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SB-1000 Substance abuse: adult recovery maintenance facilities.(2007-2008)

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Amended  IN  Senate  January 07, 2008
Amended  IN  Senate  April 18, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 1000

Introduced  by  Senator Harman

February 23, 2007

An act to amend Sections 11831.5, 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, 11834.29, 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. An act to amend Section 11834.03 of the Health and Safety Code, relating to substance abuse.


LEGISLATIVE COUNSEL'S DIGEST


SB 1000, as amended, 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 or licensure of nonprofit organizations or local governmental entities under these provisions.

This bill would, among other things, permit the department to authorize local code enforcement officials to conduct the site visits. It would also require that the department administer the licensure, certification, and regulation of adult recovery maintenance facilities, as defined. This bill would delete the prohibition against levying fees for certification or licensure of nonprofit organizations or local governmental entities.

This bill would provide that a sober living home, as defined, is exempt from licensure if it demonstrates specified characteristics.

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 or similar permit if the facility cares for at least 7 persons.

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.
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 term 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 or for a home office that is ancillary to residential use.

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.

This bill would require any person or entity applying for licensure to certify that the facility complies with local zoning ordinances. It would also require the department to verify this certification.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 facility complies with local zoning ordinances. The department shall verify this certification before approving the application.
(b) A fire clearance approved by the State Fire Marshal or local fire enforcement officer.
(c) A licensure fee, established in accordance with Chapter 7.3 (commencing with Section 11833.01).