HomeMy WebLinkAbout27 - Consideration of Sending a Letter in Support of HR 5724 Relating to Group Residential UsesQ SEW Pp�T
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c�<,FORN'P City Council Staff Report
June 12, 2018
Agenda Item No. 27
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager - 949-644-3001,
dkiff@newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager, dkiff@newportbeachca.gov
TITLE: Consideration of Sending a Letter in Support of HR 5724 Relating to
Group Residential Uses
ABSTRACT:
Council Member Peotter has asked that the City take a formal position in support of
HR 5724 (Rohrabacher) relating to substance use recovery facilities, federal funding for
recovery services as it relates to compliance with local laws, and insurance for persons
seeking substance abuse recovery.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Authorize the Mayor to send a letter in support of HR 5724 as the bill is written; or
c) Authorize the Mayor to send a letter in support of specific aspects of HR 5724 relating
to the placement of recovery facilities; or
d) Take no position.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Since the late 2000s, Newport Beach has attempted to strike a balance between the need
for persons in recovery to participate in a safe residential treatment program and the need
to preserve the character of our residential neighborhoods. Following the adoption of a
Group Residential Uses ordinance in 2008 — and the subsequent legal battles to protect
it — the city has largely co -existed fairly well with a smaller number of recovery homes
(when compared to 2007-2008). Recovery homes in Newport Beach can be either State -
licensed treatment homes or, in some cases, homes where treatment is not provided
onsite but where a group of persons in recovery operate as a single housekeeping unit.
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Consideration of Sending a Letter in Support of HR 5724
Relating to Group Residential Uses
June 12, 2018
Page 2
On May 9, 2018, Congressman Dana Rohrabacher (R -Costa Mesa) circulated legislation
at the Federal level (HR 5724) that would do the following:
• Allow a city to limit the placement of a recovery facility within its boundaries, even
excluding them entirely, regardless of any Federal law to the contrary (including the
Americans with Disabilities Act);
• Prohibit any Federal health care program funds to be used for recovery facilities or
services if a home's placement/location is not in compliance with local laws;
• Remove "substance use disorder" treatment services as an "essential health benefit"
under the Affordable Care Act (i.e. insurance carriers would no longer have to cover
recovery services within ACA -compliant insurance services).
The legislation has not been heard by committee at this point, and has been double -
referred to the House Committee on Judiciary and the House Committee on Energy and
Commerce. There are no Congressional co-sponsors at this time. It is uncertain as to
whether the bill will or could be heard within the remainder of the current 115th
Congressional Session. Similar to bills in the California Legislature, when a
Congressional session ends, all legislation that remains pending is archived and must be
re -introduced in the next session to be considered, in effect starting over again.
About supporting the bill. This is legislation introduced quite late in the 115th
Congressional Session with little chance of passage this Session. However, one aspect
of it (the greater ability of localities to determine appropriate placement of a recovery
home) is fully consistent with our current Legislative Platform, which in part reads:
11 — LAND USE REGULATIONS. The City seeks to protect and strengthen the City's land use
authority, including regulation of residential recovery facilities and group homes, zoning,
incorporation, annexation, and community development. Therefore, the City shall:
(a) Support efforts that would allow cities and counties greater control over the
placement and management of residential recovery facilities, parolee homes,
sober living homes, and other group accommodations in residential areas, while
respecting disabled persons' right to the housing of their choice.
However, another key part of the bill is not consistent with the Platform or the City's role
in advocacy for or against issues. A key case in point is whether ACA -compliant
insurance service must include substance use disorder treatment as a benefit. The City
has never expressed an opinion about the types of services that must be provided or not
provided under health insurance. Members of the US Congress today access insurance
benefits through DC Heath Link (an exchange similar to Covered California) where it
appears that every available plan has both inpatient and outpatient substance use
disorder treatment as a covered benefit.
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Consideration of Sending a Letter in Support of HR 5724
Relating to Group Residential Uses
June 12, 2018
Page 3
Further, according to the National Institute on Drug Abuse (NIDA), which is part of the
National Institutes of Health (NIH), substance use disorder and mental illnesses like
bipolar disease and depression can be linked closely together. According to the NIDA,
"multiple national population surveys have found that about half of those who experience
a mental illness during their lives will also experience a substance use disorder and vice
versa."
Given the link between mental illness and substance use disorder, it may be outside of
our wheelhouse for us to weigh in on whether it substance use disorder should be
included as an essential health benefit under the nation's health insurance laws.
Therefore, if the City chooses to offer any support for HR 5724, arguably it should be
limited to the bill's provisions that allow for greater flexibility in placement of group
residential uses.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — HR 5724 - 115th Session
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AUTHENTICATED
U.S. GOVERNMENT
INFORMATION
GPO ATTACHMENT A
115TH CONGRESS He 2D SESSION R. 5724
To amend the Fair Housing Act to clarify the applicability of that Act
to recovery facilities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 2018
Mr. ROHRABACHER introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To amend the Fair Housing Act to clarify the applicability
of that Act to recovery facilities, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Restoring Community
5 Oversight of Sober Living Homes Act of 2018"
6 SEC. 2. ZONING AND LICENSING OF RECOVERY FACILITIES.
7 Section 807 of the Fair Housing Act (42 U.S.C.
8 3607) is amended by adding at the end the following:
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1 "(c) Nothing in this title or any other Federal law
2 relating to protections for those with disabilities prohibits
3 any State or local government from implementing laws,
4 regulations, or ordinances that apply specifically to recov-
5 ery facilities located in residentially zoned areas, including
6 a law, regulation, or ordinance which prohibits recovery
7 facilities in residentially zoned areas.".
8 SEC. 3. FAIR HOUSING ACT DEFINITIONS.
9 Section 802 of the Fair Housing Act (42 U.S.C.
10 3602) is amended -
11 (1) in subsection (b), by inserting before the pe -
12 riod at the end the following: ", except that such
13 term does not include any building, structure, or
14 portion thereof that is located in a residentially
15 zoned area and is used as a recovery facility"; and
16 (2) by adding at the end the following:
17 "(p) `Recovery facility' means a building, structure,
18 or portion thereof that is occupied by a person who is
19 handicapped due to drug addiction or alcoholism, and for
20 which a condition of such occupancy of such building,
21 structure, or portion thereof is that it remains free of con -
22 trolled substances and alcohol.".
•HR 5724 IH
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1 SEC. 4. REQUIREMENTS FOR RECOVERY FACILITIES AS A
2 CONDITION FOR CERTAIN FEDERAL FUND -
3 ING.
4 (a) IN GENERAL.—A recovery facility in a residential
5 zone may not receive direct or indirect payments or reim-
6 bursements or other remunerations from a Federal health
7 care program unless -
8 (1) the recovery facility is in compliance with
9 State and local laws, regulations, or ordinances that
10 apply within the zone where the recovery facility is
11 located; and
12 (2) the local government with jurisdiction over
13 the zone in which the recovery facility is located cer-
14 tifies to the Secretary of Health and Human Serv-
15 ices that the recovery facility is in compliance with
16 State and local laws, regulations, or ordinances that
17 apply within the zone where the recovery facility is
18 located.
19 (b) DEFINITIONS.—In this section:
20 (1) FEDERAL HEALTH CARE PROGRAM.—The
21 term "Federal health care program" has the mean -
22 ing given such term in section 1128B(f) of the So -
23 cial Security Act (42 U.S.C. 1320a7b(f)).
24 (2) RECOVERY FACILITY.—The term "recovery
25 facility" has the meaning given such term in section
•HR 5724 IH
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1 802 of the Fair Housing Act (42 U.S.C. 3602), as
2 amended by section 3.
3 SEC. 5. REMOVING SUBSTANCE USE DISORDER SERVICES
4 AS AN ESSENTIAL HEALTH BENEFIT.
5 Section 13 02 (b) (1) (E) of the Patient Protection and
6 Affordable Care Act (42 U.S.C. 18022(b)(1)(E)) is
7 amended by striking "and substance use disorder".
8 SEC. 6. EFFECTIVE DATE.
9 This Act, and the amendments made by this Act,
10 shall take effect on the date that is 90 days after the date
11 of the enactment of this Act.
0
*HR 5724 IH
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