Industry and Legislative Updates

The new legislative year beings July 1. How many bills will be carried into the next fiscal and legislative year is not known. However, these bills are still active:

Not much to report on AB1993, the bill authored by Assembly Member Ash Kalra, to allow residential property to be licensed up 8 residents without special fire clearance or additional city and fire requirements. The bill is still being debated in the legislature. The bill’s author, Ash Kalra, can be called at (408) 286-2535.

You must get directly involved in stopping the passage of SB1406, a purposefully obscure rent control bill, authored by Ben Allen (D-El Segundo). Because the language is susceptible to interpretation, it would require DSS to author new regulations to bring “clarity,” but this is something DSS does not do well, nor often. This bill would make calculating the allowed rate increase to a resident vague, irrational, ridiculous, and absurd. This bill is also a covert deception to place RCFEs under local and state rent control, prohibited by law since 1985.

A rate increase would be restricted to “…5% plus the percentage change in the cost-of-living index as measured by the CPI-U, plus half the percentage change in the annual median wage using the OEWS data for California-specific ‘personal care and service occupations’ in the last two years.”

If you did not follow that, do you think an LPA could figure it out? If this bill is passed, it would amend Health and Safety Code 1569.655 to extend the implementation of a rate increase from 60 days to 90 days. But the increase would have different calculations for the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Alameda, Contra Costa, Marin, San Francisco, and San Mateo.

          But wait, there is more.

“The wage metric shall be calculated by determining the percentage change between the annual median wage for personal care service occupation using the United States Bureau of Labor Statistics’ Occupational Employment and Wage Statistics Data for all California based on the most recent data available compared to the data available for the same quarter of the previous year.”

Huh? Mr. Allen must be told his bill is a disaster and a deliberate attempt to stop any rate increases for residents, something facilities cannot afford given the cost of living in California. It is also unlikely DSS could figure it out and create an implementing regulation. Mr. Allen’s number is (310) 414-8190.

AB1911, authored by Eloise Gomez Reyes (D-San Bernardino), would mandate DSS to do a “one business day, onsite complaint investigation” upon receiving a complaint that “involves a threat of imminent danger of death or serious harm.” DSS has estimated its cost to implement AB1911, if passed, at $62.3 million after spending over $2.2 million for its implementation, and claims it would need to hire 351 new and permanent staff for enforcement. DSS would then be compelled to complete any investigation within very restrictive timelines. What if the timelines were missed or neglected? Would DSS face any consequences after being given millions of dollars to do its job? Do you remember when DSS was given more staff and over $7 million to implement annual inspections—but did not do it? Ms. Reyes can be reached at (909) 381-4100. AB2075, by David Alvarez, (D-Chula Vista), will force facilities to allow visitors into a facility during a state-declared shutdown due to a health crisis. Does that make sense? Shut down but allow visitors? Well, consider the source—the state’s legislature. Mr. Alvarez can be reached at (619) 498-8580.