Over the years, many drug and alcohol rehabilitation facilities have established operations in various residential areas of Malibu. Residents and the City Council share concerns about the proliferation of these facilities and the impacts of these operations on local residents of those neighborhoods.
The California Department of Health Care Services (DHCS) has sole authority to license facilities providing 24-hour residential, non-medical services to eligible adults who are recovering from problems related to alcohol or other drug misuse or abuse. The City Council is working with representatives from other communities throughout California that have similar concerns about clustering of these facilities to advocate for stricter enforcement of State law, which regulates the issuance of licenses for the facilities, specifically with regard to compliance with local and regional zoning ordinances.
California Assembly Bill (AB) 3162
On September 26, 2018, Governor Jerry Brown signed AB 3162 into law. The bill, championed by the City of Malibu with support from numerous other California Cities and the League of California Cities, reformed requirements for the issuance of licenses for residential drug and alcohol treatment facilities.
AB 3162 amended the State's Health and Safety Code to require that all services permitted under a residential license are provided solely at the location where the State license is issued. In addition, the bill established a one-year provisional license to serve as a probationary period for new licenses so that DHCS has time to analyze and determine compliance with regulations, and updates fines for non-compliance to be commensurate with similar licensing fines.