Bill Text: NJ S1245 | 2024-2025 | Regular Session | Introduced
Bill Title: Enhances requirements for applicant seeking to locate substance use disorder treatment center within 500 feet of school.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S1245 Detail]
Download: New_Jersey-2024-S1245-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Enhances requirements for applicant seeking to locate substance use disorder treatment center within 500 feet of school.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the location of substance use disorder treatment centers and amending P.L.1982, c.149 and P.L.1970, c.334.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1982, c.149 (C.26:2H-11.1) is amended to read as follows:
1. In the case of an application for a certificate of [need] approval or initial licensure, as applicable, for a [narcotic and drug abuse] substance use disorder treatment center to be located within 500 feet from any building in this State used for the instruction of children between the ages of five and 18 years, prior to submitting an application for development pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.), the applicant shall notify the governing body of the municipality and the governing body and the county planning board of the county within which the applicant proposes to locate the treatment center of the applicant's intention to apply for the certificate of [need] approval or licensure and the proposed location of the treatment center, and shall request the governing body of the municipality to adopt a resolution demonstrating support for the proposed treatment center. [Documentation of the notice shall be filed] The applicant shall submit, together with the certificate of [need] approval or license application: the municipal governing body's resolution demonstrating local support for the substance use disorder treatment center at the proposed location; and documentation that the applicant complied with the notice requirements of this section. The Commissioner of [Health is hereby authorized to] Human Services shall adopt reasonable rules and regulations, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of [this act] P.L.1982, c.149 (C.26:2H-11.1). For the purposes of [this act, the definition of "narcotic and drug abuse] P.L.1982, c.149 (C.26:2H-11.1): the term "substance use disorder treatment center" [shall be identical to the definition] means a "narcotic and substance use disorder treatment center" as defined in [subsection (a) of] section 2 of P.L.1970, c.334 (C.26:2G-22); and the term "certificate of approval" means a certificate of approval required pursuant to section 3 of P.L.1970, c.334 (C.26:2G-23) to operate a treatment center. [This act] P.L.1982, c.149 (C.26:2H-11.1) shall not apply to any [narcotic and drug abuse] substance use disorder treatment center for which an application was filed prior to the effective date of [this act] P.L.1982, c.149 (C.26:2H-11.1).
(cf: P.L.2012, c.17, s.177)
2. Section 3 of P.L.1970, c.334 (C.26:2G-23) is amended to read as follows:
3. No narcotic and substance use disorder treatment center shall operate within this State except pursuant to a certificate of approval obtained from the commissioner, upon application made therefor. Such application shall be made upon forms furnished by the commissioner, shall set forth the location of the narcotic and substance use disorder treatment center, the person in charge thereof, and the facilities for caring for patients who may seek treatment therein. The applicant shall be required to comply with the requirements of section 1 of P.L.1982, c.149 (C.26:2H-11.1). The applicant shall be required to furnish evidence of its ability to comply with minimum standards established hereunder and of the good moral character of the applicant and the person in charge of the narcotic and substance use disorder treatment center. Any change in the facts set forth in the application shall be reported to the commissioner within 10 days after the occurrence thereof.
(cf: P.L.2017, c.131, s.89)
3. This act shall take effect immediately and be applicable to an application for a certificate of approval or initial licensure submitted after the date of enactment.
STATEMENT
This bill would modify the requirements that must be met before the Commissioner of Human Services may authorize a substance use disorder treatment center to be located within 500 feet of a school.
The bill would require an applicant for a certificate of approval or initial licensure to locate and operate a substance use disorder treatment center within 500 feet of a school to provide notice to the governing body of the municipality and the governing body and the county planning board of the county within which the proposed treatment center would be located, and to provide those notices prior to submitting an application for development under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.). The bill would also require an applicant to request the governing body of the municipality to adopt a resolution demonstrating support for the proposed treatment center, and require the applicant to submit, together with the certificate of approval or license application, the municipal governing body's resolution demonstrating local support for the substance use disorder treatment center at the proposed location.
