Bill Text: CA SB326 | 2023-2024 | Regular Session | Amended
Bill Title: The Behavioral Health Services Act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-10-12 - Chaptered by Secretary of State. Chapter 790, Statutes of 2023. [SB326 Detail]
Download: California-2023-SB326-Amended.html
Amended
IN
Assembly
August 23, 2023 |
Amended
IN
Assembly
August 15, 2023 |
Amended
IN
Assembly
July 13, 2023 |
Amended
IN
Assembly
June 19, 2023 |
Amended
IN
Senate
March 21, 2023 |
Introduced by Senator Eggman (Coauthor: Assembly Member Wood) |
February 07, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The people of the State of California hereby find and declare all the following:SEC. 2.
The purposes and intent in enacting this act are as follows:SEC. 3.
Section 99277 of the Education Code is amended to read:99277.
(a) Upon receiving funding for purposes of this chapter, UCSF, the UC college named in Section 92200, and the UC/CSU California Collaborative on Neurodiversity and Learning shall each appoint one member from the respective institutions. This group shall be charged with the development and oversight of the initiative, and shall function as the institute’s management committee. The management committee shall be permitted, but not obligated, to retain a program director to assist in the implementation of the initiative.SEC. 4.
Section 99277 is added to the Education Code, to read:99277.
(a) Upon receiving funding for purposes of this chapter, UCSF, the UC college named in Section 92200, and the UC/CSU California Collaborative on Neurodiversity and Learning shall each appoint one member from the respective institutions. This group shall be charged with the development and oversight of the initiative and shall function as the institute’s management committee. The management committee shall be permitted, but not obligated, to retain a program director to assist in the implementation of the initiative.SEC. 5.
Section 131315 of the Health and Safety Code is amended to read:131315.
If the Office of Suicide Prevention is established pursuant to Section 131300, all of the following shall apply:SEC. 6.
Section 131315 is added to the Health and Safety Code, to read:131315.
(a) If the Office of Suicide Prevention is established pursuant to Section 131300, both of the following shall apply:SEC. 7.
Section 19602.5 of the Revenue and Taxation Code is amended to read:19602.5.
(a) There is in the State Treasury the Mental Health Services Fund (MHS Fund). The estimated revenue from the additional tax imposed under Section 17043 for the applicable fiscal year, as determined under subparagraph (B) of paragraph (3) of subdivision (c), shall be deposited to the MHS Fund on a monthly basis, subject to an annual adjustment as described in this section.Tax Year | Estimated Tax Liability Increase from the Additional Tax |
2005 | $634 million |
2006 | $672 million |
2007 | $713 million |
2008 | $758 million |
Applicable Fiscal Year | Estimated Revenue from Additional Tax |
2004–05 | $254 million |
2005–06 | $683 million |
2006–07 | $690 million |
2007–08 | $733 million |
SEC. 8.
Section 19602.5 is added to the Revenue and Taxation Code, to read:19602.5.
(a) There is in the State Treasury the Behavioral Health Services (BHS) Fund. The estimated revenue from the additional tax imposed under Section 17043 for the applicable fiscal year, as determined under subparagraph (B) of paragraph (3) of subdivision (c), shall be deposited to the BHS Fund on a monthly basis, subject to an annual adjustment as described in this section.SEC. 9.
Section 1095.5 of the Unemployment Insurance Code is amended to read:1095.5.
(a) (1) The director shall permit the use of any information in their possession to the extent necessary to enable the Mental Health Services Oversight and Accountability Commission to receive quarterly wage data of mental health consumers served by the California public mental health system for the purpose of monitoring and evaluating employment outcomes to determine the effectiveness of those services.SEC. 10.
Section 1095.5 is added to the Unemployment Insurance Code, to read:1095.5.
(a) (1) The director shall permit the use of any information in their possession to the extent necessary to enable the Behavioral Health Services Oversight and Accountability Commission to receive quarterly wage data of individuals with a mental health disorder or a substance use disorder, or both, served by the California public mental health and substance use disorder system for the purpose of monitoring and evaluating employment outcomes to determine the effectiveness of those services.SEC. 11.
Section 4090 of the Welfare and Institutions Code is amended to read:4090.
(a) The State Department of Health Care Services shall establish, by regulation, standards for the programs listed in Chapter 2.5 (commencing with Section 5670) of Part 2 of Division 5. These standards shall also be applied by the department to any facility licensed as a social rehabilitation facility pursuant to paragraph (7) of subdivision (a) of Section 1502 of the Health and Safety Code.SEC. 12.
Section 4094 of the Welfare and Institutions Code is amended to read:4094.
(a) The State Department of Mental Health shall establish, by regulations adopted at the earliest possible date, but no later than December 31, 1994, program standards for any facility licensed as a community treatment facility. This section shall apply only to community treatment facilities described in this subdivision.SEC. 13.
Section 4096.5 of the Welfare and Institutions Code is amended to read:4096.5.
(a) This section governs standards for the mental health program approval for short-term residential therapeutic programs, which is required under subdivision (c) of Section 1562.01 of the Health and Safety Code.(a)(1)(A)Each community mental health service shall have a behavioral health board consisting of 10 to 15 members, depending on the preference of the county, appointed by the governing body, except that a board in a county with a population of fewer than 80,000 may have a minimum of 5 members.
(B)A county with more than five supervisors shall have at least the same number of members as the size of its board of supervisors.
(C)This section does not limit the ability of the governing body to increase the number of members above 15.
(2)(A)(i)The board shall serve in an advisory role to the governing body, and one member of the board shall be a member of the local governing body.
(ii)Local behavioral health boards may recommend appointees to the county supervisors.
(iii)The board membership shall reflect the diversity of the client population in the county to the extent possible.
(B)(i)Fifty percent of the board membership shall be consumers, or the parents, spouses, siblings, or adult children of consumers, who are receiving or have received behavioral health services. At least one of these members shall be an individual who is 25 years of age or younger.
(ii)At least 20 percent of the total membership shall be consumers, and at least 20 percent shall be families of consumers.
(C)(i)In a county with a population of 100,000 or more, at least one member of the board shall be a veteran or veteran advocate. In a county with a population of fewer than 100,000, the county shall give a strong preference to appointing at least one member of the board who is a veteran or a veteran advocate.
(ii)To comply with clause (i), a county shall notify its county veterans service officer about vacancies on the board, if the county has a veterans service officer.
(D)(i)In addition to the requirements in subparagraphs (B) and (C), counties are encouraged to appoint individuals who have experience with, and knowledge of, the behavioral health systems.
(ii)This would include members of the community who engage with individuals living with mental illness or substance use disorder in the course of daily operations, such as representatives of county offices of education, large and small businesses, hospitals, hospital districts, physicians practicing in emergency departments, city police chiefs, county sheriffs, and community and nonprofit service providers.
(3)(A)In a county with a population that is fewer than 80,000, at least one member shall be a consumer and at least one member shall be a parent, spouse, sibling, or adult child of a consumer who is receiving, or has received, mental health or substance use disorder treatment services.
(B)Notwithstanding subparagraph (A), a board in a county with a population that is fewer than 80,000 that elects to have the board exceed the five-member minimum permitted under paragraph (1) shall be required to comply with paragraph (2).
(b)(1)The behavioral health board shall review and evaluate the local public mental health system, pursuant to Section 5604.2, and review and evaluate the local public substance use disorder treatment system.
(2)The behavioral health board shall advise the governing body on community mental health and substance use disorder services delivered by the local mental health agency or local behavioral health agency, as applicable.
(c)(1)The term of each member of the board shall be for three years.
(2)The governing body shall equitably stagger the appointments so that approximately one-third of the appointments expire in each year.
(d)If two or more local agencies jointly establish a community mental health service pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the behavioral health board for the community mental health service shall consist of an additional two members for each additional agency, one of whom shall be a consumer or a parent, spouse, sibling, or adult child of a consumer
who has received mental health or substance use disorder treatment services.
(e)(1)Except as provided in paragraph (2), a member of the board or the member’s spouse shall not be a full-time or part-time county employee of a county mental health and substance use disorder service, an employee of the State Department of Health Care Services, or an employee of, or a paid member of the governing body of, a mental health or substance use disorder contract agency.
(2)(A)A consumer of behavioral health services who has obtained employment with an employer described in paragraph (1) and who holds a position in which the consumer does not have an interest, influence, or authority over a financial or contractual matter concerning the employer may be appointed to the board.
(B)The member shall abstain from voting on a financial or contractual issue concerning the member’s employer that may come before the board.
(f)Members of the board shall abstain from voting on an issue in which the member has a financial interest as defined in Section 87103 of the Government Code.
(g)If it is not possible to secure membership as specified in this section from among persons who reside in the county, the governing body may substitute representatives of the public interest in behavioral health who are not full-time or part-time employees of the county behavioral health service, the State Department of Health Care Services, or on the staff of, or a paid member of the governing
body of, a behavioral health contract agency.
(h)The behavioral health board may be established as an advisory board or a commission, depending on the preference of the county.
(i)For purposes of this section, “veteran advocate” means either a parent, spouse, or adult child of a veteran, or an individual who is part of a veterans organization, including the Veterans of Foreign Wars or the American Legion.
Local behavioral health boards are subject to the provisions of Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code, relating to meetings of local agencies.
(a)The local behavioral health board shall do all of the following:
(1)Review and evaluate the community’s public behavioral health needs, services, facilities, and special problems in a facility within the county or jurisdiction where mental health or substance use disorder evaluations or services are being provided, including, but not limited to, schools, emergency departments, and psychiatric facilities.
(2)(A)Review county agreements entered into pursuant to Section 5650.
(B)The local behavioral health board may make recommendations to the governing body regarding concerns identified within these agreements.
(3)(A)Advise the governing body and the local behavioral health director as to any aspect of the local behavioral health systems.
(B)Local behavioral health boards may request assistance from the local patients’ rights advocates when reviewing and advising on mental health or substance use disorder evaluations or services provided in public facilities with limited access.
(4)(A)Review and approve the procedures used to ensure citizen and professional involvement at all stages of the planning process.
(B)Involvement shall include individuals with lived experience of mental illness, substance use disorder, or both, and their families, community members, advocacy organizations, and behavioral health professionals. It shall also include other professionals who interact with individuals living with mental illnesses or substance use disorders on a daily basis, such as education, emergency services, employment, health care, housing, public safety, local business owners, social services, older adults, transportation, and veterans.
(5)Submit an annual report to the governing body on the needs and performance of the county’s behavioral health system.
(6)(A)Review and make recommendations on applicants for the appointment of a local director of behavioral health services.
(B)The board shall be included in the selection process prior to the vote of the governing body.
(7)Review and comment on the county’s performance outcome data and communicate its findings to the California Behavioral Health Planning Council.
(8)This part does not limit the ability of the governing body to transfer additional duties or authority to a behavioral health board.
(b)It is the intent of the Legislature that, as part of its duties pursuant to subdivision (a), the board shall assess the impact of the realignment of services from the state to the county on services delivered to clients and on the local community.
(a)(1)The board of supervisors may pay from available funds the actual and necessary expenses of the members of the behavioral health board of a community mental health service incurred incident to the performance of their official duties and functions.
(2)The expenses may include travel, lodging, childcare, and meals for the members of the board while on official business as approved by the director of the local behavioral health program.
(b)Governing bodies are encouraged to provide a budget for the local behavioral health board using planning and administrative revenues identified in subdivision
(d) of Section 5892, that is sufficient to facilitate the purpose, duties, and responsibilities of the local behavioral health board.
The local behavioral health board shall develop bylaws to be approved by the governing body that shall do all of the following:
(a)Establish the specific number of members on the behavioral health board, consistent with subdivision (a) of Section 5604.
(b)Ensure that the composition of the behavioral health board represents and reflects the diversity and demographics of the county as a whole, to the extent feasible.
(c)Establish that a quorum be one person more than one-half of the appointed members.
(d)Establish
that the chairperson of the behavioral health board be in consultation with the local behavioral health director.
(e)Establish that there may be an executive committee of the behavioral health board.
SEC. 14.
Section 5604 of the Welfare and Institutions Code is amended to read:5604.
(a) (1) Each community mental health service shall have a mental health board consisting of 10 to 15 members, depending on the preference of the county, appointed by the governing body, except that boards in counties with a population of fewer than 80,000 may have a minimum of five members. A county with more than five supervisors shall have at least the same number of members as the size of its board of supervisors. This section does not limit the ability of the governing body to increase the number of members above 15.SEC. 15.
Section 5604 is added to the Welfare and Institutions Code, to read:5604.
(a) (1) (A) Each community mental health service shall have a behavioral health board consisting of 10 to 15 members, depending on the preference of the county, appointed by the governing body, except that a board in a county with a population of fewer than 80,000 may have a minimum of 5 members.SEC. 16.
Section 5604.1 of the Welfare and Institutions Code is amended to read:5604.1.
(a) Local mental health advisory boards shall be subject to the provisions of Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code, relating to meetings of local agencies.SEC. 17.
Section 5604.1 is added to the Welfare and Institutions Code, to read:5604.1.
(a) Local behavioral health boards are subject to the provisions of Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code, relating to meetings of local agencies.SEC. 18.
Section 5604.2 of the Welfare and Institutions Code is amended to read:5604.2.
(a) The local mental health board shall do all of the following:SEC. 19.
Section 5604.2 is added to the Welfare and Institutions Code, to read:5604.2.
(a) The local behavioral health board shall do all of the following:SEC. 20.
Section 5604.3 of the Welfare and Institutions Code is amended to read:5604.3.
(a) The board of supervisors may pay from any available funds the actual and necessary expenses of the members of the mental health board of a community mental health service incurred incident to the performance of their official duties and functions. The expenses may include travel, lodging, childcare, and meals for the members of an advisory board while on official business as approved by the director of the local mental health program.SEC. 21.
Section 5604.3 is added to the Welfare and Institutions Code, to read:5604.3.
(a) (1) The board of supervisors may pay from available funds the actual and necessary expenses of the members of the behavioral health board of a community mental health service incurred incident to the performance of their official duties and functions.SEC. 22.
Section 5604.5 of the Welfare and Institutions Code is amended to read:5604.5.
The local mental health board shall develop bylaws to be approved by the governing body which shall do all of the following:SEC. 23.
Section 5604.5 is added to the Welfare and Institutions Code, to read:5604.5.
The local behavioral health board shall develop bylaws to be approved by the governing body that shall do all of the following:SEC. 19.SEC. 24.
Section 5610 of the Welfare and Institutions Code is amended to read:5610.
(a) Each county mental health system shall comply with reporting requirements developed by the State Department of Health Care Services, in consultation with the California Behavioral Health Planning Council and the Mental Health Services Oversight and Accountability Commission, which shall be uniform and simplified. The department shall review existing data requirements to eliminate unnecessary requirements and consolidate requirements that are necessary. These requirements shall provide comparability between counties in reports.SEC. 20.SEC. 25.
Section 5610 is added to the Welfare and Institutions Code, to read:5610.
(a) (1) Each county behavioral health system shall comply with reporting requirements developed by the State Department of Health Care Services, in consultation with the California Behavioral Health Planning Council and the Behavioral Health Services Oversight and Accountability Commission, which shall be uniform and simplified.SEC. 21.SEC. 26.
Section 5613 of the Welfare and Institutions Code is amended to read:5613.
(a) Counties shall annually report data on performance measures established pursuant to Section 5612 to the local behavioral health board and to the Director of Health Care Services.SEC. 22.SEC. 27.
Section 5614 of the Welfare and Institutions Code is amended to read:5614.
(a) The department, in consultation with the Compliance Advisory Committee that shall have representatives from relevant stakeholders, including, but not limited to, local behavioral health departments, local behavioral health boards and commissions, private and community-based providers, consumers and family members of consumers, local educational agency representatives including, but not limited to, educators and school staff, and advocates, shall establish a protocol for ensuring that local behavioral health departments meet statutory and regulatory requirements for the provision of publicly funded community mental health services provided under this part.SEC. 23.SEC. 28.
Section 5614 is added to the Welfare and Institutions Code, to read:5614.
(a) The department, in consultation with the Compliance Advisory Committee that shall have representatives from relevant stakeholders, including, but not limited to, local behavioral health departments, local behavioral health boards and commissions, private and community-based providers, consumers and family members of consumers, and advocates, shall establish a protocol for ensuring that local behavioral health departments meet statutory and regulatory requirements for the provision of publicly funded community mental health services provided under this part.SEC. 24.SEC. 29.
Section 5664 of the Welfare and Institutions Code is amended to read:5664.
(a) In consultation with the County Behavioral Health Directors Association of California, the State Department of Health Care Services, the Mental Health Services Oversight and Accountability Commission, the California Behavioral Health Planning Council, and the California Health and Human Services Agency, county behavioral health systems shall provide reports and data to meet the information needs of the state, as necessary.SEC. 25.SEC. 30.
Section 5664 is added to the Welfare and Institutions Code, to read:5664.
(a) In consultation with the County Behavioral Health Directors Association of California, the State Department of Health Care Services, the Behavioral Health Services Oversight and Accountability Commission, the California Behavioral Health Planning Council, and the California Health and Human Services Agency, county behavioral health systems shall provide reports and data to meet the information needs of the state, as necessary.SEC. 26.SEC. 31.
Section 5675 of the Welfare and Institutions Code is amended to read:5675.
(a) (1) Mental health rehabilitation centers shall only be licensed by the State Department of Health Care Services subsequent to application by counties, county contract providers, or other organizations.SEC. 27.SEC. 32.
Section 5771.1 of the Welfare and Institutions Code is amended to read:5771.1.
(a) The members of the Mental Health Services Oversight and Accountability Commission established pursuant to Section 5845 are members of the California Behavioral Health Planning Council. They serve in an ex officio capacity when the council is performing its statutory duties pursuant to Section 5772. This membership does not affect the composition requirements for the council specified in Section 5771.SEC. 28.SEC. 33.
Section 5771.1 is added to the Welfare and Institutions Code, to read:5771.1.
(a) The members of the Behavioral Health Services Oversight and Accountability Commission established pursuant to Section 5845 are members of the California Behavioral Health Planning Council.SEC. 29.SEC. 34.
Section 5805 of the Welfare and Institutions Code is amended to read:5805.
(a) The State Department of Health Care Services shall require counties to use available state and matching funds for the client target population as defined in Section 5600.3 to develop a comprehensive array of services as defined in Sections 5600.6 and 5600.7.SEC. 30.SEC. 35.
Section 5805 is added to the Welfare and Institutions Code, to read:5805.
(a) The State Department of Health Care Services shall require counties to use available state and matching funds for clients who meet the criteria specified in subdivision (c) of Section 14184.402, and clients with a substance use disorder, as defined in Section 5891.5, to develop a comprehensive array of services, as defined in Sections 5600.6 and 5600.7, and substance use disorder treatment services, as defined in Section 5891.5.SEC. 31.SEC. 36.
Section 5806 of the Welfare and Institutions Code is amended to read:5806.
The State Department of Health Care Services shall establish service standards that ensure that members of the target population are identified, and services provided to assist them to live independently, work, and reach their potential as productive citizens. The department shall provide annual oversight of grants issued pursuant to this part for compliance with these standards. These standards shall include, but are not limited to, all of the following:SEC. 32.SEC. 37.
Section 5806 is added to the Welfare and Institutions Code, to read:5806.
(a) The State Department of Health Care Services shall establish service standards so that adults and older adults in the target population are identified and receive needed and appropriate services from qualified staff in the least restrictive environment to assist them to live independently, work, and thrive in their communities. This section shall not apply to services covered by the Medi-Cal program and services covered by a health care service plan or other insurance coverage. These standards shall include, but are not limited to, all of the following:SEC. 33.SEC. 38.
Section 5813.5 of the Welfare and Institutions Code is amended to read:5813.5.
Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, “seniors” means older adult persons identified in Part 3 (commencing with Section 5800) of this division.SEC. 34.SEC. 39.
Section 5813.5 is added to the Welfare and Institutions Code, to read:5813.5.
(a) Subject to the availability of funds from the Behavioral Health Services Fund, the state shall distribute funds for the provision of behavioral health services under Sections 5801, 5802, 5806, and 5891.5 to county behavioral health programs. This part does not obligate the counties to use funds from any other source for services pursuant to this part.SEC. 35.SEC. 40.
Section 5813.6 of the Welfare and Institutions Code is amended to read:5813.6.
(a) (1) By July 1 of each year, the Director of Health Care Services shall submit to the Legislature final budget enactment information regarding the expenditure of Proposition 63 funding for each state department, and for each major program category specified in the measure, for local assistance.SEC. 36.SEC. 41.
Section 5830 of the Welfare and Institutions Code is amended to read:5830.
County mental health programs shall develop plans for innovative programs to be funded pursuant to paragraph (6) of subdivision (a) of Section 5892.SEC. 37.SEC. 42.
Section 5830 is added to the Welfare and Institutions Code, to read:5830.
(a) (1) Each county shall establish and administer a program for housing interventions to serve persons who are chronically homeless or experiencing homelessness or are at risk of homelessness, as defined in subdivision (j) of Section 5892, and meet one of the following conditions:(d)(1)Notwithstanding any other law, a capital development project funded pursuant to former paragraph (2) of subdivision (a) of Section 5892 shall be deemed consistent and in conformity with any applicable local plan, standard, or requirement and allowed as a permitted use within the zone in which the structure is located and shall not be subject to a conditional use permit, discretionary permit, or to any other discretionary reviews or approvals.
(2)Notwithstanding any other law, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to a capital development project funded pursuant to paragraph (1) of subdivision (a) of Section 5892 if all of the following requirements are satisfied:
(A)No housing units were acquired by eminent domain.
(B)The housing units will be in decent, safe, and sanitary condition at the time of their occupancy.
(C)Notwithstanding paragraph (1) of subdivision (a) of Section 1720 of the Labor Code, construction of the project constitutes a public works project for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(D)The county obtains an enforceable commitment that all contractors and subcontractors performing work on the project will use a skilled and trained workforce for a proposed rehabilitation, construction, or major alteration in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(E)An acquisition or rehabilitation of housing units is paid for, in whole or part, with public funds.
(F)The project provides housing for individuals who meet the criteria specified in subdivision (a) and their families.
(G)Long-term covenants and restrictions require the housing units to be restricted to persons who meet the criteria specified in subdivision (a) for no fewer than 30 years.
(H)The capital development project does not result in an increase in the existing onsite development footprint of structure, structures, or improvements.
(3)If determined that a capital development project is not subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) pursuant to this section, the county shall file a notice of exemption with the Office of Planning and Research and the county clerk of the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152 of the Public Resources Code.
(4)
(e)
“Low rent housing project,” as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to a project that meets any of the following criteria:
(a)The project meets both of the following criteria:
(1)Is privately owned housing, receiving no ad valorem property tax exemption other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities.
(2)Not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income.
(b)The project is privately owned housing, is not exempt from ad valorem taxation by reason of public ownership, and is not financed with direct long-term financing from a public body.
(c)The project is intended for owner-occupancy, which may include a limited-equity housing cooperative, as defined in Section 50076.5 of the Health and Safety Code, cooperative, or condominium ownership rather than for rental-occupancy.
(d)The project consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites.
(e)The project consists of existing dwelling units leased
by the state public body from the private owner of these dwelling units.
(f)The project consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project or a project previously or currently occupied by lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(g)The project consists of the acquisition, rehabilitation, reconstruction, or improvement, or any combination thereof, of a project that, prior to the date of the transaction to acquire, rehabilitate, reconstruct, or improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households
and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households.
(h)The project consists of the acquisition, rehabilitation, reconstruction, alterations work, or new construction, or a combination thereof, of lodging facilities or dwelling units using moneys received from the Behavioral Health Services Fund established pursuant to subdivision (a) of Section 5890.
(i)This section shall become operative on July 1, 2026, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election.
SEC. 43.
Section 5831 is added to the Welfare and Institutions Code, to read:5831.
(a) (1) Notwithstanding any other law, a capital development project funded, in whole or in part, pursuant to Section 5892 shall be a use by right that shall be subject to the streamlined, ministerial review process, pursuant to subdivision (b), if it meets all of the following criteria:SEC. 39.SEC. 44.
Section 5835 of the Welfare and Institutions Code is amended to read:5835.
(a) This part shall be known, and may be cited, as the Early Psychosis Intervention Plus (EPI Plus) Program to encompass early psychosis and mood disorder detection and intervention.SEC. 40.SEC. 45.
Section 5835 is added to the Welfare and Institutions Code, to read:5835.
(a) This part shall be known, and may be cited, as the Early Psychosis Intervention (EPI) Plus Program to encompass early psychosis and mood disorder detection and intervention.SEC. 41.SEC. 46.
Section 5835.2 of the Welfare and Institutions Code is amended to read:5835.2.
(a) There is hereby established an advisory committee to the commission. The Mental Health Services Oversight and Accountability Commission shall accept nominations and applications to the committee, and the chair of the Mental Health Services Oversight and Accountability Commission shall appoint members to the committee, unless otherwise specified. Membership on the committee shall be as follows:SEC. 42.SEC. 47.
Section 5835.2 is added to the Welfare and Institutions Code, to read:5835.2.
(a) There is hereby established an advisory committee to the commission. The Behavioral Health Services Oversight and Accountability Commission shall accept nominations and applications to the committee, and the chair of the Behavioral Health Services Oversight and Accountability Commission shall appoint members to the committee, unless otherwise specified. Membership on the committee shall be as follows:SEC. 43.SEC. 48.
Section 5840 of the Welfare and Institutions Code is amended to read:5840.
(a) The State Department of Health Care Services, in coordination with counties, shall establish a program designed to prevent mental illnesses from becoming severe and disabling. The program shall emphasize improving timely access to services for underserved populations.SEC. 44.SEC. 49.
Section 5840 is added to the Welfare and Institutions Code, to read:5840.
(a) (1) Each county shall establish and administer an early intervention program that is designed to prevent mental illnesses and substance use disorders from becoming severe and disabling.SEC. 45.SEC. 50.
Section 5840.5 of the Welfare and Institutions Code is amended to read:5840.5.
It is the intent of the Legislature that this chapter achieve all of the following:SEC. 46.SEC. 51.
Section 5840.6 of the Welfare and Institutions Code is amended to read:5840.6.
For purposes of this chapter, the following definitions shall apply:SEC. 47.SEC. 52.
Section 5840.6 is added to the Welfare and Institutions Code, to read:5840.6.
For purposes of this chapter, the following definitions shall apply:SEC. 48.SEC. 53.
Section 5840.7 of the Welfare and Institutions Code is amended to read:5840.7.
(a) On or before January 1, 2020, the commission shall establish priorities for the use of prevention and early intervention funds. These priorities shall include, but are not limited to, the following:SEC. 49.SEC. 54.
Section 5840.7 is added to the Welfare and Institutions Code, to read:5840.7.
(a) The State Department of Health CareSEC. 50.SEC. 55.
Section 5840.8 of the Welfare and Institutions Code is amended to read:5840.8.
(a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the commission may implement this chapter without taking regulatory action until regulations are adopted. The commission may use information notices or related communications to implement this chapter.SEC. 51.SEC. 56.
Section 5845 of the Welfare and Institutions Code is amended to read:5845.
(a) The Mental Health Services Oversight and Accountability Commission is hereby established to oversee Part 3 (commencing with Section 5800), the Adult and Older Adult Mental Health System of Care Act; Part 3.1 (commencing with Section 5820), Human Resources, Education, and Training Programs; Part 3.2 (commencing with Section 5830), Innovative Programs; Part 3.6 (commencing with Section 5840), Prevention and Early Intervention Programs; and Part 4 (commencing with Section 5850), the Children’s Mental Health Services Act. The commission shall replace the advisory committee established pursuant to Section 5814. The commission shall consist of 16 voting members as follows:SEC. 52.SEC. 57.
Section 5845 is added to the Welfare and Institutions Code, to read:5845.
(a) The Behavioral Health Services Oversight and Accountability Commission is hereby established to administer grants, identify key policy issues and emerging best practices, provide technical assistance to counties on implementation planning, training, and capacity building investments, and promote high-quality programs implemented pursuant to Section 5892 through the examination of data and outcomes.SEC. 53.SEC. 58.
Section 5845.5 of the Welfare and Institutions Code is amended to read:5845.5.
In addition to the activities authorized under Section 5845, the commission may establish a fellowship program in accordance with this section for the purpose of providing an experiential learning opportunity for a mental health consumer and a mental health professional.SEC. 54.SEC. 59.
Section 5845.5 is added to the Welfare and Institutions Code, to read:5845.5.
In addition to the activities authorized under Section 5845, the commission may establish a fellowship program in accordance with this section for the purpose of providing an experiential learning opportunity for mental health or substance use disorder consumers and mental health or substance use disorder professionals.SEC. 55.SEC. 60.
Section 5846 of the Welfare and Institutions Code is amended to read:5846.
(a) The commission shall adopt regulations for programs and expenditures pursuant to Part 3.2 (commencing with Section 5830), for innovative programs, and Part 3.6 (commencing with Section 5840), for prevention and early intervention.SEC. 56.SEC. 61.
Section 5847 of the Welfare and Institutions Code is amended to read:5847.
Integrated Plans for Prevention, Innovation, and System of Care Services.SEC. 57.SEC. 62.
Section 5848 of the Welfare and Institutions Code is amended to read:5848.
(a) Each three-year program and expenditure plan and update shall be developed with local stakeholders, including adults and seniors with severe mental illness, families of children, adults, and seniors with severe mental illness, providers of services, law enforcement agencies, education, social services agencies, veterans, representatives from veterans organizations, providers of alcohol and drug services, health care organizations, and other important interests. Counties shall demonstrate a partnership with constituents and stakeholders throughout the process that includes meaningful stakeholder involvement on mental health policy, program planning, and implementation, monitoring, quality improvement, evaluation, and budget allocations. A draft plan and update shall be prepared and circulated for review and comment for at least 30 days to representatives of stakeholder interests and any interested party who has requested a copy of the draft plans.SEC. 58.SEC. 63.
Section 5848.5 of the Welfare and Institutions Code is amended to read:5848.5.
(a) The Legislature finds and declares all of the following:SEC. 59.SEC. 64.
Section 5848.5 is added to the Welfare and Institutions Code, to read:5848.5.
(a) The Legislature finds and declares all of the following:SEC. 60.SEC. 65.
Section 5849.1 of the Welfare and Institutions Code is amended to read:5849.1.
(a) The Legislature finds and declares that this part is consistent with and furthers the purposes of the Mental Health Services Act, enacted by Proposition 63 at the November 2, 2004, statewide general election, within the meaning of Section 18 of that measure.SEC. 61.SEC. 66.
Section 5849.1 is added to the Welfare and Institutions Code, to read:5849.1.
(a) The Legislature finds and declares that this part is consistent with and furthers the purposes of the Mental Health Services Act, enacted by Proposition 63 at the November 2, 2004, statewide general election, within the meaning of Section 18 of that measure.SEC. 62.SEC. 67.
Section 5849.2 of the Welfare and Institutions Code is amended to read:5849.2.
As used in this part, the following definitions shall apply:SEC. 63.SEC. 68.
Section 5849.2 is added to the Welfare and Institutions Code, to read:5849.2.
As used in this part, the following definitions shall apply:SEC. 64.SEC. 69.
Section 5849.3 of the Welfare and Institutions Code is amended to read:5849.3.
(a) There is hereby established the No Place Like Home Program Advisory Committee. Membership on the committee shall be as follows:SEC. 65.SEC. 70.
Section 5849.3 is added to the Welfare and Institutions Code, to read:5849.3.
(a) There is hereby established the No Place Like Home Program Advisory Committee. Membership on the committee shall be as follows:SEC. 66.SEC. 71.
Section 5852.5 of the Welfare and Institutions Code is amended to read:5852.5.
The State Department of Health Care Services, in consultation with the Mental Health Services Oversight and Accountability Commission shall review those counties that have been awarded funds to implement a comprehensive system for the delivery of mental health services to children with serious emotional disturbance and to their families or foster families to determine compliance with either of the following:SEC. 67.SEC. 72.
Section 5852.5 is added to the Welfare and Institutions Code, to read:5852.5.
The State Department of Health Care Services, in consultation with the Behavioral Health Services Oversight and Accountability Commission, shall review those counties that have been awarded funds to implement a comprehensive system for the delivery of mental health and substance use disorder treatment services to children with a serious emotional disturbance and to their families or foster families to determine compliance with either of the following:SEC. 68.SEC. 73.
Section 5868 of the Welfare and Institutions Code is amended to read:5868.
(a) The State Department of Health Care Services shall establish service standards that ensure that children in the target population are identified and receive needed and appropriate services from qualified staff in the least restrictive environment.SEC. 69.SEC. 74.
Section 5868 is added to the Welfare and Institutions Code, to read:5868.
(a) The State Department of Health Care Services shall establish service standards so that children and youth in the target population are identified and receive needed and appropriate services from qualified staff in the least restrictive environment to correct or ameliorate their behavioral health condition. This section shall not apply to services covered by the Medi-Cal program and services covered by a health care service plan or other insurance coverage.SEC. 70.SEC. 75.
Section 5878.1 of the Welfare and Institutions Code is amended to read:5878.1.
(a) It is the intent of this article to establish programs that ensure services will be provided to severely mentally ill children as defined in Section 5878.2 and that they be part of the children’s system of care established pursuant to this part. It is the intent of this act that services provided under this chapter to severely mentally ill children are accountable, developed in partnership with youth and their families, culturally competent, and individualized to the strengths and needs of each child and their family.SEC. 71.SEC. 76.
Section 5878.1 is added to the Welfare and Institutions Code, to read:5878.1.
(a) It is the intent of this article to establish programs that ensure services will be provided to children and youth who meet the criteria specified in subdivision (d) of Section 14184.402, and to children and youth with a substance use disorder, as defined in Section 5891.5, and that they be part of the children and youth system of care established pursuant to this part.SEC. 72.SEC. 77.
Section 5878.2 of the Welfare and Institutions Code is amended to read:5878.2.
(a) For purposes of this article, “children with a serious emotional disturbance” means minors under 18 years of age who meet the criteria set forth in subdivision (a) of Section 5600.3.SEC. 73.SEC. 78.
Section 5878.3 of the Welfare and Institutions Code is amended to read:5878.3.
(a) Subject to the availability of funds as determined pursuant to Part 4.5 (commencing with Section 5890) of this division, county mental health programs shall offer services to severely mentally ill children for whom services under any other public or private insurance or other mental health or entitlement program is inadequate or unavailable. Other entitlement programs include but are not limited to mental health services available pursuant to Medi-Cal, child welfare, and special education programs. The funding shall cover only those portions of care that cannot be paid for with public or private insurance, other mental health funds or other entitlement programs.SEC. 74.SEC. 79.
Section 5878.3 is added to the Welfare and Institutions Code, to read:5878.3.
(a) (1) (A) Subject to the availability of funds, as determined pursuant to Part 4.5 (commencing with Section 5890), county behavioral health programs shall offer services to children and youth who meet the criteria specified in subdivision (d) of Section 14184.402, and to children and youth with a substance use disorder, as defined in Section 5891.5, for whom services under other public or private insurance or other mental health, substance use disorder, or other entitlement program is inadequate or unavailable. Counties are not required to spend funds for services pursuant to this part from any other source, including funds deposited in the mental health account of the local health and welfare fund.(e)
SEC. 75.SEC. 80.
Section 5881 of the Welfare and Institutions Code is amended to read:5881.
(a) Evaluation shall be conducted by participating county evaluation staff and, subject to the availability of funds, by the State Department of Health Care Services and the Mental Health Services Oversight and Accountability Commission.SEC. 76.SEC. 81.
Section 5881 is added to the Welfare and Institutions Code, to read:5881.
(a) Evaluation shall be conducted by participating county evaluation staff and, subject to the availability of funds, by the State Department of Health Care Services and the Behavioral Health Services Oversight and Accountability Commission.SEC. 77.SEC. 82.
Section 5886 of the Welfare and Institutions Code is amended to read:5886.
(a) The Mental Health Student Services Act is hereby established as a mental health partnership grant program for the purpose of establishing mental health partnerships between a county’s mental health or behavioral health departments and school districts, charter schools, and the county office of education within the county.SEC. 78.SEC. 83.
Section 5886 is added to the Welfare and Institutions Code, to read:5886.
(a) The Behavioral Health Student Services Act is hereby established as a mental health partnership grant program for the purpose of establishing mental health partnerships between a county’s mental health or behavioral health departments and school districts, charter schools, and the county office of education within the county.SEC. 79.SEC. 84.
Part 4.1 (commencing with Section 5887) is added to Division 5 of the Welfare and Institutions Code, to read:PART 4.1. Full-Service Partnership
5887.
(a) Each county shall establish and administer a full service partnership program that include the following services:5887.1.
This part shall become operative on July 1, 2026, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election.SEC. 80.SEC. 85.
Section 5890 of the Welfare and Institutions Code is amended to read:5890.
(a) The Mental Health Services Fund is hereby created in the State Treasury. The fund shall be administered by the state. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are, except as provided in subdivision (d) of Section 5892, continuously appropriated, without regard to fiscal years, for the purpose of funding the following programs and other related activities as designated by other provisions of this division:SEC. 81.SEC. 86.
Section 5890 is added to the Welfare and Institutions Code, to read:5890.
(a) (1) The Behavioral Health Services Fund is hereby created in the State Treasury.SEC. 82.SEC. 87.
Section 5891 of the Welfare and Institutions Code is amended to read:5891.
(a) (1) (A) The funding established pursuant to this act shall be utilized to expand mental health services.(e)
(f)
SEC. 83.SEC. 88.
Section 5891 is added to the Welfare and Institutions Code, to read:5891.
(a) (1) (A) The funding established pursuant to this act shall be utilized by counties to expand mental health and substance use disorder treatment services.(j)