BILL NUMBER: AB 2403 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Member Bloom
(Principal coauthor: Assembly Member Wilk)
( Principal coauthor: Senator
Allen )
(Coauthor: Assembly Member Brough)
FEBRUARY 19, 2016
An act to amend Section 11834.09 Sections
11834.02, 11834.09, 11834.20, and 11834.23 of the Health and
Safety Code, relating to alcoholism and drug abuse.
LEGISLATIVE COUNSEL'S DIGEST
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 define integral facilities
"integral facilities" to mean any combination
of two 2 or more facilities located on
the same or different parcels that collectively serve 7 or more
persons, not including the licensee or members of the
licensee's family or persons employed as facility staff,
as specified, and that are under the control or management
of the same owner, operator, management company, or
licensee, or any affiliate of any of them, entity, as
specified, 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.
The 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.
Existing 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.
This 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.
The 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.
This 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
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 or facilities," "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, and that are under the control or
management of the same owner, operator, management company, or
licensee, or any affiliate of any of them, or which together comprise
one operation or enterprise. 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 at
another facility or facilities, or by assigning staff or a consultant
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.
SECTION 1. 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 shall issue a single
license to the following types of alcoholism or drug abuse recovery
or treatment facilities:
(1) A residential facility. facility,
other than integral facilities.
(2) Integral facilities. As used in this section,
"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 and that are
under the control or management of the same owner, operator,
management company, or licensee, or any affiliate of any of them, or
which together comprise one operation or enterprise. 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 at another facility, or facilities, or by
assigning staff or a consultant to provide services to or in more
than one facility. 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 11834.20 of the Health
and Safety Code is amended to read:
11834.20. (a) The Legislature hereby
declares that it is the policy of this state that each county and
city shall permit and encourage the development of sufficient numbers
and types of alcoholism or drug abuse recovery or treatment
facilities as are commensurate with local need.
(b) (1) It shall be presumed that local need is satisfied, and the
department shall deny an application for a new facility license, if
the proposed location is in proximity to an existing facility that
would result in overconcentration.
(2) As used in this section, "overconcentration" means that if a
new license is issued, two or more alcoholism or drug abuse recovery
or treatment facilities will be separated by a distance of 300 feet
or less, as measured from the nearest property line on which an
existing facility is located to the nearest property line of the
proposed facility. The siting of facilities that combine to form
integral facilities within 300 feet of one another shall not result
in overconcentration.
(3) Notwithstanding paragraphs (1) and (2), based on special local
needs and conditions, the department may 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.
(c) Any city or county may request denial of the license applied
for on the basis of an overconcentration of facilities.
(d) At least 45 days prior to approving any application for a new
facility, the department or county licensing agency shall notify in
writing the planning agency of the city, if the facility is to be
located in the city, or the planning agency of the county, if the
facility is to be located in an unincorporated area, of the proposed
location of the facility.
The
(e) The provisions of this article
apply equally to any chartered city, general law city, county, city
and county, district, and any other local public entity.
For
(f) For the purposes of this
article, "six or fewer persons" does not include the licensee or
members of the licensee's family or persons employed as facility
staff.
SEC. 4. 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
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 the facility shall be considered a family
for the purposes of any law or zoning ordinance that relates to the
residential use of property pursuant to this article.
(b) For the purpose of all local ordinances, an alcoholism or drug
abuse recovery or treatment facility 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 persons with mental health disorders, foster care home,
guest home, rest home, community residence, or other similar term
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.
(c) This section shall not be construed to forbid 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 that serves
six or fewer persons as long as the restrictions are identical to
those applied to other single-family residences.
(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 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 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.
(e) No conditional use permit, zoning variance, or other zoning
clearance shall be required of an alcoholism or drug abuse recovery
or treatment facility that serves six or fewer persons that is not
required of a single-family residence in the same zone.
(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.
(h) A city, county, or city and county whose application of zoning
ordinances to a licensed alcoholism or drug abuse recovery or
treatment facility is restricted by this section 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 provisions of this chapter.
SEC. 5. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.