AB 2403

Bill Subjects

Abstract

Existing law provides for the licensure, certification, and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, administered by the State Department of Health Care Services. Existing law authorizes the department, if certain criteria are met, to issue a single license to a residential facility or a facility wherein separate buildings or portions of a residential facility are integral components of a single alcoholism or drug abuse recovery or treatment facility and all of the components of the facility are managed by the same licensee. This bill would instead require the department, if certain criteria are met, to issue a single license to a residential facility or integral facilities and would define "integral facilities" to mean any combination of 2 or more facilities located on the same or different parcels that collectively serve 7 or more persons, as specified, and that are under the control or management of the same entity, as specified, or which together comprise one operation or enterprise. This bill would authorize the department to deny an application for a new facility license if the proposed location is in proximity to an existing facility that would result in overconcentration. The bill would define "overconcentration" as 2 or more alcoholism or drug abuse recovery or treatment facilities being separated by a distance of 300 feet or less, as specified, with the exception of facilities that combine to form integral facilities. The bill would further authorize the department to approve a separation distance of less than 300 feet if the proximity of facilities to one another would not conflict with regulations of the city or county in which the proposed facility will be located. The bill would authorize a city or county to request denial of the license applied for on the basis of an overconcentration of facilities. The bill would require the department or county licensing agency, at least 45 days prior to approving an application for a new facility, to notify the appropriate city or county planning agency, as specified, of the proposed location of the facility. By imposing new duties on local officials, the bill would create a state-mandated local program. 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 these statutory provisions.