AB 1777 would significantly affect the relationship between state regulations and local governance, particularly in how cities and counties manage land use permits for RCFEs. By imposing this requirement on local agencies, the bill seeks to unify the approach to handling violations against residential care facilities across California. It recognizes that violations of state regulations by facility operators are not merely local issues, but rather, matters of statewide concern, thereby compelling local entities to take such infractions seriously during the permitting process.
Summary
Assembly Bill 1777, introduced by Assembly Member Levine, aims to enhance transparency in the operation of residential care facilities for the elderly (RCFEs) by requiring operators to disclose any violations against them when applying for land use permits. The bill specifically targets serious violations such as abandonment of clients or those that result in serious bodily harm. The proposed legislation mandates that upon disclosure of such violations, local legislative bodies must hold a public hearing to decide whether to allow the permitting process to continue. This requirement is positioned to provide local governments with the information necessary to ensure public safety and proper oversight of facilities catering to vulnerable populations.
Sentiment
The sentiment around AB 1777 appears generally supportive among advocates for elder care and public safety, with proponents arguing that disclosure of past violations can safeguard the well-being of residents in these facilities. However, there may also be concerns from facility operators regarding the potential impact of disclosed violations on their business operations. Critics might argue about the increased bureaucratic process and the possible chilling effect it could have on the establishment of new facilities if previous infractions could hinder the permitting process.
Contention
Notable points of contention include the responsibility placed on local agencies for oversight and the penalties tied to non-disclosure of violations. While the bill specifies that failing to disclose such violations is not a crime, the ramifications of public hearings and increased scrutiny could lead to tension between facility operators and local regulatory bodies. Debates may arise regarding the adequacy of training and resources for local agencies to handle the additional responsibilities and whether or not this could discourage qualified operators from applying for permits.