STAND. COM. REP. NO. 196-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 2750

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Health & Homelessness, to which was referred H.B. No. 2750 entitled:

"A BILL FOR AN ACT RELATING TO CLEAN AND SOBER HOMES,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require mandatory registration for all clean and sober homes and equitable distribution of clean and sober homes throughout a county;

(2) Require an applicant for a clean and sober homes certificate of registration to obtain written approval from the appropriate county showing the property is in compliance with all land use and zoning ordinances and rules; and

(3) Prohibit the Department of Health from issuing a certificate of registration:

(A) If, in certain counties, no public informational meeting is held with the neighborhood board in the affected community beforehand; and

(B) If a certain number of registered clean and sober homes already exist within a certain mile radius in the affected community.

Your Committee received testimony in support of this measure from five individuals. Your Committee received testimony in opposition to this measure from the Hawaii Substance Abuse Coalition; Habilitat; Hawaii Disability Rights Center; Hawai‘i Health & Harm Reduction Center; Hina Mauka; and seven individuals. Your Committee received comments on this measure from the Department of Health; Department of the Attorney General; and Department of Corrections and Rehabilitation.

Your Committee finds that clean and sober homes provide a supportive and structure environment for individuals recovering from substance abuse or addiction. Your Committee further finds that mandatory registration of these homes may have a negative impact on the ability of existing clean and sober homes to remain in operation and dissuade new homes from opening, because of the additional burden to comply. This could reduce the number of clean and sober homes available statewide.

Your Committee has amended this measure by:

(1) Removing language that would have made the clean and sober homes registry by the Department of Health mandatory; and

(2) Changing the effective date to July 1, 3000, to encourage further discussion.

Your Committee respectfully requests your Committee on Consumer Protection & Commerce, should it deliberate on this measure, to consider incorporating provisions to ensure appropriate community engagement and a robust complaints process, as provided in the Model Recovery Residence Certification Act from the Legislative Analysis and Public Policy Association.

As affirmed by the record of votes of the members of your Committee on Health & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2750, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2750, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health & Homelessness,

____________________________

DELLA AU BELATTI, Chair