Tag: CA legislature

July,2, 2021

Californians with disabilities, their families, and their direct support workforce have reason to celebrate due to a historic investment of more than $3.5 billion approved by the Legislature and sent to Governor Newsom for signature and enactment. This funding, as summarized below, will increase access to services and supports, including regional center services, special education, SSI/SSP, IHSS, and Medi-Cal. The approved budget investments were a culmination of years of advocacy by the disability community combined with efforts of legislative champions in the State Capitol.

Still outstanding is a nearly $1 billion spending proposal from the Department of Developmental Services (DDS) that uses funds made available in the American Rescue Plan Act (ARPA) for home and community-based services. Those investments in addition to the investments in the state budget combine to form a transformative era for disability services in California.

A more detailed budget report along with a look-back at advocacy efforts and acknowledgment of extraordinary commitment from legislators is forthcoming.

Summary Highlights of Budget Investments Impacting California’s Disability Community:

• Regional Center Services:

o Developmental Services Provider Rate Study. Phases in an ongoing $1.2 billionGeneral Fund (approximately $2 billion Total Funds) to fully phase in the rate study provider increases over a five-year period. This will help ensure providers receive fairer compensation and that families will continue to have access to the vital services provided.

o Restoration of Eliminated Services. Restores social recreation, camping services, educational services, and non-medical therapies for persons served, with $19 million General Fund in 2021-22, $31.6 M in 2022-23, and $36.8 million General Fund in 2023-24 and on-going

o Direct Support Workforce. $2.9 million General Fund in 2021- 22 to establish a training and certification program for direct service professionals tied to wage differentials. The program aims to reduce staff wage inequity, stabilize service access, and professionalize and diversify the workforce. Beginning in 2023-24, ongoing costs increase to $51 million General Fund.  $2.2 million General Fund in 2021- 22 to create a differential for bilingual service provider staff. Beginning in 2023-24, ongoing costs increase to $6.5 million General Fund.

o Service Coordination. $12.8 million ($10 million General Fund) for enhanced service coordination for individuals with low to no purchase of services within the regional center system.  Beginning in 2022-23, $61.8 million General Fund ongoing to hire additional service coordinators at Regional Centers for enhanced service coordination.

• Early Start. $23.8 million ongoing General Fund to provide children aging out of Early Start provisional Lanterman service eligibility up to age five.

• Medi-Cal at 50+, Regardless of Immigration Status. Provides ongoing funding growing to $1.3 billion to expand Medi-Cal eligibility to all income eligible Californians 50-plus years of age, regardless of immigration status.

• Medi-Cal Asset Test removal. Eliminates the Medi-Cal asset test for seniors to remove the “senior savings” penalty, to expand access to more income eligible seniors.

• SSI/SSP Legacy Cut Restoration. Provides $225 million in 2021-22 and $450 million in 2022-23 to restore 50 percent of the remaining 2009 SSI/SSP grant cut, and anticipates the remaining 50 percent of the cut will be restored in the 2023-24 budget year. This restoration (combined with Governor’s May Revision proposal) will increase the SSP grant by approximately $36 per month for individuals and $92 per month for couples.

• Permanent Restoration of IHSS 7% Hours Cut. Finally ends the legacy of 7% cut in in-home care services to elderly and disabled Californians. While the cut was restored in prior years, the threat of the cut remained by it being added to the list of program “suspensions” that would have automatically taken effect in future years.

• Special Education. Provides $396 million in ongoing Proposition 98 General Fund to increase the statewide base rate for the special education formula and $260 million ongoing Proposition 98 to fund specified services for children ages 3- 5 years old. In addition, one-time funds of $550 million Proposition 98 are provided to invest in increased support for special education alternative dispute resolution and learning recovery supports for special education students associated with impacts due to the COVID-19 pandemic.

• Youth Behavioral Health. Invests $4.4 billion dollars over five years to create a new, modern, and innovative behavioral health system for youth ages 0 to 25, including $205 million for the Mental Health Student Services Act to fund school an d county mental health partnerships to support the mental health and emotional needs of children and youth as they return to schools and everyday life.

Last week marked the beginning of what promises to be a very busy year. Both the Assembly and the Senate held the first of many budget hearings that will be held over the next 10 weeks. Policy committees are not far behind and the Capitol is still operative under COVID-19 restrictions and heightened security measures. The legislature faces many significant and pressing issues as they return to focus on policy and budget proposals. Among some of the most pressing issues identified by the legislature are COVID-19, safe re-opening of schools, police reform, wildfires, homelessness, and the Employment Development Department (EDD).

Within the next month we will see hundreds of legislative proposals (bills) submitted for consideration by the legislature (the introduction deadline is Feb. 19, 2021). Several proposals to address the impact of COVID-19 on education, early education, special education, learning loss, and distance learning issues have already been introduced. In addition, several proposals seek to address homelessness, tenancy rights, and police reform. As our legislative agenda develops we will seek support for issues that are critical to supporting individuals with intellectual and developmental disabilities, their families, and service providers. We look forward to advocating with all of you this year and encourage your participation in opportunities for public comment.

The 2019-2020 Legislative Session was like no other! What started out to be a promising 2-year session, with significant interest in our community from many legislators, ended with abrupt interruptions, two separate significant delays during session, modified hearing schedules, technology challenges, and a request from legislative leadership for legislators to dramatically reduce the number of bills they planned to carry. As a result of COVID-19 many good bills never got to see the light of day. The leadership in both houses identified the top legislative priorities – COVID-19 related issues, homelessness, and wildfires – and asked legislators to focus their agendas on the identified priorities. Soon thereafter, the nationwide unrest and cries for social justice caused by the killing of George Floyd created an urgency for legislators to include police reform bills as a priority somewhat late in the session.

At the close of the legislative session on August 31, 2020, the legislature sent approximately 40% of the typical number of bills to the Governor for signature. Among the bills awaiting the Governor’s signature are several that pertain to emergency services for people with Access and Functional Needs, In-Home Support Services, Mental Health Support, Office of Emergency Planning Guidance and Tele-Communication, Health Care and Essential Workers Personal and Protective Equipment, Community Transition Programs, and several Criminal Justice and Police Reform bills that could have a positive impact for our community. We are hopeful and will continue to advocate for the Governor to sign these important measures.

California Legislature Reconvenes

The California Legislature’s summer recess was extended by 14 days as a result of Assembly Members and staff being positive for COVID-19. The Legislature is scheduled to return July 27, 2020 with safety protocols in place that, among other things, allow at-risk members to remain in their district and vote remotely during committee hearings. The Senate will require members to be present, on the Floor, during the final 2 weeks of the session. The Assembly will allow proxy voting during the Floor sessions for members who cannot return to the Capitol.

As a result of the first closure in March lawmakers were asked to limit their bills and focus on three priority areas; COVID-19, wildfires and homelessness. Once again, as a result of the second closure, lawmakers have been asked to reduce their already reduced bill package. There are still hundreds of bills awaiting a vote so the next two weeks will consist of long days, long hearings and as many bills as the legislature can possibly get through in the limited time it has.

Upcoming Deadlines

July 31^st – Last day for policy committees to hear and report bills to the fiscal committees

August 7^th – Last day for policy committees to meet and report bills

August 14^th – Last day for fiscal committees to meet and report bills

August 17^th – Floor sessions only

August 21^st – Last to amend bills on the Floor

August 31^st – Last day for each house to pass bills

Once the legislature reconvenes, we will have a better idea of the narrow priorities that will be addressed in the short remainder of this legislative session. However, we do know that bills related to COVID-19 are still a priority for the legislature so we expect that many of those bills will proceed through the hearing process. Wildfires and homelessness are still a priority for the legislature as is police reform, but we may see the overall number of those priority bills decrease for this session with the expectation that they will address them in the next legislative session.

The legislature and advocates are working hard to get the legislative session back on track or at least as close as possible to what a typical legislative session would look like. Although this year is anything but typical there are still many bills to be heard – most somehow related to the identified priorities of COVID-19, wildfires, or homelessness – and policy committees have been hearing bills accordingly. There have definitely been some challenges such as bills not being referring to more than one committee (known as double -referred) for policy discussions. Often the more complex bills impact more than one policy area, so they get referred to the respective policy committees for discussion ultimately resulting in a more thorough discussion about potential unintended consequences. However, the call-in option for public comment has been a good opportunity for the advocacy community since in previous years many people could not get to the Capitol to give public comment.

One thing that hasn’t really changed is deadlines – house of origin (policy, fiscal and floor), budget committee deadlines, and the constitutional deadline to pass the budget. Upcoming deadlines in the next few weeks include:

5/29/2020
Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house

6/5/20
Last day for policy committees to hear and report to the floor nonfiscal bills introduced in their house
Last day for policy committees to meet prior to June 1

6/15/20
Budget Bill must be passed by Midnight

6/19/20
Last day for fiscal committees to hear and report to the floor bills introduced in their house
Last day for fiscal committees to meet prior to June 29

As we work our way through the next few weeks and the respective deadlines we will be reaching out and encouraging your participation in advocacy efforts.

The California Assembly will return to business, not quite as usual on May 4, 2020. Policy and Budget hearings will be held but the Assembly has issued strict guidelines related to participating in the legislative process during the COVID-19 Pandemic. There will be health screening at the entrance of the Capitol and limited public access to the hearing rooms for in-person public comment. The Assembly is encouraging public participation and comment through a dedicated phone line. The phone number will be given at the beginning, and throughout, the hearings. The Assembly memo detailing the new guidelines can be found here: https://capitolmr.com/wp-content/uploads/2020/05/assembly.pdf

Next week’s hearings include an Informational Hearing on Critical Health and Human Services Related to the COVID-19 Crisis, Education Committee and Human Services. There are several other hearings scheduled but a significant number are still postponed. For current hearing information check the Assembly Daily File at: https://www.assembly.ca.gov/dailyfile

The Senate is scheduled to return on May 11, 2020. For information about the Senate schedule check the Senate Daily File at: https://www.senate.ca.gov/dailyfile