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AB-1098 Substance use disorders: youth programs.(2019-2020)



Current Version: 07/01/19 - Amended Senate         Compare Versions information image


AB1098:v94#DOCUMENT

Amended  IN  Senate  July 01, 2019
Amended  IN  Senate  June 14, 2019
Amended  IN  Assembly  April 29, 2019
Amended  IN  Assembly  April 12, 2019
Amended  IN  Assembly  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1098


Introduced by Assembly Members O’Donnell and Wood

February 21, 2019


An act to add Division 10.4 (commencing with Section 11740) to the Health and Safety Code, relating to substance use disorders, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1098, as amended, O’Donnell. Substance use disorders: youth programs.
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative statute approved by the voters at the November 8, 2016, statewide general election, as Proposition 64, requires, among other things, the Controller, by July 15 of each fiscal year beginning in the 2018–19 fiscal year, to disburse 60% of the funds deposited in the California Cannabis Tax Fund during the prior fiscal year into the Youth Education, Prevention, Early Intervention and Treatment Account, to be disbursed to the State Department of Health Care Services for programs for youth that are designed to educate about and to prevent substance use disorders and to prevent harm from substance use.
AUMA requires the programs to emphasize accurate education, effective prevention, early intervention, school retention, and timely treatment services for youth, their families, and their caregivers. AUMA requires the allocation of these funds to counties based on demonstrated need. AUMA requires the department to enter into interagency agreements with the State Department of Public Health and the State Department of Education to implement and administer these programs, and requires the departments to periodically evaluate the programs that they are funding to determine the effectiveness of the programs.
AUMA prohibits the Legislature, prior to July 1, 2028, from changing the allocations to the above-described programs. AUMA authorizes amendment of its provisions with a 2/3 vote of the Legislature to further the purposes and intent of AUMA.
This bill would set forth procedures for the implementation and administration of programs funded by the above-described account, including the identification of targeted outcomes, the establishment of a technical advisory committee, solicitation of input from relevant stakeholders, statewide assessments, required information to be provided by applicants for program funding, and progress reports to the Legislature.
The bill would state the Legislature’s intent that not less than 5% of funds be used to test innovative practices through pilot programs. The bill would set forth limitations on expenditures of funds at the state level allocated to the 3 departments and would require the development of a statewide workforce plan, as specified. The bill would require the interagency agreements established by the 3 departments to be regularly reevaluated and modified, as necessary, to ensure effective program administration.
This bill would declare that its provisions further the purposes and intent of AUMA. The bill would require that its provisions be implemented only to the extent consistent with specified provisions under AUMA, including provisions concerning expenditures from the above-described account.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Division 10.4 (commencing with Section 11740) is added to the Health and Safety Code, to read:

DIVISION 10.4. Substance Use Disorder Prevention and Treatment Programs for Youth

11740.
 The Legislature finds and declares that defining a framework for legislative and public oversight and accountability for the use of funds from the Youth Education, Prevention, Early Intervention and Treatment Account, created pursuant to Section 34019 of the Revenue and Taxation Code, furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act, also known as Proposition 64 from 2016.

11740.1.
 This division shall be implemented only to the extent consistent with Section 34019 of the Revenue and Taxation Code.

11741.
 For purposes of this division, the following definitions apply:
(a) Unless otherwise specified, “account” means the Youth Education, Prevention, Early Intervention and Treatment Account, created within the California Cannabis Tax Fund pursuant to Section 34019 of the Revenue and Taxation Code.
(b) “Evidence-based program” means a program that has demonstrated positive effects for the intended outcome based on a rigorous evaluation.
(c) “Evidence-informed program” means a program likely to demonstrate positive effects for the intended outcome, based on evidence and pursuant to a plausible theory of action, and for which rigorous analyses are lacking due to excessive difficulty or impracticability.
(d) “SUD” means substance use disorder.
(e) “TAC” means technical advisory committee.
(f) “Theory of action” means a theory that describes how and why an intervention is likely to influence an outcome.
(g) In a manner consistent with subdivision (f) of Section 34019 of the Revenue and Taxation Code, “youth” means an individual under 26 years of age.

11742.
 (a) It is the intent of the Legislature that funds in the account be awarded, in a manner consistent with the requirements set forth in subdivision (f) of Section 34019 of the Revenue and Taxation Code, for programs targeted to achieve the outcomes described in subdivision (b), that are demonstrated to be effective, and that meet either of the following criteria:
(1) Is an evidence-based program.
(2) Is an evidence-informed program.
(b) Pursuant to the program purposes and allocation restrictions described in subdivisions (f) and (h), respectively, of Section 34019 of the Revenue and Taxation Code, programmatic expenditures from the account shall be focused on reaching communities in greatest need and on achieving a measurable reduction in disparities related to substance use disorders (SUDs). Expenditures shall target at least one of the following outcomes:
(1) A measurable reduction in SUD prevalence among youth statewide.
(2) A measurable reduction in mortality and morbidity associated with substance use among youth statewide.
(3) Improvement in measurable school outcomes, including academic performance, graduation rate, chronic absenteeism, suspension rate, and college and career readiness.

11743.
 (a) (1) The State Department of Health Care Services, in collaboration with the State Department of Education and the State Department of Public Health, shall convene and consult with a technical advisory committee (TAC) to assist the three departments with designing a robust framework for data collection and program evaluation, identifying service needs and gaps, establishing standards for evaluating grant proposals, and facilitating departmental reporting.
(2) The TAC shall be advisory and technical in nature, and shall not have authority to set or recommend goals or provide overall policy direction.
(b) (1) The TAC shall be comprised of individuals with expertise in community-based and public programs related to education, school retention, SUD prevention, early intervention, or treatment of SUDs among youth. The three departments shall ensure that the TAC includes a balanced and equitable representation of members.
(2) A TAC member shall have expertise in at least one of the following:
(A) Data collection or analysis.
(B) Design and evaluation of public programs.
(C) Evaluation of grant proposals.
(3) TAC members shall serve without compensation. The State Department of Health Care Services may, upon appropriation, fund travel expenses incurred by TAC members as a result of participation in the TAC.

11744.
 (a) No later than July 1, 2020, the State Department of Health Care Services, in collaboration with the State Department of Education and the State Department of Public Health, shall conduct a comprehensive, statewide needs assessment of the need for youth education, prevention, early intervention, and treatment related to youth SUDs, to provide baseline measurements for the outcomes described in Section 11742, and, with input from the TAC, shall identify measurable goals and funding priorities for each outcome within a specified timeframe.
(b) No later than July 1, 2020, the State Department of Health Care Services, in collaboration with the State Department of Education and the State Department of Public Health, shall conduct a statewide assessment of the current workforce capacity to address youth education, prevention, early intervention, and treatment of SUDs, and to identify gaps in both the school-based and the the school-based, county-based, and community-based workforce.
(c) In accordance with subparagraph (L) of paragraph (1) of subdivision (f) of Section 34019 of the Revenue and Taxation Code, no later than January 1, 2021, and at least annually thereafter, the State Department of Health Care Services shall provide to the Legislature, in compliance with Section 9795 of the Government Code, and shall make publicly available on the department’s internet website, a report detailing all of the following:
(1) Data measuring outcomes, as described in Section 11742, and year-over-year trend data that demonstrate the progress that has been attained in meeting target levels for each outcome.
(2) Budget information, including all of the following for the current, prior, and subsequent fiscal years:
(A) Funding allocated to address each outcome.
(B) Allocated funding, disaggregated by county or other geographic region and the basis for that allocation.
(C) Breakdown of funded entities by sector.

11744.1.
 (a) Consistent with subparagraph (O) of paragraph (1) of subdivision (f) of Section 34019 of the Revenue and Taxation Code, the State Department of Health Care Services, the State Department of Education, and the State Department of Public Health shall solicit input from relevant stakeholders in the development of the comprehensive statewide needs assessment described in subdivision (a) of Section 11744 and in the administration of grants made.
(b) Stakeholders shall include representatives described in subparagraph (O) of paragraph (1) of subdivision (f) of Section 34019 of the Revenue and Taxation Code, and representatives of community-based community-based, county-based, and statewide organizations involved in youth development, health equity, and capacity building, to ensure that programs selected for funding are culturally and gender competent, trauma informed, and evidence based.

11745.
 (a) The departments allocating funds from the account shall require applicants for funding to provide, at a minimum, all of the following:
(1) Information indicating which outcome is targeted by the program to be funded and the program’s expected impact on this outcome.
(2) Expected populations served.
(3) Plans for collaboration among local agencies, including local educational agencies and public and community-based organizations.
(4) Evidence upon which the program is based to address one or more outcomes of interest.
(b) The departments shall provide a summary of the information described in subdivision (a) for each funded program to the Legislature, upon request by the Legislature, in compliance with Section 9795 of the Government Code.
(c) It is the intent of the Legislature that funds in the account allocated on or before January 1, 2021, be provided for a grant period not to exceed three years.

11746.
 It is the intent of the Legislature that funds in the account allocated to youth education, prevention, early intervention, and SUD treatment will supplement, and not supplant, existing funding allocated to those efforts. In a manner consistent with subdivision (g) of Section 34019 of the Revenue and Taxation Code, funds in the account may be used to facilitate access to, or to improve the quality of, existing programs, services, or benefits funded through existing funding streams.

11747.
 (a) It is the intent of the Legislature that a portion of funds in the account, not less than 5 percent, in a manner consistent with subdivision (f) of Section 34019 of the Revenue and Taxation Code, be used to test innovative practices for youth education, prevention, early intervention, and SUD treatment, including collaborative efforts at the local level, through pilot programs.
(b) Pilot programs funded pursuant to subdivision (a) shall include a plan to conduct a robust evaluation, including a plan to collect and analyze data sufficient to measure the effectiveness of the program in addressing one or more outcomes described in Section 11742.
(c) Priority for pilot program funding shall be given to proposals that are likely to demonstrate positive effects for the intended outcome, based on evidence and pursuant to a plausible theory of action, but which currently lack an evidence base, as well as those that include collaboration among local agencies.

11748.
 (a) Pursuant to paragraph (1) of subdivision (f) of Section 34019 of the Revenue and Taxation Code, the State Department of Health Care Services shall, no later than July 1, 2020, enter into interagency agreements with the State Department of Education and the State Department of Public Health to implement and administer programs described in that paragraph in the areas of jurisdiction of each department.
(b) The interagency agreements shall reflect the need to ensure that funds in the account are utilized to meet the full scope of the purposes of the account, including both school-based education and prevention efforts as well as community-based early intervention and treatment initiatives.
(c) The interagency agreements shall be regularly reevaluated and modified, as necessary, to ensure effective program administration.

11749.
 (a) Expenditures of funds in the account at the state level, allocated to the State Department of Health Care Services, the State Department of Education, and the State Department of Public Health pursuant to subparagraph (M) of paragraph (1) of subdivision (f) of Section 34019 of the Revenue and Taxation Code, upon appropriation, shall be limited to the following:

(1)Program administration by the State Department of Health Care Services, the State Department of Education, and the State Department of Public Health, including implementation, evaluation, and oversight, subject to the maximum limit described in subparagraph (M) of paragraph (1) of subdivision (f) of Section 34019 of the Revenue and Taxation Code.

(1) Program administration by the three departments, including implementation, evaluation, and oversight.
(2) Statewide workforce planning and programs to enhance the number and training of providers of SUD treatment for youth.
(3) Provision of technical assistance and professional development resources to support local agency efforts and collaborations.
(4) Public awareness campaigns.
(b) On or before January 1, 2021, the State Department of Health Care Services, in collaboration with the State Department of Education and the State Department of Public Health, shall develop a statewide workforce plan, based on the assessment described in subdivision (b) of Section 11744, to address shortages in school-based school-based, county-based, and community-based providers in meeting the need for youth education, prevention, early intervention, and treatment of SUDs.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to address the growing need to educate about and to prevent the crisis of substance use disorders, and to prevent harm from substance use, among youth as soon as possible, by ensuring sufficient time for the State Department of Health Care Services, the State Department of Education, and the State Department of Public Health to enter into the interagency agreements required pursuant to paragraph (1) of subdivision (f) of Section 34019 of the Revenue and Taxation Code and to appropriately and systematically implement youth programs targeting substance use disorders, it is necessary that this act take effect immediately.