January 2023 Sneak Peek at California Leg. Proposals

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Updated Jan. 15, 2023

A quick look at the year ahead – January 15, 2023

Governor Newsom’s January proposal for the FY 2023-24 budget includes a $93 million increase in Opioid Settlement Fund spending for naloxone distribution, fentanyl education and testing, and $4 million to support innovative approaches to make fentanyl test strips and naloxone more widely available. The Governor’s revised budget will be released in May, and the Administration and the Legislature will work through June to finalize. 

Even though California lawmakers have until Feb. 17 to introduce new bills for 2023, several interesting proposals have already been filed. Both parties have introduced fentanyl “task force” bills (SB 19 Seyarto-R and AB 33 Bains-D). Another proposal, SB 67 (Seyarto-R) , would require suspected or actual CA overdoses to be reported to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program. 

In the realm of public education, SB 10 (Cortese-D) would require opioid antagonist training for school staff and establish the State Working Group on Fentanyl Education in Schools to collaborate with the Department of Education to develop a School Training and Resource Guide for Opioid Overdose Prevention and Treatment. On a related note, AB 19 (Patterson-R) would require public schools to maintain at least two doses of naloxone or another opioid antagonist. 

Senator Wiener’s (D-San Francisco) SB 58 would decriminalize possession of small amounts of psilocybin, DMT, ibogaine and mescaline for personal or “facilitated” use by persons 21 or older.  

Fentanyl / Overdoses

SB 19 (Seyarto-R) – Would establish the Anti-Fentanyl Abuse Task Force to be chaired by the Attorney General. Task force would have its first meeting no later than March 1, 2024 and would report its findings and recommendations to the AG, the Governor and the Legislature by July 1, 2025. Sunsets Jan. 1, 2026

AB 33 (Bains-D) – Would state the intent of the Legislature to enact legislation relating to a fentanyl task force and would state the intent of the Legislature that any future appropriation made for the purpose of implementing the task force not exceed an unspecified dollar amount.

SB 62 (Nguyen-R) – Enhanced sentencing for fentanyl. Would impose additional sentencing term and a fine for a defendant who violates existing laws with respect to a substance containing fentanyl.

SB 67 (Seyarto-R) – Would require emergency medical providers and peace officers to report suspected or actual overdoses to the California Emergency Medical Services Authority and require the Authority to report data to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program.

AB 18 (Patterson-R) / SB 13 (Ochoa Bogh-R) / SB 44 (Umberg-D…Clinton’s Drug Czar) – All three bills share identical language re: a written advisory to defendants on the danger of controlled substances and liability for manufacture and distribution of controlled substances illegally in cases of death. It’s possible these are spot (placeholder) bills that the authors will eventually amend with more specific language (or a different proposal altogether). Current text of all three bills reads:

This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above crimes to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies as a result of that action, the manufacturer or distributor can be charged with voluntary manslaughter or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of the conviction.

Public school treatment and prevention

SB 10 (Cortese-D) – Would require opioid antagonist training for school staff and establish the State Working Group on Fentanyl Education in Schools to collaborate with the Department of Education to develop a School Training and Resource Guide for Opioid Overdose Prevention and Treatment.

AB 19 (Patterson-R) – Would require public schools to maintain at least two doses of naloxone or another opiod antagonist.

Drug policy / criminal law

SB 58 (Wiener-D) – Decriminalization of possession of small amounts of psilocybin, DMT, ibogaine and mescaline for personal or “facilitated” use by persons 21 or older.

SB 46 (Roth-D) – Would amend the Substance Abuse and Crime Prevention Act of 2000 (Proposition 36 adopted by voters to place nonviolent offenders on parole and probation. Would remove the requirement that there be a reasonable cause to believe that the defendant will not abuse controlled substances in the future in order to be considered as having successfully completed treatment.

SB 70 (Wiener-D) – Would amend existing las prohibiting a health care service plan or insurance policy from limiting or excluding coverage for “off-label” drug prescriptions if certain conditions are met. This bill would expand the law by prohibiting limiting or excluding coverage of a dose of a drug or dosage that is “off-label.”

2023 End of Year Summary

Updated Sept. 4, 2022

Signed and Chaptered in 2022

AB 666 (Quirk-Silva) – Substance use disorder workforce development — This bill, the Combating the Overdose and Addiction Epidemic by Building the Substance Use Disorder Workforce (CODE W) Act, requires the department, on or before July 1, 2023, to issue a statewide substance use disorder (SUD) workforce needs assessment report that evaluates the current state of the SUD workforce, determines barriers to entry into the SUD workforce, and assesses the state’s systems for regulating and supporting the SUD workforce.

AB 1598 (Fentanyl test strip exemption from paraphernalia prohibitions) — This bill makes testing equipment (including fentanyl test strips) for fentanyl, ketamine, gamma hydroxybutyric acid or any analog of fentanyl legal.

AB 2473 (Nazarian) – Substance use disorders: counselors (min. requirements)  — This bill requires the CA Department of Health Care Services to specify requirements, including core competencies, for registered and certified substance use counselors, as specified. The bill would require core competency requirements for registered and certified substance use counselors to include, at a minimum, specified elements, including understanding the Diagnostic and Statistical Manual of Mental Disorders and clinical documentation. The bill would prohibit hour requirements for registered counselors from being lower than the hour requirements for certified peer support specialists. The bill would prohibit the department from implementing several of these provisions before July 1, 2025. The bill would exempt counselors in good standing from several requirements, as specified, if certain criteria are met. The California Consortium of Addiction Programs and Professions (CCAPP) in an oppose position states that as currently written the bill will dramatically impact a workforce that already faces critical shortages.

SB 349 (Umberg, Davies, Kahlra) – California Ethical Treatment for Persons with Substance Use Disorder Act (See Governor’s Office April 13, 2022 Press Release) — This bill creates the California Ethical Treatment for Persons with Substance Use Disorder Act to provide protection for substance use disorder treatment clients and their families.

AB 666 (Quirk-Silva) – Substance use disorder workforce development — This bill, the Combating the Overdose and Addiction Epidemic by Building the Substance Use Disorder Workforce (CODE W) Act, would require the department, on or before July 1, 2023, to issue a statewide substance use disorder (SUD) workforce needs assessment report that evaluates the current state of the SUD workforce, determines barriers to entry into the SUD workforce, and assesses the state’s systems for regulating and supporting the SUD workforce. Signed by Governor March 9, 2022.

AB 2365 (Patterson, Lackey, Seyarto, Wilk) - Fentanyl program grants — This bill would require the California Health and Human Services Agency to establish a grant program to reduce fentanyl overdoses and use throughout the state by giving out 6 one-time grants to increase local efforts in education, testing, recovery, and support services. The bill would require the participating entities to provide the agency with specified information on the results of the program and would require the agency to report those results to the Legislature and Governor’s office on or before January 1, 2026.

AB 2581 (Salas) - mental health and substance use disorders: provider credentials — For managed healthcare (HMO) contracts with providers issued, amended, or renewed on and after January 1, 2023, this bill would require a health care service plan that provides coverage for mental health and substance use disorders and credentials health care providers of those services for the health care service plan’s networks, to assess and verify the qualifications of a health care provider within 60 days after receiving a completed provider credentialing application.

SB 1165 (Substance abuse and mental health services: advertisement and marketing) — This bill prohibits operators of licensed alcohol and drug treatment facilities or programs from making or providing false or misleading statements or information about medical treatments or services offered in their marketing, advertising material, media, or social media presence or on internet websites.

AJR 17 (Waldron): Assembly Joint Resolution on Military behavioral health care — Assembly Joint Resolution to urge the the President of the United States, the United States Congress, and the United States Department of Veterans Affairs to take all measures to ensure that military veterans can access necessary treatment for mental health and substance abuse disorders in a timely manner, ensuring veterans the level of care to which their honorable service to our country entitles them.

Vetoed by Governor

AB 552 (Quirk-Silva) - Integrated School-Based Behavioral Health Partnership Program — This bill would authorize the Integrated School-Based Behavioral Health Partnership Program to provide prevention and early intervention for, and access to, behavioral health services for pupils. See veto message here.

SB 57 (Wiener) - Overdose prevention program (“safe injection site”) pilot programs. This bill would, until January 1, 2028, authorize the City and County of San Francisco, the County of Los Angeles, the City of Los Angeles, and the City of Oakland to approve entities to operate overdose prevention programs for persons that satisfy specified requirements, including, among other things, providing a hygienic space supervised by trained staff where people who use drugs can consume preobtained drugs, providing sterile consumption supplies, providing access or referrals to substance use disorder treatment, and that program staff be authorized and trained to provide emergency administration of an opioid antagonist, as defined by existing law. See veto message here.

SB 999 (Low) - Health coverage: substance use disorders — The bill would require a health care service plan and a disability insurer, and an entity acting on a plan’s or insurer’s behalf, to ensure compliance with specific requirements for utilization review, including that a health care service plan and a disability insurer or an entity acting on the plan’s or insurer’s behalf, maintain telephone access during California business hours for a health care provider to request authorization for mental health and substance use disorder care and conduct peer-to-peer discussions regarding specific issues related to treatment. See veto message here.

Not moving forward this session (2021-2022)

AB 1098 (Daly) - Recovery residences
AB 1343 (Cooper) - Controlled substances: CURES database (exempt MAT from CURES in treatment program context) 
AB 1928 (McCarty) – Hope California: Secured Residential Treatment Pilot Program
AB 2150 (Lackey, Cooley) - Cannabis research
AB 2259 (Berman) – Foster youth: Substance used disorders
AB 2733 (Choi) – Parolee substance use disorder treatment
AB 2818 (Waldron) – Substance use disorder treatment workforce expansion
SB 57 (Overdose Prevention Programs) in Assembly Public Safety Committee
From Governor’s veto message: I have long supported the cutting edge of harm reduction strategies. However, I am acutely concerned about the operations of safe injection sites without strong, engaged local leadership and well-documented, vetted, and thoughtful operational and sustainability plans.
SB 519 (Weiner, Kamlager, Newman, Lee, Low, Quirk, Wicks) - Controlled substances: decriminalization of certain hallucinogenic substances
From an Aug. 13, 2022 Sacramento Bee article: Through an opaque amendment process, the Appropriations Committee removed the heart of the proposal, sending what amounts to a legislative middle-finger to veterans and people with debilitating mental health issues and addiction disorders who would’ve benefited. The process was so bizarre that a full day elapsed before Wiener found out what happened, let alone why. It could take additional days before the amendments are made public…There was no organized opposition, bipartisan support, and public polling that showed 58% of California voters supported decriminalizing psychedelics.
SB 568 (Pan) - Deductibles: chronic disease management
SB 1154 (Eggman) – Substance use disorder crisis: database
SB 1282 (Chen, Kiley) – Opioid Master Settlement Agreement
SB 1303 (Jones) – Conservatorships: serious mental illness and substance use disorders: counties

January 2022 Update

(As of Jan. 25, 2022)

February 18, 2022 is the deadline for Legislative members to introduce new bills. For that reason, there is not much to report at the moment. This is an even year, which means this is the second year of the Legislature’s two-year session. Two notable bills introduced in 2021 are moving again.

Senator Wiener’s overdose prevention program (“safe injection site”) proposal was heard in the Assembly Health Committee and moved to the Assembly Public Safety Committee. The bill (SB 57) has been amended to include a study to evaluate the pilot programs.

The workforce development bill for the substance use disorder treatment industry (AB 666) is being considered by the Senate Appropriations Committee and has been amended to authorize the newly established Department of Health Care Access and Information to implement the SUD workforce development program.

See below for details. 

Bill: SB 57 (Wiener, D-San Francisco) - Overdose prevention program

Description: The bill would allow for the establishment of pilot “overdose prevention programs” (OPPs) in Los Angeles, San Francisco and Oakland. Specifically, SB 57 would allow approved entities to operate programs that provide “hygienic space supervised by trained staff where people who can use drugs can consume pre-obtained drugs, sterile consumption supplies, access or referrals to substance use disorder treatment” and staff trained to use an opioid antagonist such as naloxone to clients experiencing an overdose. The bill would also exempt staff from civil, criminal and professional liability for services provided at the sites.

This proposal was introduced in 2021 and passed the Senate but did not make it out of the Assembly. In January 2022 it was heard by the Senate Health Committee and amended to include a provision requiring local jurisdictions who chose to participate in the Program to select (and provide funding for) an independent entity to conduct a peer reviewed study to examine outcomes and community impact. The study must be submitted to the Legislature by Jan. 15, 2027.

Status: Heard in the Assembly Health Committee, amended, and referred to the Assembly Committee on Public Safety January 18, 2022.

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Bill: AB 666 (Quirk-Silva, D-Fullerton) - Substance Use Disorder Treatment Workforce Development

Description: Would require the Department of Health Care Services to develop a substance use disorder (SUD) workforce needs assessment report that evaluates the current state of the SUD workforce, determines barriers to entry, and assesses the state’s systems for regulating and supporting the SUD workforce. It also permits the Department of Health Care Access and Information, subject to an appropriation from the Legislature for these purposes, to implement an SUD workforce development program. As originally introduced in 2021, the bill would have funded the program with $9 million from the state’s $573 million settlement with McKinsey & Company over the consulting firm’s role in the opioid crisis.

The bill was introduced in 2021, passed the Assembly, but was held in the Senate. In January 2022, the bill was amended to, among other things, authorize the Department of Health Care Access and Information to implement the SUD workforce development program.

Status: Currently with Senate Appropriations Committee.

The Fiscal Year 2022-23 State Budget

One key piece of legislation every year is the State Budget. How the state spends the revenue it takes in is a clear reflection of public policy priorities. Constitutional deadlines require the governor to submit a proposal in January for the next fiscal year, followed by a revised version in May. The work then falls on the Legislature to finalize the next fiscal year’s budget by the end of June, which marks the end of the current fiscal year.

Governor Newsom released his January proposal for the fiscal year 2022-23 budget earlier this month. Several sections of the proposed budget include funding for substance use disorder treatment and prevention:

Medi-Cal Community-Based Mobile Crisis Services – The American Rescue Plan Act of 2021 authorizes federal matching funds for a Medicaid mobile crisis response services benefit. Under the current budget proposal, the state’s Department of Health Care Services will add multi-disciplinary mobile response services for crises related to mental health and substance use disorders as a new Medi-Cal benefit, as soon as January 1, 2023, to help reduce the impact of untreated behavioral health conditions on emergency departments and psychiatric facilities. Over the five-year period authorized by the Act, total costs of this new benefit are projected to be $1.4 billion ($335 million from the General Fund). According to the budget summary, “this benefit builds on the $205 million and other funds the 2021 Budget Act provided to counties for infrastructure development in preparation for the implementation of the mobile crisis benefit.”

Integrated Substance Use Disorder Treatment Program (prison MAT and cognitive therapy) – The 2019 Budget Act included resources for Department of Corrections and Correctional Health Care Services to implement the Integrated Substance Use Disorder Treatment (ISUDT) Program. This program was designed to provide an interconnected series of treatments and interventions to help incarcerated individuals with substance use disorders. Since the ISUDT Program was implemented in January 2020, nearly 14,000 patients have been provided access to medication-assisted treatment (MAT) and approximately 5,700 patients received cognitive behavioral interventions. The proposed 2022-23 budget includes $126.6 million General Fund dollars in 2022-23, and $162.5 million ongoing, to expand the ISUDT Program and enhance the Department’s ability to treat individuals with substance use disorders.

Proposition 47 Savings — In November 2014, voters passed Proposition 47, which requires misdemeanor rather than felony sentencing for certain property and drug crimes and permits incarcerated persons previously sentenced for these reclassified crimes to petition for resentencing. Proposition 47 established a fund to invest savings from reduced prison utilization to prevention and support community programs. The Department of Finance estimates net General Fund savings of $147.3 million in 2022-23. These funds will be allocated according to the formula specified in the initiative, which requires 65 percent be allocated for grants to public agencies to support various recidivism reduction programs (such as mental health and substance use treatment services).

Expanding the Care Economy Workforce – The proposed 2022-23 budget includes a one-time $1.7 billion investment over three years in care economy workforce development—across both the Labor and Workforce Development Agency (Labor Agency) and California Health and Human Services Agency (CalHHS)—that will create more innovative and accessible opportunities to recruit, train, hire, and advance an ethnically and culturally inclusive health and human services workforce, with improved diversity, wages, and health equity outcomes. Targeting opioid treatment, $26 million to train providers to build out the substance use disorder (SUD) workforce with a focus on opioid treatment. Funding will be used to increase the number of licensed clinicians, including providers focused on addiction. Funding will also provide supportive employment services to people with SUD issues to transition them into ongoing employment.

Updated Allocation of the Cannabis Tax Fund – Proposition 64 specifies the allocation of resources in the Cannabis Tax Fund, which are continuously appropriated. The first priority is for regulatory and administrative activities, with remaining funds allocated to youth education, prevention, early intervention, and treatment; environmental protection; and public safety-related activities. The proposed 2022-23 budget projects 60 percent of these remaining funds ($356.9 million) will go to education, prevention, and treatment of youth substance use disorders and school retention.

2021 End of Year Summary

Updated October 26, 2021

Harm Reduction

Bill: AB 1344 (Arambula, D-Fresno) - California Environmental Quality Act (CEQA) Exemption for Needle and Syringe Exchange Services

Description: Exempts needle and syringe exchange programs from review under CEQA. According to the author, “SEPs are a cost-effective strategy instituted to slow the spread of deadly and disabling conditions. They have a proven track record of reducing the transmission of many deadly diseases, including HIV and hepatitis C.”

Status: Signed by Governor and Chaptered (10/04/2021)

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Bill: SB 57 (Wiener, D-San Francisco) - Overdose prevention program

Description: Would have allowed for the establishment of pilot “overdose prevention programs” (OPPs) in Los Angeles, San Francisco and Oakland. Specifically, SB 57 would have allowed approved entities to operate programs that provide “hygienic space supervised by trained staff where people who can use drugs can consume pre-obtained drugs, sterile consumption supplies, access or referrals to substance use disorder treatment” and staff trained to use an opioid antagonist such as naloxone to clients experiencing an overdose. The bill would have also exempted staff from civil, criminal and professional liability for services provided at the sites.

Status: Held in the Assembly

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Bill: SB 73 (Wiener, D-San Francisco) - Probation eligibility for crimes related to controlled substances

Description: Permits a court to grant probation for specified drug offenses which are currently ineligible for probation. According to an October 6, 2021 article in The Hill, the bill was state legislators' fourth attempt at such a proposal. Previous versions in 2018 and 2019 failed due to opposition from law enforcement groups. The proposal was put on hold in 2020 when the COVID-19 pandemic forced lawmakers to pare down their legislative agendas.

Status: Signed by Governor and Chaptered (10/05/2021)

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Bill: SB 110 (Wiener, D-San Francisco) - Contingency Management Services Medi-Cal Option for Substance Use Disorder Treatment

Description: Would have required substance use disorder services provided under Medi-Cal (the state’s Medicaid program) to include contingency management (CM) services as an optional benefit. Contingency management is a type of behavioral therapy that uses incentives to reinforce desired behavior. Incentives typically include vouchers, small amounts of money or tokens that can be exchanged for rewards.

Status: Vetoed by Governor (10/08/2021)

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Bill: SB 367 (Hurtado, D-Sanger) - Opioid Overdose Reversal Medication Required on Public College Campuses

Description: Would have required California Community Colleges and California State University campuses (and requested the University of California) to distribute a federally approved opioid overdose reversal medication to students and to provide educational and preventive information about opioid overdose and reversal medication.  

Status: Held in Assembly

Treatment Industry

Bill: AB 381 (Davies, R-Laguna Niguel) - Licensed Facilities Required to Maintain Opioid Overdose Medication

Description: Will require licensed addiction treatment facilities to maintain at least two unexpired doses of naloxone or any other approved opioid antagonist on the premises and have at least one staff members on site who has been trained to use the mediation. The bill requires the California Department of Health Care Services to adopt regulations to implement these provisions on or before July 1, 2024.  

Status: Signed by Governor and Chaptered (10/1/2021)

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Bill: AB 541 (Berman, D-Menlo Park) - Treatment Facilities and Programs Required to Provide Tobacco Assessment and Treatment

Description: Requires licensed facilities or certified programs to assess a patient or client for the use of tobacco products at the time of initial intake and to provide information and treatment (or a referral to treatment) if the patient or client has a tobacco use disorder.

Status: Signed by Governor and Chaptered (8/31/2021)

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Bill: AB 666 (Chiu, D-San Francisco) - Substance Use Disorder Treatment Workforce Development

Description: would have required the Department of Health Care Services (DHCS) to conduct a needs assessment for the substance use disorder (SUD) treatment workforce, determine barriers to entry and implement a SUD workforce development program “to support a career ladder for the SUD workforce.”   

Specifically, the bill would have required DHCS to deliver a report on the SUD workforce needs assessment study by July 1, 2022, and to implement a workforce development program no later than January 1, 2024. Under the proposal, the work would have been paid for with $9 million from the state’s $573 million settlement with McKinsey & Company over the consulting firm’s role in the opioid crisis.

Status: Held in the Senate

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Bill: AB 1158 (Petrie-Norris, D-Laguna Beach) - Substance Use Disorder and Mental Health Services Advertising and Marketing Practices

Description: Requires a licensee operating an alcoholism or drug abuse recovery or treatment facility and serving more than 6 residents to maintain specified insurance coverages, including, among others, commercial general liability insurance and employer’s liability insurance. The bill would require a licensee that serves 6 or fewer residents to maintain general liability insurance coverage.

Status: Signed by Governor and Chaptered (10/1/2021)

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Bill: SB 434 (Bates, R-Laguna Niguel) - Insurance Coverage Requirements for Substance Use Disorder Treatment Facilities and Recovery Residences

Description: Prohibits entities licensed or certified by the state to provide substance use or mental health disorder services from making false statements or providing false information in advertising or marketing. The proposal was named “Brandon’s Law” after Brandon Nelson who died in 2018 at an unlicensed rehab home promising services it did not provide.

Specifically, SB 434 prohibits an operator of a licensed alcoholism or drug abuse recovery or treatment facility, a certified alcohol or other drug program, and a licensed mental health rehabilitation center, psychiatric health facility, or social rehabilitation facility, from engaging in various acts, including making a false or misleading statement about the entity’s products, goods, services, or geographical locations. The bill would also prohibit a picture, description, staff information, or the location of an entity from being included on an internet website along with false contact information that surreptitiously directs the reader to a business that does not have a contract with the entity.

Status: Signed by Governor and Chaptered (10/1/2021)

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Bill: SB 541 (Bates, R-Laguna Niguel) - Substance Use Disorder Treatment Facilities and Programs: Disclosure of License and Certification Status

Description: Requires an entity licensed or certified by the Department of Health Care Services to provide substance use disorder treatment services to disclose information about its license or certification.

Status: Signed by Governor and Chaptered (10/8/2021)

Patient/Client Rights

Bill: SB 221 (Weiner, D-San Francisco) - Timely Access to Care

Description: Requires health plans and insurers to provide patients with timely follow-up care for mental health and substance use disorders and will go into effect July 1, 2022. Specifically, the bill codifies existing timely access to care standards for health plans and health insurers, applies these requirements to Medi-Cal managed care plans, adds a standard for non-urgent follow-up appointments for nonphysician mental health care or substance use disorder providers that is within 10 business days of the prior appointment, and prohibits contracting providers and employees from being disciplined for informing patients about timely access standards.

Status: Signed by Governor and Chaptered (10/8/2021)

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Bill: SB 349 (Umberg, D-Orange county) - California Ethical Treatment for Persons with Substance Use Disorder Act (Client/Patient Bill of Rights)

Description: Would have required a SUD treatment provider to adopt a client bill of rights for persons receiving treatment for a SUD, and to make the bill of rights available to all clients and prospective clients. The proposal also would have established requirements and prohibitions related to the marketing and advertising practices of SUD treatment providers.

Status: Held in Assembly.

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Bill: AB 1542 (McCarty, D-Sacramento) - Secured Residential Treatment Program - Yolo County

Description: would have authorized California’s Yolo county to offer a pilot Secured Residential Treatment Program for individuals suffering from substance use disorders (SUDs) who have been convicted of “drug-motivated” felony crimes.

Specifically, the bill would have required a judge to offer a defendant voluntary participation in the pilot program as an alternative to a jail or prison sentence otherwise imposed, if the defendant’s crime was caused in whole or in part by the defendant’s SUD, the crime was not a sex crime, serious or violent felony, or nonviolent drug possession, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the health and human services agency of the county that the defendant’s participation would be appropriate.

Status: Vetoed by Governor (10/8/2021).

Alcohol Sales

Bill: AB 239 (Weiner, D-San Francisco) - Winegrower and brandy manufacturers’ sales

Description: Will allow winegrowers and brandy manufacturers to sell and deliver to consumers in containers supplied, furnished, or sold by the consumer away from their licensed premises.

Status: Signed by Governor and Chaptered (9/22/2021)

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Bill: SB 314 (Weiner, D-San Francisco) - Expanded alcohol catering authorization for restaurants

Description: This bill authorizes the Department of Alcohol Beverage Control (ABC) to, for 365 days from the date the Covid-19 state of emergency is lifted, allow licensees to continue to exercise license privileges in an expanded licensed area authorized pursuant to a Covid-19 temporary catering authorization. The bill also allows a licensed manufacturer to share a common licensed area with multiple licensed retailers. Finally, this bill increases the number of times, from 24 to 36 in a calendar year, that the Department of ABC can issue a caterer’s permit for use at any one location.

Status: Vetoed by Governor (10/8/2021).

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Bill: SB 389 (Dodd, D-Napa) - “To go” alcohol sales privileges for restaurants

Description: This bill authorizes, until December 31, 2026, licensees for restaurants to sell alcohol for off-site consumption if the beverages are in manufacturer-prepackaged containers, and ordered and picked up by the consumer. This bill also authorizes a licensee to sell some alcohol for off-site consumption that are not in manufacturer-prepackaged containers if specified conditions are met.

Status: Signed by the Governor and Chaptered (10/8/2021).

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Bill: SB 793 (Weiner, D-San Francisco) - Establishment of a new “music venue” alcoholic beverage sales license

Description: Would have authorized the Department of Alcoholic Beverage Control (ABC) to issue a music venue license that would allow the licensee to sell beer, wine, and distilled spirits for consumption on the premises in a music entertainment facility, as defined; and authorizes specified alcohol licensees to sell alcoholic beverages for consumption within an entertainment zone, as defined.

Status: Ordered to inactive file at request of the author (6/2/2021)