BILL NUMBER: AB 40 INTRODUCED
BILL TEXT
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 facility" or "facility"
facility," "facility," or "facilities," 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.
(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.
(d)
(e) 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 may
shall issue a single license to the following
types of alcoholism or drug abuse recovery or treatment facilities:
(1) A residential facility , other than integral
facilities .
(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.
(2) Integral facilities, as defined in subdivision (d) of Section
11834.02.
(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. (a) Whether or not unrelated
persons are living together, an alcoholism or drug abuse recovery or
treatment facility which that 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 such a the facility
shall be considered a family for the purposes of any law or zoning
ordinance which that relates to the
residential use of property pursuant to this article.
For
(b) For the purpose of all local
ordinances, an alcoholism or drug abuse recovery or treatment
facility which that serves six or fewer
persons shall not be included within the definition of a boarding
house, rooming house, institution , 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 which that implies that the
alcoholism or drug abuse recovery or treatment home is a business run
for profit , or differs in any other way from a
single-family residence.
This
(c) This section shall not be
construed to forbid any a 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
which that serves six or fewer persons as long
as the restrictions are identical to those applied to other
single-family residences.
This
(d) This section shall not be
construed to forbid the application to an alcoholism or drug abuse
recovery or treatment facility of any local ordinance which
that 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 which that serve six or
fewer persons from other single-family dwellings , or
distinguish residents of alcoholism or drug abuse recovery or
treatment facilities , from persons who reside in other
single-family dwellings.
No
(e) A conditional use permit,
zoning variance, or other zoning clearance shall not be
required of an alcoholism or drug abuse recovery or treatment
facility which that serves six or fewer
persons that is not required of a single-family residence in the same
zone.
Use
(f) Use 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.
(g) This section shall not apply to integral facilities, as
defined in subdivision (d) of Section 11834.02.