An Act To Ensure the Quality of and Increase Access to Recovery Residences
Maine Legislature, Session 128, LD 1682
Committee Amendment CA_A_S411 (Senate)
Amends: 5 MRSA §20001, 5 MRSA §20002, 5 MRSA §20003, 5 MRSA §20005, 22-A MRSA §206

COMMITTEE AMENDMENT "A " to S.P. 618, L.D. 1682, Bill, "An Act To 
Ensure the Quality of and Increase Access to Recovery Residences" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §20001, as enacted by PL 1989, c. 934, Pt. A, §3, is amended to 
read: 
. 15 
§20001. Title 
This chapter may be known and cited as the "Maine Substance Abuse Prevention aad., 
Treatment and Recovery Act." 
Sec. 2. 5 MRSA §20002, sub-§1, as amended by PL 2007, c. 116, §1, is further 
amended to read: 
1. Integrated and comprehensive approach. To adopt an integrated approach to 
the problem of alcohol and other drug abuse and to focus all the varied resources of the 
State on developing a comprehensive and effective range of alcohol and other drug abuse 
prevention aad,. treatment and recovery activities and services; 
Sec. 3. 5 MRSA §20002, sub-§2, as amended by PL 2011, c. 657, Pt. AA, §5, is 
further amended to read: 
2. Coordination of activities and services. To establish within the Department of 
Health and Human Services the responsibility for planning, developing, implementing, 
coordinating and evaluating all of the State's alcohol and other drug abuse prevention aad,. 
treatment and recovery activities and services; 
Sec. 4. 5 MRSA §20003, sub-§17-A is enacted to read: 
17-A. Person recovering from a substance use disorder. "Person recovering from 
a substance use disorder" means an alcoholic. a drug abuser. a drug addict or a 
drug-dependent person. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 618, L.D. 1682 
Sec. 5. 5 MRSA §20003, sub-§19-A is enacted to read: 
19-A. Recovery residence. "Recovery residence" means a shared living residence 
for persons recovering from a substance use disorder that: is focused on peer support; 
provides to its residents an environment free of alcohol and illegal drugs; and assists its 
residents by connecting the residents to support services or resources in the community 
that are available to persons recovering from a substance use disorder. 
Sec. 6. 5 MRSA §20005, sub-§1, as amended by PL 1991, c. 601, §6, is further 
amended to read: 
1. State Government. Establish the overall plans, policies, objectives and priorities 
for all state alcohol and other drug abuse prevention aru:li treatment and recovery 
functions, except the prevention of drug traffic and the State Employee Assistance 
Program established pursuant to Title 22, chapter 254-A; 
Sec. 7. 5 MRSA §20005, sub-§12, as amended by PL 2011, c. 657, Pt. AA, §20, 
is further amended to read: 
12. Rules. Adopt rules, in accordance with the Maine Administrative Procedure Act, 
necessary to carry out the purposes of this chapter and approve any rules adopted by state 
agencies for the purpose of implementing alcohol or drug abuse prevention eF., treatment 
or recovery programs. 
All state agencies must comply with rules adopted by the department regarding uniform 
alcohol and other drug abuse contracting requirements, formats, schedules, data 
collection and reporting requirements; 
Sec. 8. 5 MRSA §20005, sub-§20, as amended by PL 2005, c. 674, §1, is further 
amended to read: 
20. Review policies. Review the full range of public policies and strategies existing 
in State Government to identify changes that would strengthen its response, identify 
policies that might discourage excessive consumption of alcohol and other drugs and 
generate new funding for alcohol and other drug services; ai*1 
Sec. 9. 5 MRSA §20005, sub-§21, as enacted by PL 2005, c. 674, §2, is amended 
to read: 
21. List of banned performance-enhancing substances. Develop and maintain a 
list of banned performance-enhancing substances in accordance with Title 20-A, section 
6621,; and 
Sec. 10. 5 MRSA §20005, sub-§22 is enacted to read: 
22. 
Certification of recoverv residences. 
Establish by rule criteria for the 
certification of recovery residences. 
The criteria for the certification of recovery 
residences must be based on criteria for recovery residences developed by a nationally 
recognized organization that supports persons recovering from a substance use disorder. 
Certification of a recovery residence pursuant to this subsection is voluntary. Rules 
adopted pursuant to this subsection are routine technical rules as defined in chapter 375, 
subchapter 2-A. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" As" to S.P. 618, L.D. 1682 
Sec. 11. 5 MR.SA §20008, first ,r, as amended by PL 2011, c. 657, Pt. AA, §26, 
is further amended to read: 
The department shall establish and provide for the implementation of a 
comprehensive and coordinated program of alcohol and drug abuse prevention arul .. 
treatment and recovery in accordance with subchapters 2 and 3 and the purposes of this 
Act. The program must include the following elements. 
Sec. 12. 5 MR.SA §20009, first ,r, as amended by PL 2011, c. 657, Pt. AA, §29, 
is further amended to read: 
The department shall plan alcohol and drug abuse prevention alid.. treatment and 
recovery activities in the State and prepare and submit to the Legislature the following 
documents: 
Sec. 13. 5 MR.SA §20022, first ,r, as amended by PL 2011, c. 657, Pt. AA, §31, 
is further amended to read: 
As part of its comprehensive prevention arul .. treatment and recovery program, the 
department shall operate an information clearinghouse and oversee, support and 
coordinate a resource center within the Department of Education. 
The information 
clearinghouse and resource center constitute a comprehensive reference center of 
information related to the nature, prevention and treatment of and recovery from alcohol 
and other drug abuse. In fulfillment of the requirement of this section, the resource center 
may be located within the Department of Education and may operate there pursuant to a 
memorandum of agreement between the departments. Information must be available for 
use by the general public, political subdivisions, public and private nonprofit agencies 
and the State. 
Sec. 14. 5 MR.SA §20041, sub-§1, as amended by PL 2011, c. 657, Pt. AA, §34, 
is further amended to read: 
1. Data collection; sources. The department shall collect data and use information 
from other sources to evaluate or provide for the evaluation of the impact, quality and 
value of alcohol and drug abuse prevention activities, treatment facilities, recovery 
services and other alcohol and other drug abuse programs. 
Sec. 15. 5 MR.SA §20041, sub-§2, as amended by PL 1991, c. 601, §20, is 
further amended to read: 
2. Content of evaluation. Any evaluation of treatment facilities must include, but is 
not limited to, administrative adequacy and capacity, policies and treatment planning and 
delivery. 
Alcohol and drug abuse prevention alid .. treatment and recovery services 
authorized by this Act and by the following federal laws and amendments that relate to 
drug abuse prevention must be evaluated: 
A. The Drug Abuse Office and Treatment Act of 1972, 21 United States Code, 
Section 1101 et seq. (1982); 
B. The Community Mental Health Centers Act, 42 United States Code, Section 2688 
et seq. (1982); 
C. The Public Health Service Act, 42 United States Code, Section 1 et seq. (1982); 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~ "to S.P. 618, L.D. 1682 
D. The Vocational Rehabilitation Act, 29 United States Code, Section 701 et seq. 
(1982); 
E. The Social Security Act, 42 United States Code, Section 301 et seq. (1982); and 
F. 
The federal Comprehensive Alcohol Abuse and Alcoholism Prevention, 
Treatment and Rehabilitation Act of 1970, Public Law 91-616 (1982) and similar 
Acts. 
Sec. 16. 22-A MRSA §206, sub-§8, as enacted by PL 2007, c. 539, Pt. N, §45, is 
amended to read: 
8. Substance abuse prevention, treatment and recovery. The commissioner shall 
administer and carry out the purposes of the Maine Substance Abuse Prevention aad.,_ 
Treatment and Recovery Act. 
Sec. 17. Rental subsidies for certified recovery residences. The Maine State 
Housing Authority shall develop a pilot project to provide a short-term rental subsidy to a 
person recovering from a substance use disorder, as defined in the Maine Revised 
Statutes, Title 5, section 20003, subsection 17-A, to reside in a recovery residence 
certified pursuant to Title 5, section 20005, subsection 22. Rules adopted pursuant to this 
section are routine technical rules as defmed in Title 5, chapter 375, subchapter 2-A. 
Sec. 18. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 5, Part 25, in the Part headnote, the words "substance 
abuse prevention and treatment" are amended to read "substance abuse prevention, 
treatment and recovery" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes. 
Sec. 19. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 5, chapter 521, in the chapter headnote, the words 
"substance abuse prevention and treatment" are amended to read "substance abuse 
prevention, treatment and recovery" and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes. 
Sec. 20. Appropriations and allocations. The following appropriations and 
allocations are made. 
HOUSING AUTHORITY, MAINE STATE 
Rental Subsidies for Certified Recovery Residences N277 
Initiative: Provides one-time funds for rental subsidies for certified recovery residences. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2017-18 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
$100,000 
$100,000 
COMMITTEE AMENDMENT "A "to S.P. 618, L.D.1682 
SUMMARY 
This amendment, which is the majority report of the committee, adds definitions of 
"person recovering from a substance use disorder" and "recovery residence" and directs 
the Department of Health and Human Services to establish a voluntary certification 
process for recovery residences. It also directs the Maine State Housing Authority to 
create a pilot project to provide a short-term rental subsidy to a person recovering from a 
substance use disorder to reside in a certified recovery residence. 
It also adds recovery to substance abuse prevention and treatment in the context of 
activities and services under the laws addressing alcohol and drug abuse. It also adds an 
appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/05/18 Mac. 
LD 1682 
LR2521(02) 
An Act To Ensure the Quality of and Increase Access to Recovery Residences 
Fiscal Note for Bill as Amended by Committee Amendment"~' (S- 4 \\) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
Projections 
FY 2019-20 
Projections 
FY 2020-21 
Net Cost (Savings} 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
$0 
$0 
$100,000 
$0 
$100,000 
$0 
This bill includes a one-time General Fund appropriation of$100,000 in fiscal year 2018-19 to the Maine State 
Housing Authority to develop a pilot project to provide short-term rental subsidies for persons recovering from a 
substance use disorder to reside in a certified recovery residence. 
Any additional costs to the Department of Health and Human Services to implement the provisions of this bill are 
expected to be minor and can be absorbed within existing budgeted resources. 
LR2521(02) - Fiscal Note - Page 1 of 1 
$0 
$0