SB 786

Bill Subjects

Abstract

(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. Existing law makes a violation of these provisions punishable by a civil penalty of not less than $25 or more than $50 per day for each violation, with additional penalties for repeat violations, as specified. This bill would require, for any licensing application submitted on or after January 1, 2019, 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 prohibit the expansion or intensification of legal nonconforming facilities, 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 post on its Internet Web site the address of the proposed new facility, as specified, and would require the license applicant to notify in writing the city or unincorporated area's planning department in the jurisdiction where the proposed facility would be located of the license application and provide the applicable planning department a copy of the license application. By requiring a county licencing agency to post 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. This bill would additionally make initial licenses to providers provisional, and revokable for good cause, as defined. The bill would require all programs and medical services offered or provided by a licensed alcoholism or drug abuse recovery or treatment facility to be specified in the license application and provided exclusively within the licensed facility on the licensed property and for the benefit of the residential patients or program participants. The bill would increase the penalties for a violation of the licensing and regulatory provisions to not less than $1,000 or more than $15,000 per day for each violation, and increase the additional penalties for repeat violations, as specified. (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.