UT
Utah House Bill HB0485

Utah 2025 Regular Session

Utah House Bill HB0485 Compare Versions

OldNewDifferences
1-02-27 10:05 2nd Sub. (Gray) H.B. 485
1+02-26 10:16 1st Sub. (Buff) H.B. 485
22 Jake Fitisemanu proposes the following substitute bill:
33 1
44 Residential Notification Amendments
55 2025 GENERAL SESSION
66 STATE OF UTAH
77 Chief Sponsor: Jake Fitisemanu
88 Senate Sponsor:
99 2
1010
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1212 LONG TITLE
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1414 General Description:
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16-This bill amends provisions related to licensing requirements for regulated residential
16+This bill amends provisions related to licensing requirements for residential treatment
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18-treatment programs.
18+programs.
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2020 Highlighted Provisions:
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2222 This bill:
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2424 ▸ defines terms; and
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26-▸ requires regulated residential facilities to:
26+▸ requires residential facilities to:
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2828 ● notify nearby property owners and residents before beginning operations; and
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3030 ● provide contact information for a designated representative to neighboring residents.
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3232 Money Appropriated in this Bill:
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3434 None
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3636 Other Special Clauses:
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3838 None
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4040 Utah Code Sections Affected:
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4242 AMENDS:
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4444 26B-2-117, as renumbered and amended by Laws of Utah 2023, Chapter 305
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4646
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4848 Be it enacted by the Legislature of the state of Utah:
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5050 Section 1. Section 26B-2-117 is amended to read:
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5252 26B-2-117 . Licensing residential treatment programs and recovery residences --
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5454 Notification of local government.
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56-(1) As used in this section:
56+(1) As used in this section, " Ĥ→ regulated ←Ĥ residential facility" means Ĥ→ a
57+25a
58+licensed or certified ←Ĥ :
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58-(a) "Regulated residential facility" means a licensed or certified:
60+(a) Ĥ→ [a] ←Ĥ residential treatment program;
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60-(i) residential treatment program;
62+(b) Ĥ→ [a] ←Ĥ residential support program;
63+1st Sub. H.B. 485 1st Sub. (Buff) H.B. 485 02-26 10:16
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62-(ii) residential support program;
65+(c) Ĥ→ [a] ←Ĥ recovery residence; or
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64-(iii) recovery residence; or
65-2nd Sub. H.B. 485 2nd Sub. (Gray) H.B. 485 02-27 10:05
67+(d) Ĥ→ [a] ←Ĥ facility that provides social detoxification services.
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67-(iv) facility that provides social detoxification services.
69+[(1)] (2)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
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69-(b) "Regulated residential facility" does not include a congregate care program.
71+Act, the office shall make rules that establish categories of residential treatment and
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71-[(1)] (2)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
73+recovery residence licenses based on differences in the types of residential treatment
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73-Act, the office shall make rules that establish categories of residential treatment and
75+programs and recovery residences.
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75-recovery residence licenses based on differences in the types of residential treatment
77+(b) The categories referred to in Subsection [(1)(a)] (2)(a) may be based on differences in:
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77-programs and recovery residences.
79+(i) services offered;
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79-(b) The categories referred to in Subsection [(1)(a)] (2)(a) may be based on differences in:
81+(ii) types of clients served;
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81-(i) services offered;
83+(iii) risks posed to the community; or
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83-(ii) types of clients served;
85+(iv) other factors that make regulatory differences advisable.
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85-(iii) risks posed to the community; or
87+[(2)] (3) Subject to the requirements of federal and state law, and pursuant to the authority
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87-(iv) other factors that make regulatory differences advisable.
89+granted by Section 26B-2-104, the office shall establish and enforce rules that:
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89-[(2)] (3) Subject to the requirements of federal and state law, and pursuant to the authority
91+(a) relate generally to all categories of residential treatment program and recovery
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91-granted by Section 26B-2-104, the office shall establish and enforce rules that:
93+residence licenses; and
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93-(a) relate generally to all categories of residential treatment program and recovery
95+(b) relate to specific categories of residential treatment program and recovery residence
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95-residence licenses; and
97+licenses on the basis of the regulatory needs, as determined by the office, of
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97-(b) relate to specific categories of residential treatment program and recovery residence
99+residential treatment programs and recovery residences within those specific
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99-licenses on the basis of the regulatory needs, as determined by the office, of
101+categories.
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101-residential treatment programs and recovery residences within those specific
103+[(3)] (4)(a) Beginning July 1, 2014, the office shall charge an annual licensing fee, set by
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103-categories.
105+the office in accordance with the procedures described in Section 63J-1-504, to a
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105-[(3)] (4)(a) Beginning July 1, 2014, the office shall charge an annual licensing fee, set by
107+recovery residence in an amount that will pay for the cost of the licensing and
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107-the office in accordance with the procedures described in Section 63J-1-504, to a
109+inspection requirements described in this section and in Section 26B-2-104.
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109-recovery residence in an amount that will pay for the cost of the licensing and
111+(b) The office shall deposit the licensing fees described in this section in the General
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113+Fund as a dedicated credit to be used solely to pay for the cost of the licensing and
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111115 inspection requirements described in this section and in Section 26B-2-104.
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113-(b) The office shall deposit the licensing fees described in this section in the General
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115-Fund as a dedicated credit to be used solely to pay for the cost of the licensing and
117+[(4)] (5) Before submitting an application for a license to operate a residential treatment
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117-inspection requirements described in this section and in Section 26B-2-104.
119+program, the applicant shall serve notice of [its] the applicant's intent to operate a
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119-[(4)] (5) Before submitting an application for a license to operate a residential treatment
121+residential treatment program on the governing body of:
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121-program, the applicant shall serve notice of [its] the applicant's intent to operate a
123+(a) the city in which the residential treatment program will be located; or
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123-residential treatment program on the governing body of:
125+(b) if the residential treatment program will be located in the unincorporated area of a
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125-(a) the city in which the residential treatment program will be located; or
127+county, the county in which the residential treatment program will be located.
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127-(b) if the residential treatment program will be located in the unincorporated area of a
129+(6) Ĥ→ [At least 30 days before beginning to provide] Within 30 days of
130+60a
131+providing ←Ĥ services, a Ĥ→ regulated ←Ĥ residential facility shall provide
132+- 2 - 02-26 10:16 1st Sub. (Buff) H.B. 485
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129-county, the county in which the residential treatment program will be located.
134+notice of the facility's intent to begin operations to each property located within 300 feet
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131-(6) Within 30 days of providing services, a regulated residential facility shall provide notice
136+of the location where the Ĥ→ regulated ←Ĥ residential facility will be located by:
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133-of the facility's intent to begin operations to each property located within 300 feet of the
134-- 2 - 02-27 10:05 2nd Sub. (Gray) H.B. 485
138+(a) mailing notice to the property or residence; or
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136-location where the regulated residential facility will be located by:
140+(b) attaching notice to the main entrance of the property or residence.
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138-(a) mailing notice to the property or residence; or
142+[(5)] (7)(a) The notice described in Subsection [(4)] (5) shall include the following
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140-(b) attaching notice to the main entrance of the property or residence.
144+information relating to the residential treatment program:
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142-[(5)] (7)(a) The notice described in Subsection [(4)] (5) shall include the following
146+[(a)] (i) an accurate description of the residential treatment program;
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144-information relating to the residential treatment program:
148+[(b)] (ii) the location where the residential treatment program will be operated;
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146-[(a)] (i) an accurate description of the residential treatment program;
150+[(c)] (iii) the services that will be provided by the residential treatment program;
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148-[(b)] (ii) the location where the residential treatment program will be operated;
152+[(d)] (iv) the type of clients that the residential treatment program will serve;
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150-[(c)] (iii) the services that will be provided by the residential treatment program;
154+[(e)] (v) the category of license for which the residential treatment program is
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152-[(d)] (iv) the type of clients that the residential treatment program will serve;
156+applying to the office;
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154-[(e)] (v) the category of license for which the residential treatment program is
158+[(f)] (vi) the name, telephone number, and address of a person that may be contacted
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156-applying to the office;
160+to make inquiries about the residential treatment program; and
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158-[(f)] (vi) the name, telephone number, and address of a person that may be contacted
162+[(g)] (vii) any other information that the office may require by rule.
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160-to make inquiries about the residential treatment program; and
164+(b) The notice described in Subsection (6) shall include the following information
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162-[(g)] (vii) any other information that the office may require by rule.
166+relating to the Ĥ→ regulated ←Ĥ residential facility:
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164-(b) The notice described in Subsection (6) shall include the following information
168+(i) the location where the Ĥ→ regulated ←Ĥ residential facility will be operated;
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166-relating to the regulated residential facility:
170+(ii) a description of the Ĥ→ regulated ←Ĥ residential facility's treatment focus;
171+79a
172+and
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168-(i) the location where the regulated residential facility will be operated;
174+(iii) contact information, including a telephone number and an email address, for a
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170-(ii) a description of the regulated residential facility's treatment focus; and
176+representative of the Ĥ→ regulated ←Ĥ residential facility.
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172-(iii) contact information, including a telephone number and an email address, for a
178+[(6)] (8) When submitting an application for a license to operate a residential treatment
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174-representative of the regulated residential facility.
180+program, the applicant shall include with the application:
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176-[(6)] (8) When submitting an application for a license to operate a residential treatment
182+(a) a copy of the notice described in Subsection [(4)] (5); and
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178-program, the applicant shall include with the application:
184+(b) proof that the applicant served the notice described in Subsection [(4)] (5) on the
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180-(a) a copy of the notice described in Subsection [(4)] (5); and
186+governing body described in Subsection [(4)] (5).
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182-(b) proof that the applicant served the notice described in Subsection [(4)] (5) on the
188+Section 2. Effective Date.
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184-governing body described in Subsection [(4)] (5).
185-89
186-Section 2. Effective Date.
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188190 This bill takes effect on May 7, 2025.
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