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HomeMy WebLinkAbout2018-06-12 - AGENDA REPORTS - SB 1317 (2)7 Agenda Item: 7 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: June 12, 2018 SUBJECT: STATE LEGISLATION: SENATE BILL 1317 DEPARTMENT: City Manager's Office PRESENTER: Masis Hagobian RECOMMENDED ACTION Senate Bill 1317 and transmit position statements to Senator Anthony Portantino delegation, appropriate legislative committees, Governor Brown, and the League of California Cities. BACKGROUND Authored by Senator Anthony Portantino (D-25- La Cañada Flintridge), Senate Bill 1317 requires the Department of Health Care Services (DHCS) to develop guidelines by January 1, 2020, on reporting unlicensed residential alcoholism or drug abuse treatment facilities to the State Legislature. This bill requires the guidelines to address, at a minimum, the following: 1. Methods for determining whether complaints received by DHCS are substantiated or unsubstantiated, and methods for addressing the complaints; and 2. Methods for determining statewide capacity of licensed residential alcoholism or drug abuse treatment facilities and making recommendations on the manner in which to address the impact on surrounding communities; and 3. Methods for identifying and mitigating barriers to siting residential alcoholism or drug abuse treatment facilities in communities. According to the author of this bill, several communities have struggled with an appropriate manner in which to deal with the increased number of suburban residential alcoholism or drug abuse treatment facilities. In an effort to ensure complaints regarding treatment facilities are resolved by DHCS appropriately, this bill would require DHCS to submit a statewide report, using the guidelines established in this bill, to the State Legislature by January 1, 2021. The Page 1 Packet Pg. 125 7 report would also look into the effect of licensed residential alcoholism or drug abuse treatment facilities on surrounding communities. The City of Santa Clarita 2018 Legislative Platform includes components related to state requirements on alcohol and drug recovery facilities. Specifically, component 21 under the requiring transparency in the state licensing requirements for alcohol and drug residential rehabilitation or recovery facilities on par with public noticing requirements for group home Senate Bill 1317 was introduced on February 16, 2018, and passed the Senate Committee on Health (8-0-1) on April 25, 2018, and was placed on the Suspense File by the Senate Committee on Appropriations (7-0-0) on May 22, 2018. The City Council Legislative Committee met on May 25, 2018, and recommends that the City ALTERNATIVE ACTION 3. Take no action on Senate Bill 1317 4. Refer Senate Bill 1317 back to the Legislative Committee 5. Other action, as determined by the City Council FISCAL IMPACT The resources required to implement the recommended action are contained within the City of Santa Clarita's adopted FY 2017-18 budget. ATTACHMENTS Senate Bill 1317 - Bill Text Page 2 Packet Pg. 126 7.a AMENDED IN SENATEAPRIL 16, 2018 AMENDED IN SENATEAPRIL 10, 2018 AMENDED IN SENATEAPRIL 2, 2018 SENATE BILL No. 1317 Introduced by Senator Portantino (Principal coauthor: Senator Bates) February 16, 2018 An act to add Chapter 5 (commencing with Section 11759.70) to Part 1 of Division 10.5 of Section 11834.315 to the Health and Safety Code, relating to substance abuse. legislative counsels digest SB 1317, as amended, Portantino.Substance abuse: structured sober living homes. residential treatment facilities. 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 regulations authorize a person to request the department to inspect a facility. Existing law requires the department to investigate complaints, such as an allegation that a facility is operating without a license. This bill would authorize a city, county, or city and county to enact an ordinance to register structured sober living homes, consistent with speciŒed state and federal law, and with speciŒed exclusions.The bill would deŒne a structured sober living home as any premises, place, or building that provides groups of unrelated adults recovering from drug or alcohol addiction with alcohol-free and drug-free housing, promotes independent living and life skill development, and provides structured activities that are directed primarily toward recovery from substance Attachment: Senate Bill 1317 - Bill Text (State Legislation: Senate Bill 1317) 96 Packet Pg. 127 7.a ¨2 ¨ SB 1317 use disorders in a supervised setting. The bill would specify registration and other requirements applicable to structured sober living homes. A structured sober living home, as deŒned by and registered pursuant to the bill, would not be subject to existing state licensure and regulation requirements for alcoholism or drug abuse recovery or treatment facilities.The bill would provide that it does not establish a new category of state-licensed facility, or otherwise authorize a structured sober living home registered pursuant to an ordinance adopted under the bill to provide any service for which a license is required by state law. require the department, no later than January 1, 2020, to develop speciŒed guidelines on the manner in which to report to the Legislature about unlicensed residential alcoholism or drug abuse recovery or treatment facilities.The bill would require the guidelines to address certain topics, including, among others, methods for determining whether complaints received by the department regarding unlicensed facilities in communities are substantiated or unsubstantiated. The bill would require the department, no later than January 1, 2021, to complete and submit a report, using those guidelines, to the Legislature. Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1.Section 11834.315 is added to the Health and line 2 Safety Code, to read: line 3 11834.315.(a) (1) No later than January 1, 2020, the State line 4 Department of Health Care Services shall develop guidelines, in line 5 consultation with the County Behavioral Health Directors line 6 Association of California, addiction medicine specialists, substance line 7 use disorder recovery or treatment providers, disability rights line 8 representatives, and other interested stakeholders, on the manner line 9 in which to report to the Legislature about facilities alleged to be line 10 in violation of Section 11834.30. The guidelines shall address, at line 11 a minimum, all of the following: line 12(A) Methods for determining whether complaints received by line 13 the department are substantiated or unsubstantiated, and methods line 14 for addressing those complaints. line 15(B) Methods for determining statewide capacity of residential line 16 treatment facilities and making recommendations on the manner Attachment: Senate Bill 1317 - Bill Text (State Legislation: Senate Bill 1317) line 17 in which to address the impact on surrounding communities. 96 Packet Pg. 128 7.a ¨3 ¨ SB 1317 line 1(C) Methods for identifying and mitigating barriers to siting line 2 residential care facilities in communities. line 3(2) The department shall post the guidelines developed pursuant line 4 to paragraph (1) on its Internet Web site. line 5(b) (1) (A) The department shall, no later than January 1, line 6 2021, complete and submit a report to the Legislature, using the line 7 guidelines developed pursuant to subdivision (a), regarding its line 8Œndings. If the department does not complete the report by January line 9 1, 2021, the department shall provide an update to the Legislature line 10 and a timeline for when the report is expected to be completed. line 11(B) The report submitted to the Legislature pursuant to line 12 subparagraph (A) shall be submitted in compliance with Section line 13 9795 of the Government Code. line 14(2) The department shall post the completed report on its line 15 InternetWeb site. line 16SECTION 1.Chapter 5 (commencing with Section 11759.70) line 17is added to Part 1 of Division 10.5 of the Health and Safety Code, line 18to read: line 19 Chapter 5. Structured Sober Living Homes line 20 line 21 line 2211759.70.(a) (1) For the purposes of this chapter, ˆstructured line 23sober living home– means any premises, place, or building that line 24provides alcohol-free or drug-free housing, promotes independent line 25living and life skill development, and provides structured activities line 26that are directed primarily toward recovery from substance use line 27disorders in a supervised setting to a group of unrelated adults who line 28are recovering from drug or alcohol addiction, and who are line 29receiving outpatient behavioral health services for substance abuse line 30or addiction treatment while living in the home. line 31(2) ˆStructured sober living home– does not include a private line 32dwelling in which an individual related to another person living line 33in the home is required to receive outpatient behavioral health line 34services for substance abuse or addiction treatment as a condition line 35of continuing to reside in the dwelling. line 36(b) A structured sober living home registered pursuant to an line 37ordinance adopted under this chapter is not subject to state licensure line 38and regulation as an alcoholism or drug abuse recovery or treatment line 39facility.This chapter does not establish a new category of Attachment: Senate Bill 1317 - Bill Text (State Legislation: Senate Bill 1317) line 40state-licensed facility, or otherwise authorize a structured sober 96 Packet Pg. 129 7.a ¨4 ¨ SB 1317 line 1living home registered pursuant to an ordinance adopted under line 2this chapter to provide any service for which a license is required line 3by state law. line 411759.71.(a) A city, county, or city and county may adopt by line 5ordinance health and safety standards and enforcement mechanisms line 6for structured sober living homes that comply with state and federal line 7housing laws and the federal Americans with Disabilities Act of line 81990 (42 U.S.C. Sec. 12101 et seq.). The ordinance shall include, line 9but need not be limited to, mandatory registration requirements line 10for all structured sober living homes to ensure that the residents line 11are living in a safe environment.The registration requirements line 12shall be submitted to the city, county, or city and county no less line 13than 30 days prior to opening, and at a minimum, shall include the line 14following: line 15(1) Written notice of a facility's intent to operate. line 16(2) The address of the facility. line 17(3) The property owner's name and contact information. line 18(4) If the property is leased, a copy of the lease that includes a line 19statement that the property will be used as a structured sober living line 20home. line 21(5) A parking plan for the residents of the facility. If the property line 22upon which the facility is situated is governed by a home owners line 23association, the parking plan shall include that information required line 24by the home owners association. line 25(6) A list of the number of bedrooms and restrooms at the line 26facility. line 27(b) A city, county, or city and county that adopts health and line 28safety standards and enforcement mechanisms for structured sober line 29living homes pursuant to subdivision (a) may exclude from line 30regulation any structured sober living home that is subject to line 31adequate oversight by another governmental entity or contractor line 32that meets or exceeds the requirements of this chapter. line 3311759.72.This chapter shall not be interpreted to require the line 34adoption of a structured sober living home ordinance by any city, line 35county, or city and county.The authority granted to a city, county, line 36or city and county to adopt an ordinance under this chapter shall line 37be in addition to any other authority that may be exercised by the Attachment: Senate Bill 1317 - Bill Text (State Legislation: Senate Bill 1317) 96 Packet Pg. 130 7.a ¨5 ¨ SB 1317 line 1city, county, or city and county to regulate the use of property line 2within its jurisdiction. Attachment: Senate Bill 1317 - Bill Text (State Legislation: Senate Bill 1317) O 96 Packet Pg. 131