Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 748Introduced by Senator RothFebruary 17, 2023 An act to amend Section 11999.6 of the Health and Safety Code, relating to alcohol and drug programs. Section 4469 of the Government Code, relating to disability access and information.LEGISLATIVE COUNSEL'S DIGESTSB 748, as amended, Roth. Alcohol and drug programs: Substance Abuse Treatment Trust Fund. Disability access and information: local government: notice.Existing law, the Construction-Related Accessibility Standards Compliance Act requires a local agency to employ or retain building inspectors who are certified access specialists (CASp) to provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, as specified. Existing law requires a city, county, or city and county to provide to an applicant for the issuance or renewal of a business license or equivalent instrument or permit, specified information relating to obtaining information about the legal obligation to comply with disability access laws.This bill would also require a city, county, or city and county, in a separate document formatted as specified, to provide to that applicant a statement that the business may be subject to liability for failure to meet the legal obligation to comply with state and federal disability access laws, and information on how to obtain a CASp inspection, as specified. By imposing a new requirement on local government agencies, the bill would create a state-mandated local program.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.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.Existing law establishes the Substance Abuse Treatment Trust Fund. Existing law requires moneys deposited in the fund to be distributed annually, as provided.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4469 of the Government Code is amended to read:4469. (a) On and after January 1, 2013, each city, county, or city and county shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following information:Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies:The Division of the State Architect at www.dgs.ca.gov/dsa/Home.aspx.The Department of Rehabilitation at www.rehab.cahwnet.gov.The California Commission on Disability Access at www.ccda.ca.gov.(b) In addition to the information described in subdivision (a), on and after January 1, 2024, each city, county, or city and county, in a separate document at least 81/2 inches by 11 inches in size, shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following statement, the heading and first paragraph of which shall be written in a 28-point font, and the second of which shall be written in an 18-point font:MANDATORY ADA DISCLOSUREWARNING: You may be subject to liability for failure to meet your legal obligation to comply with state and federal disability access laws. The recent issuance or renewal of a business license or equivalent instrument or permit does not mean that your business has been determined to be in compliance with state and federal disability access laws.Although your new facility may have already been permitted and approved by the building department, it is important to obtain CASp inspection services after your move-in. A CASp is a professional who has been certified by the State of California to have specialized knowledge regarding the applicability of accessibility standards. To find a CASp, visit: www.apps2.dgs.ca.gov/DSA/casp/casp_certified_list.aspx.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 11999.6 of the Health and Safety Code is amended to read:11999.6.Moneys deposited in the Substance Abuse Treatment Trust Fund shall be distributed annually by the Secretary of California Health and Human Services, through the State Department of Health Care Services, to counties to cover the costs of placing persons in and providing drug treatment programs under this act, and vocational training, family counseling, and literacy training under this act. Additional costs that may be reimbursed from the Substance Abuse Treatment Trust Fund include probation department costs, court monitoring costs, and any miscellaneous costs made necessary by the provisions of this act other than drug testing services of any kind. Incarceration costs cannot be reimbursed from the fund. Those moneys shall be allocated to counties through a fair and equitable distribution formula that includes, but is not limited to, per capita arrests for controlled substance possession violations and substance abuse treatment caseload, as determined by the department as necessary to carry out the purposes of this act. The department may reserve a portion of the fund to pay for direct contracts with drug treatment service providers in counties or areas in which the director of the department has determined that demand for drug treatment services is not adequately met by existing programs. However, nothing in this section shall be interpreted or construed to allow any entity to use funds from the Substance Abuse Treatment Trust Fund to supplant funds from any existing fund source or mechanism currently used to provide substance abuse treatment. In addition, funds from the Substance Abuse Treatment Trust Fund shall not be used to fund in any way the drug treatment courts established pursuant to Article 1 (commencing with Section 11970) or Article 2 (commencing with Section 11975) of Chapter 2 of Part 3 of Division 10.5, including drug treatment or probation supervision associated with those drug treatment courts.
Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 748Introduced by Senator RothFebruary 17, 2023 An act to amend Section 11999.6 of the Health and Safety Code, relating to alcohol and drug programs. Section 4469 of the Government Code, relating to disability access and information.LEGISLATIVE COUNSEL'S DIGESTSB 748, as amended, Roth. Alcohol and drug programs: Substance Abuse Treatment Trust Fund. Disability access and information: local government: notice.Existing law, the Construction-Related Accessibility Standards Compliance Act requires a local agency to employ or retain building inspectors who are certified access specialists (CASp) to provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, as specified. Existing law requires a city, county, or city and county to provide to an applicant for the issuance or renewal of a business license or equivalent instrument or permit, specified information relating to obtaining information about the legal obligation to comply with disability access laws.This bill would also require a city, county, or city and county, in a separate document formatted as specified, to provide to that applicant a statement that the business may be subject to liability for failure to meet the legal obligation to comply with state and federal disability access laws, and information on how to obtain a CASp inspection, as specified. By imposing a new requirement on local government agencies, the bill would create a state-mandated local program.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.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.Existing law establishes the Substance Abuse Treatment Trust Fund. Existing law requires moneys deposited in the fund to be distributed annually, as provided.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 20, 2023
Amended IN Senate March 20, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 748
Introduced by Senator RothFebruary 17, 2023
Introduced by Senator Roth
February 17, 2023
An act to amend Section 11999.6 of the Health and Safety Code, relating to alcohol and drug programs. Section 4469 of the Government Code, relating to disability access and information.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 748, as amended, Roth. Alcohol and drug programs: Substance Abuse Treatment Trust Fund. Disability access and information: local government: notice.
Existing law, the Construction-Related Accessibility Standards Compliance Act requires a local agency to employ or retain building inspectors who are certified access specialists (CASp) to provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, as specified. Existing law requires a city, county, or city and county to provide to an applicant for the issuance or renewal of a business license or equivalent instrument or permit, specified information relating to obtaining information about the legal obligation to comply with disability access laws.This bill would also require a city, county, or city and county, in a separate document formatted as specified, to provide to that applicant a statement that the business may be subject to liability for failure to meet the legal obligation to comply with state and federal disability access laws, and information on how to obtain a CASp inspection, as specified. By imposing a new requirement on local government agencies, the bill would create a state-mandated local program.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.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.Existing law establishes the Substance Abuse Treatment Trust Fund. Existing law requires moneys deposited in the fund to be distributed annually, as provided.This bill would make technical, nonsubstantive changes to that provision.
Existing law, the Construction-Related Accessibility Standards Compliance Act requires a local agency to employ or retain building inspectors who are certified access specialists (CASp) to provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, as specified. Existing law requires a city, county, or city and county to provide to an applicant for the issuance or renewal of a business license or equivalent instrument or permit, specified information relating to obtaining information about the legal obligation to comply with disability access laws.
This bill would also require a city, county, or city and county, in a separate document formatted as specified, to provide to that applicant a statement that the business may be subject to liability for failure to meet the legal obligation to comply with state and federal disability access laws, and information on how to obtain a CASp inspection, as specified. By imposing a new requirement on local government agencies, the bill would create a state-mandated local program.
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.
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.
Existing law establishes the Substance Abuse Treatment Trust Fund. Existing law requires moneys deposited in the fund to be distributed annually, as provided.
This bill would make technical, nonsubstantive changes to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4469 of the Government Code is amended to read:4469. (a) On and after January 1, 2013, each city, county, or city and county shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following information:Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies:The Division of the State Architect at www.dgs.ca.gov/dsa/Home.aspx.The Department of Rehabilitation at www.rehab.cahwnet.gov.The California Commission on Disability Access at www.ccda.ca.gov.(b) In addition to the information described in subdivision (a), on and after January 1, 2024, each city, county, or city and county, in a separate document at least 81/2 inches by 11 inches in size, shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following statement, the heading and first paragraph of which shall be written in a 28-point font, and the second of which shall be written in an 18-point font:MANDATORY ADA DISCLOSUREWARNING: You may be subject to liability for failure to meet your legal obligation to comply with state and federal disability access laws. The recent issuance or renewal of a business license or equivalent instrument or permit does not mean that your business has been determined to be in compliance with state and federal disability access laws.Although your new facility may have already been permitted and approved by the building department, it is important to obtain CASp inspection services after your move-in. A CASp is a professional who has been certified by the State of California to have specialized knowledge regarding the applicability of accessibility standards. To find a CASp, visit: www.apps2.dgs.ca.gov/DSA/casp/casp_certified_list.aspx.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 11999.6 of the Health and Safety Code is amended to read:11999.6.Moneys deposited in the Substance Abuse Treatment Trust Fund shall be distributed annually by the Secretary of California Health and Human Services, through the State Department of Health Care Services, to counties to cover the costs of placing persons in and providing drug treatment programs under this act, and vocational training, family counseling, and literacy training under this act. Additional costs that may be reimbursed from the Substance Abuse Treatment Trust Fund include probation department costs, court monitoring costs, and any miscellaneous costs made necessary by the provisions of this act other than drug testing services of any kind. Incarceration costs cannot be reimbursed from the fund. Those moneys shall be allocated to counties through a fair and equitable distribution formula that includes, but is not limited to, per capita arrests for controlled substance possession violations and substance abuse treatment caseload, as determined by the department as necessary to carry out the purposes of this act. The department may reserve a portion of the fund to pay for direct contracts with drug treatment service providers in counties or areas in which the director of the department has determined that demand for drug treatment services is not adequately met by existing programs. However, nothing in this section shall be interpreted or construed to allow any entity to use funds from the Substance Abuse Treatment Trust Fund to supplant funds from any existing fund source or mechanism currently used to provide substance abuse treatment. In addition, funds from the Substance Abuse Treatment Trust Fund shall not be used to fund in any way the drug treatment courts established pursuant to Article 1 (commencing with Section 11970) or Article 2 (commencing with Section 11975) of Chapter 2 of Part 3 of Division 10.5, including drug treatment or probation supervision associated with those drug treatment courts.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 4469 of the Government Code is amended to read:4469. (a) On and after January 1, 2013, each city, county, or city and county shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following information:Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies:The Division of the State Architect at www.dgs.ca.gov/dsa/Home.aspx.The Department of Rehabilitation at www.rehab.cahwnet.gov.The California Commission on Disability Access at www.ccda.ca.gov.(b) In addition to the information described in subdivision (a), on and after January 1, 2024, each city, county, or city and county, in a separate document at least 81/2 inches by 11 inches in size, shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following statement, the heading and first paragraph of which shall be written in a 28-point font, and the second of which shall be written in an 18-point font:MANDATORY ADA DISCLOSUREWARNING: You may be subject to liability for failure to meet your legal obligation to comply with state and federal disability access laws. The recent issuance or renewal of a business license or equivalent instrument or permit does not mean that your business has been determined to be in compliance with state and federal disability access laws.Although your new facility may have already been permitted and approved by the building department, it is important to obtain CASp inspection services after your move-in. A CASp is a professional who has been certified by the State of California to have specialized knowledge regarding the applicability of accessibility standards. To find a CASp, visit: www.apps2.dgs.ca.gov/DSA/casp/casp_certified_list.aspx.
SECTION 1. Section 4469 of the Government Code is amended to read:
### SECTION 1.
4469. (a) On and after January 1, 2013, each city, county, or city and county shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following information:Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies:The Division of the State Architect at www.dgs.ca.gov/dsa/Home.aspx.The Department of Rehabilitation at www.rehab.cahwnet.gov.The California Commission on Disability Access at www.ccda.ca.gov.(b) In addition to the information described in subdivision (a), on and after January 1, 2024, each city, county, or city and county, in a separate document at least 81/2 inches by 11 inches in size, shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following statement, the heading and first paragraph of which shall be written in a 28-point font, and the second of which shall be written in an 18-point font:MANDATORY ADA DISCLOSUREWARNING: You may be subject to liability for failure to meet your legal obligation to comply with state and federal disability access laws. The recent issuance or renewal of a business license or equivalent instrument or permit does not mean that your business has been determined to be in compliance with state and federal disability access laws.Although your new facility may have already been permitted and approved by the building department, it is important to obtain CASp inspection services after your move-in. A CASp is a professional who has been certified by the State of California to have specialized knowledge regarding the applicability of accessibility standards. To find a CASp, visit: www.apps2.dgs.ca.gov/DSA/casp/casp_certified_list.aspx.
4469. (a) On and after January 1, 2013, each city, county, or city and county shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following information:Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies:The Division of the State Architect at www.dgs.ca.gov/dsa/Home.aspx.The Department of Rehabilitation at www.rehab.cahwnet.gov.The California Commission on Disability Access at www.ccda.ca.gov.(b) In addition to the information described in subdivision (a), on and after January 1, 2024, each city, county, or city and county, in a separate document at least 81/2 inches by 11 inches in size, shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following statement, the heading and first paragraph of which shall be written in a 28-point font, and the second of which shall be written in an 18-point font:MANDATORY ADA DISCLOSUREWARNING: You may be subject to liability for failure to meet your legal obligation to comply with state and federal disability access laws. The recent issuance or renewal of a business license or equivalent instrument or permit does not mean that your business has been determined to be in compliance with state and federal disability access laws.Although your new facility may have already been permitted and approved by the building department, it is important to obtain CASp inspection services after your move-in. A CASp is a professional who has been certified by the State of California to have specialized knowledge regarding the applicability of accessibility standards. To find a CASp, visit: www.apps2.dgs.ca.gov/DSA/casp/casp_certified_list.aspx.
4469. (a) On and after January 1, 2013, each city, county, or city and county shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following information:Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies:The Division of the State Architect at www.dgs.ca.gov/dsa/Home.aspx.The Department of Rehabilitation at www.rehab.cahwnet.gov.The California Commission on Disability Access at www.ccda.ca.gov.(b) In addition to the information described in subdivision (a), on and after January 1, 2024, each city, county, or city and county, in a separate document at least 81/2 inches by 11 inches in size, shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following statement, the heading and first paragraph of which shall be written in a 28-point font, and the second of which shall be written in an 18-point font:MANDATORY ADA DISCLOSUREWARNING: You may be subject to liability for failure to meet your legal obligation to comply with state and federal disability access laws. The recent issuance or renewal of a business license or equivalent instrument or permit does not mean that your business has been determined to be in compliance with state and federal disability access laws.Although your new facility may have already been permitted and approved by the building department, it is important to obtain CASp inspection services after your move-in. A CASp is a professional who has been certified by the State of California to have specialized knowledge regarding the applicability of accessibility standards. To find a CASp, visit: www.apps2.dgs.ca.gov/DSA/casp/casp_certified_list.aspx.
4469. (a) On and after January 1, 2013, each city, county, or city and county shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following information:
Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies:
The Division of the State Architect at www.dgs.ca.gov/dsa/Home.aspx.
The Department of Rehabilitation at www.rehab.cahwnet.gov.
The California Commission on Disability Access at www.ccda.ca.gov.
(b) In addition to the information described in subdivision (a), on and after January 1, 2024, each city, county, or city and county, in a separate document at least 81/2 inches by 11 inches in size, shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following statement, the heading and first paragraph of which shall be written in a 28-point font, and the second of which shall be written in an 18-point font:
MANDATORY ADA DISCLOSURE
WARNING: You may be subject to liability for failure to meet your legal obligation to comply with state and federal disability access laws. The recent issuance or renewal of a business license or equivalent instrument or permit does not mean that your business has been determined to be in compliance with state and federal disability access laws.
Although your new facility may have already been permitted and approved by the building department, it is important to obtain CASp inspection services after your move-in. A CASp is a professional who has been certified by the State of California to have specialized knowledge regarding the applicability of accessibility standards. To find a CASp, visit: www.apps2.dgs.ca.gov/DSA/casp/casp_certified_list.aspx.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 2.
Moneys deposited in the Substance Abuse Treatment Trust Fund shall be distributed annually by the Secretary of California Health and Human Services, through the State Department of Health Care Services, to counties to cover the costs of placing persons in and providing drug treatment programs under this act, and vocational training, family counseling, and literacy training under this act. Additional costs that may be reimbursed from the Substance Abuse Treatment Trust Fund include probation department costs, court monitoring costs, and any miscellaneous costs made necessary by the provisions of this act other than drug testing services of any kind. Incarceration costs cannot be reimbursed from the fund. Those moneys shall be allocated to counties through a fair and equitable distribution formula that includes, but is not limited to, per capita arrests for controlled substance possession violations and substance abuse treatment caseload, as determined by the department as necessary to carry out the purposes of this act. The department may reserve a portion of the fund to pay for direct contracts with drug treatment service providers in counties or areas in which the director of the department has determined that demand for drug treatment services is not adequately met by existing programs. However, nothing in this section shall be interpreted or construed to allow any entity to use funds from the Substance Abuse Treatment Trust Fund to supplant funds from any existing fund source or mechanism currently used to provide substance abuse treatment. In addition, funds from the Substance Abuse Treatment Trust Fund shall not be used to fund in any way the drug treatment courts established pursuant to Article 1 (commencing with Section 11970) or Article 2 (commencing with Section 11975) of Chapter 2 of Part 3 of Division 10.5, including drug treatment or probation supervision associated with those drug treatment courts.