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SB-1334 Substance use disorder treatment: licensing.(2023-2024)

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Date Published: 02/16/2024 09:00 PM
SB1334:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1334

Introduced by Senator Newman

February 16, 2024

An act to amend Sections 11834.02 and 11834.23 of, and to add Section 11834.027 to, the Health and Safety Code, relating to substance use disorder treatment.


LEGISLATIVE COUNSEL'S DIGEST


SB 1334, as introduced, Newman. Substance use disorder treatment: licensing.
Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law requires a licensed facility to disclose specified information to the department, including ownership or control of, or financial interest in, a recovery residence, defined as a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, and requires the department to conduct a site visit of a disclosed recovery residence if it is alleged to be providing recovery, treatment, or detoxification services.
This bill would define a recovery residence, for purposes of licensing alcoholism or drug abuse recovery or treatment facilities, as a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder, does not require licensure by the department, and does not provide licensable services, and would clarify that an unlicensed recovery residence may provide services to its residents, including, but not limited to, dining, housekeeping, security, transportation, and recreation. The bill would exempt recovery residences from being required to be licensed as an alcoholism or drug abuse recovery or treatment facility if the facility does not offer recovery services, as defined, and would allow residents of a recovery residence to actively participate in recovery services outside of the home. The bill would require a recovery residence to be operated as a separate business from a licensed facility and require the recovery residence to maintain separate agreements with each resident for the housing and services it provides.
Existing law declares that it is the policy of the 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 as are commensurate with local need. 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 for the purposes of local regulation, regardless of whether or not unrelated persons are living together.
This bill would additionally consider recovery residences that serve 6 or fewer people to be considered a residential use of property for the purposes of local regulation. The bill would authorize local jurisdictions to require a use permit or conditional use permit for an alcoholism or drug abuse recovery or treatment facility or a recovery residence that serves 7 or more residents, and allow local jurisdictions to require those facilities to be at least 1,000 feet from another state-licensed alcoholism or drug abuse recovery or treatment facility or recovery residence as part of the use permit.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 11834.02 of the Health and Safety Code is amended to read:

11834.02.
 (a) As used in this chapter, “alcoholism or drug abuse recovery or treatment facility” or “facility” means any premises, place, or building that provides residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services.
(b) As used in this chapter, “adults” may include, but is not limited to, all of the following:
(1) Mothers over 18 years of age and their children.
(2) Emancipated minors, which may include, but is not limited to, mothers under 18 years of age and their children.
(c) As used in this chapter, “emancipated minors” means persons under 18 years of age who have acquired emancipation status pursuant to Section 7002 of the Family Code.
(d) Notwithstanding 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.
(e) As used in this chapter, “recovery residence” means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department and does not provide licensable services pursuant to this chapter. A recovery residence may include, but is not limited to, residential dwellings commonly referred to as “sober living homes,” “sober living environments,” or “unlicensed alcohol- and drug-free residences.”
(f) As used in this chapter, “recovery service” means a service that is designed to promote treatment and maintain recovery from alcohol or drug problems, including detoxification, group sessions, individual sessions, educational sessions, and alcoholism or drug abuse recovery or treatment planning.

SEC. 2.

 Section 11834.027 is added to the Health and Safety Code, to read:

11834.027.
 (a) A recovery residence shall not be required to be licensed as a alcoholism or drug abuse recovery or treatment facility pursuant to this chapter if the facility does not offer recovery services.
(b) A recovery residence may provide services to its residents that are not recovery services, including, but not limited to, dining, housekeeping, security, transportation, and recreation.
(c) Residents of a recovery residence may actively participate in recovery services outside of the home.
(d) A recovery residence shall be operated as a separate business from a licensed facility, and shall maintain separate agreements with each resident for the housing and services it provides.

SEC. 3.

 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 or recovery residence 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 or recovery residence that serves six or fewer persons 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 shall not be construed to 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 or recovery residence that serves six or fewer persons as long as the restrictions are identical to those applied to other single-family residences.
(d) This section shall not be construed to forbid the application to an alcoholism or drug abuse recovery or treatment facility or recovery residence 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) No conditional use permit, zoning variance, or other zoning clearance shall 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) Local jurisdictions may require a use permit or conditional use permit for alcoholism or drug abuse recovery or treatment facilities or recovery residences that serve seven or more residents. As part of the conditional use permit or use permit, local jurisdictions may require that state-licensed alcoholism or drug abuse recovery or treatment facilities and recovery residences be at least 1,000 feet from another state-licensed alcoholism or drug abuse recovery or treatment facility or recovery residence.

(f)

(g) 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.