Bill Text: NH HB1521 | 2024 | Regular Session | Amended
Bill Title: Relative to recovery houses.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2024-06-07 - Conference Committee Report: Not Filed House Journal 15 [HB1521 Detail]
Download: New_Hampshire-2024-HB1521-Amended.html
HB 1521 - AS AMENDED BY THE SENATE
28Mar2024... 0902h
05/22/2024 1968s
2024 SESSION
24-2609
10/08
HOUSE BILL 1521
AN ACT relative to recovery houses.
SPONSORS: Rep. Potenza, Straf. 19; Rep. Germana, Ches. 1; Rep. Mazur, Hills. 44; Rep. Comtois, Belk. 7
COMMITTEE: Executive Departments and Administration
-----------------------------------------------------------------
AMENDED ANALYSIS
This bill makes changes to the definition of recovery house and specifies how a recovery house ought to be treated when interpreting zoning ordinances.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
28Mar2024... 0902h
05/22/2024 1968s 24-2609
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to recovery houses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Recovery House; Definition. Amend RSA 153:10-d, II to read as follows:
II. In this section, "recovery house" means a [residence] primarily non-transient dwelling or dwelling unit that provides a safe, healthy, [family-like,] substance-free living environment that supports individuals in recovery from addiction living as a single household and is centered on peer support and a connection to services that promote long-term recovery; provided that "recovery housing" shall not include a boarding house, a rooming house, a halfway house, or any other facility requiring a license pursuant to RSA 151.
2 New Paragraph; Purposes of Zoning Ordinances; Recovery Houses. Amend RSA 674:17 by inserting after paragraph IV the following new paragraph:
V. A recovery house, as defined in RSA 153:10-d, II, that is located within a single-family, 2-family, or multi-family structure shall be treated in every zoning ordinance as a single-family, 2-family, or multi-family use, respectively, and shall not be subject to permitting or approval processes that a zoning ordinance or other land use regulation adopted under this title does not similarly require of other such uses. Use of an existing multi-family structure as a recovery house under this paragraph shall not require site plan review. A recovery house shall also be allowed in any zone that allows any form of inn or hotel, as defined by RSA 353:7, III, and shall be subject to the same regulations the municipality applies to multi-family residences. For purposes of this paragraph, a recovery house shall be certified pursuant to RSA 172-B:2, V(a)(2) or shall be actively pursuing certification and achieve certification within one year after beginning operations. For a recovery house to be included under this paragraph, its operator shall first provide written notification to the local governing body at least 30 days prior beginning operations, and the local governing body may seek to ensure that the recovery house is either certified or seeking certification, as well as to ensure that the requirements of RSA 153 and RSA 155-A are met. For any recovery house seeking to operate in a municipality which already has recovery houses containing at least 40 beds or a number of beds equal to or greater than the population of that municipality as estimated by the department of business and economic affairs, office of planning and development, multiplied by 0.004, whichever is greater, operation may not begin until an affirmative vote by the legislative body of the municipality, such vote to be held within 60 days of the filing of the application and a record of which shall be provided to the department at the beginning of the certification process. The number of recovery house beds per municipality shall be compiled and maintained by the department.
3 Effective Date. This act shall take effect 60 days after its passage.
