Cal Cities sponsors recovery housing bills in response to state audit

The bills aim to increase transparency, improve accountability, and protect communities

By Caroline Grinder, legislative affairs lobbyist   

Lawmakers have introduced three Cal Cities-sponsored bills that would address longstanding concerns over alcohol and drug treatment facilities. These measures would create more oversight and transparency that protects residents and holds bad actors accountable.

The package would implement recommendations from a state audit released late last year requested by Asm. Diane Dixon. The state auditor found the state has failed to investigate complaints consistently and thoroughly, jeopardizing patient and community safety.

“The state’s own auditor has confirmed what cities have been saying for years: There is a lack of transparency, accountability, and information available to our communities when concerns over recovery housing facilities arise,” said Cal Cities Executive Director and CEO Carolyn Coleman.

The report showed that of the 60 investigations reviewed, 22 took over a year to complete. Ten exceeded 600 days. Without timely investigations, serious health and safety issues can go unchecked.

The report came a few weeks after Gov. Gavin Newsom signed two related transparency measures, both sponsored by Cal Cities. The two new laws, AB 2081 (Davies) and AB 2574 (Valencia), are the result of nearly a decade of advocacy.

What would these new three bills do?

These three new bills focus on how the Department of Health Care Services (DHCS) reviews and investigates complaints submitted by individuals. Common complaints include poor management of medications, insufficient detoxification checks, unlicensed counselors, failure to provide services advertised, and other issues.

While state law directs DHCS to investigate complaints, there are no timelines in statute to hold the department accountable. Under SB 329 (Blakespear), complaints would need to be assigned to investigative analysts within 10 days of receiving them, and analysts would need to complete investigations within 60 days.

“Good government means acting quickly and decisively to protect the health and safety of the community,” said Sen. Catherine Blakespear in a press release. “If an alcohol or drug treatment facility is not following state regulations and jeopardizing the health or safety of its residents or neighbors, the state should act promptly.”

Another bill, AB 492 (Valencia), would require the department to notify a city if the department approves a new license in their jurisdiction. DHCS is not required to notify agencies when approving licenses, leaving local agencies in the dark about the operation of facilities within their jurisdictions. This lack of communication can make it difficult to address community concerns, maintain public safety, and ensure that recovery and treatment programs are effectively integrated into local communities.

Asm. Avelino Valencia calls the measure a “critical step.”

“By providing local agencies with timely information, we can foster greater collaboration, improve public safety, and ensure that these facilities operate in a manner that best serves the needs of our residents,” he said.

A third bill, AB 424 (Davies), would require the department to notify individuals when their complaint has been received, when the investigation concludes, and the outcome of the investigation. Currently, complainants do not receive updates and must file a public records request just to learn the outcome of their complaint. By improving communication, AB 424 would help cities stay informed and support a more transparent oversight process.

“We need to protect patients in substance abuse treatment facilities, and this bill is a tremendous first step towards making sure communication channels remain open to health and safety concerns that can help DHCS to better improve the services they oversee,” Asm. Laurie Davies said. 

What can your city do to support these measures?

The Legislature’s policy committees will be in full swing starting in mid-March. These meetings are great opportunities for city officials to voice their support. If your city would like to support these measures, please reach out to your regional public affairs manager. Cal Cities will share sample support letters shortly and encourage all cities to support these important measures.