Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 485 (2025GS)

Sponsor

Rep. Fitisemanu, Jake

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms; and
• requires regulated residential facilities to:
• notify nearby property owners and residents before beginning operations; and
• provide contact information for a designated representative to neighboring residents.

Every vote on this bill

Bill text

3
26B-2-117
Residential Notification Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jake Fitisemanu
Senate Sponsor: 
LONG TITLE
General Description:
This bill amends provisions related to licensing requirements for residential treatment 
programs.
Highlighted Provisions:
This bill:
defines terms; and
requires residential facilities to:
notify nearby property owners and residents before beginning operations; and
provide contact information for a designated representative to neighboring residents.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-2-117
, as renumbered and amended by Laws of Utah 2023, Chapter 305
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-2-117
 is amended to read:
26B-2-117. Licensing residential treatment programs and recovery residences -- 
Notification of local government.
(1)
As used in this section, "residential facility" means:
(a)
a residential treatment program;
(b)
a residential support program;
(c)
a recovery residence; or
(d)
a facility that provides social detoxification services.
(1)
(2)
(a)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking 
Act
, the office shall make rules that establish categories of residential treatment and 
recovery residence licenses based on differences in the types of residential treatment 
programs and recovery residences.
(b)
The categories referred to in Subsection 
(1)(a)
(2)(a)
 may be based on differences in:
(i)
services offered;
(ii)
types of clients served;
(iii)
risks posed to the community; or
(iv)
other factors that make regulatory differences advisable.
(2)
(3)
Subject to the requirements of federal and state law, and pursuant to the authority 
granted by Section 
26B-2-104
, the office shall establish and enforce rules that:
(a)
relate generally to all categories of residential treatment program and recovery 
residence licenses; and
(b)
relate to specific categories of residential treatment program and recovery residence 
licenses on the basis of the regulatory needs, as determined by the office, of 
residential treatment programs and recovery residences within those specific 
categories.
(3)
(4)
(a)
Beginning July 1, 2014, the office shall charge an annual licensing fee, set by 
the office in accordance with the procedures described in Section 
63J-1-504
, to a 
recovery residence in an amount that will pay for the cost of the licensing and 
inspection requirements described in this section and in Section 
26B-2-104
.
(b)
The office shall deposit the licensing fees described in this section in the General 
Fund as a dedicated credit to be used solely to pay for the cost of the licensing and 
inspection requirements described in this section and in Section 
26B-2-104
.
(4)
(5)
Before submitting an application for a license to operate a residential treatment 
program, the applicant shall serve notice of 
its
the applicant's
 intent to operate a 
residential treatment program on the governing body of:
(a)
the city in which the residential treatment program will be located; or
(b)
if the residential treatment program will be located in the unincorporated area of a 
county, the county in which the residential treatment program will be located.
(6)
At least 30 days before beginning to provide services, a residential facility shall provide 
notice of the facility's intent to begin operations to each property located within 300 feet 
of the location where the residential facility will be located by:
(a)
mailing notice to the property or residence; or
(b)
attaching notice to the main entrance of the property or residence.
(5)
(7)
(a)
The notice described in Subsection 
(4)
(5)
 shall include the following 
information relating to the residential treatment program:
(a)
(i)
an accurate description of the residential treatment program;
(b)
(ii)
the location where the residential treatment program will be operated;
(c)
(iii)
the services that will be provided by the residential treatment program;
(d)
(iv)
the type of clients that the residential treatment program will serve;
(e)
(v)
the category of license for which the residential treatment program is 
applying to the office;
(f)
(vi)
the name, telephone number, and address of a person that may be contacted 
to make inquiries about the residential treatment program; and
(g)
(vii)
any other information that the office may require by rule.
(b)
The notice described in Subsection (5) shall include the following information 
relating to the residential facility:
(i)
the location where the residential facility will be operated;
(ii)
a description of the residential facility's treatment focus;
(iii)
the date the residential facility intends to begin operations; and
(iv)
the name and contact information of a designated representative for the 
residential facility who shall respond to inquiries or concerns from neighboring 
residents regarding the residential facility.
(6)
(8)
When submitting an application for a license to operate a residential treatment 
program, the applicant shall include with the application:
(a)
a copy of the notice described in Subsection 
(4)
(5)
; and
(b)
proof that the applicant served the notice described in Subsection 
(4)
(5)
 on the 
governing body described in Subsection 
(4)
(5)
.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-12-25 12:01 PM