AB 2403, as amended, Bloom. Alcoholism or drug abuse recovery or treatment facilities.
Existing law provides for the licensure, certification, and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, administered by the State Department of Health Care Services. Existing law authorizes the department, if certain criteria are met, to issue a single license to a residential facility or 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.
This bill would instead require the department, if certain criteria are met, to issue a single license to a residential facility or integral facilities and would definebegin delete integral facilitiesend deletebegin insert
“integral facilities”end insert to mean any combination ofbegin delete twoend deletebegin insert 2end insert or more facilities located on the same or different parcels that collectively serve 7 or more persons,begin delete not including the licensee or members of the licensee’s family or persons employed as facility staff,end deletebegin insert as specified,end insert and that are under the control or management of the samebegin delete owner, operator, management company, or licensee, or any affiliate of any of them,end deletebegin insert entity, as specified,end insert
or which together comprise one operation or enterprise.
This bill would require the department to deny an application for a new facility license if the proposed location is in proximity to an existing facility that would result in overconcentration. The bill would define “overconcentration” as 2 or more alcoholism or drug abuse recovery or treatment facilities being separated by a distance of 300 feet or less, as specified, with the exception of facilities that combine to form integral facilities. The bill would authorize the department, notwithstanding this provision, to approve a separation distance of less than 300 feet if the proximity of facilities to one another would not conflict with regulations of the city or county in which the proposed facility will be located.
end insertbegin insertThe bill would authorize a city or county to request denial of the license applied for on the basis of an overconcentration of facilities. The bill would require the department or county licensing agency, at least 45 days prior to approving an application for a new facility, to notify the appropriate city or county planning agency, as specified, of the proposed location of the facility. By imposing new duties on local officials, the bill would create a state-mandated local program.
end insertbegin insertExisting law requires an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be considered a residential use of property, as specified, and requires the residents and operators of the facility to be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property.
end insertbegin insertThis bill would provide that the above provision does not apply to integral facilities and would provide that a city, county, or city and county whose application of zoning ordinances to a licensed facility is restricted by these provisions is an interested party with standing to pursue any available administrative appeals or otherwise seek judicial review of the licensing decision of the department and enforce the above provisions.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 11834.02 of the end insertbegin insertHealth and Safety Codeend insert
2
begin insert is amended to read:end insert
(a) As used in this chapter, “alcoholism or drug
4abuse recovery or treatmentbegin delete facility” or “facility”end deletebegin insert facility or
5facilities,” “facility,” or “facilities”end insert means any premises, place,
6or building that provides 24-hour residential nonmedical services
7to adults who are recovering from problems related to alcohol,
8drug, or alcohol and drug misuse or abuse, and who need alcohol,
9drug, or alcohol and drug recovery treatment or detoxification
10services.
11(b) As used in this chapter, “adults” may include, but is not
12limited to, all of the
following:
13(1) Mothers over 18 years of age and their children.
14(2) Emancipated minors, which may include, but is not limited
15to, mothers under 18 years of age and their children.
16(c) As used in this chapter, “emancipated minors” means
17persons under 18 years of age who have acquired emancipation
18status pursuant to Section 7002 of the Family Code.
19
(d) As used in this chapter, “integral facilities” means any
20combination of two or more facilities located on the same or
21different parcels that collectively serve seven or more persons, not
22including the licensee or members of the licensee’s family or
23persons employed as facility staff, and that are under the control
24or
management of the same owner, operator, management
25company, or licensee, or any affiliate of any of them, or which
26together comprise one operation or enterprise. Integral facilities
27shall include, but not be limited to, the provision of housing in one
28facility and recovery programming, treatment, meals, or any other
29service at another facility or facilities, or by assigning staff or a
30consultant to provide services to or in more than one facility.
31(d)
end delete
32begin insert(e)end insert Notwithstanding subdivision (a), an alcoholism or drug abuse
33recovery or treatment facility may serve adolescents upon the
P4 1issuance of a waiver granted by the department pursuant to
2regulations
adopted under subdivision (c) of Section 11834.50.
Section 11834.09 of the Health and Safety Code is
5amended to read:
(a) Upon receipt of a completed written application,
7fire clearance, and licensing fee from the prospective licensee, and
8subject to the department’s review and determination that the
9prospective licensee can comply with this chapter and regulations
10adopted pursuant to this chapter, the department shall issue a single
11license to the following types of alcoholism or drug abuse recovery
12or treatment facilities:
13(1) A residentialbegin delete facility.end deletebegin insert facility, other than integral facilities.end insert
14(2) Integralbegin delete facilities. As used in this
section, “integral facilities”
15means any combination of two or more facilities located on the
16same or different parcels that collectively serve seven or more
17persons, not including the licensee or members of the licensee’s
18family or persons employed as facility staff and that are under the
19control or management of the same owner, operator, management
20company, or licensee, or any affiliate of any of them, or which
21together comprise one operation or enterprise. Integral facilities
22shall include, but not be limited to, the provision of housing in one
23facility and recovery programming, treatment, meals, or any other
24service at another facility, or facilities, or by assigning staff or a
25consultant to provide services to or in more than one facility.end delete
26
begin insert
facilities, as defined in subdivision (d) of Section 11834.02.end insert
27(b) Failure to submit a completed written application, fire
28
clearance, and payment of the required licensing fee in a timely
29manner shall result in termination of the department’s licensure
30review and shall require submission of a new application by the
31prospective licensee.
32(c) Failure of the prospective licensee to demonstrate the ability
33to comply with this chapter or the regulations adopted pursuant to
34this chapter shall result in departmental denial of the prospective
35licensee’s application for licensure.
begin insertSection 11834.20 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
37amended to read:end insert
begin insert(a)end insertbegin insert end insertThe Legislature hereby declares that it is the
39policy of this state that each county and city shall permit and
40encourage the development of sufficient numbers and types of
P5 1alcoholism or drug abuse recovery or treatment facilities as are
2commensurate with local need.
3
(b) (1) It shall be presumed that local need is satisfied, and the
4department shall deny an application for a new facility license, if
5the proposed location is in proximity to an existing facility that
6would result in overconcentration.
7
(2) As used in this section, “overconcentration” means that if
8a new license is issued, two or more alcoholism or drug abuse
9recovery or treatment facilities will be separated by a distance of
10300 feet or less, as measured from the nearest property line on
11which an existing facility is located to the nearest property line of
12the proposed facility. The siting of facilities that combine to form
13integral facilities within 300 feet of one another shall not result
14in overconcentration.
15
(3) Notwithstanding paragraphs (1) and (2), based on special
16local needs and conditions, the department may approve a
17separation distance of less than 300 feet if the proximity of facilities
18to one another would not conflict with regulations of the city or
19county in which the proposed facility will be
located.
20
(c) Any city or county may request denial of the license applied
21for on the basis of an overconcentration of facilities.
22
(d) At least 45 days prior to approving any application for a
23new facility, the department or county licensing agency shall notify
24in writing the planning agency of the city, if the facility is to be
25located in the city, or the planning agency of the county, if the
26facility is to be located in an unincorporated area, of the proposed
27location of the facility.
28 The
end delete
29begin insert(e)end insertbegin insert end insertbegin insertTheend insert provisions of this article apply equally to any chartered
30city, general law city, county, city and county, district, and any
31other local public entity.
32For
end delete
33begin insert(f)end insertbegin insert end insertbegin insertForend insert the purposes of this article, “six or fewer persons” does
34not include the licensee or members of the licensee’s family or
35persons employed as facility staff.
begin insertSection 11834.23 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
37amended to read:end insert
(a) Whether or not unrelated persons are living
39together, an alcoholism or drug abuse recovery or treatment facility
40that serves six or fewer persons shall be considered a residential
P6 1use of property for the purposes of this article. In addition, the
2residents and operators of the facility shall be considered a family
3for the purposes of any law or zoning ordinance that relates to the
4residential use of property pursuant to this article.
5(b) For the purpose of all local ordinances, an alcoholism or
6drug abuse recovery or treatment facility that serves six or fewer
7persons shall not be included within the definition of a boarding
8house, rooming house, institution or home for the care of minors,
9the aged, or persons with mental health disorders, foster care
home,
10guest home, rest home, community residence, or other similar term
11that implies that the alcoholism or drug abuse recovery or treatment
12home is a business run for profit or differs in any other way from
13a single-family residence.
14(c) This section shall not be construed to forbid a city, county,
15or other local public entity from placing restrictions on building
16heights, setback, lot dimensions, or placement of signs of an
17alcoholism or drug abuse recovery or treatment facility that serves
18six or fewer persons as long as the restrictions are identical to those
19applied to other single-family residences.
20(d) This section shall not be construed to forbid the application
21to an alcoholism or drug abuse recovery or treatment facility of
22any local ordinance that deals with health and safety, building
23standards, environmental impact standards, or any other matter
24within the
jurisdiction of a local public entity. However, the
25ordinance shall not distinguish alcoholism or drug abuse recovery
26or treatment facilities that serve six or fewer persons from other
27single-family dwellings or distinguish residents of alcoholism or
28drug abuse recovery or treatment facilities from persons who reside
29in other single-family dwellings.
30(e) No conditional use permit, zoning variance, or other zoning
31clearance shall be required of an alcoholism or drug abuse recovery
32or treatment facility that serves six or fewer persons that is not
33required of a single-family residence in the same zone.
34(f) Use of a single-family dwelling for purposes of an alcoholism
35or drug abuse recovery facility serving six or fewer persons shall
36not constitute a change of occupancy for purposes of Part 1.5
37(commencing with Section 17910) of Division 13 or local building
38codes. However, nothing
in this section is intended to supersede
39Section 13143 or 13143.6, to the extent those sections are
P7 1applicable to alcoholism or drug abuse recovery or treatment
2facilities serving six or fewer residents.
3
(g) This section shall not apply to integral facilities, as defined
4in subdivision (d) of Section 11834.02.
5
(h) A city, county, or city and county whose application of zoning
6ordinances to a licensed alcoholism or drug abuse recovery or
7treatment facility is restricted by this section is an interested party
8with standing to pursue any available administrative appeals or
9otherwise seek judicial review of the licensing decision of the
10department and enforce the provisions of this chapter.
If the Commission on State Mandates determines that
12this act contains costs mandated by the state, reimbursement to
13local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.
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