California Legislature—2013–14 Regular Session

Assembly Bill No. 40

Introduced by Assembly Member Mansoor

December 6, 2012

An act to amend Sections 11834.02, 11834.09, and 11834.23 of the Health and Safety Code, relating to substance abuse.

LEGISLATIVE COUNSEL’S DIGEST

AB 40, as introduced, Mansoor. Substance abuse: recovery and treatment facilities.

Existing law provides for the licensure, certification, and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults, administered by the State Department of Alcohol and Drug Programs. Existing law authorizes the department to issue a license to specified types of facilities if certain criteria are met. Under existing law, these facilities include 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.

Existing law deems an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be a residential use of property for the purposes of the law relating to regulating alcoholism or drug abuse recovery or treatment facilities, whether or not unrelated persons are living together, and subject to specified conditions. In addition, the residents and operators of a facility that satisfies these conditions are considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property.

This bill would require, rather than authorize, the department to issue a license if the above criteria are met. The bill would identify facilities with common management of separate facility components, as specified, as “integral facilities,” and would exclude these integral facilities from being considered a residential use of property for purposes of the law regulating alcoholism or drug abuse recovery or treatment facilities. The bill would authorize integral facilities to collectively serve 7 or more persons, as specified.

This bill also would make technical, nonsubstantive changes to the provisions described above.

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 11834.02 of the Health and Safety Code
is amended to read:

11834.02.  

(a) As used in this chapter, “alcoholism or drug
abuse recovery or treatment begin delete facility” or “facility” end delete begin insert facility,” end insert
begin insert “facility,” or end insert begin insert “facilities,” end insert means any premises, place, or building
that provides 24-hour residential nonmedical services to adults
who are recovering from problems related to alcohol, drug, or
alcohol and drug misuse or abuse, and who need alcohol, drug, or
alcohol and drug recovery treatment or detoxification services.

(b) As used in this chapter, “adults” may include, but is not
limited to, all of the following:

(1) Mothers over 18 years of age and their children.

(2) Emancipated minors, which may include, but is not limited
to, mothers under 18 years of age and their children.

(c) As used in this chapter, “emancipated minors” means persons
under 18 years of age who have acquired emancipation status
pursuant to Section 7002 of the Family Code.

begin insert

(d) As used in this chapter, “integral facilities” means any
combination of two or more facilities, located on the same or
different parcels, that collectively serve seven or more persons,
not including the licensee or members of the licensee’s family or
persons employed as facility staff, that are under the control or
management of the same owner, operator, management company,
or licensee, or any affiliate of any of them, and which together
comprise one operation. Integral facilities shall include, but not
be limited to, the provision of housing in one facility and recovery
programming, treatment, meals, or any other service or services
at another facility, or facilities, or by assigning staff, or a
consultant or consultants, to provide services to or in more than
one facility.

end insert begin delete

(d)

end delete

begin insert (e) end insert  Notwithstanding subdivision (a), an alcoholism or drug abuse
recovery or treatment facility may serve adolescents upon the
issuance of a waiver granted by the department pursuant to
regulations adopted under subdivision (c) of Section 11834.50.

SEC. 2.  

Section 11834.09 of the Health and Safety Code is
amended to read:

11834.09.  

(a) Upon receipt of a completed written application,
fire clearance, and licensing fee from the prospective licensee, and
subject to the department’s review and determination that the
prospective licensee can comply with this chapter and regulations
adopted pursuant to this chapter, the department begin delete may end delete begin insert shall end insert issue
a single license to the following types of alcoholism or drug abuse
recovery or treatment facilities:

(1) A residential facility begin insert , other than integral facilities end insert .

begin delete

(2) 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.

end delete begin insert

(2) Integral facilities, as defined in subdivision (d) of Section
11834.02.

end insert

(b) Failure to submit a completed written application, fire
clearance, and payment of the required licensing fee in a timely
manner shall result in termination of the department’s licensure
review and shall require submission of a new application by the
prospective licensee.

(c) Failure of the prospective licensee to demonstrate the ability
to comply with this chapter or the regulations adopted pursuant to
this chapter shall result in departmental denial of the prospective
licensee’s application for licensure.

SEC. 3.  

Section 11834.23 of the Health and Safety Code is
amended to read:

11834.23.  

begin insert (a) end insert begin insert   end insert Whether or not unrelated persons are living
together, an alcoholism or drug abuse recovery or treatment facility
begin delete which end delete begin insert that end insert serves six or fewer persons shall be considered a
residential use of property for the purposes of this article. In
addition, the residents and operators of begin delete such a end delete begin insert the end insert facility shall be
considered a family for the purposes of any law or zoning ordinance
begin delete which end delete begin insert that end insert relates to the residential use of property pursuant to
this article.

begin delete

For

end delete

begin insert (b) end insert begin insert   end insert begin insert For end insert the purpose of all local ordinances, an alcoholism or
drug abuse recovery or treatment facility begin delete which end delete begin insert that end insert serves six or
fewer persons shall not be included within the definition of a
boarding house, rooming house, institution begin insert , end insert or home for the care
of minors, the aged, or the mentally infirm, foster care home, guest
home, rest home, sanitarium, mental hygiene home, or other similar
term begin delete which end delete begin insert that end insert implies that the alcoholism or drug abuse recovery
or treatment home is a business run for profit begin insert , end insert or differs in any
other way from a single-family residence.

begin delete

This

end delete

begin insert (c) end insert begin insert   end insert begin insert This end insert section shall not be construed to forbid begin delete any end delete begin insert a end insert city,
county, or other local public entity from placing restrictions on
building heights, setback, lot dimensions, or placement of signs
of an alcoholism or drug abuse recovery or treatment facility begin delete which end delete
begin insert that end insert serves six or fewer persons as long as the restrictions are
identical to those applied to other single-family residences.

begin delete

This

end delete

begin insert (d) end insert begin insert   end insert begin insert This end insert section shall not be construed to forbid the application
to an alcoholism or drug abuse recovery or treatment facility of
any local ordinance begin delete which end delete begin insert that end insert deals with health and safety,
building standards, environmental impact standards, or any other
matter within the jurisdiction of a local public entity. However,
the ordinance shall not distinguish alcoholism or drug abuse
recovery or treatment facilities begin delete which end delete begin insert that end insert serve six or fewer
persons from other single-family dwellings begin insert , end insert or distinguish residents
of alcoholism or drug abuse recovery or treatment facilities begin insert , end insert from
persons who reside in other single-family dwellings.

begin delete

No

end delete

begin insert (e) end insert begin insert   end insert begin insert A end insert conditional use permit, zoning variance, or other zoning
clearance shall begin insert not end insert be required of an alcoholism or drug abuse
recovery or treatment facility begin delete which end delete begin insert that end insert serves six or fewer persons
that is not required of a single-family residence in the same zone.

begin delete

Use

end delete

begin insert (f) end insert begin insert   end insert begin insert Use end insert of a single-family dwelling for purposes of an alcoholism
or drug abuse recovery facility serving six or fewer persons shall
not constitute a change of occupancy for purposes of Part 1.5
(commencing with Section 17910) of Division 13 or local building
codes. However, nothing in this section is intended to supersede
Section 13143 or 13143.6, to the extent those sections are
applicable to alcoholism or drug abuse recovery or treatment
facilities serving six or fewer residents.

begin insert

(g) This section shall not apply to integral facilities, as defined
in subdivision (d) of Section 11834.02.

end insert