Bills

AB 770: Residential care facilities for the elderly.

Session Year: 2023-2024
House: Assembly
Latest Version Date: 2023-04-27

Current Status:

Failed

(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

What does this bill do?

The bill makes any residential care facility for the elderly that is licensed by the State Department of Social Services and provides onsite services be treated the same as a regular family home under local zoning and related rules, regardless of how many beds it has. If such a facility is in a family dwelling and has more than six beds, at least 30% of the beds above the first six must be reserved for low‑income people or recipients of SSI/SSP (Supplemental Security Income/State Supplementary Payment) benefits.

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Existing law, the California Residential Care Facilities for the Elderly Act (act), requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. Under existing law, whether or not unrelated persons are living together, a residential care facility for the elderly that serves 6 or fewer persons is considered a residential use of property, as specified. Existing law makes certain violations of the act a crime.

This bill would revise those provisions by deleting the restriction to facilities that serve 6 or fewer and instead referring to residential care facilities for the elderly that are licensed by the State Department of Social Services and provide onsite services. The bill would also require that such a facility that has greater than 6 beds reserve a minimum of 30% of the additional beds for low-income individuals or recipients of specified benefits. By expanding the number of facilities subject to the provisions of the act, thereby expanding the crimes associated with the act, and by creating a new crime this bill would establish a state-mandated local program.

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.

(1)Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs.This bill would additionally require the housing element to identify adequate sites for special needs housing, and would require the existing analysis of the jurisdictions special housing needs to consider housing needs for persons with chronic illness. The bill would also require the housing element to include an assessment of residential community care facilities, as defined. By expanding the duties of local planning agencies, this bill would establish a state-mandated local program.(2)The

Existing law, the California Residential Care Facilities for the Elderly Act (act) (act), requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. Under existing law, whether or not unrelated persons are living together, a residential care facility for the elderly that serves 6 or fewer persons is considered a residential use of property, as specified. Existing law makes certain violations of the act a crime.

(3)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 the statutory provisions noted above.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would additionally require the housing element to identify adequate sites for special needs housing, and would require the existing analysis of the jurisdictions special housing needs to consider housing needs for persons with chronic illness. The bill would also require the housing element to include an assessment of residential community care facilities, as defined. By expanding the duties of local planning agencies, this bill would establish a state-mandated local program.

(2)The California Residential Care Facilities for the Elderly Act (act) requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. Under existing law, whether or not unrelated persons are living together, a residential care facility for the elderly that serves 6 or fewer persons is considered a residential use of property, as specified.

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 the statutory provisions noted above.

The Employee Housing Act requires a person operating employee housing to obtain a permit to operate that housing. The act requires that buildings used for human habitation within employee housing comply with the building standards of the State Building Standards Code relating to employee housing and with other regulations adopted in accordance with the act, except as specified.This bill would make nonsubstantive changes to the building standards compliance requirement.

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The people of the State of California do enact as follows:SECTION 1.Section 1569.85 of the Health and Safety Code is amended to read:1569.85.

(a)Whether or not unrelated persons are living together, a residential care facility for the elderly that is licensed by the State Department of Social Services and provides onsite services, shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this article.

(b)For the purpose of all local ordinances, a residential care facility for the elderly that is licensed by the State Department of Social Services and provides onsite services, shall not be included within the definition of a boarding house, rooming house, institution or home for the care of the aged, guest home, rest home, community residence, or differs in any other way from a family dwelling.

(c)This section shall not be construed to forbid a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of a residential care facility for the elderly that is licensed by the State Department of Social Services and provides onsite services, as long as the restrictions are identical to those applied to other family dwellings of the same type in the same zone.

(d)This section shall not be construed to forbid the application to a residential care facility for the elderly of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity if the ordinance does not distinguish residential care facilities for the elderly that are licensed by the State Department of Social Services and provide onsite services from other family dwellings of the same type in the same zone and if the ordinance does not distinguish residents of the residential care facilities for the elderly from persons who reside in other family dwellings of the same type in the same zone.

(e)A conditional use permit, zoning variance, or other zoning clearance shall not be required of a residential care facility for the elderly that is licensed by the State Department of Social Services and provides onsite services, and that is not required of a family dwelling of the same type in the same zone.

(f)Use of a family dwelling for purposes of a residential care facility for the elderly that is licensed by the State Department of Social Services and provides onsite services, 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, this section does not supersede Section 13143 or 13143.6, to the extent these sections are applicable to residential care facilities for the elderly that are licensed by the State Department of Social Services and provide onsite services.

(g)A residential care facility for the elderly that is licensed by the State Department of Social Services and provides onsite services located in a family dwelling with greater than six beds, shall reserve, at a minimum, 30 percent of all beds, after the first six, for low-income individuals or recipients of Supplemental Security Income/State Supplementary Payment Program benefits described in Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.

(g)

(h)For the purposes of this section, family dwelling, includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

The people of the State of California do enact as follows:SECTION 1.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, mobilehomes, special needs housing, and emergency shelters, 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 localitys 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 localitys 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 jurisdictions 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 and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the localitys housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdictions duty to affirmatively further fair housing.(4)(A)The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.(B)Emergency shelters shall only be subject to the following written, objective standards:(i)The maximum number of beds or persons permitted to be served nightly by the facility.(ii)Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.(iii)The size and location of exterior and interior onsite waiting and client intake areas.(iv)The provision of onsite management.(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.(vi)The length of stay.(vii)Lighting.(viii)Security during hours that the emergency shelter is in operation.(C)For purposes of this paragraph, emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.(D)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(E)If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).(F)A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.(G)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.(H)The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:(i)Vacant sites zoned for residential use.(ii)Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include, health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.(iii)Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.(I)The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be constructed as establishing a development standard applicable to the siting, development, or approval of a shelter.(J)Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.(5)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 (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. 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, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a localitys share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the localitys planning for the development of housing for all income levels and the construction of that housing.(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; persons with chronic illness; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.(9)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 localitys 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 that 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 that 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 that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.(10)An analysis of existing residential community care facilities. A residential community care facility, or RCCF, for the purpose of this section, means a licensed residential care facility, as that term is defined in Section 1502 of the Health and Safety Code, that is occupied by persons who consider the community care facility their usual place of residence. An RCCF offers onsite services for elderly persons, persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code, or for persons with chronic illness in a family home setting.(A)The analysis shall include a listing of licensed RCCFs by project name and address, the total number of elderly and nonelderly beds, and an estimate for how many homes and beds are lost from the housing stock in each year during the 10-year period.(B)The analysis shall estimate the total cost of expanding existing RCCFs and producing new facilities. This cost analysis for expansion and new 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 operators known to the local government that have legal and managerial capacity to acquire and manage RCCFs.(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to expand, support, and preserve RCCFs for lower income and disabled persons, including, but not limited to, state-funded assisted living waivers, United States Veterans Administration Benefits, Supplemental Security Income and the State Supplementary Program for the Aged, Blind, and Disabled benefits, State Department of Developmental Services programs, or other subsidy programs.(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys 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 objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.(c)A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that 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, the provision of regulatory concessions and incentives, 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)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.(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 and nongovernmental 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, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).(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 and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) 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 (9) 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)Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, accessory dwelling units has the same meaning as accessory dwelling unit as defined in paragraph (4) of subdivision (i) of Section 65852.2.(8)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 other general plan elements and community goals.(9)Include a diligent effort by the local government 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.(10)(A)Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:(i)A summary of fair housing issues in the jurisdiction and an assessment of the jurisdictions fair housing enforcement and fair housing outreach capacity.(ii)An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.(iii)An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).(iv)An identification of the jurisdictions fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.(v)Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.(B)A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.(C)The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:(A)How the joint facility will meet the jurisdictions emergency shelter need.(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.(C)The amount and source of the funding that the jurisdiction contributes to the facility.(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.(e)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, when a city, county, or city and county submits a 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, when 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.(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:(A)The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.(B)There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.(i)Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.(j)On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.SEC. 2.SECTION 1.Section 1569.85 of the Health and Safety Code is amended to read:1569.85.

(g)For the purposes of this section, family dwelling, includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments.

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.SEC. 2.

The people of the State of California do enact as follows:SECTION 1.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, mobilehomes, special needs housing, and emergency shelters, 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 localitys 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 localitys 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 jurisdictions 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 and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the localitys housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdictions duty to affirmatively further fair housing.

(4)(A)The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.

(B)Emergency shelters shall only be subject to the following written, objective standards:

(i)The maximum number of beds or persons permitted to be served nightly by the facility.

(ii)Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.

(iii)The size and location of exterior and interior onsite waiting and client intake areas.

(iv)The provision of onsite management.

(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.

(vi)The length of stay.

(vii)Lighting.

(viii)Security during hours that the emergency shelter is in operation.

(C)For purposes of this paragraph, emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

(D)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(E)If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).

(F)A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.

(G)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.

(H)The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:

(i)Vacant sites zoned for residential use.

(ii)Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include, health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.

(iii)Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.

(I)The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be constructed as establishing a development standard applicable to the siting, development, or approval of a shelter.

(J)Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.

(5)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 (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. 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, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).

(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a localitys share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the localitys planning for the development of housing for all income levels and the construction of that housing.

(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; persons with chronic illness; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.

(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.

(9)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 localitys 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 that 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 that 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 that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.

(10)An analysis of existing residential community care facilities. A residential community care facility, or RCCF, for the purpose of this section, means a licensed residential care facility, as that term is defined in Section 1502 of the Health and Safety Code, that is occupied by persons who consider the community care facility their usual place of residence. An RCCF offers onsite services for elderly persons, persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code, or for persons with chronic illness in a family home setting.

(A)The analysis shall include a listing of licensed RCCFs by project name and address, the total number of elderly and nonelderly beds, and an estimate for how many homes and beds are lost from the housing stock in each year during the 10-year period.

(B)The analysis shall estimate the total cost of expanding existing RCCFs and producing new facilities. This cost analysis for expansion and new 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 operators known to the local government that have legal and managerial capacity to acquire and manage RCCFs.

(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to expand, support, and preserve RCCFs for lower income and disabled persons, including, but not limited to, state-funded assisted living waivers, United States Veterans Administration Benefits, Supplemental Security Income and the State Supplementary Program for the Aged, Blind, and Disabled benefits, State Department of Developmental Services programs, or other subsidy programs.

(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.

(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys 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 objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.

(c)A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that 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, the provision of regulatory concessions and incentives, 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)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.

(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.

(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.

(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 and nongovernmental 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, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).

(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 and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.

(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) 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 (9) 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)Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, accessory dwelling units has the same meaning as accessory dwelling unit as defined in paragraph (4) of subdivision (i) of Section 65852.2.

(8)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 other general plan elements and community goals.

(9)Include a diligent effort by the local government 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.

(10)(A)Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:

(i)A summary of fair housing issues in the jurisdiction and an assessment of the jurisdictions fair housing enforcement and fair housing outreach capacity.

(ii)An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.

(iii)An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).

(iv)An identification of the jurisdictions fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.

(v)Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.

(B)A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.

(C)The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.

(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.

(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.

(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:

(A)How the joint facility will meet the jurisdictions emergency shelter need.

(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.

(C)The amount and source of the funding that the jurisdiction contributes to the facility.

(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.

(e)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, when a city, county, or city and county submits a 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, when 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.

(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:

(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.

(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.

(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.

The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.

(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:

(A)The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(B)There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.

(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.

(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.

(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.

(i)Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.

(j)On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.

SEC. 2.Section 1569.85 of the Health and Safety Code is amended to read:1569.85.

(a)Whether or not unrelated persons are living together, a residential care facility for the elderly that serves six or fewer persons is licensed by the State Department of Social Services and provides onsite services, shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this article.

(b)For the purpose of all local ordinances, a residential care facility for the elderly that serves six or fewer persons is licensed by the State Department of Social Services and provides onsite services, shall not be included within the definition of a boarding house, rooming house, institution or home for the care of the aged, guest home, rest home, community residence, or other similar term that implies that the residential care facility for the elderly is a business run for profit or differs in any other way from a family dwelling.

(c)This section shall not be construed to forbid a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of a residential care facility for the elderly that serves six or fewer persons is licensed by the State Department of Social Services and provides onsite services, as long as the restrictions are identical to those applied to other family dwellings of the same type in the same zone.

(d)This section shall not be construed to forbid the application to a residential care facility for the elderly of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity if the ordinance does not distinguish residential care facilities for the elderly that serve six or fewer persons are licensed by the State Department of Social Services and provide onsite services from other family dwellings of the same type in the same zone and if the ordinance does not distinguish residents of the residential care facilities for the elderly from persons who reside in other family dwellings of the same type in the same zone.

(e)No A conditional use permit, zoning variance, or other zoning clearance shall not be required of a residential care facility for the elderly that serves six or fewer persons is licensed by the State Department of Social Services and provides onsite services, and that is not required of a family dwelling of the same type in the same zone.

(f)Use of a family dwelling for purposes of a residential care facility for the elderly serving six or fewer persons that is licensed by the State Department of Social Services and provides onsite services, 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 this section does not supersede Section 13143 or 13143.6, to the extent these sections are applicable to residential care facilities for the elderly providing care for six or fewer residents. that are licensed by the State Department of Social Services and provide onsite services.

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.

SECTION 1.Section 17001 of the Health and Safety Code is amended to read:17001.Buildings used for human habitation, and buildings accessory thereto, within employee housing shall comply with the building standards published in the State Building Standards Code relating to employee housing and with the other regulations adopted pursuant to this part, unless a local ordinance prescribing minimum standards adopted in accordance with Sections 17958.5 and 17958.7 which is equal to those regulations is applicable. Notwithstanding Section 17050, if that local ordinance is applicable to buildings used for human habitation, and buildings accessory thereto, within employee housing, these buildings shall comply with the construction and erection provisions of the ordinance.

Date	Status
Feb 1, 2024	From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Jan 31, 2024	Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
May 18, 2023	In committee: Held under submission.
May 10, 2023	In committee: Set, first hearing. Referred to APPR. suspense file.
May 1, 2023	Re-referred to Com. on APPR.
Apr 27, 2023	Read second time and amended.
Apr 26, 2023	From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 25).
Apr 10, 2023	Re-referred to Com. on HUM. S. pursuant to Assembly Rule 96.
Mar 30, 2023	Re-referred to Com. on H. & C.D.
Mar 29, 2023	From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Mar 27, 2023	Re-referred to Com. on H. & C.D.
Mar 23, 2023	From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Mar 23, 2023	Referred to Coms. on H. & C.D. and HUM. S.
Feb 14, 2023	From printer. May be heard in committee March 16.
Feb 13, 2023	Read first time. To print.

Date	Description	Location	Votes
Apr 25, 2023	Do pass as amended and be re-referred to the Committee on [Appropriations]	Assembly Standing Committee on Human Services	5 2 1 Passed

Key

Pro

Against

Did Not Vote

This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.

Positions by individuals are not included.

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

Organization	Position	Date
6Beds Inc	* Support	Apr 25, 2023
AARP California	* Support	Apr 25, 2023
American Planning Association, California Chapter	** Support
California Association Of Realtors	* Against	Apr 25, 2023
California Commission on Aging	** Support
California Office Of The State Long-Term Care Ombudsman	** Support
Health Care for US	** Against
Self-Help for the Elderly	** Support

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

Date of Hearing: May 10, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 770

Author:(Kalra) – As Amended Ver:April 27, 2023

Policy Committee:	Human Services	Vote:	5 - 2

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill, by deleting the six-or-fewer-persons restriction, allows any residential care facility for the elderly (RCFE) licensed by the California Department of Social Services (CDSS) to be considered a residential use of property for local zoning purposes Further, this bill requires any licensed RCFE with greater than six beds to reserve at least 30% of the beds, excluding the first six, for low-income residents.

Specifically, this bill:

Deletes the six-person restriction for an RCFE to be considered a residential use of property and instead allows RCFEs licensed by CDSS and that provides onsite services in a family dwelling to:
1. Be considered a residential use of property and the residents and operators of the facility to be considered a family for the purposes of any law or zoning ordinance relating to the residential use of property.
2. Not be included within the definition of a boarding house, rooming house, institution or home for the care of the aged, guest home, rest home, community residence, or differs in any other way from a family dwelling.
3. Not be required to have a conditional use permit, zoning variance, or other zoning clearance.
Requires an RCFE licensed by CDSS that provides onsite services located in a family swelling with greater than six beds to reserve, at a minimum, 30% of all beds, after the first six, for low-income individuals or recipients of Supplemental Security Income/State Supplementary Payment Program (SSI/SSP) benefits.

FISCAL EFFECT:

Estimated on-time General Fund costs of approximately $170,000 for one limited-term staff position to update regulations and inspection processes, as necessary, and to develop and implement training on the updates.
Estimated ongoing GF costs to CDSS of an unknown amount, but likely in the high-hundreds of thousands to low-millions of dollars annually, for additional staff positions to manage additional workload due to increased capacity statewide, including reviewing updated licensing documents, and performing inspections as necessary.

COMMENTS:

Purpose. The author of this bill seeks to expand affordable housing opportunities for older adults. According to the author:

Aging adults are the fastest growing population of unhoused individuals in California, and affordable housing is limited, placing them at risk for becoming homeless. Current law and zoning regulations limit small operators of RCFE’s to only serve and house six or fewer individuals. RCFE’s that have the capacity to expand must go through a process to obtain a conditional use permit, which are rarely issued. [This bill] will eliminate the cap to allow small operating RCFE’s to expand their services and help open up more spots for these facilities to offer an affordable housing option to older individuals.

Background. California’s aging population is growing faster than any other age group. It is also the fastest growing homeless population in the state. Research conducted by the University of California, San Francisco (UCSF) indicates that 44% of all homeless people older than the age of 50 became homeless for the first time after they were 50, and account for half of all unhoused adults.

RCFEs provide personal care and housing to those who require assistance with daily living, but who do not require 24-hour nursing care and serve. According to CDSS, there are a total of 12,037 licensed RCFEs and 9,470 RCFEs that serve six or fewer persons. Because RCFEs are not medical facilities, neither Medicare nor Medi-Cal pay directly for their services. Some counties, through the Assisted Living Waiver Program, are authorized to have Medi-Cal pay for eligible residents to live in an RCFE, however, most of the residents pay privately for care. The average monthly cost of an RCFE in California is $4,500.

SSI/SSP provides monthly cash benefits to qualified low-income individuals and couples in order to help them pay for basic living expenses, such as food, clothing and shelter. In order to be eligible for SSI/SSP, a person must be at least 65 years old, blind, or disabled and meet certain income and resource requirements.

Some residents of RCFEs are SSI/SSP recipients who receive the Non-Medical Out of Home Care (NMOHC) monthly rate of $1,492.82. Of this amount, $1,324.82 is paid to the adult residential facility (ARF) or RCFE operator and $168 is retained by the SSI/SSP recipient. Facilities are not permitted to charge individuals receiving SSI/SSP above the state-mandated rate. Thus, licensed RCFEs receive a government-set SSI/SSP payment that amounts to about $35 a day to pay for housing, 24-hour care, and three daily meals. This set rate, coupled with high cost of real estate and increasing costs of doing business, has made it somewhat difficult to sustain the operation of RCFEs that accept SSI/SSP recipients. Data indicates only 5% of RCFE residents are SSI/SSP recipients.

This bill revises provisions in law restricting the number of adults RCFEs in residential areas may serve, to now allow RCFEs to serve more than six adults without needing a conditional use permit or zoning variance. The bill further requires an RCFE that provides more than six beds in a residentially zoned neighborhood, newly allowed under this bill, to set aside 30% of the additional beds for low-income or SSI/SSP residents.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 25, 2023

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Corey A. Jackson, Chair

ABPCA Bill Id:AB 770 (

Author:Kalra) – As Amended Ver:March 29, 2023

SUBJECT: Residential care facilities for the elderly

SUMMARY: Strikes the six person bed limit for residential care facilities for the elderly (RCFEs) located in a family dwelling. Specifically, this bill:

Deletes the restriction of an RCFE with six or fewer beds in a family dwelling, and instead allows RCFEs licensed by the California Department of Social Services (CDSS) and that provides onsite services in a family dwelling to:
1. Be considered a family for the purposes of any law or zoning ordinance;
2. Not be included within the definition of a boarding house, rooming house, institution or home for the care of the aged, guest home, rest home, community residence, or differs in any other way from a family dwelling; and,
3. Not be required to have a conditional use permit, zoning variance, or other zoning clearance.
Strikes other references to RCFEs serving six or fewer persons and replaces with references to RCFEs that are licensed by CDSS and provide onsite services to conform code section.

EXISTING LAW:

Establishes the “California Residential Care Facilities for the Elderly Act”. (Health and Safety Code Section [HSC] 1569)
Requires CDSS to establish regulations, inspect, and license RCFEs. (HSC 1569.30-1569.39; 1569.10-1569.24)
Permits an RCFE serving six or fewer persons in a family dwelling to be considered a family for the purposes of zones ordinances. (HSC 1569.85)
Establishes “Resident’s Bill of Rights” for residents in RCFEs which include 30 separate rights with the legislative intent that persons residing in RCFEs be treated with dignity, kindness, and respect, and that their civil liberties be fully honored. (HSC 1569.261-1569.269)
Requires every facility required to be licensed to provide at least the following basic services:
1. Care and supervision as defined in 6) below.
2. Assistance with instrumental activities of daily living in the combinations which meet the needs of residents;
3. Helping residents gain access to appropriate supportive services, as defined, in the community;
4. Being aware of the resident’s general whereabouts, although the resident may travel independently in the community;
5. Monitoring the activities of the residents while they are under the supervision of the facility to ensure their general health, safety, and well-being; and,
6. Encouraging the residents to maintain and develop their maximum functional ability through participation in planned activities. (HSC 1569.312)
Defines “care and supervision” to mean the facility assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which the resident’s physical health, mental health, safety, or welfare would be endangered. Assistance includes assistance with taking medications, money management, or personal care. (HSC 1569.2)
Establishes three levels of care as follows:
1. Level I—Base care and supervision. Residents at this level are able to maintain a higher degree of independence and need only minimum care and supervision and minimal personal care assistance;
2. Level II—Nonmedical personal care. Residents at this level have functional limitations and psychosocial needs requiring not only care and supervision but frequent assistance with personal activities of daily living and active intervention to help them maintain their potential for independent living; and,
3. Level III—Health related assistance. Residents at this level require the services of lower levels and rely on the facility for extensive assistance with personal activities of daily living. This level may include residents who also require the occasional services of an appropriate skilled professional due to chronic health problems and returning residents recovering from illness, injury, or treatment that required placement in facilities providing higher levels of care. (HSC 1569.70)
Provides operating requirements for RCFEs. (California Code of Regulations 87202-87300)

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS:

Background: Residential Care Facilities for The Elderly are non-medical facilities that house and care for the aging population that have minimal health needs, but need basic daily help for services such as housekeeping, medication assistance, personal and hygiene care, and eating. There are three levels of care permitted in an RCFE which range from basic care when a resident still can retain some independence, to nonmedical care when a resident needs help with personal daily living activities, and the highest level of care being reserved for someone who needs extensive care with daily living activities and may have chronic health problems.

California’s network of RCFEs consists of small homes serving a handful of residents to larger RCFEs that can house over 100 residents in communities across the state. Facilities provide a special combination of housing, personalized supportive services, and 24-hour staff designed to respond to the individual needs of those who require help with activities of daily living. This level of care and supervision is for people who are unable to live by themselves but who do not need 24-hour nursing care. They are considered non-medical facilities and are not required to have nurses, certified nursing assistants or doctors on staff. Facilities usually centrally store and distribute medications for residents to self-administer.

Costs of RCFEs vary widely. RCFEs in California cost an average of $4,500 per month. However, monthly fees can exceed $10,000. According to CDSS’ website, there are 12,037 licensed RCFEs total and 9,470 RCFEs that serve six or fewer persons.

Homelessness. U.S. Department of Housing and Urban Development (HUD) has seen the number of individuals 62 and older experiencing homelessness jump 68.5% from 2007 to 2017. The Los Angeles Times reported that in Los Angeles County, older adult homelessness jumped 22% in 2018, reflecting an increase from just over 4,000 individuals experiencing homelessness age 62 and older to just over 4,800. San Diego, San Francisco, and Sacramento Counties have all also reported increases in their populations of people 55 and older experiencing homelessness. Furthermore, in an article by KPBS entitled “A Senior On The Streets, With Little Chance Of A Home”, researchers predicted that in Los Angeles County alone, the number of older adults experiencing homelessness could reach nearly 14,000 by 2030, if solutions are not found.

Due to the higher needs of many older adults, finding solutions to make RCFEs and other living arrangements that offer assistance attainable is vital to lowering homelessness in older adults. Given the high cost of places for older adults to live, it is even more crucial to find ways to encourage RCFEs to house these residents.

Supplemental Security Income/State Supplementary Payment (SSI/SSP). SSI/SSP provides a monthly cash benefit to qualified low-income individuals and couples in order to help them pay for basic living expenses, such as food, clothing and shelter. In order to be eligible for SSI/SSP, a person must be at least 65 years old, blind, or disabled and meet certain income and resource requirements. SSI asset limits of $2,000 for individuals and $3,000 for couples prevent many from qualifying for SSI. These asset thresholds were last updated in 1989, the only time they have increased since the inception of SSI in 1972. If these federal SSI asset limits had been indexed to inflation since 1989, they would be about twice as high as they are today. A qualified SSI recipient is automatically eligible for SSP. SSI is a federally funded benefit. The SSP benefit is funded with the state’s General Fund and California sets its own SSP rates. SSI/SSP grant amounts vary based on a number of factors, including: whether a recipient is aged, blind, or living with disabilities; the individual's or couple's living arrangements; a recipient's marital status; and, whether or not a recipient is a minor.

CDSS data shows the current SSI/SSP caseload at about 1.1 million individuals which is down from the 1,289,437 caseload in 2015. CDSS attributes this to the median income of Baby Boomers aged 55-64 now being approximately $60,000 annually, which exceeds SSI/SSP eligibility standards, advancement in technology, and healthier behavior. According to CDSS the following is the average grants for individuals and couples combined are based on actual data from January 2022 through August 2022:

Aged: $613.74 ($404.29 is SSI and $209.45 is SSP).
Blind: $804.20 ($538.38 is SSI and $265.82 is SSP).
Disabled: $792.75 ($589.26 is SSI and $203.49 is SSP).

Some residents of RCFEs are SSI/SSP recipients who receive the Non-Medical Out of Home Care (NMOHC) monthly rate of $1,492.82. Of this amount, $1,324.82 is paid to the adult residential facility (ARF) or RCFE operator and $168 is retained by the SSI/SSP recipient. Facilities are not permitted to charge individuals receiving SSI/SSP above the state-mandated rate. Thus, licensed RCFEs receive a government-set SSI/SSP payment that amounts to about $35 a day to pay for housing, 24-hour care, and three daily meals. This set rate, coupled with high cost of real estate and increasing costs of doing business, has made it somewhat difficult to sustain the operation of RCFEs that accept SSI/SSP recipients. However, they are an essential component of addressing California’s increasing homeless population, as they serve a particularly vulnerable population that requires 24-hour assistance and are living at or near the poverty level.

AB 1766 (Bloom), Chapter 139, Statues of 2020, required CDSS to collect information and send a report to each county’s department of mental health or behavioral health of all licensed ARFs and RCFEs in the county that accept the federal supplemental security rate and accept residents with a serious mental disorder and the number of licensed beds at each facility. According to CDSS, the latest available data shows the following breakdown of residents:

Facility Type	Number of Facilities Serving SSI/SSP Recipients*	Number of SSI/SSP Recipients
Continuing Care Retirement Community - RCFE	27	114
Residential Care Facility for the Elderly - RCFE	1,030	6,949

* Any facility accepting SSI/SSP residents at least one SSI/SSP resident is captured in this total.

Several counties have incorporated licensed residential facilities in their approach for providing services to vulnerable populations that need housing, care, and supervision. Most commonly, counties appear to be utilizing licensed residential facilities to address the needs of individuals with a serious mental illness, some of whom may have been experiencing homelessness or be at risk of homelessness. SSI/SSP recipients are frequently among this targeted population.

Some counties have made efforts to provide additional funding to licensed residential facilities that accept SSI/SSP recipients who have a serious mental illness, are chronically homeless, or meet other criteria. This additional funding is typically provided as a “patch” or a supplemental payment of a certain dollar amount per a day for a qualifying individual. This is in addition to the NMOHC SSI/SSP payment, thus patching the difference between the SSI/SSP and the actual costs of providing room, care and supervision for that individual.

Author’s Statement: According to the Author, “Aging adults are the fastest growing population of unhoused individuals in California, and affordable housing is limited, placing them at risk for becoming homeless. Current law and zoning regulations limit small operators of RCFE’s to only serve and house six or fewer individuals. RCFE’s that have the capacity to expand must go through a process to obtain a conditional use permit, which are rarely issued. [This bill] will eliminate the cap to allow small operating RCFE’s to expand their services and help open up more spots for these facilities to offer an affordable housing option to older individuals.”

Need for this bill: This bill seeks to expand the usage of RCFEs in a family dwelling and expand locations in which elderly can reside.

Equity Implications: For adults over the age of 50 who already struggle to meet their basic needs, financial and medical emergencies can push them into homelessness. According to HUD, roughly 30% of state’s unhoused population is Black due to a history of racial discrimination in housing, as well as an overrepresentation within the justice and child welfare systems. Data show that a substantial number of adults experiencing homelessness in California are older adults. According to the Budget Policy Center, over 40% of unhoused Californians in adult-only households who came in contact with the homelessness response system in the 2021-22 fiscal year were 50 and older. Complicating matters, adults over the age of 50 are more likely to have underlying health conditions that can be exacerbated by not having access to a stable home or health care, and research confirms that being homeless accelerates severe health declines. These adults often require more assistive services in addition to housing. Research conducted by the University of California, San Francisco (UCSF) indicates that 44% of all homeless people older than the age of 50 became homeless for the first time after they were 50, and account for half of all unhoused adults. For comparison, this same UCSF research found that in 1990, only 11% of homeless adults were over the age of 50.

While the reasons for this increase in homeless adults is varied, not being able to afford rent is a common factor. Adults who were unable to save for retirement can find themselves without a safety net when a medical emergency or rent increase occurs. As part of the Master Plan for Aging, California has prioritized creating more affordable housing options to meets the needs of all stages of life, regardless of age, race, or income.

Policy Considerations: This bill would revise provisions in law restricting the number of adults RCFEs may serve, to now allow RCFEs to serve more than six adults. RCFEs provide personal care and housing to those who require assistance with daily living, but who do not require 24-hour nursing care and serve. Because RCFEs are not medical facilities, neither Medicare nor Medi-Cal pay directly for their services. Some counties, through the Assisted Living Waiver Program, are authorized to have Medi-Cal pay for eligible residents to live in an RCFE, however most of the residents pay privately for care. Data indicate only 5% of RCFE residents are SSI/SSP recipients and because the reimbursement rate is not lucrative, fewer facilities are willing to accept these residents.

While expanding the beds that an RCFE located in a family dwelling is important for increasing the supply of available housing, it is crucial that these homes also accept SSI/SSP individuals. The Committee proposes the author reserves beds specifically for individuals with low incomes or SSI/SSP recipients in an effort to ensure that this expansion of care is inclusive for all California seniors and not just those with the means to pay privately for their care.

Proposed Committee Amendments: The Committee proposes amendments to address policy considerations stated above to do the following:

For RCFEs in family dwellings that choose to have over six persons, then the RCFE must reserve 30% of the beds after six for low-income or SSI/SSP recipients. For example, for an RCFE in a family dwelling with ten beds, then four would be subject to the 30% requirement and thus, 1.2 beds would be reserved for a low-income or an SSI/SSP resident.

RELATED AND PRIOR LEGISLATION:

SB 648 (Hurtado) of 2021, would have established the “Enriched Care Adult Residential Facility” pilot program for the purpose of promoting the sustainability of essential residential care facilities that serve recipients who receive SSI/SSP benefits. Specifically, SB 648 would have established a monthly stipend of $1,000 per SSI/SSP recipient residing in qualifying licensed ARFs and RCFEs. The stipend would have been capped at $4,000 per month. SB 648 was placed on the inactive file by the author.

SB 1259 (Hurtado) of 2020, would have required CDSS to establish a task force for the purpose of issuing a report that would have included recommendations on how to meet the housing and care needs of low income individuals who are blind, disabled, or over 65 years of age and receiving SSI/SSP, as specified. SB 1259 would also have required CDSS to provide updates on its progress in developing the report to specified committees. SB 1259 was held on the Assembly Appropriations Committee suspense file.

REGISTERED SUPPORT / OPPOSITION:

Support

6beds, INC. (Co-Sponsor)

California Commission on Aging (Co-Sponsor)

AARP

American Planning Association, California Chapter

California Office of The State Long-Term Care Ombudsman

Self-Help for The Elderly

Opposition

California Association of Realtors
Health Care for Us

Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089

Discussed in Hearing

13MIN

Assembly Standing Committee on Human Services

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Authors shown for version:
Amended Assembly (4/27/2023)