BILL NUMBER: AB 1284	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman
   (Coauthor: Assembly Member Lieu)
   (Coauthor: Senator Harman)

                        FEBRUARY 27, 2009

   An act to amend Section 11834.03 of the Health and Safety Code,
relating to alcohol and drug abuse treatment facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1284, as introduced, Huffman. Substance abuse: adult recovery
maintenance facilities.
   Under existing law, the State Department of Alcohol and Drug
Programs licenses adult alcoholism or drug abuse recovery or
treatment facilities. Existing law permits a license to be issued to
programs that meet criteria that include the filing of an application
and an approved fire clearance. Existing law allows the department
to issue a license to a facility wherein separate buildings or
portions of a residential facility are integral components of a
single alcoholism or drug abuse recovery or treatment facility and
all of the components of the facility are managed by the same
licensee if the applicant meets specified requirements.
   This bill would require the department to provide a specified
notice to a city or county planning agency if the approval of a
license would result in the licensure of a facility that has the same
owner or manager as an existing facility that is within 300 feet of,
and is operated as an integral component of, the proposed facility.
The bill would authorize the department to, among other things,
impose specified health and safety requirements or deny licensure
based upon overconcentration of facilities or conditions of local
need.
   The bill would enact procedures permitting the city or county to
file objections to approval of the license.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11834.03 of the Health and Safety Code is
amended to read:
   11834.03.   (a)    Any person or entity applying
for licensure shall file with the department, on forms provided by
the department, all of the following: 
   (a) 
    (1   )  A completed written application for
licensure. 
   (b) 
    (2)  A fire clearance approved by the State Fire Marshal
or local fire enforcement officer. 
   (c) 
    (3)  A licensure fee, established in accordance with
Chapter 7.3 (commencing with Section 11833.01). 
   (b) If the approval of a license would result in licensure of a
facility that has the same owner or manager as an existing facility
licensed under this chapter and that is within 300 feet of, and is
operated as an integral component of, the proposed facility, the
department shall, prior to issuing a license, provide notice by
registered mail of receipt of the application to the appropriate city
or county planning agency that has jurisdiction over the area where
the proposed facility is located. The city or county planning agency
shall have not more than 30 days to provide the department with any
objections to the issuance of the license. Upon completion of that
30-day period, the department may, consistent with federal law, do
any of the following:  
   (1) Issue the license without conditions.  
   (2) Impose requirements for the health and safety of the residents
of the proposed facility as a condition of licensure. The
requirements may include compliance with federal and state
requirements for accessibility by a person with a disability. 

   (3) Deny licensure of the proposed facility if the location of the
proposed facility would result in or exacerbate the
overconcentration of facilities within a particular area or when the
numbers and types of alcoholism or drug abuse recovery or treatment
facilities are sufficient to be commensurate with the local need.
 
   (c) If a city or county has filed objections pursuant to
subdivision  (b), and the department has approved the proposed
facility's license, the city or county may appeal the issuance of the
license within 30 days of the decision. If the city or the county
can demonstrate that the department did not adequately address the
lawful objections to the issuance of the license raised by the city
or county, the department shall reconsider those objections.