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AB-920 Substance use disorder services: advisory workgroup.(2019-2020)

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Date Published: 06/25/2019 09:00 PM
AB920:v97#DOCUMENT

Amended  IN  Senate  June 25, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 920


Introduced by Assembly Member Petrie-Norris
(Coauthors: Senators Bates and Stern)

February 20, 2019


An act to amend Section 11834.23 of add Section 11757 to the Health and Safety Code, relating to drug and alcohol programs.


LEGISLATIVE COUNSEL'S DIGEST


AB 920, as amended, Petrie-Norris. Alcoholism and drug abuse recovery and treatment programs. Substance use disorder services: advisory workgroup.
Existing law charges the State Department of Health Care Services with administering prevention, treatment, and recovery services for alcohol and drug abuse. Existing law authorizes the department to conduct various activities to alleviate problems related to alcohol and other drug use, including providing funds to counties for the implementation of local programs, reviewing and certifying alcohol and other drug programs, and licensing and regulating adult alcoholism or drug abuse recovery or treatment facilities.
This bill would require the department to convene a technical advisory workgroup comprised of relevant stakeholders to review and prepare recommendations regarding potential changes to current laws and regulations relevant to substance use disorder services. The bill would require the department to report its progress and the workgroup’s recommendations to the Legislature by June 1, 2020.

Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law requires an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be considered a residential use of property and requires that the residents and operators of the facility be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property.

This bill would exempt from those provisions an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons that is engaged in an economic relationship with a treatment provider that owns or operates 2 or more of this type of facility.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known and may be cited as “Jarrod’s Law.

SEC. 2.

 Section 11757 is added to the Health and Safety Code, to read:

11757.
 (a) The department shall convene a technical advisory workgroup comprised of relevant stakeholders, including, but not limited to, experts in addiction treatment, consumer and patient protection advocates, and counties, to review and prepare recommendations regarding potential changes to current laws and regulations relevant to substance use disorder services.
(b) On or before June 1, 2020, the department shall report its progress and the recommendations of the workgroup described in subdivision (a) to the Legislature and the chairs of the health committees of the Senate and Assembly.
(c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.Section 11834.23 of the Health and Safety Code is amended to read:
11834.23.

(a)Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this article.

(b)For the purpose of all local ordinances, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the alcoholism or drug abuse recovery or treatment home is a business run for profit or differs in any other way from a single-family residence.

(c)This section does not forbid a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons as long as the restrictions are identical to those applied to other single-family residences.

(d)This section does not forbid the application to an alcoholism or drug abuse recovery or treatment facility of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity. However, the ordinance shall not distinguish alcoholism or drug abuse recovery or treatment facilities that serve six or fewer persons from other single-family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities from persons who reside in other single-family dwellings.

(e)A conditional use permit, zoning variance, or other zoning clearance shall not be required of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons that is not required of a single-family residence in the same zone.

(f)Use of a single-family dwelling for purposes of an alcoholism or drug abuse recovery facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.6, to the extent those sections are applicable to alcoholism or drug abuse recovery or treatment facilities serving six or fewer residents.

(g)This section does not apply to an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons that is engaged in an economic relationship with a treatment provider that owns or operates two or more of this type of facility.