HomeMy WebLinkAbout2017-04-25 - AGENDA REPORTS - STATE LEGISLATION SB 786 (2)Agenda Item: 6
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: fill
DATE: April 25, 2017
SUBJECT: STATE LEGISLATION: SENATE BILL 786
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the Legislative Committee's recommendation to support Senate Bill 786
(Mendoza) and transmit position statements to Senator Mendoza, Santa Clarita's state legislative
delegation, appropriate legislative committees, Governor Brown, and the League of California
Cities.
BACKGROUND
Authored by Senator Tony Mendoza (D-Artesia), Senate Bill 786 proposes to authorize a city or
county to request denial of an alcoholism or drug abuse recovery or treatment facility application
to the Department of Health Care Services on the basis of over concentration of residential
facilities.
Specifically, this bill:
1. Authorizes a city or county to request denial of an alcoholism or drug abuse recovery or
treatment facility application submitted on or after January 1, 2018, to the Department of
Health Care Services on the basis of over concentration of residential facilities. This bill
defines "over concentration" as a new facility requesting to be located 300 feet or less
from an existing alcoholism or drug abuse recovery or treatment facility.
2. Authorizes the Department of Health Care Services to deny an application for a new
alcoholism or drug abuse recovery or treatment facility, if the proposed location is within
300 feet from an existing alcoholism or drug abuse recovery or treatment facility.
3. Requires the Department of Health Care Services to notify, in writing, at least 45 days
prior to approving an application for a new facility, 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
Page 1
Packet Pg. 54
O
be located in an unincorporated area of the proposed location of the new facility.
This bill would grant local agencies the ability to request denial of an alcoholism or drug abuse
recovery or treatment facility application to the Department of Health Care Services on the basis
of over concentration. The City of Santa Clarita 2017 Legislative Platform (Legislative
Platform) includes components related to local authority on alcoholism and drug abuse recovery
or treatment facilities. Specifically, component 17 under the "State" section of the Legislative
Platform advises that the City Council, "Support legislation that provides local governments with
a role in regulating the location of state licensed alcohol or drug recovery facilities."
In addition to Senate Bill 786, the City Council is being asked to support Senate Bill 34 (Bates).
Both bills are similar in most respects, however, Senate Bill 34 (Bates) includes additional
treatment services that would apply to the 300 feet zoning rule included in each bill.
Specifically, Senate Bill 34 (Bates) requires that new treatment facilities that provide counseling,
physical therapy, or nutritional planning services also be restricted from any location that is 300
feet or less from an existing recovery or treatment facility. Senate Bill 786 only applies to
alcoholism or drug abuse recovery or treatment facilities.
Senate Bill 786 was referred to the Senate Committee on Health on March 9, 2017. As of the
date of the writing of this report, a hearing was scheduled in the Senate Committee on Health for
April 19, 2017.
The City Council Legislative Committee met on April 11, 2017, and recommends that the City
Council adopt a "support" position for Senate Bill 786.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Senate Bill 786
2. Adopt an "oppose" position on Senate Bill 786
3. Take no action on Senate Bill 786
4. Refer Senate Bill 786 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's
adopted 2016/17 budget.
ATTACHMENTS
SB 786 - Alcoholism or Drug Abuse Treatment Facilities
Page 2
Packet Pg. 55
6.a
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.
99
Packet Pg. 56
SB 786 —2—
6.a
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.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11834.11 is added to the Health and
2 Safety Code, to read:
3 11834.11. (a) For any licensing application submitted on or
4 after January 1, 2018, the department shall deny an application for
5 a new facility license, if the proposed location is in proximity to
6 an existing facility in an area zoned residential that would result
7 in overconcentration.
8 (b) As used in this section, "overconcentration" means that if a
9 new license is issued, two or more alcoholism or drug abuse
10 recovery or treatment facilities will be separated by a distance of
11 300 feet or less, as measured from the nearest property line on
12 which an existing facility is located to the nearest property line of
13 the proposed facility in an area zoned residential.
14 (c) At least 45 days prior to approving any application for a new
15 facility, the department or county licensing agency shall notify in
16 writing the planning agency of the city, if the facility is to be
17 located in the city, or the planning agency of the county, if the
18 facility is to be located in an unincorporated area, of the proposed
19 location of the facility.
20 (d) Any city or county may request denial of the license applied
21 for on the basis of an overconcentration of facilities.
22 SEC. 2. If the Commission on State Mandates determines that
23 this act contains costs mandated by the state, reimbursement to
24 local agencies and school districts for those costs shall be made
25 pursuant to Part 7 (commencing with Section 17500) of Division
26 4 of Title 2 of the Government Code.
X
99
Packet Pg. 57