BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 268|
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THIRD READING
Bill No: SB 268
Author: Harman (R)
Amended: 5/6/09
Vote: 21
SENATE HEALTH COMMITTEE : 7-4, 4/29/09
AYES: Strickland, Aanestad, Cedillo, Cox, Maldonado,
Pavley, Wolk
NOES: Alquist, DeSaulnier, Leno, Negrete McLeod
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Alcoholism or drug abuse recovery or treatment
SOURCE : City of Newport Beach
DIGEST : This bill requires applicants seeking a license
for a recovery or treatment facility from the Department of
Alcohol and Drug Programs (DADP) to certify that the
facility is in compliance with local zoning ordinances and
requires DADP to ensure that the license application
contains a clear reference to statutory requirements under
which a drug abuse recovery or treatment facility that
serves six or fewer persons shall be considered a
residential use of property.
ANALYSIS :
Existing law:
CONTINUED
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1. Declares that it is the policy of the state for each
city and county to permit and encourage a sufficient
number and type of alcohol or drug recovery and
treatment facilities commensurate with local need.
2. Requires DADP to license all adult alcoholism or drug
abuse recovery or treatment facilities.
3. Defines a recovery or treatment facility as a facility
that provides 24-hour residential non-medical services
to adults who are recovering from problems related to
substance abuse and provides that a licensee must
provide at least one recovery, treatment or
detoxification service.
4. Requires an applicant, when applying to DADP for a
treatment facility license, to file an application,
obtain a fire clearance approved by the State Fire
Marshal or local fire enforcement officer, and pay a
license fee, among other requirements.
5. Requires treatment facilities with six or fewer persons
to be regarded as a residential use and to be treated no
differently than other residential uses.
6. Prohibits discrimination against any person in any
housing accommodation on the basis of race, color,
religion, sex, status, national origin, ancestry,
familial status or disability.
7. Specifies that discriminatory land use regulations,
zoning laws and restrictive covenants are unlawful acts.
This bill:
1. Requires an applicant for an alcohol or drug recovery
and treatment facility, to certify that the facility
complies with local zoning ordinances.
2. Requires DADP 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 six or fewer
persons shall be considered a residential use of
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property.
3. Makes an approved fire clearance valid for the two-year
duration of the license.
4. Makes an approved fire clearance for a drug abuse
recovery or treatment facility serving seven or more
persons valid only for the duration of the two-year term
of the license, and requires a drug abuse recovery or
treatment facility serving seven or more persons that
applies for license renewal to obtain a new fire
clearance, as prescribed.
Background
According to DADP, health and safety concerns are the
primary focus of licensing provisions pertaining to
facilities. The licensing application process includes a
review of the facility's program in the following areas:
fire clearance, water supply clearance, plan of operation,
total occupancy and treatment capacity determination,
reporting requirements, personnel requirements and records,
admission agreements, health screening resident records,
personal rights, telephones, transportation, health-related
services, food service, activities, buildings and grounds,
outdoor and indoor activity space, storage space, fixtures,
furniture and equipment. DADP requires compliance with
these on an ongoing basis and violations can result in
license suspension or revocation.
Treatment for substance abuse is similar to treatment for
any other chronic medical condition, in that treatment
requires care over a sustained period and requires a
sustained lifelong commitment on the part of those who are
afflicted. Substance abuse, along with other chronic
diseases such as hypertension and diabetes, can be
successfully treated with similar success rates, but
requires a variety of interventions and care. In the case
of substance abuse, successful treatment and recovery
requires facilities that offer differing levels of care and
treatment, including licensed treatment facilities,
recovery maintenance facilities, and sober living homes,
which provide a continuum of care. Many of these
facilities are not subject to licensing by the state under
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current law.
Demand for treatment has increased with the passage of
Proposition 36, the Substance Abuse and Crime Prevention
Act of 2000. Proposition 36 requires probation and drug
treatment instead of incarceration for individuals
convicted of possession, use, transportation for personal
use, or being under the influence of controlled substances
and for similar parole violations, not pertaining to the
sale or manufacture of drugs. Under the Act, eligible
offenders receive up to one year of drug treatment and six
months of maintenance care.
There has been ongoing controversy in the City of Newport
Beach over group residential uses, including facilities
used for recovery and treatment of drug and alcohol abuse.
The City adopted a new ordinance to deal with group homes
and their impacts. This resulted in lawsuits both from
city residents arguing that the ordinance was not
restrictive enough and from group home operators who argued
that the ordinance was impermissibly restrictive.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/19/09)
City of Newport Beach (source)
Cities of Dana Point, Fountain Valley, and Westminster
League of California Cities
OPPOSITION : (Verified 5/19/09)
CRC Health Group
California Association of Addiction Recovery Resources
California Therapeutic Communities
County Alcohol and Drug Program Administrators Association
of California
Sober Living By The Sea
Western Center on Law and Poverty
ARGUMENTS IN SUPPORT : Supporters argue that this bill
will protect the integrity and accountability of the
facility while help ensure the safety and beauty of
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neighborhoods is preserved. The City of Newport Beach, the
bill's sponsor, argues that this bill will ensure that
operators of group care facilities will receive an updated
fire clearance from a local fire marshal or the state fire
marshal when operators renew their license with DADP. They
note that DADP can renew a license with a very old fire
clearance form. They argue that clients deserve to be in a
place that reflects current standards for life safety
protections. The City also supports the bill because it
will ensure that operators comply with their existing
responsibilities of complying with zoning laws, and notes
that currently DADP does not verify compliance. They also
state that the bill does not apply to small facilities of
six or less individuals because they agree that local
governments must treat small licensed facilities as they do
a typical single family use.
ARGUMENTS IN OPPOSITION : The Western Center on Law and
Poverty (WCLP) argues that it is not in the state's
interest to allow local governments to erect barriers to
housing for persons with special needs. WCLP contends that
the state has a serious shortage of specialized housing,
and many of these individuals are leaving state
institutions of care. WCLP argues that successful
reintegration into the community is crucial to helping
those with special needs make a transition to a productive
life, and it is crucial for the state to have such persons
succeed to reduce the burden on taxpayers.
CTW:mw 5/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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