ e�€�6es'6 e€ 413e ON �•• � �••
venue ei4 De the eeepaz�eeee i:e 4146 €e6 jg3P!9Y 4@ the
o,rj@;Yat;eQ date eN. Lie I ;eelase' shall r-ese�1t; th.Q ,*^ R};
�arp ae a ez }fie ;ee se aA; t1ge a d of t4;e 4i'AQ yaai; ' , e
pegalod
SEC. 11. Section 11834.16 is added to the Health and Safety Code,
to read:
11834 .16. In order to obtain a license or certification, the
provider shall submit to the department a complete written
application for extension and appropriate licensure or certification
fee for each subsequent two-year period 30 days prior to the
expiration date shown on the license or certification. Failure to
submit the required written application and extension fee prior to
the expiration date shown on the license or certification shall
result in automatic termination of the license or certification by
the operation of law.
SEC. 12 . Section 11834 .17 of the Health and Safety Code is amended
to read:
11834.17. No city, county, city and county, or district shall
adopt or enforce any building ordinance or local rule or
real. -ices regulation relating to the subject
of fire and life safety in alcoholism and drug abuse recovery or
treatment facilities 4;i r_1; or adult
recovery maintenance facilities that is more restrictive than
those standards adopted by the State Fire Marshal.
SEC. 13 . Section 11834.18 of the Health and Safety Code is amended
to read:
11834.18. (a) Nothing in this chapter shall authorize the
imposition of rent regulations or controls for licensed alcoholism or
drug abuse recovery or treatment facilities or adult recovery
maintenance facilities .
(b) Licensed alcoholism and drug abuse recovery or treatment
facilities and adult recovery maintenance facilities shall
not be subject to controls on rent imposed by any state or local
agency or other local government or entity.
SEC. 14. Section 11834 .20 of the Health and Safety Code is amended
to read:
11834 .20. The Legislature hereby declares that it is the policy
of this state that each county and city shall permit and encourage
the development of sufficient numbers and types of alcoholism or drug
abuse recovery or treatment facilities and adult recovery
maintenance facilities as are commensurate with local need
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SB 1000 Senate Bill - INTRODUCED Page 8 of 12
exclusive of the needs of other jurisdictions
The provisions of this article apply equally to any chartered
city, general law city, county, city and county, district, and any
other local public entity.
For the purposes of this article, "six or fewer persons" does not
include the licensee —eg , members of the
licensee' s family persons
employed as facility staff , or minor dependents of the resident
SEC. 15. Section 11834.21 of the Health and Safety Code is amended
to read:
11834.21. Any person licensed under this chapter who operates or
proposes to operate an alcoholism or drug abuse recovery or treatment
facility or an adult recovery maintenance facility , the
department or other public agency authorized to license such a
facility, or any public or private agency —Ql;
that uses or may use the services of the facility to place
its clients, may invoke the provisions of this article.
This section shall not be construed to prohibit any interested
party from bringing suit to invoke the provisions of this article.
SEC. 16. Section 11834 .22 of the Health and Safety Code is amended
to read:
11834.22 . An alcoholism or drug abuse recovery or treatment
facility �i^ or an adult recovery
maintenance facility that serves six or fewer persons shall not
be subject to any business taxes, local registration fees, use
permit fees, or other fees to which other single-family dwellings are
not likewise subject. Nothing in this section shall be construed to
forbid the imposition of local property taxes, fees for water service
and garbage collection, fees for inspections not prohibited by
Section 11834.23, local bond assessments, and other fees, charges,
and assessments to which other single-family dwellings are likewise
subject. Neither the State Fire Marshal nor any local public entity
shall charge any fee for enforcing fire inspection regulations
pursuant to state law or regulation or local ordinance, with respect
to alcoholism or drug abuse recovery or treatment facilities
..,h-^'_' or adult recovery maintenance facilities that
serve six or fewer persons.
SEC. 17. Section 11834.23 of the Health and Safety Code is amended
to read:
11834 .23 . Whether or not unrelated persons are living together,
an alcoholism or drug abuse recovery or treatment facility
wlgi g�4— or an adult recovery maintenance facility that
serves six or fewer persons shall be considered a residential
use of property for the purposes of this article , unless the
facility is located within 300 feet of another facility that is owned
or operated by the same person or entity and provides services that
are integral or shared components of the services provided by the
other facility . In addition, the residents and operators of
—wu.r.h @-- the facility shall be considered
a family for the purposes of any law or zoning ordinance
.4-^14 that relates to the residential use of
property pursuant to this article.
For the purpose of all local ordinances, except an ordinance
that requires a business license for the rental of residential
property, an alcoholism or drug abuse recovery or treatment
facility wL it-h or an adult recovery
maintenance facility that serves six or fewer persons shall not
be included within the definition of a boarding house, rooming
house, institution or home for the care of minors, the aged, or the
mentally infirm, foster care home, guest home, rest home, sanitarium,
mental hygiene home, or other similar term ..,l,=^h
that implies that the alcoholism or drug abuse recovery or
treatment home or the adult recovery maintenance facility
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SB 1000 Senate Bill -INTRODUCED Page 9 of 12
is a business run for profit or differs in any other way from a
single-family residence.
This section shall not be construed to forbid any city, county, or
other local public entity from placing restrictions on building
heights, setback, lot dimensions, or placement of signs of an
alcoholism or drug abuse recovery or treatment facility
..;.1 or an adult recovery maintenance facility that
serves six or fewer persons as long as the restrictions are
identical to those applied to other single-family residences.
This section shall not be construed to forbid the application to
an alcoholism or drug abuse recovery or treatment facility or an
adult recovery maintenance facility of any local ordinance
- LiG r that deals with health and
safety, building standards, environmental impact standards, or any
other matter within the jurisdiction of a local public entity.
However, the ordinance shall not distinguish alcoholism or drug abuse
recovery or treatment facilities .4,_r1, or
adult recovery maintenance facilities that serve six or fewer
persons from other single-family dwellings or distinguish residents
of alcoholism or drug abuse recovery or treatment facilities or
adult recovery maintenance facilities from persons who reside
in other single-family dwellings.
No conditional use permit, zoning variance, or other zoning
clearance shall be required of an alcoholism or drug abuse recovery
or treatment facility -;Li Q'; or an adult
recovery maintenance facility that serves six or fewer persons
that is not required of a single-family residence in the same zone.
Use of a single-family dwelling for purposes of an alcoholism or
drug abuse recovery or treatment facility or an adult recovery
maintenance facility serving six or fewer persons shall not
constitute a change of occupancy for purposes of Part 1.5 (commencing
with Section 17910) of Division 13 or local building codes. However,
nothing in this section is intended to supersede Section 13143 or
13143 .6, to the extent those sections are applicable to alcoholism or
drug abuse recovery or treatment facilities or adult recovery
maintenance facilities serving six or fewer residents.
SEC. 18. Section 11834.24 of the Health and Safety Code is amended
to read:
11834.24. No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to an alcoholism
or drug abuse recovery or treatment facility or an
adult recovery maintenance facility
because of a failure to comply with local ordinances from which
the facility is exempt under Section 11834.23, if the applicant
otherwise qualifies for a fire clearance, license, permit, or similar
authorization.
SEC. 19. Section 11834 .25 of the Health and Safety Code is amended
to read:
11834.25. (a) For the purposes of any
contract, deed, or covenant for the transfer of real property
executed on or after January 1, 1979, an alcoholism or drug abuse
recovery or treatment facility •-wLi Q'; that
serves six or fewer persons shall be considered a residential use of
property and a use of property by a single family, notwithstanding
any disclaimers to the contrary.
(b) For the purposes of any contract,
deed, or covenant for the transfer of real property executed on or
after the date that licensure commences for adult recovery
maintenance facilities, an adult recovery maintenance facility that
serves six or fewer persons shall be considered a residential
use of property and a use of property by a single family,
notwithstanding any disclaimers to the contrary.
SEC. 20. Section 11834.26 of the Health and Safety Code is amended
to read:
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SB 1000 Senate Bill - INTRODUCED Page 10 of 12
11834.26. (a) Th.0 11^@^ An alcoholism
or drug abuse recovery or treatment facility shall provide at
least one of the following nonmedical services:
(1) Recovery services.
(2) Treatment services.
(3) Detoxification services.
(b) The department shall adopt regulations requiring records and
procedures that are appropriate for each of the services specified in
subdivision (a) . The records and procedures may include all of the
following:
(1) Admission criteria.
(2) Intake process.
(3) Assessments.
(4) Recovery, treatment, or detoxification planning.
(5) Referral.
(6) Documentation of provision of recovery, treatment or
detoxification services.
(7) Discharge and continuing care planning.
(8) Indicators of recovery, treatment, or detoxification
outcomes.
(c) In the development of regulations implementing this section,
the written record requirements shall be modified or adapted for
social model programs.
(d) An adult recovery maintenance facility shall provide, but not
be limited to providing, any of the following recovery maintenance
services:
(1) Aftercare.
(2) Referral to community resources.
(3) Referral to offsite certified alcoholism or other drug
recovery or treatment services when required.
(4) Documentation on progress made or services received from
referral agencies.
(5) Participation in self-help groups on or off premises.
(e) The adult recovery maintenance facility may require or provide
drug and alcohol testing and self-help groups on or off the
premises.
(f) The adult recovery maintenance facility shall maintain records
in order to document the services provided.
(g) The licensee shall require all residents to be alcohol and
drug free and provide testing to demonstrate compliance.
SEC. 21. Section 11834.30 of the Health and Safety Code is amended
to read:
11834.30. (a) No person, firm, partnership,
association, corporation, or local governmental entity shall
operate, establish, manage, conduct, or maintain an alcoholism or
drug abuse recovery or treatment facility or an adult recovery
maintenance facility to provide recovery, treatment,
sue- detoxification , or recovery maintenance
services within this state without first obtaining a current valid
license issued pursuant to this chapter.
(b) No person, firm, partnership, association, corporation, or
local governmental entity shall operate, establish, manage, conduct,
or maintain an adult recovery maintenance facility to provide
recovery maintenance services within this state without first
obtaining a current valid license issued pursuant to this chapter.
(c) Any facility that is operated primarily for the purpose of
providing alcoholism or drug abuse recovery or treatment services or
requires clients to obtain these services and requires supervision
shall be licensed.
(d) Any provider of both an alcoholism and drug abuse recovery or
treatment services facility and an adult recovery maintenance
facility shall hold a separate license for each facility.
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SEC. 22 . Section 11834.31 of the Health and Safety Code is amended
to read:
11834.31. If a facility is alleged to be in violation of Section
11834 .30, the department shall conduct a site visit to investigate
the allegation. If the department's employee or agent finds evidence
that the facility is providing alcoholism or drug abuse recovery,
treatment, __ detoxification , or recovery
maintenance services without a license, the employee or agent
shall take the following actions:
(a) Submit the findings of the investigation to the department.
(b) Upon departmental authorization, issue a written notice to
the facility stating that the facility is operating in violation of
Section 11834 .30. The notice shall include all of the following:
(1) The date by which the facility shall cease providing
services.
(2) Notice that the department will assess against the facility a
civil penalty of two hundred dollars ($200) per day for every day
the facility continues to provide services beyond the date specified
in the notice.
(3) Notice that the case will be referred for civil proceedings
pursuant to Section 11834 .32 in the event the facility continues to
provide services beyond the date specified in the notice.
(c) Inform the facility of the licensing requirements of this
chapter.
SEC. 23 . Section 11834.32 of the Health and Safety Code is amended
to read:
11834.32 . (a) The director may bring an action to enjoin the
violation of Section 11834 .30 in the superior court in and for the
county in which the violation occurred. Any proceeding under this
section shall conform to the requirements of Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, except that the director shall not be required to allege
facts necessary to show or tending to show lack of adequate remedy at
law or irreparable damage or loss.
(b) With respect to any and all actions brought pursuant to this
section alleging actual violation of Section 11834 .30, the court
shall, if it finds the allegations to be true, issue its order
enjoining the alcoholism or drug abuse recovery or treatment facility
or the adult recovery maintenance facility from
continuance of the violation.
SEC. 24. Section 11834.36 of the Health and Safety Code is amended
to read:
11834.36. (a) The director may suspend or revoke any license
or certification issued under this chapter, or deny an
application for licensure or certification for extension
of the licensing or certification period, or to modify
the terms and conditions of a license or certification
upon any of the following grounds and in the manner provided in this
chapter:
(1) Violation by the licensee or certified provider of
any provision of this chapter or regulations adopted pursuant to
this chapter.
(2) Repeated violation by the licensee or certified provider
of any of the provisions of this chapter or regulations
adopted pursuant to this chapter.
(3) Aiding, abetting, or permitting the violation of, or any
repeated violation of, any of the provisions described in paragraph
(1) or (2) .
(4) Conduct in the operation of an alcoholism or drug abuse
recovery or treatment facility or an adult recovery maintenance
facility that is inimical to the health, morals, welfare, or
safety of either an individual in, or receiving services from, the
facility or to the people of the State of California.
(5) Misrepresentation of any material fact in obtaining the
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SB 1000 Senate Bill -INTRODUCED Page 12 of 12
alcoholism or drug abuse recovery or treatment, facility license
or the adult recovery maintenance facility license, or
misrepresentation of any material fact in obtaining certification
(6) Failure to pay any civil penalties assessed by the
department.
(b) The director may temporarily suspend any license prior to any
hearing when, in the opinion of the director, the action is
necessary to protect residents of the alcoholism or drug abuse
recovery or treatment facility or the adult recovery maintenance
facility from physical or mental abuse, abandonment, or any
other substantial threat to health or safety. The director shall
notify the licensee of the temporary suspension and the effective
date of the temporary suspension and at the same time shall serve the
provider with an accusation. upon receipt of a notice of defense to
the accusations from the licensee, the
director shall, within 15 days, set the matter for hearing, and the
hearing shall be held as soon as possible. The temporary suspension
shall remain in effect until the time the hearing is completed and
the director has made a final determination on the merits. However,
the temporary suspension shall be deemed vacated if the director
fails to make a final determination on the merits within 30 days
after the department receives the proposed decision from the Office
of Administrative Hearings.
SEC. 25. Section 11834.50 of the Health and Safety Code is amended
to read:
11834 .50. The department shall adopt regulations to implement
this chapter in accordance with the purposes required by Section
11835. These regulations shall be adopted only after consultation
with appropriate groups affected by the proposed regulations. The
regulations shall include, but not be limited to, all of the
following:
(a) Provision for a formal appeal process for the denial,
suspension, or revocation of a license or certification
(b) Establishment of requirements for compliance, procedures for
issuance of deficiency notices and civil penalties for
noncompliance.
(c) Provision for the issuance of a waiver for an alcoholism or
drug abuse recovery or treatment facility to serve not more than
three adolescents, or 10 percent of the total licensed capacity,
whichever is less, age 14 years and older, when a need exists and
services specific to adolescents are otherwise unavailable. The
regulations shall specify the procedures and criteria for granting
the waiver. The procedures shall include, but not be limited to,
criminal record reviews and fingerprinting.
(d) Establishment of the elements and minimum requirements for
recovery, treatment, and detoxification , and
recovery maintenance services.
(e) Provision for an expedited process for reviewing an
application for licensure when a license is terminated pursuant to
subdivision (c) of Section 11834.40.
http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0951-1000/sb_1000_bill_20070223_introduced.html 3/26/2007
I
IV
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Search Results - THOMAS (Library of Congress) Page 1 of 1
!HR 1023 IH
110th CONGRESS
1st Session
H. R. 1023
To repeal the imposition of withholding on certain payments made to vendors by government
entities.
IN THE HOUSEOF REPRESENTATIVES
February 3, 2007
Mr. MEEK of Florida (for himself and Mr. HERGER) introduced the following bill; which was
referred to the Committee on Ways and Means
A BILL
o repeal the imposition of withholding on certain payments made to vendors by government
entities.
I Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
ISECTION 1. REPEAL OF IMPOSITION OF WITHHOLDING ON CERTAIN,
PAYMENTSTO VENDORS BY GOVERNMENT ENTITIES.
The amendment made by section 511 of the Tax Increase Prevention and Reconciliation
Act of 2005 is hereby repealed and the Internal Revenue Code of 1986 shall be applied
as if such amendment had never been enacted.
END
THO AS Horne I Contact I Accessibility I regal I VSA.goy
http://thomas.loc.gov/cgi-bin/query/C?c 110:./temp/—c 1108py68a 3/26/2007
Search Results - THOMAS (Library of Congress) Page 1 of 1
I SEC. 511. IMPOSITION OF WITHHOLDING ON CERTAIN PAYMENTS MADE r
BY GOVERNMENT ENTITIES. I
(a) In General- Section 3402 is amended by adding at the end the following new subsection:
(t) Extension of Withholding to Certain Payments Made by Government Entities-
(1) GENERAL RULE- The Government of the United States, every State, every political
subdivision thereof, and every instrumentality of the foregoing (including multi-State
agencies) making any payment.to any person providing any property or services (including
any payment made in connection with a government voucher or certificate program which
functions as a payment for property or services) shall deduct and withhold from such
payment a tax in an amount equal to 3 percent of such payment.
(2) PROPERTY AND SERVICES SUBJECT TO WITHHOLDING- Paragraph (1) shall not apply
i
to any payment-- -
(A) except as provided in subparagraph (B), which is subject to withholding under
any other provision of this chapter or chapter 3,
' (B) which is subject to withholding under section 3406 and from which amounts are
being withheld under such section, i
(C) of interest,
(D) for real property,
s
' (E) to any governmental entity subject to the requirements of paragraph (1), any
tax -exempt entity, or any foreign government,
i
' (F) made pursuant to a classified or confidential contract described in section 6050M
(e)(3),
(G) made by a political subdivision of a State (or any instrumentality thereof) which
makes less than $100,000,000 of such payments annually,
i
(H) which is in connection with a public assistance or public welfare program for
which eligibility is determined by a needs or income test, and
(I) to any government employee not otherwise excludable with respect to their
services as an employee.
� t
(3) COORDINATION WITH OTHER SECTIONS- For purposes of sections 3403 and 3404 �
and for purposes of so much of subtitle F (except section 7205) as relates to this chapter, i
payments to any person for property or services which are subject to withholding shall be
treated as if such payments were wages paid by an employer to an employee.'.
g
(b) Effective Date- The amendment made by this section shall apply to payments made after
December 31, 2010.
Y
http://thomas.loc.gov/cgi-bin/query/F?cI09:15:./temp/- mdbs7HW38A:e61659: 3/20/2007
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administration
SUBJECT: Intergovernmental Relations Recommendations
COUNCIL MEETING DATE: April 16, 2007
RCA ATTACH M ENT STATUS x
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached - ❑
Not Ap licable
Contract/Agreement (w/exhibits if applicable) Attached ❑
Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
,-EXPLANATION' TI FOR W§gt" i"TT C T ' , w.
REVIEWED = 'fETURNELI FORAR ED
Administrative Staff
Assistant City Administrator Initial (�
City Administrator Initial
City Clerk
EXPLANATION;:FQR RETaIRN QF,ITEM _ . W
(Below - Only)
RCA Author: Dapkus
Page 1 of 1
Esparza, Patty
From: Lugar, Robin
Sent: Monday, April 09, 2007 4:48 PM
To: Esparza, Patty
Cc: Dapkus, Pat
Subject: FW: HR 1023
Patty,
Please replace the existing language provided under Item F-1, 8. Support HR 1023 (Meeks)with the following ...
thanks!
From: Dapkus, Pat
Sent: Monday, April 09, 2007 4:26 PM
To: Lugar, Robin
�S�ubjjec�t: H,R1023 -
SUPPORT HR 1023 (Meeks) - Repealing Section 511 of Tax Increase Prevention and Reconciliation Act of
2005. Section 511 would require local government, beginning on January 1, 2011, to collect a 3%withholding tax
on payments to certain vendors.
Pat bapkus -----_____ _
(714) 536-5579 _
(714) 536-5233 (FAX)
� 1
4/9/2007