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Att. 5 - Text of Enrolled Senate Bill 490 - Alcohol and Drug Programs.docx

San Clemente City Council
September 15, 2026

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Att. 5 - Text of Enrolled Senate Bill 490 - Alcohol and Drug Programs.docx
Meeting
September 15, 2026
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San Clemente City Council
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Text extracted from the city's file for reading and search. Open the original on san-clemente.legistar1.com. That file is the official record.

September 18, 2026The Honorable Gavin Newsom Governor, State of California 1021 O Street, Ste. 9000 Sacramento, CA 95814SB 490 (Umberg) Alcohol and drug programs. (As Amended 08/21/2026)Notice of Request for Signature Dear Governor Newsom, The City of San Clemente writes to request your signature on SB 490 (Umberg), which would enhance the oversight and enforcement of existing state licensing laws for alcohol and drug treatment facilities. Residential recovery housing provides a range of benefits to some of California’s most vulnerable residents, and it is critical that their needs are prioritized over profits. Compliance with state licensing laws administered by the Department of Health Care Services (DHCS) is essential to safeguard residents’ well-being and maintain quality care. Existing state law prohibits any drug and alcohol treatment facility that provides recovery, treatment, or detoxification services from operating without first obtaining a valid license from DHCS. Compliance with these state licensing laws is essential to safeguard the well-being and safety of residents in sober living homes. A 2024 state audit revealed that DHCS has not consistently investigated allegations of unlicensed facilities providing or advertising treatment services. The department has often failed to conduct site visits and follow-ups to ensure illegal operations have stopped. In one example highlighted in the audit, DHCS substantiated an allegation that an unlicensed facility was unlawfully providing services. However, the audit found no indication that the department followed up to verify the facility’s claim that it had ceased operations, nor did it conduct a site visit to confirm compliance. To address these gaps, the auditor recommended that DHCS improve the timeliness of inspections and complaint investigations, conduct more site visits, and establish follow-up procedures to ensure unlicensed facilities cease unlawful operations. In the report, the auditor explained that these changes were needed because: “When Health Care Services does not follow up to ensure that unlicensed facilities cease operations, those facilities may continue to provide potentially hazardous services to residents without any assurance of the qualifications of its staff and the safety of residents and their environments.”SB 490 would implement these recommendations by requiring DHCS to meet specific timelines for investigating allegations of unlicensed treatment services. If the department fails to meet these deadlines, counties could work with the department to conduct site visits and enforce licensure laws. SB 490 also requires DHCS to conduct follow-up site visits to ensure unlawful activity has stopped. The City of San Clemente has an interest in ensuring that facilities operating in our community comply with applicable state licensing requirements. When an unlicensed facility provides treatment services that require state licensure, unclear or delayed enforcement can allow potential violations to continue and create broader impacts on residents, neighborhoods, and local services. SB 490 would help close that enforcement gap and support safe, responsible recovery services within the community.By setting clear timelines and expectations for investigations and follow-up, the bill improves accountability and outcomes using existing infrastructure and resources. Importantly, SB 490 empowers local governments to partner with the state to conduct site inspections and enforce licensing laws. This collaboration allows the state to leverage local capacity to respond swiftly to violations, ensure compliance, and better protect public health and safety. SB 490 would help ensure recovery housing meets standards for patient care, which is central to effective treatment outcomes and community wellbeing. For these reasons, the City of San Clemente is pleased to support SB 490 (Umberg) and respectfully requests your signature on the measure.Respectfully,Rick Loeffler, MayorSeptember 18, 2026The Honorable Gavin Newsom Governor, State of California 1021 O Street, Ste. 9000 Sacramento, CA 95814SB 490 (Umberg) Alcohol and drug programs. (As Amended 08/21/2026)Notice of Request for Signature Dear Governor Newsom, The City of San Clemente writes to request your signature on SB 490 (Umberg), which would enhance the oversight and enforcement of existing state licensing laws for alcohol and drug treatment facilities. Residential recovery housing provides a range of benefits to some of California’s most vulnerable residents, and it is critical that their needs are prioritized over profits. Compliance with state licensing laws administered by the Department of Health Care Services (DHCS) is essential to safeguard residents’ well-being and maintain quality care. Existing state law prohibits any drug and alcohol treatment facility that provides recovery, treatment, or detoxification services from operating without first obtaining a valid license from DHCS. Compliance with these state licensing laws is essential to safeguard the well-being and safety of residents in sober living homes. A 2024 state audit revealed that DHCS has not consistently investigated allegations of unlicensed facilities providing or advertising treatment services. The department has often failed to conduct site visits and follow-ups to ensure illegal operations have stopped. In one example highlighted in the audit, DHCS substantiated an allegation that an unlicensed facility was unlawfully providing services. However, the audit found no indication that the department followed up to verify the facility’s claim that it had ceased operations, nor did it conduct a site visit to confirm compliance. To address these gaps, the auditor recommended that DHCS improve the timeliness of inspections and complaint investigations, conduct more site visits, and establish follow-up procedures to ensure unlicensed facilities cease unlawful operations. In the report, the auditor explained that these changes were needed because: “When Health Care Services does not follow up to ensure that unlicensed facilities cease operations, those facilities may continue to provide potentially hazardous services to residents without any assurance of the qualifications of its staff and the safety of residents and their environments.”SB 490 would implement these recommendations by requiring DHCS to meet specific timelines for investigating allegations of unlicensed treatment services. If the department fails to meet these deadlines, counties could work with the department to conduct site visits and enforce licensure laws. SB 490 also requires DHCS to conduct follow-up site visits to ensure unlawful activity has stopped. The City of San Clemente has an interest in ensuring that facilities operating in our community comply with applicable state licensing requirements. When an unlicensed facility provides treatment services that require state licensure, unclear or delayed enforcement can allow potential violations to continue and create broader impacts on residents, neighborhoods, and local services. SB 490 would help close that enforcement gap and support safe, responsible recovery services within the community.By setting clear timelines and expectations for investigations and follow-up, the bill improves accountability and outcomes using existing infrastructure and resources. Importantly, SB 490 empowers local governments to partner with the state to conduct site inspections and enforce licensing laws. This collaboration allows the state to leverage local capacity to respond swiftly to violations, ensure compliance, and better protect public health and safety. SB 490 would help ensure recovery housing meets standards for patient care, which is central to effective treatment outcomes and community wellbeing. For these reasons, the City of San Clemente is pleased to support SB 490 (Umberg) and respectfully requests your signature on the measure.Respectfully,Rick Loeffler, MayorCelebrating 90 Years of IncorporationCelebrating 90 Years of IncorporationOffice of the Mayor and City CouncilRick LoefflerMayorSteve KnoblockMayor Pro TemVictor CabralMark EnmeierZhen WuCity ManagerAndy Hall910 Calle NegocioSan Clemente, CA 92673Phone: (949) 361-8200“The Spanish Village by the Sea”Office of the Mayor
and City CouncilRick LoefflerMayorSteve KnoblockMayor Pro TemVictor CabralMark EnmeierZhen WuCity ManagerAndy Hall910 Calle NegocioSan Clemente, CA 92673Phone: (949) 361-8200“The Spanish Village by the Sea”
September 18, 2026
The Honorable Gavin Newsom
Governor, State of California
1021 O Street, Ste. 9000
Sacramento, CA 95814
SB 490 (Umberg) Alcohol and drug programs. (As Amended 08/21/2026) Notice of Request for Signature
Dear Governor Newsom,
The City of San Clemente writes to request your signature on SB 490 (Umberg), which would enhance the oversight and enforcement of existing state licensing laws for alcohol and drug treatment facilities.

Residential recovery housing provides a range of benefits to some of California’s most vulnerable residents, and it is critical that their needs are prioritized over profits. Compliance with state licensing laws administered by the Department of Health Care Services (DHCS) is essential to safeguard residents’ well-being and maintain quality care.

Existing state law prohibits any drug and alcohol treatment facility that provides recovery, treatment, or detoxification services from operating without first obtaining a valid license from DHCS. Compliance with these state licensing laws is essential to safeguard the well-being and safety of residents in sober living homes.

A 2024 state audit revealed that DHCS has not consistently investigated allegations of unlicensed facilities providing or advertising treatment services. The department has often failed to conduct site visits and follow-ups to ensure illegal operations have stopped. In one example highlighted in the audit, DHCS substantiated an allegation that an unlicensed facility was unlawfully providing services. However, the audit found no indication that the department followed up to verify the facility’s claim that it had ceased operations, nor did it conduct a site visit to confirm compliance.

To address these gaps, the auditor recommended that DHCS improve the timeliness of inspections and complaint investigations, conduct more site visits, and establish follow-up procedures to ensure unlicensed facilities cease unlawful operations. In the report, the auditor explained that these changes were needed because: “When Health Care Services does not follow up to ensure that unlicensed facilities cease operations, those facilities may continue to provide potentially hazardous services to residents without any assurance of the qualifications of its staff and the safety of residents and their environments.” SB 490 would implement these recommendations by requiring DHCS to meet specific timelines for investigating allegations of unlicensed treatment services. If the department fails to meet these deadlines, counties could work with the department to conduct site visits and enforce licensure laws. SB 490 also requires DHCS to conduct follow-up site visits to ensure unlawful activity has stopped.

The City of San Clemente has an interest in ensuring that facilities operating in our community comply with applicable state licensing requirements. When an unlicensed facility provides treatment services that require state licensure, unclear or delayed enforcement can allow potential violations to continue and create broader impacts on residents, neighborhoods, and local services. SB 490 would help close that enforcement gap and support safe, responsible recovery services within the community.

By setting clear timelines and expectations for investigations and follow-up, the bill improves accountability and outcomes using existing infrastructure and resources. Importantly, SB 490 empowers local governments to partner with the state to conduct site inspections and enforce licensing laws. This collaboration allows the state to leverage local capacity to respond swiftly to violations, ensure compliance, and better protect public health and safety.

SB 490 would help ensure recovery housing meets standards for patient care, which is central to effective treatment outcomes and community wellbeing. For these reasons, the City of San Clemente is pleased to support SB 490 (Umberg) and respectfully requests your signature on the measure.

Respectfully,
Rick Loeffler, Mayor
September 18, 2026
The Honorable Gavin Newsom
Governor, State of California
1021 O Street, Ste. 9000
Sacramento, CA 95814
SB 490 (Umberg) Alcohol and drug programs. (As Amended 08/21/2026) Notice of Request for Signature
Dear Governor Newsom,
The City of San Clemente writes to request your signature on SB 490 (Umberg), which would enhance the oversight and enforcement of existing state licensing laws for alcohol and drug treatment facilities.

Residential recovery housing provides a range of benefits to some of California’s most vulnerable residents, and it is critical that their needs are prioritized over profits. Compliance with state licensing laws administered by the Department of Health Care Services (DHCS) is essential to safeguard residents’ well-being and maintain quality care.

Existing state law prohibits any drug and alcohol treatment facility that provides recovery, treatment, or detoxification services from operating without first obtaining a valid license from DHCS. Compliance with these state licensing laws is essential to safeguard the well-being and safety of residents in sober living homes.

A 2024 state audit revealed that DHCS has not consistently investigated allegations of unlicensed facilities providing or advertising treatment services. The department has often failed to conduct site visits and follow-ups to ensure illegal operations have stopped. In one example highlighted in the audit, DHCS substantiated an allegation that an unlicensed facility was unlawfully providing services. However, the audit found no indication that the department followed up to verify the facility’s claim that it had ceased operations, nor did it conduct a site visit to confirm compliance.

To address these gaps, the auditor recommended that DHCS improve the timeliness of inspections and complaint investigations, conduct more site visits, and establish follow-up procedures to ensure unlicensed facilities cease unlawful operations. In the report, the auditor explained that these changes were needed because: “When Health Care Services does not follow up to ensure that unlicensed facilities cease operations, those facilities may continue to provide potentially hazardous services to residents without any assurance of the qualifications of its staff and the safety of residents and their environments.” SB 490 would implement these recommendations by requiring DHCS to meet specific timelines for investigating allegations of unlicensed treatment services. If the department fails to meet these deadlines, counties could work with the department to conduct site visits and enforce licensure laws. SB 490 also requires DHCS to conduct follow-up site visits to ensure unlawful activity has stopped.

The City of San Clemente has an interest in ensuring that facilities operating in our community comply with applicable state licensing requirements. When an unlicensed facility provides treatment services that require state licensure, unclear or delayed enforcement can allow potential violations to continue and create broader impacts on residents, neighborhoods, and local services. SB 490 would help close that enforcement gap and support safe, responsible recovery services within the community.

By setting clear timelines and expectations for investigations and follow-up, the bill improves accountability and outcomes using existing infrastructure and resources. Importantly, SB 490 empowers local governments to partner with the state to conduct site inspections and enforce licensing laws. This collaboration allows the state to leverage local capacity to respond swiftly to violations, ensure compliance, and better protect public health and safety.

SB 490 would help ensure recovery housing meets standards for patient care, which is central to effective treatment outcomes and community wellbeing. For these reasons, the City of San Clemente is pleased to support SB 490 (Umberg) and respectfully requests your signature on the measure.

Respectfully,
Rick Loeffler, Mayor
Celebrating 90 Years of Incorporation
Celebrating 90 Years of Incorporation
Office of the Mayor
and City Council
Rick Loeffler
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier
Zhen Wu
City Manager
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
Office of the Mayor
and City Council
Rick Loeffler
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier
Zhen Wu
City Manager
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
_______________________________
Kathleen Ward
Mayor, City of San Clemente
City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org Attachment 5

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