HomeMy WebLinkAbout19 - Legislation Relating to Group HomesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 19
March 27, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
949/644 -3002 or dkiff @city.newport- beach.ca.us
SUBJECT: Legislation Relating to Group Homes
ISSUE:
Which of the recently- introduced legislation relating to residential recovery facilities
should the City support or oppose?
RECOMMENDATION:
Select one or more of the following options:
1. Receive and file information about the City's actions in support of various residential
recovery facility legislation;
2. Direct the Mayor to write a letter to State Senator Robert Dutton (R- Riverside)
requesting an amendment to SB 530 that would put a 1,000' distancing requirement
for licensed treatment facilities into SB 530.
3. Direct the Mayor to write a letter to State Senator Tom Harman (R- Riverside)
requesting an amendment to SB 1000 that would put a 1,000' distancing
requirement for all rehab homes (licensed or not) into SB 1000.
DISCUSSION:
Background. The top "Area of Focus" deemed most critical for the City's 2007 -08
legislative efforts as stated on the City's Legislative Platform for 2007 -08 was:
1. Group Homes & Residential Recovery Facilities. The City will seek greater legislative
authority to control the adverse impacts of these facilities when they are poorly run or
overconcentrated in our residential neighborhoods.
The passage of the 2007 -08 Legislative Platform on February 27th and its related
Council Resolution (Resolution 2007 -11) authorizes the Mayor "to make statements and
write letters necessary to support legislative actions consistent with the City's adopted
2007 -08 Legislative Platform during calendar years 2007 and 2008."
Legisladon Relating to Group Homes
March 27, 2007
Page 2
In recent weeks, legislators in Sacramento have introduced several bills relating to
group homes and residential recovery facilities that are worthy of the City's support.
These bills include, but are not limited to:
SENATE BILLS
• SB 530 (Dutton) — Would require the Department of Alcohol and Drug Programs
(ADP) to deny applications for new licensed treatment facilities (facilities which offer
treatment onsite) if the new facility would be 300' or less from an existing licensed
treatment facility. Distancing restrictions would probably apply only to facilities
housing seven or more residents.
• SB 708 (Dutton) — Prohibits the State from licensing a "6 and under" home for
developmentally disabled children unless the operator has received a conditional
use permit (CUP) from the proposed facility's local government.
• SB 709 (Dutton) -- Permits local governments to submit documentation relating to
the overconcentration of certain adult residential care facilities housing six or fewer
residents licensed by the State Department of Social Services (DSS), and permits
the DSS Director to suggest alternative locations to a proposed provider when such
overconcentration exists.
• SB 992 (Wiggins) — Allows ADP to license and certify adult recovery maintenance
facilities (sober living + some services — currently unlicensed).
• SB 1000 (Harman) — Does a variety of things relating to residential facilities for
alcohol and drug treatment, including:
• Authorizing local code enforcement officials to conduct site visits on such facilities;
• Providing the State with additional information about "integral" or campus- operated
facilities that link multiple homes or sites together;
• Allows ADP to license and certify adult recovery maintenance facilities (sober living +).
• Exempts licensed facilities within 300' of each other (that are linked together
operationally) from State law's finding that "6 and Under" facilities must be treated like
any other residential use of property.
• Allows local governments to require a business license for rental of residential property
from a "6 and Under" licensed facility.
ASSEMBLY BILLS
• AB 411 (Emmerson) — Permits local governments to submit documentation relating
to the overconcentration of certain elderly care facilities, and permits the State to
suggest alternative locations to a proposed provider when overconcentration exists.
• AB 626 (Walters) — A bill that today holds a place for Assembly Member Walters to
provide her perspective on residential recovery facilities.
Consistent with the Legislative Platform, the City has sent letters supporting the bills
that we believe will be helpful to us — either in the short term or the long term — in
improving our ability to protect the character of Newport Beach's residential
neighborhoods. These bills are:
• SB 530
• SB 708
• SB 709
• SB 1000
• AB 411
Legislation Relating to Group Homes
March 27, 2007
Page 3
We will consider sending an additional letter for AB 626, SB 992 and other bills as we
see later amendments.
What IROC Said. At the first meeting of the Intense Residential Occupancy Committee
(IROC) on Thursday, March 15`h, the Committee took a cursory look at these bills and a
few others. The Committee focused on SB 1000 and started discussing. putting specific
distancing requirements in place between rehab facilities. The discussion seemed to
cover both sober living homes (unlicensed facilities in which no treatment services may
be offered onsite) and licensed treatment facilities (in which nonmedical services are
given onsite). No clear differentiation was made between licensed and unlicensed
homes, or whether the licensed or unlicensed facilities under discussion housed six or
fewer, or seven or more, residents. Listening to that discussion, I am not certain that
the Committee fully understood what SB 1000's proposed language does.
SB 1000 proposes that, if a single operator of a series of licensed "6 and Unders"
operates more than one "6 and Under" within a 300' distance in a networked or integral
way (providing coordinated services like van pick -ups, food service, laundry, etc), then
local governments should not have to treat them as a purely residential use of property.
If SB 1000 passed in its current form, we could require these operators to get a Federal
Exception Permit (FEP) for such campus -like operations. SB 1000 does not propose
allowing us or ADP to deny placement of such homes or facilities because they are
within 300' of each other.
IROC members (and the audience at the meeting) seemed to focus on a slightly
different issue. Concerned about distances between all facilities, they asked (on a 6 -1
vote) that the City Council consider asking Senator Harman to amend SB 1000 to
within 1.000' of another one. As noted above, Senator Harman's bill does not place a
distancing limit that would cause an outright prohibition on new homes if they were
close to another one — instead, SB 1000 allows for additional local regulation when such
homes are networked together and within 300' of each other.
Senator Harman's office believes, as do many legal experts (including those that spoke
at our Residential Recovery Facilities Conference), that any distancing requirement for
facilities for persons in recovery that results in an outright prohibition of placement may
be illegal. Distancing requirements are contrary to recent case law interpreting the
federal Fair Housing Act Amendments of 1988 ( "FHAA" ). Further, an applicant can still
request "reasonable accommodation" from the distancing requirement, which the ADP
might have to grant (thus making the distancing requirement moot).
More about Distancing. For several years, the League of California Cities has
sponsored legislation attempting to establish distancing requirements between licensed
alcohol and drug abuse recovery and treatment homes. The bills are routinely defeated
or die in committee.
For example, last year's distancing bill, AB 3007, would have required ADP to deny a
license if a new facility attempted to open within 300 feet of an already existing licensed
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Legislation Relating to Group Homes
March 27, 2007
Page 4
facility. The City worked to support this bill at the time. AB 3007 died when the
legislative session ended while AB 3007 remained on the Assembly Appropriations
Committee's "suspense" file.
This year, after Senator Harman's office called us to ask for our input on the bill that
Senator. Harman was contemplating, we specifically requested distancing restrictions.
We proposed language similar to AB 3007, but with a 500' distancing requirement.
Council Member Keith Curry submitted our draft 500 -foot distancing language to the
Senators staff in September 2006.
Senator Harman's staff asserted (and asserts) that the Senator is committed to
introducing a bill that can pass the Legislature. Because distancing restrictions had
been tried and failed, Senator Harman wanted to attempt something different. We
greatly appreciate his support.
We then pursued distancing with Assembly Member Bill Emmerson, the author of AB
3007. His staff said they wouldn't be reintroducing distancing legislation — to
paraphrase, "because it failed last year, we don't think it would get any farther this year."
Instead, Emmerson introduced AB 411, which does not specifically address rehab
homes, but which the City supports (see above description of AB 411).
We note, too, that even had AB 3007's 300 -foot distancing restrictions become law,
distancing could probably not be applied to the "6 and Unders ", because state law still
requires that they be treated as a single - family residential use.
Staff believes that there are many valuable provisions to SB 1000 as it stands today that
would provide cities with more regulatory authority over "6 and Under" and 7 or More"
licensed facilities, as well as many currently unlicensed facilities of both sizes. These
include:
• A requirement that a facility proposing to house seven or more residents receive a CUP from
the city before a license can be granted by ADP;
• A legally defensible method for preventing campusing or networking that also provides
justification for finding a campus with two or more buildings or units, rather than three; and
• A grant of authority to the ADP to request local jurisdictions' code enforcement officers to
help its limited staff in their enforcement activities.
SB 1000 also establishes an "adult recovery maintenance facility" classification and
requires ADP licensing for such uses, which gives a little more oversight to the activities
and operations of a number of facilities currently classified as sober living homes.
Possibly the most important thing SB 1000 does is to clarify that local need for recovery
services (for treatment facilities and adult recovery maintenance facilities) can be
measured at an individual jurisdiction's level.
Another Option for IROC's Ideas. SB 530 proposes 300 -foot distancing between
licensed alcohol and drug abuse recovery and treatment facilities, and could be an
appropriate vehicle for the 1,000 foot distancing language requested by IROC.
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Legislation Relating to Group Homes
March 27, 2007
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Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item may be noticed according to the Brown Act (72 hours
in advance of the public meeting at which the City Council considers the item).
Submitted by:
Dave Kiff
Assistant City Manager
Attachments: SB 530 (Dutton)
SB 1000 (Harman)
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SENATE BILL No. 530
Introduced by Senator Dutton
February 22, 2007
An act to add Section 11834.07 to the Health and Safety Code,
relating to alcohol and drug treatment facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 530, as introduced, Dutton. Alcohol and drug treatment facilities:
location.
Under existing law, the State Department of Alcohol and Drug
Programs licenses adult alcoholism or drug abuse recovery or treatment
facilities. Existing law allows the department to issue a license to a
facility if the applicant meets specified requirements.
This bill would provide that it is the policy of the state to prevent
overconcentrations of adult alcoholism or drug abuse recovery or
treatment facilities that impair the integrity of residential neighborhoods.
The bill would require the department, commencing March 1, 2008, to
deny an application for a new facility license if the department
determines that the facility would be separated from an existing facility
by a distance of 300 feet or less. It would require the department or
county licensing agency, within 45 days prior to approving any
application for a new facility, to notify in writing the appropriate city
or county planning agency of the proposed location of the facility.
This bill would prohibit the interpretation of this bill to authorize or
require the department to take any action that would conflict with the
Fair Employment and Housing Act and regulations adopted pursuant
to that act, or that would violate the federal Fair Housing Amendments
Act of 1988 or the Americans with Disabilities Act of 1990 and federal
regulations adopted pursuant to those acts.
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SB 530 —2—
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: no.
The people of the State of California do enact as follows:
I SECTION 1. Section 11834.07 is added to the Health and
2 Safety Code, to read:
3 11834.07. (a) The Legislature hereby declares it to be the
4 policy of the state to prevent overconcentrations of adult alcoholism
5 or drug abuse recovery or treatment facilities that impair the
6 integrity of residential neighborhoods. Therefore, commencing
7 March 1, 2008, the department shall deny an application for a new
8 facility license if the department determines that the location is in
9 a proximity to an existing facility that would result in
10 overconcentration.
11 (b) As used in this section, "overconcentration" means that if a
12 new license is issued, there will be facilities that are separated by
13 a distance of 300 feet or less, as measured from any point upon
14 the outside walls of the structures housing those facilities. Based
15 on special local needs and conditions, the department may approve
16 a separation distance of less than 300 feet with the approval of the
17 city or county in which the proposed facility will be located.
18 (c) At least 45 days prior to approving any application for a new
19 facility, the department, or county licensing agency, shall notify,
20 in writing, the planning agency of the city, if the facility is to be
21 located in the city, or the planning agency of the county, if the
22 facility is to be located in an unincorporated area, of the proposed
23 location of the facility.
24 (d) Any city or county may request denial of the license applied
25 for on the basis of an overconcentration of facilities.
26 (e) Nothing in this section authorizes the department, on the
27 basis of an overconcentration, to refuse to grant a license upon a
28 change of ownership of an existing facility where there is no change
29 in the location of the facility.
30 (f) This section shall not be interpreted to authorize or require
31 the department to take any action that would conflict with the Fair
32 Employment and Housing Act (Part 2.8 (commencing with Section
33 12900) of Division 3 of Title 2 of the Government Code and
34 regulations adopted pursuant to that act, or that would violate the
35 federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec.
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3601 et seq.) or the Americans with Disabilities Act of 1990 (Public
Law 101 -336) and federal regulations adopted pursuant to those
acts.
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SENATE BILL No. 1000
Introduced by Senator Harman
February 23, 2007
An act to amend Sections 1] 931.5, 11834.01, 11834.02, 11834.03,
11834.09, 11834.10, 11834.15, 11834.17, 11834.18, 11834.20,
11834.21, 11834.22, 11834.23, 11834.24, 11834.25, 11834.26,
11834.30, 11834.31, 11834.32, 11834.36, and 11834.50 of, to add
Sections 11834.04 and 11834.11 to, and to repeal and add Section
11834.16 of, the Health and Safety Code, relating to substance abuse.
LEGISLATIVE COUNSEL'S DIGEST
SB 1000, as introduced, Harman. Substance abuse: adult recovery
maintenance facilities.
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. Existing law authorizes the department to conduct site visits
to licensed facilities for compliance purposes. Existing law requires the
department to grant certification to any alcoholism or drug abuse
recovery or treatment program requesting the certification. Existing
law prohibits the department from levying a fee for certification of
nonprofit organizations or local governmental entities under these
provisions.
This bill would permit the department to authorize local code
enforcement officials to conduct the site visits. It would also require
the department to also administer the licensure, certification, and
regulation of adult recovery maintenance facilities, as defined. This bill
would delete the prohibition against levying fees for certification of
nonprofit organizations or local governmental entities.
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5B 1000 —2—
This bill would require any person or entity applying for a license to
provide documentation to the department regarding the joining of the
facility and any conditional use permit if the facility cares for at least
7 persons.
Existing law requires the department to calculate and establish a fee
for initial licensure, and for extension of the period of licensure, of an
alcoholism or drug abuse recovery or treatment facility. Existing law
also prohibits fees from being levied for licensure of nonprofit
organizations or local governmental entities.
This bill would eliminate the prohibition against levying licensing
fees for licensure of nonprofit organizations or local governmental
entities, with respect to fees for licensure of an alcoholism or drug abuse
recovery or treatment facility or an adult recovery maintenance facility.
Existing law requires a facility that serves 6 or fewer persons to be
considered a residential use of property for purposes of the
above - described provisions.
This bill would exempt from this requirement those facilities that are
located within 300 feet of another facility that is owned or operated by
the same person or entity and provides specified services.
Existing law prohibits for purposes of all local ordinances a facility
that serves 6 or fewer persons from being included within the definition
of a boarding house or other similar tern that implies that the facility
is a business run for profit or differs in any other way from a
single - family residence.
This bill would exempt from this prohibition any local ordinance that
requires a business license for the rental of residential property.
This bill would establish the Residential and Outpatient Programs
Compliance Branch Licensing and Certification Trust Fund in the State
Treasury. The bill would require the trust fund, upon appropriation by
the Legislature, to be used exclusively to cover administrative costs of
the licensing and certification process established by the bill.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11831.5 of the Health and Safety Code
2 is amended to read:
3 11831.5. (a) Certification shall be granted by the department
4 pursuant to this section to any qualified alcoholism or drug abuse
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1 recovery or treatment program, regardless of the source of the
2 program's funding, upon approval of a completed application and
3 payment of the required fee. The certification shall be valid for a
4 period of not more than two years. The department may extend
5 the certification period upon receipt of an application for renewal
6 and payment of the required certification fee prior to the expiration
7 date of the certification.
8 (b) The purposes of certification under this section shall be all
9 of the following:
10 (1) To identify programs that exceed minimal levels of service
11 quality, are in substantial compliance with the department's
12 standards, and merit the confidence of the public, third -party
13 payers, and county alcohol and drug programs.
14 (2) To encourage programs to meet their stated goals and
15 objectives.
16 (3) To encourage programs to strive for increased quality of
17 service through recognition by the state and by peer programs in
18 the alcoholism and drug field.
19 (4) To assist programs to identify their needs for technical
20 assistance, training, and program improvements.
21 (c) Certification may be granted under this section on the basis
22 of evidence satisfactory to the department that the requesting
23 alcoholism or drug abuse recovery or treatment program has an
24 accreditation by a statewide or national alcohol or drug program
25 accrediting body. The accrediting body shall provide accreditation
26 that meets or exceeds the department's standards and is recognized
27 by the department.
28 (d) No fee shall be lenviedby e deparftnent for eertifieation of
29 noftprofit organizations or laeal governmeift! entities under this
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32 (d) Certification, or the lack thereof, shall not convey any
33 approval or disapproval by the department, but shall be for
34 information purposes only.
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36 (e) The standards developed pursuant to Section 11830 and the
37 certification under this section shall satisfy the requirements of
38 Section 1463.16 of the Penal Code.
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(9 The department and the State Department of Social Services
shall enter into a memorandum of tmderstandin an interagency
agreement to establish a process by which the Department of
Alcohol and Drug Programs can certify residential facilities or
programs serving primarily adolescents, as defined in paragraph
(1) of subdivision (a) of Section 1502, that have programs th
primarily serve adoleseents and provide ale. .-hol and othe that
provide alcoholism and drug abuse recovery or treatment services.
(g) Regulations adopted by the department pursuant to this
section shall be adopted as emergency regulations in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, and for the purposes
of that chapter, including Section 11349.6 of the Government
Code, the adoption of these regulations is an emergency and shall
be considered by the Office of Administrative Law as necessary
for the immediate preservation of the public peace, health and
safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, including subdivision (e) of Section
11346.1 of the Government Code, any emergency regulations
adopted pursuant to this section shall be filed with, but not be
repealed by, the Office of Administrative Law and shall remain
in effect until revised by the department. Nothing in this
subdivision shall be interpreted to prohibit the department from
adopting subsequent amendments on a nonemergency basis or as
emergency regulations in accordance with the standards set forth
in Section 11346.1 of the Government Code.
SEC. 2. Section 11834.01 of the Health and Safety Code is
amended to read:
11834.01. (a) The department has the sole authority in state
government to license adult alcoholism or drug abuse recovery or
treatment facilities and adult recovery maintenance facilities.
(b) In administering this chapter, the department shall issue new
licenses for a period of two years to those programs that meet the
criteria for licensure set forth in Section 11834.03, and the criteria
for certification set forth in Chapter 7 (commencing with Section
11830).
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1 (c) Onsite program visits for compliance shall be conducted at
2 least once during the lieense period each licensure or certification
3 period. However, the department may waive an onsite program
4 visit for compliance no more than once every other licensure or
5 certification period if the provider has demonstrated satisfactory
6 compliance as determined by regulation.
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8 (d) The department may conduct announced or unannounced
9 site visits to facilities licensed pursuant to this chapter for the
10 purpose of reviewing for compliance with all applicable statutes
11 and regulations. In addition, the department may authorize a local
12 code enforcement official, upon request by this official, to conduct
13 these site visits for this purpose.
14 (e) Except where otherwise directly stated or necessarily
15 implied, all provisions of this chapter shall apply to adult
16 alcoholism or drug abuse recovery or treatment facilities and to
17 adult recovery maintenance facilities.
18 69 On or before July 1, 2009, the department, in consultation
19 with providers of alcohol and other drug recovery, treatment,
20 detoxification, and adult recovery maintenance services, county
21 alcohol and drug program administrators, local government
22 jurisdictions, funding and referral organizations and agencies,
23 and appropriate state agencies, shall develop and adopt emergency
24 regulations governing the licensing and operation ofadult recovery
25 maintenance facilities, including regulations governing services
26 related to special needs as these needs are identified by the
27 department.
28 SEC. 3. Section 11834.02 of the Health and Safety Code is
29 amended to read:
30 11834.02. (a) As used in this chapter, "tea the
31 following terms have the following meanings:
32 (1) "Alcoholism or drug abuse recovery or treatment facility"
33 er `&eility" means any premises, place, or building that provides
34 24 -hour residential nonmedical services to adults who are
35 recovering from problems related to alcohol, drug, or alcohol and
36 drug misuse or abuse, and who need receive alcohol, drug, or
37 alcohol and drug recovery treatment or detoxification services.
38 (2) "Adult recovery maintenance facility" means any facility,
39 place, or building that provides alcohol- or drug -free housing
40 whose rules, peer -led groups, staff activities, or other structured
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operations are directed toward maintenance ofsobriety for adults
in early recovery from substance abuse or adults who recently
have completed alcoholism or drug abuse recovery or treatment
services. This facility is designed to promote independent living
in a supervised setting, but does not provide professional recovery
and treatment services onsite. The facility may require that adults
receive offsite certified alcoholism or other drug treatment services.
The facility is otherwise authorized to receive public funds for
individual residents.
(3) "Adults" may include, but-is are not limited to, all o the
following:
(1) Mothers eve
(A) Persons 18 years of age or older and their minor children.
(2-)–
(B) Emancipated minors, which may include, but is not limited
to, methers persons under 18 years of age and their minor children.
(e) As used ift this ehapter, "emaneipoed
(4) "Emancipated minors" means persons under 18 years of
age who have acquired emancipation status pursuant to Section
7002 of the Family Code.
(b) Notwithstanding paragraph (1) of subdivision (a), an
alcoholism or drug abuse recovery or treatment facility may serve
adolescents upon the issuance of a waiver granted by the
department pursuant to regulations adopted under subdivision (c)
of Section 11834.50.
SEC. 4. 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.
(b) Afire clearance approved by the State Fire Marshal or local
fire enforcement officer.
(c) A licensure fee, established by the department in accordance
with Section 11834.15.
(d) Documentation that the facility will be located in an area
that is zoned for residential use.
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1 (e) Documentation that the facility has a conditional use permit
2 from the local jurisdiction if the facility cares for at least seven
3 persons.
4 (PUAdded by Stats. 1993, Ch. 741, Sec. 1. Effective January],
5 1994)
6 SEC. 5. Section 11834.04 is added to the Health and Safety
7 Code, to read:
8 11834.04. (a) Sober living homes are exempt from licensing.
9 However, to ensure quality assurance of sober living homes, the
10 department may recognize sober living homes that have been
11 certified, registered, or approved by a recognized governmental
12 or nonprofit organization that provides a credible quality assurance
13 service.
14 (b) "Sober living homes" means homes that provide room or
15 board or both, and that require residents to abstain from using
16 alcohol or illicit drugs, but do not provide or require participation
17 in any recovery maintenance activities, do not require supervision,
18 do not receive public funds for individual residents, and do not
19 maintain case management files as a condition of residency.
20 However, residents may form or participate in peer -led self -help
21 groups within a sober living home.
22 SEC. 6. Section 11834.09 of the Health and Safety Code is
23 amended to read:
24 11834.09. (a) Upon receipt of a completed written application
25 for initial licensure or extension of licensure, fire clearance,-and
26 lieensing applicable fee from the applicant
27 and other documentation required pursuant to Section 11834.03,
28 and subject to the department's review and determination that the
29 prespee`=-ensee applicant can comply with this chapter and
30 regulations adopted pursuant to this chapter, the department may
31 issu any of the following:
32 (I) A single license to the following types of alcoholism or drug
33 abuse recovery or treatment facilities:
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35 (A) A residential facility.
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37 (B) A facility wherein separate buildings or portions of a
38 residential facility are integral components of a single alcoholism
39 or drug abuse recovery or treatment facility and all of the
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components of the facility are managed by the same lieensee
provider.
(2) A single license to an adult recovery maintenance facility.
(3) A single certification to an outpatient program.
(b) The department shall commence the licensure of adult
recovery maintenance facilities only after developing and adopting
regulations for purposes of Section 11834.01. However, the
licensing activity shall not commence later than January 1, 2010.
(c) Failure to submit a completed written application for initial
licensure or extension of licensure, fire clearance, and payment of
the required licensing or certification fee in a timely manner shall
result in termination of the department's licensure or certification
review and shall require submission of a new application by the
prespeetive lieensee applicant.
(e)'
(d) Failure of the prespeetive lieensee applicant to demonstrate
the ability to comply with this chapter or the regulations adopted
pursuant to this chapter shall result in departmental denial of the
applicant's application for licensure or
certification.
SEC. 7. Section 11834.10 of the Health and Safety Code is
amended to read:
11834.10. A licensee shall not operate an alcoholism or drug
abuse recovery or treatment facility or an adult recovery
maintenance facility beyond the conditions and limitations
specified on the license.
SEC. 8. Section 11834.11 is added to the Health and Safety
Code, to read:
11834.11. On and after January 1, 2010, no state or local social
services, law enforcement, corrections agency, court, probation
officer, or parole officer shall refer any person to an alcoholism
or drug abuse recovery or treatment facility or an adult recovery
maintenance facility that is not licensed.
SEC. 9. Section 11834.15 of the Health and Safety Code is
amended to read:
11834.15. (a) (1) The department shall calculate and establish
the fee for initial licensure or certification of alcoholism or drug
abuse recovery or treatment facilities and for extension of the
period of licensure or certification. The nonrefundable licensing
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or certification fee shall be calculated every two years in m ameuat
suffliciew to cover the —e '
(2) The initial fee
department's cost ql
onsite visit, condi,
complaints.
licensure or certification shall equal the
Pcessing the application, performing the
g followup visits, and investigating
(3) The extension fee for licensure or certification shall equal
the department's cost of processing the extension application,
performing compliance visits, and investigating complaints.
(b) die —(1) The licensing and certification fees required
pursuant to this section may be imposed by the department as of
January 1, 2010, for all initial and extension applications.
(2) The department may assess civil penalties in accordance
with Sections 11834.31 and 11834.34.
(c) The department may charge a fee to cover the cost of a
followup visit to determine program compliance.
(d) (1) On or before July 1, 2009, the department shall adopt
emergency regulations, applicable only to adult recovery
maintenance facilities, to implement the fee process for initial
licensure, extension of licensure, initial certification, extension of
certification, followup compliance visit, and civil penalties.
(2) The initial fee for licensure or certification shall equal the
department's cost of processing the application, performing the
onsite visit, issuing initial licenses, conducting followup visits, and
investigating complaints.
(e) There is hereby established in the State Treasury a
Residential and Outpatient Programs Compliance Branch
Licensing and Certification Trust Fund All initial licensure fees,
extension of licensure fees, initial certification fees, extension of
certification fees, followup compliance visit fees, and civil penalty
fees collected from the providers of licensing and certification
services shall be deposited into this fund.
(n (1) Upon appropriation by the Legislature, the trust fund
shall be used exclusively to cover the administrative costs of the
licensing and certification process incurred by the department,
including staffsalaries and benefits, related travel costs, and state
operational and administrative costs.
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(2) A reserve equal to 10 percent of the total initial licensure
fees, extension of licensure fees, initial certification fees, extension
of certification fees, followup compliance visit fees, and civil
penalty fees collected during the precedingfrscal year may be held
in each trust account to reimburse the department if the actual
cost for the licensure, certification, inspection, and investigation
exceeds fees collected during a fiscal year.
(3) Except as otherwise provided in this section, iffunds remain
in the trust fund after appropriation by the Legislature and
allocation for the costs associated with the initial licensure and
extension of licensure of alcoholism or drug abuse recovery or
treatment facilities, the initial licensure or extension of licensure
of adult recovery maintenance facilities, the initial licensure and
extension of licensure of outpatient programs, and followup
compliance visits, a percentage of the excess funds, to be
determined by the department, shall be annually set aside for
automation, technical assistance, and training of providers.
SEC. 10. Section 11834.16 of the Health and Safety Code is
repealed.
11834.16. A lieetise shall be valid for a period of two years
hem the date of issuanee. The department may extend the fieensure
prior to the expirmion date or the lieense, shall reselt iii the
wAomatie expirafitn of the lieense at the end of the two yea
lieensing period.
SEC. 11. Section 11834.16 is added to the Health and Safety
Code, to read:
11834.16. In order to obtain a license or certification, the
provider shall submit to the department a complete written
application for extension and appropriate licensure or certification
fee for each subsequent two -year period 30 days prior to the
expiration date shown on the license or certification. Failure to
submit the required written application and extension fee prior to
the expiration date shown on the license or certification shall result
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in automatic termination of the license or certification by the
operation of law.
SEC. 12. Section 11834.17 of the Health and Safety Code is
amended to read:
11834.17. No city, county, city and county, or district shall
adopt or enforce any building ordinance or local rule orregulatiom
regulation relating to the subject of fire and life safety in
alcoholism and drug abuse recovery or treatment facilities -Whieh
or adult recovery maintenance facilities that is more restrictive
than those standards adopted by the State Fire Marshal.
SEC. 13. Section 11834.18 of the Health and Safety Code is
amended to read:
11834.18. (a) Nothing in this chapter shall authorize the
imposition of rent regulations or controls for licensed alcoholism
or drug abuse recovery or treatment facilities or adult recovery
maintenance facilities.
(b) Licensed alcoholism and drug abuse recovery or treatment
facilities and adult recovery maintenance facilities shall not be
subject to controls on rent imposed by any state or local agency
or other local government or entity.
SEC. 14. Section 11834.20 of the Health and Safety Code is
amended to read:
11834.20. The Legislature hereby declares that it is the policy
of this state that each county and city shall permit and encourage
the development of sufficient numbers and types of alcoholism or
drug abuse recovery or treatment facilities and adult recovery
maintenance facilities as are commensurate with local need,
exclusive of the needs of other jurisdictions.
The provisions of this article apply equally to any chartered city,
general law city, county, city and county, district, and any other
local public entity.
For the purposes of this article, "six or fewer persons" does not
include the licensee -or, members of the licensee's family-ff,
persons employed as facility staff, or minor dependents of the
resident.
SEC. 15. Section 11834.21 of the Health and Safety Code is
amended to read:
11834.21. Any person licensed under this chapter who operates
or proposes to operate an alcoholism or drug abuse recovery or
treatment facility or an adult recovery maintenance facility, the
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department or other public agency authorized to license such a
facility, or any public or private agency -+hieh that uses or may
use the services of the facility to place its clients, may invoke the
provisions of this article.
This section shall not be construed to prohibit any interested
party from bringing suit to invoke the provisions of this article.
SEC. 16. Section 11834.22 of the Health and Safety Code is
amended to read:
11834.22. An alcoholism or drug abuse recovery or treatment
facility-wkieh or an adult recovery maintenance facility that serves
six or fewer persons shall not be subject to any business taxes,
local registration fees, use permit fees, or other fees to which other
single - family dwellings are not likewise subject. Nothing in this
section shall be construed to forbid the imposition of local property
taxes, fees for water service and garbage collection, fees for
inspections not prohibited by Section 11834.23, local bond
assessments, and other fees, charges, and assessments to which
other single - family dwellings are likewise subject. Neither the
State Fire Marshal nor any local public entity shall charge any fee
for enforcing fire inspection regulations pursuant to state law or
regulation or local ordinance, with respect to alcoholism or drug
abuse recovery or treatment facilities -+kiek or adult recovery
maintenance facilities that serve six or fewer persons.
SEC. 17. Section 11834.23 of the Health and Safety Code is
amended to read:
11834.23. Whether or not unrelated persons are living together,
an alcoholism or drug abuse recovery or treatment facility -uhiek
or an adult recovery maintenance facility that serves six or fewer
persons shall be considered a residential use of property for the
purposes of this article, unless the facility is located within 300
feet of another facility that is owned or operated by the same
person or entity and provides services that are integral or shared
components of the services provided by the other facility. In
addition, the residents and operators of-welt-a the facility shall be
considered a family forthe purposes of any law or zoning ordinance
whieh that relates to the residential use of property pursuant to
this article.
For the purpose of all local ordinances, except an ordinance that
requires a business license for the rental of residential property,
an alcoholism or drug abuse recovery or treatment facility-whiek
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I or an adult recovery maintenance facility that serves six or fewer
2 persons shall not be included within the definition of a boarding
3 house, rooming house, institution or home for the care of minors,
4 the aged, or the mentally infirm, foster care home, guest home,
5 rest home, sanitarium, mental hygiene home, or other similar term
6 whieh that implies that the alcoholism or drug abuse recovery or
7 treatment home or the adult recovery maintenance facility is a
8 business run for profit or differs in any other way from a
9 single- family residence.
10 This section shall not be construed to forbid any city, county, or
I l other local public entity from placing restrictions on building
12 heights, setback, lot dimensions, or placement of signs of an
13 alcoholism or drug abuse recovery or treatment facility-whieh or
14 an adult recovery maintenance facility that serves six or fewer
15 persons as long as the restrictions are identical to those applied to
16 other single - family residences.
17 This section shall not be construed to forbid the application to
18 an alcoholism or drug abuse recovery or treatment facility or an
19 adult recovery maintenance facility of any local ordinance Whieh
20 that deals with health and safety, building standards, environmental
21 impact standards, or any other matter within the jurisdiction of a
22 local public entity. However, the ordinance shall not distinguish
23 alcoholism or drug abuse recovery or treatment facilitiesWbieh
24 or adult recovery maintenance facilities that serve six or fewer
25 persons from other single- family dwellings or distinguish residents
26 of alcoholism or drug abuse recovery or treatment facilities or
27 adult recovery maintenance facilities from persons who reside in
28 other single- family dwellings.
29 No conditional use permit, zoning variance, or other zoning
30 clearance shall be required of an alcoholism or drug abuse recovery
31 or treatment facility- -whieh or an adult recovery maintenance
32 facility that serves six or fewer persons that is not required of a
33 single - family residence in the same zone.
34 Use of a single- family dwelling for purposes of an alcoholism
35 or drug abuse recovery or treatment facility or an adult recovery
36 maintenance facility serving six or fewer persons shall not
37 constitute a change of occupancy for purposes of Part 1.5
38 (commencing with Section l 7910) of Division 13 or local building
39 codes. However, nothing in this section is intended to supersede
40 Section 13143 or 13143.6, to the extent those sections are
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applicable to alcoholism or drug abuse recovery or treatment
facilities or adult recovery maintenance facilities serving six or
fewer residents.
SEC. 18. Section 11834.24 of the Health and Safety Code is
amended to read:
11834.24. No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to an alcoholism
or drug abuse recovery or treatment facility or an adult recovery
maintenance facility because of a failure to comply with local
ordinances from which the facility is exempt under Section
11834.23, if the applicant otherwise qualifies for a fire clearance,
license, permit, or similar authorization.
SEC. 19. Section 11834.25 of the Health and Safety Code is
amended to read:
11834.25. (a) For the purposes of any contract, deed, or
covenant for the transfer of real property executed on or after
January 1, 1979, an alcoholism or drug abuse recovery or treatment
facility-whieh that serves sir or fewer persons shall be considered
a residential use of property and a use of property by a single
family, notwithstanding any disclaimers to the contrary.
(b) For the purposes of any contract, deed, or covenant for the
transfer of real property executed on or after the date that licensure
commences for adult recovery maintenance facilities, an adult
recovery maintenance facility that serves six or fewer persons shall
be considered a residential use of property and a use of property
by a single family, notwithstanding any disclaimers to the contrary.
SEC. 20. Section 11834.26 of the Health and Safety Code is
amended to read:
11834.26. (a) T+fe � An alcoholism or drug abuse
recovery or treatment facility shall provide at least one of the
following nonmedical services:
(1) Recovery services.
(2) Treatment services.
(3) Detoxification services.
(b) The department shall adopt regulations requiring records
and procedures that are appropriate for each of the services
specified in subdivision (a). The records and procedures may
include all of the following:
(1) Admission criteria.
(2) Intake process.
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(3)
Assessments.
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(4)
Recovery, treatment, or detoxification planning.
3
(5)
Referral.
4
(6)
Documentation of provision of recovery, treatment or
5
detoxification services.
6
(7)
Discharge and continuing care planning.
7
(8)
Indicators of recovery, treatment, or detoxification
8
outcomes.
9 (c) In the development of regulations implementing this section,
10 the written record requirements shall be modified or adapted for
11 social model programs.
12 (d) An adult recovery maintenance facility shall provide, but
13 not be limited to providing, any of the following recovery
14 maintenance services:
15 (1) Aftercare.
16 (2) Referral to community resources.
17 (3) Referral to offsite certified alcoholism or other drug recovery
18 or treatment services when required.
19 (4) Documentation on progress made or services received from
20 referral agencies.
21 (5) Participation in self -help groups on or off premises.
22 (e) The adult recovery maintenance facility may require or
23 provide drug and alcohol testing and self -help groups on or off
24 the premises.
25 ()9 The adult recovery maintenance facility shall maintain
26 records in on-ler to document the services provided.
27 (g) The licensee shall require all residents to be alcohol and
28 drug free and provide testing to demonstrate compliance.
29 SEC. 21. Section 11834.30 of the Health and Safety Code is
30 amended to read:
31 11834.30. (a) No person, firm, partnership, association,
32 corporation, or local governmental entity shall operate, establish,
33 manage, conduct, or maintain an alcoholism or drug abuse recovery
34 or treatment facility or an adult recovery maintenance facility to
35 provide recovery, treatment, – er detoxification, or recovery
36 maintenance services within this state without first obtaining a
37 current valid license issued pursuant to this chapter.
38 (b) No person, firm, partnership, association, corporation, or
39 local governmental entity shall operate, establish, manage,
40 conduct, or maintain an adult recovery maintenance facility to
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provide recovery maintenance services within this state without
first obtaining a current valid license issued pursuant to this
chapter.
(c) Any facility that is operated primarily for the purpose of
providing alcoholism or drug abuse recovery or treatment services
or requires clients to obtain these services and requires supervision
shall be licensed.
(d) Any provider of both an alcoholism and drug abuse recovery
or treatment services facility and an adult recovery maintenance
facility shall hold a separate license for each facility.
SEC. 22. Section 11834.31 of the Health and Safety Code is
amended to read:
11834.31. If a facility is alleged to be in violation of Section
11834.30, the department shall conduct a site visit to investigate
the allegation. If the department's employee or agent finds evidence
that the facility is providing alcoholism or drug abuse recovery,
treatment,-ff detoxification, or recovery maintenance services
without a license, the employee or agent shall take the following
actions:
(a) Submit the findings of the investigation to the department.
(b) Upon departmental authorization, issue a written notice to
the facility stating that the facility is operating in violation of
Section 11834.30. The notice shall include all of the following:
(1) The date by which the facility shall cease providing services.
(2) Notice that the department will assess against the facility a
civil penalty of two hundred dollars ($200) per day for every day
the facility continues to provide services beyond the date specified
in the notice.
(3) Notice that the case will be referred for civil proceedings
pursuant to Section 11834.32 in the event the facility continues to
provide services beyond the date specified in the notice.
(c) Inform the facility of the licensing requirements of this
chapter.
SEC. 23. Section 11834.32 of the Health and Safety Code is
amended to read:
11834.32. (a) The director may bring an action to enjoin the
violation of Section 11834.30 in the superior court in and for the
county in which the violation occurred. Any proceeding under this
section shall conform to the requirements of Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code
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1 of Civil Procedure, except that the director shall not be required
2 to allege facts necessary to show or tending to show lack of
3 adequate remedy at law or irreparable damage or loss.
4 (b) With respect to any and all actions brought pursuant to this
5 section alleging actual violation of Section 11834.30, the court
6 shall, if it finds the allegations to be true, issue its order enjoining
7 the alcoholism or drug abuse recovery or treatment facility or the
8 adult recovery maintenance facility from continuance of the
9 violation.
10 SEC. 24. Section 11834.36 of the Health and Safety Code is
11 amended to read:
12 11834.36. (a) The director may suspend or revoke any license
13 or certification issued under this chapter, or deny an application
14 for licensure or certification, for extension of the licensing or
15 certification period, or to modify the terms and conditions of a
16 license or certification, upon any of the following grounds and in
17 the manner provided in this chapter:
18 (1) Violation by the licensee or certified provider of any
19 provision of this chapter or regulations adopted pursuant to this
20 chapter.
21 (2) Repeated violation by the licensee or certified provider of
22 any of the provisions of this chapter or regulations adopted pursuant
23 to this chapter.
24 (3) Aiding, abetting, or permitting the violation of, or any
25 repeated violation of, any of the provisions described in paragraph
26 (1) or (2).
27 (4) Conduct in the operation of an alcoholism or drug abuse
28 recovery or treatment facility or an adult recovery maintenance
29 facility that is inimical to the health, morals, welfare, or safety of
30 either an individual in, or receiving services from, the facility or
31 to the people of the State of California.
32 (5) Misrepresentation of any material fact in obtaining the
33 alcoholism or drug abuse recovery or treatment facility license or
34 the adult recovery maintenance facility license, or
35 misrepresentation of any material fact in obtaining certification.
36 (6) Failure to pay any civil penalties assessed by the department.
37 (b) The director may temporarily suspend any license prior to
38 any hearing when, in the opinion of the director, the action is
39 necessary to protect residents of the alcoholism or drug abuse
40 recovery or treatment facility or the adult recovery maintenance
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facility from physical or mental abuse, abandonment, or any other
substantial threat to health or safety. The director shall notify the
licensee of the temporary suspension and the effective date of the
temporary suspension and at the same time shall serve the provider
with an accusation. Upon receipt of a notice of defense to the
accusations from the licensee, the director shall, within 15 days,
set the matter for hearing, and the hearing shall be held as soon as
possible. The temporary suspension shall remain in effect until the
time the hearing is completed and the director has made a final
determination on the merits. However, the temporary suspension
shall be deemed vacated if the director fails to make a final
determination on the merits within 30 days after the department
receives the proposed decision from the Office of Administrative
Hearings.
SEC. 25. Section 11834.50 of the Health and Safety Code is
amended to read:
11834.50. The department shall adopt regulations to implement
this chapter in accordance with the purposes required by Section
11835. These regulations shall be adopted only after consultation
with appropriate groups affected by the proposed regulations. The
regulations shall include, but not be limited to, all of the following:
(a) Provision for a formal appeal process for the denial,
suspension, or revocation of a license or certification.
(b) Establishment of requirements for compliance, procedures
for issuance of deficiency notices and civil penalties for
noncompliance.
(c) Provision for the issuance of a waiver for an alcoholism or
drug abuse recovery or treatment facility to serve not more than
three adolescents, or 10 percent of the total licensed capacity,
whichever is less, age 14 years and older, when a need exists and
services specific to adolescents are otherwise unavailable. The
regulations shall specify the procedures and criteria for granting
the waiver. The procedures shall include, but not be limited to,
criminal record reviews and fingerprinting.
(d) Establishment of the elements and minimum requirements
for recovery, treatment, and detoxification, and recovery
maintenance services.
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1 (e) Provision for an expedited process for reviewing an
2 application for licensure when a license is terminated pursuant to
3 subdivision (c) of Section 11834.40.
[a]
as.
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