Bill Text: CA AB3162 | 2017-2018 | Regular Session | Amended
Bill Title: Alcoholism or drug abuse treatment facilities.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2018-09-26 - Chaptered by Secretary of State - Chapter 775, Statutes of 2018. [AB3162 Detail]
Download: California-2017-AB3162-Amended.html
Amended
IN
Assembly
April 19, 2018 |
Assembly Bill | No. 3162 |
Introduced by Assembly Member Friedman (Coauthors: Senators Allen and Stern) |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11834.09 of the Health and Safety Code is repealed.SEC. 2.
Section 11834.09 is added to the Health and Safety Code, to read:11834.09.
(a)(b)
(c)
(d)
(e)
(f)
SEC. 3.
Section 11834.10 of the Health and Safety Code is repealed.SEC. 4.
Section 11834.10 is added to the Health and Safety Code, to read:11834.10.
(a) A licensee shall not operate an alcoholism or drug abuse recovery or treatment facility beyond the conditions and limitations specified on the license. All programs and services offered or provided by a licensed alcoholism or drug abuse recovery or treatment facility, including, but not limited to, incidental medical services pursuant to Section 11834.025, shall be specified in the license application and provided exclusively within the licensed facility on the licensed property and for the benefit of the residents.(a)For any licensing application submitted on or after January 1, 2019, the department shall deny an application for a new facility license, if the proposed location is in proximity to an existing facility that would result in overconcentration in an area zoned for residential use.
(b)As used in this section, “overconcentration” means that if a new license is issued, two or more alcoholism or drug abuse recovery or treatment facilities will be within a distance of 300 feet or less, as measured from the nearest property line on which an existing facility is located to the nearest property line of the proposed facility in an area zoned residential.
(c)(1)Licensed existing facilities may continue to operate subject to the terms and conditions of their existing licenses. Expansion or intensification of licensed facilities shall not be allowed unless the facility conforms with the requirements of this section.
(2)For the purposes of this section, a “licensed existing facility” is a licensed facility that is operating in compliance with all state laws on or before December 1, 2018, located within 300 feet or less of another licensed facility, as measured from the nearest property lines on which the existing facilities are located, as long as they are in continuous operation with no lapse in licensure.
(d)At least 45 days prior to approving any
application for a new facility, the department shall post on its Internet Web site the address of the proposed new facility.
(e)On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(f)Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department, until regulations are adopted.