BILL ANALYSIS �
AB 2491
Page 1
Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON HEALTH
Richard Pan, Chair
AB 2491 (Nestande) - As Amended: April 22, 2014
SUBJECT : Alcohol and drug abuse treatment facilities: sober
living homes.
SUMMARY : Exempts sober living homes from licensure as an adult
alcoholism or drug abuse recovery or treatment facility.
Specifically, this bill :
1)Defines a sober living home as a residential property that is
operated as a cooperative living arrangement to provide an
alcohol and drug free environment for persons recovering from
alcoholism or drug abuse.
2)Requires that sober living homes meet certain requirements to
meet this definition, including:
a) Residents, resident owners, operators, and managers are
living a sober lifestyle, actively participate in
legitimate programs, and maintain records of meeting
attendance;
b) Maintain a zero tolerance policy towards drugs and
alcohol;
c) Do not provide services requiring licensure by
Department of Alcohol and Drug Recovery Programs;
d) Adhere to current law regarding registered sex offenders
for residential areas; and,
e) Residents do not require care or supervision as provided
by a licensed care facility.
3)Provides that minor dependents may reside in a sober living
home.
4)Provides that sober living homes that are certified,
registered, or approved by a recognized nonprofit organization
providing credible quality assurance services are presumed to
meet the definition of a sober living home.
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EXISTING LAW :
1)Gives the Department of Health Care Services licensing
authority over adult alcoholism or drug abuse recovery or
treatment facilities, which include any facility that provides
24-hour residential non-medical 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.
2)Requires a treatment facility that serves six or fewer
residents to be considered a residential use of property and
not subject to special taxes or fees, conditional use permits,
zoning ordinances, or other clearances.
3)Prohibits, under the California Fair Employment and Housing
Act, discrimination against any person in any housing
accommodation on the basis of race, color, religion, sex,
marital status, national origin, ancestry, familial status, or
disability. Specifies that discriminatory land use
regulations, zoning laws, and restrictive covenants are
unlawful acts.
4)Under the federal Americans with Disabilities Act of 1990
(ADA), prohibits discrimination by any public entity by reason
of an individual's disability. Under the federal Fair Housing
Act, makes it unlawful to make unavailable or deny, a dwelling
to any buyer or renter because of a disability.
FISCAL EFFECT : This bill has not yet been analyzed by a fiscal
committee.
COMMENTS :
1)PURPOSE OF THIS BILL . According to the author, this bill
creates a uniform definition of a Sober Living Home, which is
a residential property which is operated as a cooperative
living arrangement that provides a drug and alcohol-free
environment for individuals who are recovering from drug or
alcohol abuse. The author asserts that this bill will help
distinguish legitimate sober living environments (SLEs) from
those that do not provide a safe and sober environment for
those in recovery. By establishing a definition of what a
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sober living home is, and allowing recognized non-profit
organizations to develop guidelines for operation of these
homes, the author contends this bill will allow individuals to
identify facilities that share their goals of a sober
lifestyle.
2)BACKGROUND . Sober living homes are alcohol and drug free
living environments for individuals attempting to maintain
abstinence from alcohol and drugs. Sober living homes operate
on the concept that by surrounding oneself with individuals
who are experiencing the same self-help learning process,
recovering from one's addiction is much easier. They offer no
formal treatment but either mandate or strongly encourage
attendance at 12-step groups. Sober living homes provide a
resource for individuals completing residential treatment,
attending outpatient programs, leaving incarceration, or
seeking alternatives to formal treatment. Sober living homes
are financially sustained through resident fees and
individuals can typically stay as long as they wish. Because
they do not offer formal treatment services, they are not
monitored by state licensing agencies. However, many sober
living homes are members of sober living home coalitions or
associations that monitor health, safety, quality, and
adherence to a social model philosophy of recovery that
emphasizes 12-step group involvement and peer support.
Residents may be enrolled in outpatient treatment concurrently
while living at a sober living home.
The federal Fair Housing Act protects people with past and
current alcohol addiction and past drug addiction. The ADA
additionally gives civil rights protection to individuals with
disabilities, similar to that provided to individuals on the
basis of race, sex, national origin, and religion. Alcohol
and drug dependency are covered under the ADA. In particular,
protection is provided to those who have successfully
completed a drug rehabilitation program, or who are currently
enrolled in such programs.
3)SUPPORT . California Association of Addiction Recovery
Resources supports the concept of defining SLEs in statutes
and since they are a nonprofit that could certify SLEs, they
are the is concerned that this language might make them liable
if a home they certified fell out of compliance with the
statute.
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4)RELATED LEGISLATION .
a) AB 2335 (Mansoor) would have defined sober living homes
with certain criteria and exempted a sober living home or
supportive housing from licensure as an alcohol and drug
treatment program. AB 2335 failed passage in this
committee on April 22, 2014.
b) AB 2374 (Mansoor) requires licensed residential
treatment facilities to report deaths and other unusual
events to the state within specified time frames and
requires organizations that certify alcohol and other drug
counselors to check databases of other counselor certifying
organizations prior to registering or certifying a
counselor. AB 2374 is pending hearing in the Assembly
Appropriations Committee.
c) AB 395 (Fox) would have allowed licensed residential
treatment facilities to provide medical services by a
physician to residents to assist in detoxification and
treatment, under certain conditions. AB 395 was held on
the suspense file in the Senate Appropriations Committee.
d) AB 40 (Mansoor) would have required licensed residential
treatment facilities to report deaths and other unusual
events to the state within specified time frames. AB 40
was held on the suspense file in the Assembly
Appropriations Committee.
5)PREVIOUS LEGISLATION .
a) AB 1983 (Mansoor) of 2012 would have required integral
facilities, meaning any combination of two or more
facilities that collectively serve seven or more persons
and provide housing in one facility and recovery
programming, treatment, meals, or any other services at
another facility, as specified, to be subject to state
licensure as an alcoholism or drug abuse recovery or
treatment facility. AB 1983 died without a hearing in the
Assembly Health Committee.
b) AB 1284 (Huffman) of 2009 would have required the state
to notify the appropriate city or county planning agency of
a proposed facility's application for licensure as a
residential treatment facility if it operates as an
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integral component of an existing licensed facility managed
by the same licensee and is located within 300 feet of the
existing facility. AB 1284 was held on the suspense file
in the Assembly Appropriations Committee.
c) SB 268 (Harman) of 2009, which was substantially similar
to SB 1000 (Harman) of 2008, failed passage in the Assembly
Health Committee and was subsequently amended to a
different topic.
d) AB 2903 (Huffman) of 2008 would have authorized state
licensing authorities to require any person or entity
applying for licensure to provide specified information
before a license is issued. AB 2903 was held in the Senate
Health Committee.
e) SB 1000 (Harman) of 2008 would have required applicants
seeking a treatment facility license to certify that the
facility is consistent with local zoning ordinances. SB
1000 failed passage in the Senate Health Committee.
f) AB 724 (Benoit) of 2007 was identical to this bill. AB
724 failed passage in the Senate Health Committee.
g) SB 530 (Dutton) of 2007 would have prohibited licensure
of a treatment facility if another treatment facility was
located within 300 feet. SB 530 was held in the Senate
Health Committee.
h) AB 370 (Adams) of 2007 would have permitted a local
government to include a residential care facility serving
six or fewer persons, including a sober living facility,
within the definition of single family residence. AB 370
was held on the suspense file in the Assembly
Appropriations Committee.
i) AB 3007 (Emmerson) of 2006 would have prohibited
licensure of a treatment facility if another treatment
facility was located within 300 feet. AB 3007 was held on
the suspense file in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
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None on file.
Opposition
California Association of Alcohol and Drug Program Executives
Western Center on Law and Poverty
Analysis Prepared by : Dharia McGrew / HEALTH / (916) 319-2097