BILL NUMBER: SB 268	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2009

INTRODUCED BY   Senator Harman

                        FEBRUARY 24, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 268, as amended, Harman. Alcoholism or drug abuse recovery or
treatment facilities: licensing.
   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. Under existing law, an applicant for a
license is required to submit to the department, among other things,
a completed written application and an approved fire clearance.
   This bill would require the application to include a certification
that the facility complies with local zoning ordinances. It would
also require the department  to verify this certification
  to ensure that the license application contains a
clear reference to statutory requirements under which a drug abuse
recovery or treatment facility that serves 6 or fewer persons shall
be   considered a residential use of property .
   This bill would make an approved fire clearance  for a drug
abuse recovery or treatment facility serving 7 or more persons 
valid only for the duration of the 2-year term of the license.
 An applicant for license renewal would be required 
 This bill would require a drug abuse recovery or treatment
facility serving 7 or more persons that applies for license renewal
 to obtain a new fire clearance, as prescribed.
   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.  Any person or entity applying for licensure shall file
with the department, on forms provided by the department, all of the
following:
   (a) A completed written application for licensure that includes a
certification by the applicant that the facility complies with local
zoning ordinances. The department shall  verify this
certification before approving the application.   ensure
that the license application contains a clear reference to Section
11834.23 and its requirement that a drug abuse recovery or treatment
facility that serves six or fewer persons shall be considered a 
 residential use of property. 
   (b) A fire clearance approved by the State Fire Marshal or local
fire  enforcement officer. This   prevention
officer. If a drug abuse recovery or treatment facility serves seven
or more persons, this  clearance shall be valid for the two-year
licensure term and shall expire at the conclusion of the term. Any
license renewal  by a drug abuse recovery or treatment facility
serving seven or more persons  shall include a fire clearance
approved by the State Fire Marshal or local fire  enforcement
  prevention  officer based on building codes in
place at the time  of the applicable license renewal.
  that the facility was initially licensed. 
   (c) A licensure fee, established in accordance with Chapter 7.3
(commencing with Section 11833.01).