BILL NUMBER: SB 268	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 1, 2009
	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  proposed  facility complies with local zoning
 ordinances   or is a legal nonconforming use
 . It would also require the department 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   is
 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. 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  proposed  facility
complies with local zoning  ordinances   or is a
legal nonconforming use  . The department shall 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 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 prevention officer
based on building codes in place at the time that the facility was
initially licensed.
   (c) A licensure fee, established in accordance with Chapter 7.3
(commencing with Section 11833.01).