An Act To Ensure the Quality of and Increase Access to Recovery Residences
Maine Legislature, Session 129, LD 1523
Committee Amendment CA_A_S240 (Senate)
Amends: 5 MRSA §20001, 5 MRSA §20002, 5 MRSA §20003, 5 MRSA §20005, 5 MRSA §20006-A, 5 MRSA §20009, 22 MRSA §3739, 22-A MRSA §203, 22-A MRSA §206

FffiST REGULAR SESSION 
COMMITTEE AMENDMENT "ft-" to S.P. 472, L.D. 1523, 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 inserting the 
following: 
'Sec. 1. 5 MRSA §20001, as amended by PL 2017, c. 407, Pt. A, §10, is further 
amended to read: 
§20001. Title 
This chapter may be known and cited as the "Maine Substance Use Disorder 
Prevention andi Treatment and Recovery Act." 
Sec. 2. 5 MRSA §20002, sub-§1, as amended by PL 2017, c. 407, Pt. A, §11, is 
further amended to read: 
1. Integrated and comprehensive approach. To adopt an integrated approach to 
the problem of substance use disorder and to focus all the varied resources of the State on 
developing a comprehensive and effective range of substance use disorder prevention 
andi treatment and recovery activities and services; 
Sec. 3. 5 MRSA §20002, sub-§2, as amended by PL 2017, c. 407, Pt. A, §12, 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 substance use disorder prevention andi 
treatment and recovery activities and services; 
Sec. 4. 5 MRSA §20003, sub-§17-B is enacted to read: 
17-B. Person recovering from substance use disorder. "Person recovering from 
substance use disorder" means a person with substance use disorder who is engaged in a 
process attempting to improve the person's health and wellness, live a self-directed life 
and reach the person's full potential. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"/;-" to S.P. 472, L.D. 1523 (__ \ 
Sec. 5. 5 MRSA §20003, sub-§19-A, as enacted by PL 2017, c. 460, Pt. G, §4, is 
amended to read: 
19-A. Recovery support services. "Recovery support services" means services that 
recognize recovery is a process of change through which individuals improve their health 
and wellness, live self-directed lives and strive to reach their full potential, including, but 
not limited to, safe housing, transportation, peer mentoring and coaching and assistance 
with and access to employment services. 
"Recovery support services" may include 
services provided in an integrated medication-assisted treatment setting er_. in a separate 
facility that is staffed by individuals in recovery and that provides services such as 
mentoring, education and resource provision or in a recovery residence. 
Sec. 6. 5 MRSA §20003, sub-§§19-C and 19-D are enacted to read: 
19-C. Recovery. "Recovery." as it pertains to substance use disorder, means a 
process of change through which individuals improve their health and wellness. live self-
directed lives and strive to reach their full potential. 
19-D. Recovery residence. "Recovery residence" means a shared living residence 
for persons recovering from 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 substance use disorder. 
Sec. 7. 5 MRSA §20005, sub-§1, as amended by PL 2017, c. 407, Pt. A, §25, is 
further amended to read: 
1. State Government. Establish the overall plans, policies, objectives and priorities 
for all state substance use disorder prevention afl:G_. 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. 8. 5 MRSA §20005, sub-§5, as amended by PL 2017, c. 407, Pt. A, §25, is 
further amended to read: 
5. Budget. Develop and submit to the Legislature by January 15th of the first year 
of each legislative biennium recommendations for continuing and supplemental 
allocations, deappropriations or reduced allocations and appropriations from all funding 
sources for all state substance use disorder programs. The department shall make final 
recommendations to the Governor before any substance use disorder funds are 
appropriated or deappropriated in the Governor's proposed budget. The department shall 
formulate all budgetary recommendations for the Driver Education and Evaluation 
Programs with the advice, consultation and full participation of the chief executive officer 
of the Driver Education and Evaluation Programs. 
Notwithstanding any other provision of law, funding appropriated and allocated by the 
Legislature for the department for substance use disorder prevention afl:G_. treatment and 
recovery is restricted solely to that use and may not be used for other expenses of the 
department. By January 15th of each year, the commissioner or the commissioner's 
designee shall deliver a report of the budget and expenditures of the department for 
substance use disorder prevention afl:G_. treatment and recovery to the joint standing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f+" to S.P. 472, L.D. 1523{ S' cJ'--\L~ 
committees of the Legislature having jurisdiction over appropriations and financial affairs 
and human resource matters; 
Sec. 9. 5 MRSA §20005, sub-§12, as amended by PL 2017, c. 407, Pt. A, §25, 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 substance use disorder prevention ei:., treatment 
and recovery programs. 
All state agencies must comply with rules adopted by the department regarding uniform 
alcohol and other drug use contracting requirements, formats, schedules, data collection 
and reporting requirements; 
Sec. 10. 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; ana 
Sec. 11. 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 
662b; and 
Sec. 12. 5 MRSA §20005, sub-§22 is enacted to read: 
22. 
Certification of recovery 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 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. 
Sec. 13. 5 MRSA §20006-A, sub-§1, as amended by PL 2017, c. 407, Pt. A, §28, 
is further amended to read: 
1. Alternatives. Propose alternatives to current substance use disorder prevention 
ana., treatment and recovery programs and services; 
Sec. 14. 5 MRSA §20006-A, sub-§2, as amended by PL 2017, c. 407, Pt. A, §29, 
is further amended to read: 
2. Investigate. Conduct investigations and studies of any substance use disorder 
prevention, treatment and recovery program or community service provider operating 
under the control of the department or providing treatment under this chapter through a 
contract with the department under section 20008 that are licensed pursuant to section 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f"t "to S.P. 472, L.D. 1523 ( (,, ',)l\\-;\ 
20024 or any facility funded in whole or in part by municipal, state or local funds, as 
necessary; and 
Sec. 15. 5 MRSA §20009, first 1, as amended by PL 2017, c. 407, Pt. A, §32, is 
further amended to read: 
The department shall plan substance use disorder prevention aad~ treatment and 
recovery activities in the State and prepare and submit to the Legislature the following 
documents: 
Sec. 16. 22 MRSA §3739, sub-§2, 1G, as amended by PL 2017, c. 407, Pt. A, 
§ 79, is further amended to read: 
G. One employee of the organizational unit of the department that provides programs 
and services for substance use disorder prevention aad~ treatment and recovery, 
appointed by the commissioner; 
Sec. 17. 22-A MRSA §203, sub-§1, ,rF, as amended by PL 2017, c. 407, Pt. A, 
§90, is further amended to read: 
F. Substance use disorder prevention aad~ treatment and recovery services. 
Sec. 18. 22-A MRSA §206, sub-§8, as amended by PL 2017, c. 407, Pt. A, §91, 
is further amended to read: 
8. 
Substance use disorder prevention, treatment and recovery. 
The 
commissioner shall administer and carry out the purposes of the Maine Substance Use 
Disorder Prevention aad~ Treatment and Recovery Act. 
Sec. 19. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 5, Part 25, in the Part headnote, the words "substance 
use disorder prevention and treatment" are amended to read "substance use disorder 
prevention, treatment and recovery" and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes. 
Sec. 20. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 5, chapter 521, in the chapter headnote, the words 
"substance use disorder prevention and treatment" are amended to read "substance use 
disorder prevention, treatment and recovery" and the Revisor of Statutes shall implement 
this revision when updating, publishing or republishing the statutes. 
Sec. 21. Rental subsidies for certified recovery residences. The Maine State 
Housing Authority shall develop a pilot project to provide a short-term rental subsidy for 
a person recovering from substance use disorder, as defined in the Maine Revised 
Statutes, Title 5, section 20003, subsection 17-B, to reside in a recovery residence, as 
defined in Title 5, section 20003, subsection 19-D, certified pursuant to Title 5, section 
20005, subsection 22 and that allows medication-assisted treatment. The Maine State 
Housing Authority may adopt rules to implement this section. Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 22. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A-"to S.P. 472,L.D. 1523 ( 
0)·;:::f-V..:) 
Office of Substance Abuse and Mental Health Services Zl99 
Initiative: Provides funding for a contract with a third party to certify substance use 
disorder recovery residences. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2019-20 
$150,000 
$150,000 
2020-21 
$150,000 
$150,000 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
-
SUMMARY 
This amendment, which is the unanimous report of the committee, amends the bill as 
follows. 
1. It makes the definition of "recovery" consistent with the definition of "recovery 
support services." 
2. It allows for a short-term rental subsidy to be provided for a person in recovery so 
that the rental subsidy may be provided to an administrator of the recovery residence not 
only the person in recovery directly. 
3. It removes the requirement that recovery residences provide medication-assisted 
treatment as a condition of receiving a short-term rental subsidy and instead requires that 
the recovery residences must permit medication-assisted treatment. 
4. It makes the Maine State Housing Authority's rule-making authority permissive 
with respect to providing a short-term rental subsidy for a person in recovery. 
5. It removes the appropriations and allocations section so that the short-term rental 
subsidy can be provided within existing budgeted resources. 
6. It removes certain provisions that add "recovery" to "substance. use disorder 
prevention and treatment" that have substantive implications beyond the scope of this 
legislation. 
7. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/04/19 feac. 
LD 1523 
LR 1030(02) 
An Act To Ensure the Quality of and Increase Access to Recovery Residences 
Fiscal Note for Bill as Amended by Committee Amendment '1\" ( .(.,, -J '-\C) 
Committee: Health and Human Services 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2019-20 
FY 2020-21 
$150,000 
$150,000 
$150,000 
$150,000 
Projections 
FY2021-22 
$150,000 
$150,000 
Projections 
FY 2022-23 
$150,000 
$150,000 
The bill includes ongoing General Fund appropriations to the Department of Health and Human Services of$150,000 
beginning in fiscal year 2019-20 for a contract with a third party to certify substance use disorder recovery 
residences. 
Additional costs to the Maine State Housing Authority to develop the required pilot project to provide a short-term 
rental subsidy for a person recovering from a substance abuse disorder can be absorbed within existing budgeted 
resources. 
LR1030(02) - Fiscal Note - Page I of I