Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

SB-786 Alcoholism or drug abuse recovery or treatment facilities: overconcentration.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/17/2017 09:00 PM
SB786:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 786


Introduced by Senator Mendoza
(Coauthor: Senator Allen)

February 17, 2017


An act to add Section 11834.11 to the Health and Safety Code, relating to alcoholism or drug abuse.


LEGISLATIVE COUNSEL'S DIGEST


SB 786, as introduced, Mendoza. Alcoholism or drug abuse recovery or treatment facilities: overconcentration.
(1) Existing law provides for the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults by the State Department of Health Care Services, as prescribed.
This bill would require, for any licensing application submitted on or after January 1, 2018, the department to deny an application for a new facility license, if the proposed location is in proximity to an existing facility in an area zoned residential that would result in overconcentration, as defined. The bill would require the department or a county licensing agency, at least 45 days prior to approving any application for any new facility, to notify in writing the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility. By requiring a county licencing agency to notify in this manner, this bill would impose a state-mandated local program. The bill would authorize a city or county to request denial of the license applied for on the basis of an overconcentration of facilities.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 11834.11 is added to the Health and Safety Code, to read:

11834.11.
 (a) For any licensing application submitted on or after January 1, 2018, the department shall deny an application for a new facility license, if the proposed location is in proximity to an existing facility in an area zoned residential that would result in overconcentration.
(b) As used in this section, “overconcentration” means that if a new license is issued, two or more alcoholism or drug abuse recovery or treatment facilities will be separated by a distance of 300 feet or less, as measured from the nearest property line on which an existing facility is located to the nearest property line of the proposed facility in an area zoned residential.
(c) At least 45 days prior to approving any application for a new facility, the department or county licensing agency shall notify in writing the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility.
(d) Any city or county may request denial of the license applied for on the basis of an overconcentration of facilities.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.