Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1282

Introduced by Senator Bates
(Coauthors: Assembly Members Chen and Kiley)

February 18, 2022

An act relating to homeless services. An act to add Division 10.85 (commencing with Section 11999.14) to the Health and Safety Code, relating to opioids.


LEGISLATIVE COUNSEL'S DIGEST


SB 1282, as amended, Bates. Homelessness: addiction treatment and prevention: funding. Opioid Master Settlement Agreement.
Existing law, the California Uniform Controlled Substances Act, classifies opioids as Schedule II controlled substances and imposes various restrictions on the prescription of those drugs. Existing law requires the State Department of Public Health, subject to an appropriation in the Budget Act of 2016, to award grant funding for naloxone, or another approved opioid antagonist, to local health departments, local government agencies, or other specified entities, in order to reduce the rate of fatal overdose from opioid drugs, including heroin and prescription opioids.
This bill would establish the California Opioid Settlement Fund in the State Treasury, and would require the total amount of the state’s share of funds received pursuant to the Master Settlement Agreement, defined to mean the National Opioid Settlement Agreement announced on February 25, 2022, by the Attorney General of the State of California between California and other states and the leading United States opioid product manufacturers, to be deposited in the fund. The bill would require distribution of funds from the fund to be made by annual appropriation of the Legislature consistent with the requirements of this bill, to the extent permissible under the terms of the Master Settlement Agreement, including a requirement that at least 60% of the funds appropriated be used to provide addiction-related services for people who are homeless or at risk of becoming homeless and priority shall be given to certain activities, including, among others, creating new, or expanding existing, substance use disorder treatment facilities.

Existing law establishes various programs to provide housing and necessary services for persons experiencing homelessness, including the Emergency Housing and Assistance Program and the Homeless Youth Act of 2018.

This bill would declare the intent of the Legislature, to the extent permissible under the terms of the 2021 Multistate Opioid Settlement Agreement, to require relevant state and local departments to consider the use of funds received under that settlement for the treatment and prevention of addiction within the homeless population, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 (a)The Legislature finds and declares that the availability of opioid settlement funds provided to the state and to local health departments represents a unique opportunity for significant investment in preventing and addressing addiction in California’s homeless population.

(b)It is the intent of the Legislature, to the extent permissible under the terms of the 2021 Multistate Opioid Settlement Agreement, to require relevant state and local departments to consider the use of those funds received under that settlement for the treatment and prevention of addiction within the homeless population. The funds may be used for purposes including, but not limited to, the following:

(1)Expanding proven housing programs that address root causes of homelessness, including those programs that require sobriety as a condition of participation.

(2)Creating new or expanded substance use disorder treatment facilities within the Behavioral Health Continuum Infrastructure Program.

(3)Covering new operating costs for expanded substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program.

(4)Securing housing for at-risk-of-addiction foster youth.

(5)Covering wraparound treatment costs within homeless housing programs.

(6)Diverting certain individuals with addictions from the justice system directly into treatment, including by providing training and resources to first and early responders.

(7)Increasing school-based interventions to prevent drug addiction in vulnerable youth.

SEC. 2.

 Division 10.85 (commencing with Section 11999.14) is added to the Health and Safety Code, to read:

DIVISION 10.85. Opioid Master Settlement Agreement

11999.14.
 (a) As used in this division, the following definitions apply:
(1) “Fund” means the California Opioid Settlement Fund.
(2) “Master Settlement Agreement” means the National Opioid Settlement Agreement announced on February 25, 2022, by the Attorney General of the State of California between California and other states and the leading United States opioid product manufacturers, Cardinal, McKesson, AmerisourceBergen, and Johnson & Johnson.
(3) “State’s share of funds” means that portion of payments received from the Master Settlement Agreement designated for use by the state and local jurisdictions in California.
(b) Nothing in this division is intended to limit expenditures for programs to the amount provided by the fund.

11999.15.
 (a) The California Opioid Settlement Fund is hereby established in the State Treasury.
(b) The total amount of the state’s share of funds received pursuant to the Master Settlement Agreement shall be deposited in the fund.

11999.16.
 (a) Distribution of funds from the fund shall be made by annual appropriation of the Legislature consistent with the requirements of this division to the extent permissible under the terms of the Master Settlement Agreement.
(b) At least 60 percent of the funds appropriated from the fund shall be used to provide addiction-related services for people who are homeless or at risk of becoming homeless.
(c) No more than 10 percent of all funds appropriated from the fund each year may be used on mass media campaigns.
(d) Priority shall be given to appropriations of funds from the fund for all of the following activities:
(1) Create new, or expand existing, substance use disorder treatment facilities within the Behavioral Health Continuum Infrastructure Program.
(2) Operate substance use disorder treatment facilities.
(3) Divert people with opioid addiction from the justice system directly into addiction-specialized treatment.
(4) Provide and fund training and resources to first and early responders encountering opioid-related emergencies.
(5) Secure and fund housing for at-risk-of-addiction foster youth.
(6) Secure and fund wraparound treatment costs within homeless housing programs for individuals who are experiencing homelessness and addiction to opioids or are at risk of addiction to opioids.
(7) Expand programs that treat people simultaneously experiencing homelessness and opioid addiction, including programs that insist on sobriety as a condition of participation.
(8) Increase school-based interventions to prevent drug addiction in vulnerable and at-risk-of-addiction youth.