2005 California Welfare and Institutions Code Sections 4675-4677 and Facilities

4675.  On and after January 1, 1978, the state plan established in
this division shall be the primary method used for determining, in an
orderly way, the programs and facilities that shall be developed,
expanded, terminated, or reduced.  The state plan shall also state
the objectives of such programs, amounts and sources of required
funding, priorities for development, timing, agencies responsible for
implementation, and procedures for evaluation.
4676.  Prior to making an appropriation or allocating any state or
federal funds for new or major expansions of programs or facilities
for persons with developmental disabilities, the state plan shall be
reviewed to determine if the proposed expenditure is consistent with
the priorities approved in the plan.
   If any expenditure of such funds for new or major expansions of
programs or facilities is proposed by any agency that does not
conform to the priorities approved in the state plan, the state
council shall review and publicly comment on such proposed
expenditure.
4677.  (a) All parental fees collected by or for regional centers
shall be remitted to the State Treasury to be deposited in the
Developmental Disabilities Program Development Fund, which is hereby
created and hereinafter called the Program Development Fund.  The
purpose of the Program Development Fund shall be to provide resources
needed to initiate new programs, consistent with approved priorities
for program development in the state plan.
   In no event shall an allocation from the Program Development Fund
be granted for more than 24 months.
   (b) The State Council on Developmental Disabilities shall, not
less than once every three years, request from all regional centers
information on the types and amounts of services and supports needed,
but currently unavailable.  Based on the information provided by the
regional centers and other agencies, the State Council on
Developmental Disabilities shall develop an assessment of the level
of need for new community services and support, and make that
assessment available to the public.  This needs assessment shall be
included in the state plan.  The State Council on Developmental
Disabilities, in consultation with the State Department of
Developmental Services, shall make a recommendation to the Department
of Finance as to the level of funding for program development to be
included in the Governor's Budget, based upon this needs assessment.
   (c) Parental fee schedules shall be evaluated pursuant to Section
4784 and adjusted annually by the department, with the approval of
the state council.  Fees for out-of-home care shall bear an equitable
relationship to the cost of the care and the ability of the family
to pay.
   (d) In addition to parental fees and General Fund appropriations,
the Program Development Fund may be augmented by federal funds
available to the state for program development purposes, when these
funds are allotted to the Program Development Fund in the state plan.
  The Program Development Fund is hereby appropriated to the
department, and subject to any allocations which may be made in the
annual Budget Act.  In no event shall any of these funds revert to
the General Fund.
   (e) The department may allocate funds from the Program Development
Fund for any legal purpose, provided that requests for proposals and
allocations are approved by the state council in consultation with
the department, and are consistent with the priorities for program
development in the state plan.  Allocations from the Program
Development Fund shall take into consideration the following factors:
   (1) The future fiscal impact of the allocations on other state
supported services and supports for persons with developmental
disabilities.
   (2) The information on priority services and supports needed, but
currently unavailable, submitted by the regional centers.
   Consistent with the level of need as determined in the state plan,
excess parental fees may be used for purposes other than new program
development only when specifically appropriated to the State
Department of Developmental Services for those purposes.
   (f) Under no circumstances shall the deposit of federal moneys
into the Program Development Fund be construed as requiring the State
Department of Developmental Services to comply with a definition of
"developmental disabilities" and "services for persons with
developmental disabilities" other than as specified in subdivisions
(a) and (b) of Section 4512 for the purposes of determining
eligibility for developmental services or for allocating parental
fees and state general funds deposited in the Program Development
Fund.