Amendment vs bill Amendment: #2025-3105s vs Introduced

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SB 298-FN - AS INTRODUCED SESSION 25-1166 05/02 SENATE BILL 298-FN AN ACT relative to sober living house certification and operational standards.
Senate Executive Departments and Administration December 3, 2025 2025-3105s 05/08 Amendment to SB 298-FN Amend the title of the bill by replacing it with the following:
SPONSORS:
3 AN ACT relative to certification of recovery residences.
Sen.
5 Amend the bill by replacing all after the enacting clause with the following:
Avard, Dist 12 COMMITTEE:
7 1 New Paragraph;
Executive Departments and Administration ───────────────────────────────────────────────────────────────── ANALYSIS This bill requires sober living houses to be certified by the New Hampshire Coalition of Recovery Residents, to verify resident eligibility, and to retain a paid house manager.
Alcoholism and Alcohol Abuse;
The bill provides enforcement authority to the municipality in which the house is located and to the department of health and human services.
Definitions.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation:
Amend RSA 172-B:1 by inserting after paragraph XIII the following new paragraph:
Matter added to current law appears in bold italics.
XIII-a.
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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
"Recovery residence" means a home-like environment for individuals recovering from substance use disorder that provides an alcohol-free and drug-free living environment or any business holding themselves out as recovery housing, sober living, or a recovery residence.
SB 298-FN - AS INTRODUCED 25-1166 05/02 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT relative to sober living house certification and operational standards.
2 Alcoholism and Alcohol Abuse;
Be it Enacted by the Senate and House of Representatives in General Court convened:
Provision of Services;
1 New Chapter;
Acceptance Into Treatment.
Planning and Zoning;
Amend RSA 172-B:2, V-VII to read as follows:
Sober Living House Certification and Operational Standards.
V.(a) The commissioner shall adopt rules, pursuant to RSA 541-A, relative to establishing and providing for the administration of a [voluntary registration] certification program for operators of [certified] recovery residences [housing seeking registration] in the state of New Hampshire.
Amend RSA by inserting after chapter 674 the following new chapter:
The rules developed for the administration of the [registration] certification program shall include:
CHAPTER 674-A SOBER LIVING HOUSE CERTIFICATION AND OPERATIONAL STANDARDS 674-A:1 Definitions.
(1) A process for receiving complaints against certified recovery residences [housing operators].
(2) A process for certification by a certifying entity designated by the commissioner that is based on nationally recognized standards including, but not limited to, documents to show the recovery [house] residence meets minimum safety and recovery standards including, but not limited to health, building, zoning, and fire inspection approvals, proof of insurance, resident agreement, emergency procedures, and policies and procedures addressing grievances, non-discrimination, code of ethics, and safe storage of medication.
(3) Criteria by which the department may revoke certification of [exclude] a residence [from the list] if the frequency or severity of complaints received supports a determination that the recovery [housing] residence at issue does not maintain standards or provide an environment that appropriately supports recovery.
(4) Resident rights, a certificate of certification, and grievance procedures shall be posted within the residence for residents to review.
Amendment to SB 298-FN - Page 2 - (5) Enforcement actions, including the administration of fines, and suspension or revocation of certification for failing to comply with this chapter and the rules adopted thereunder.
(6) The process for establishment of recovery residences.
VI.
The department shall prepare, publish, and disseminate a list of all certified recovery residences, to be publicly published [housing pursuant to paragraph V].
A state agency or vendor with a state or federally funded contract that is providing treatment or recovery support services to a person shall not refer the person to a recovery [housing] residence unless the recovery [housing] residence is certified pursuant to paragraph V.
VII.(a) The commissioner or designee shall designate an entity to serve as the certifying body for a [voluntary] certification program for recovery residences based upon nationally recognized standards.
The certifying body shall establish and implement a certification program for recovery residences that maintain nationally recognized standards that:
(1) Uphold industry best practices and support a safe, healthy, and effective recovery environment;
(2) Evaluate the residence's ability to assist persons in achieving long-term recovery goals;
(3) Protect residents of recovery residences against unreasonable and unfair practices in setting and collecting fee payments;
and (4) Verify good standing with regard to local, state, and federal laws and any regulations and ordinances including, but not limited to, building, maximum occupancy, fire safety and sanitation codes.
(b) The certifying body shall investigate complaints received by the department regarding non-compliance with [NARR] nationally recognized standards.
The certifying body shall provide an annual report to the department, and shall report quarterly on any newly certified [houses] residences or [houses] residences that are out of compliance.
[The certifying body shall inform the department within 5 business days if a recovery house's certification is suspended or revoked.
(c) The department shall identify certified recovery houses in good-standing on the registry created pursuant to paragraph V.
(d) The department shall adopt rules, pursuant to RSA 541-A, relative to the process for certification and the requirements of this paragraph.] VIII.
All recovery residences operating in the state of New Hampshire shall file with the department, on a form prescribed by the department, within 120 days of the effective date of this section to initiate the certification process.
For any recovery housing residence that begins operations after the effective date of this section, the required form shall be Amendment to SB 298-FN - Page 3 - filed with the department no later than 30 days after the first resident begins occupancy.
The following information shall be included on the form:
(a) The name and contact information of the operator;
(b) The first date of occupancy;
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(c) Information related to any existing certification or equivalent accreditation the residence has obtained or is in the process of obtaining;
and (d) Any other information required by the department through rule.
IX.
All recovery residences operating within the state of New Hampshire shall obtain and maintain certification directly or through a contracted entity pursuant to the rules adopted under this chapter and the following:
(a) Certification shall be completed within 12 months of filing.
A recovery residence shall not operate without certification unless it is actively engaged in efforts to obtain certification.
For purposes of identifying this 12-month time frame, a recovery housing residence is considered to begin operating on the date that the first resident occupies the residence.
(b) If the department finds that a recovery residence is operating without certification, the department shall issue by certified mail a cease operations notice.
The department shall notify the attorney general for prosecution.
(c) No person, business, or government entity shall advertise or represent any residence or other building to be a recovery residence, sober living home, or any other alcohol and drug free housing for persons recovering from substance use disorder unless the residence or building meets one of the following conditions:
(1) The residence or building is certified under this chapter;
(2) The residence or building is regulated and licensed by the department;
or (3) The residence is an Oxford House.
3 State Board of Fire Control;
Exemption for Recovery Residences.
Amend RSA 153:10-d to read as follows:
153:10-d Exemption for Recovery [Houses] Residences.
"Sober living house" means a residential property that provides a structured, alcohol- and drug-free living environment for individuals recovering from substance use disorders.
An owner or operator of a recovery [house] residence which is in compliance with rules adopted by the commissioner of health and human services under RSA 172-B:2, V for the [voluntary] registry for operators of recovery [houses] residences [or who is certified by the New Hampshire Coalition of Recovery Residences] may apply to the state fire marshal and maybe granted an exemption under RSA 153:5, IV from certain requirements of the state fire code, provided the following requirements are in place:
(a) A properly maintained electrical system.
Amendment to SB 298-FN - Page 4 - (b) A properly maintained heating system, inspected and tagged annually by a qualified service technician, including a domestic sprinkler head over the unit and smoke separation from living area.
(c) Properly maintained cooking appliances.
(d) Street number of the recovery [house] residence posted and visible from the street.
(e) No smoking within 10 feet of the building unless approved by the local fire department.
(f) A written evacuation plan submitted to and approved by the local fire department.
(g) Monthly evacuation drills must be conducted with documentation available for review onsite.
(h) Basement living spaces shall have an exit directly to grade.
(i) The facility shall have a minimum of 50 gross square feet per bed per sleeping room.
(j) At least one escape window in each sleeping room.
An escape window shall comply with the state fire marshal's most recent informational bulletin document relative to size and dimensions.
(k) Installed interconnected smoke and carbon monoxide alarms, electrically powered with battery backup, on each level and in each sleeping room.
Ten-year battery alarms with wireless interconnectivity may be substituted for electrically powered alarms.
For occupancies exceeding 8 occupants, the installation of a complete fire alarm system, with carbon monoxide detection, including automatic notification to the local fire department shall be required.
(l) Annual compliance inspection by the local fire department.
(m) If the travel distance to an exit is greater than 75 feet, or for occupancies with living space above the second floor regardless of travel distance, there shall be 2 remote means of egress from each floor.
(n) A 24-hour emergency contact person with contact information and the approved building occupant load shall be posted in the common area of the building so it is readily visible to the fire department.
"House manager" means an individual employed by the sober living house to oversee daily operations and ensure compliance with applicable laws and certification standards.
In this section, "recovery [house] residence" means as defined in RSA 172-B:1, XIII-a [a residence that provides a safe, healthy, family-like, substance-free living environment that supports individuals in recovery from addiction and is centered on peer support and a connection to services that promote long-term recovery;
674-A:2 Certification Requirement.
provided that "recovery housing" shall not include a halfway house or any other facility requiring a license pursuant to RSA 151].
I.
4 Effective Date.
All sober living houses operating within the state of New Hampshire shall obtain and maintain certification from the New Hampshire Coalition of Recovery Residents (NH CORR).
This act shall take effect 60 days after its passage.
Certification shall comply with the standards set forth by NH CORR to ensure adherence to best practices for recovery residences.
Amendment to SB 298-FN - Page 5 - 2025-3105s AMENDED ANALYSIS This bill requires the development of a certification process for recovery residences.
II.
Non-certified sober living houses shall not be eligible to apply for or receive zoning exceptions, variances, or waivers under state or municipal law.
III.
Existing sober living houses operating without certification on the effective date of this section shall obtain certification from NH CORR within 180 days of the effective date.
Failure to achieve certification within this period shall result in penalties as provided in RSA 674-A:6 and may subject the property to additional enforcement actions, including cessation of operations.
674-A:3 Resident Eligibility Verification.
I.
Prior to admitting any resident, a sober living house operator shall verify that the individual has successfully completed or is actively participating in a recognized rehabilitation program for substance use disorders.
II.
The sober living house operator is required to maintain records of such verification for all current and past residents for a minimum of 3 years following their departure.
III.
The department of health and human services shall have the right to request proof of these records at any time.
Failure to provide documentation within a reasonable time frame, as determined by the department, may result in penalties as provided in RSA 674-A:6.
674-A:4 Paid House Manager Requirement.
SB 298-FN - AS INTRODUCED - Page 2 - I.
Each sober living house shall employ a paid house manager who is not a current or former resident of the sober living house.
II.
The house manager shall be responsible for overseeing daily operations, ensuring compliance with certification standards, and maintaining a safe and structured environment for residents.
674-A:5 Enforcement and Compliance.
I.
Municipalities shall require proof of certification, resident eligibility verification, and house manager employment as conditions for granting zoning approval or other permits related to the operation of a sober living house.
II.
The department of health and human services shall establish a process for auditing compliance with this chapter and investigating complaints of non-compliance.
674-A:6 Penalties for Noncompliance.
I.
Property owners operating sober living houses found to be in violation of any provision of this chapter shall be subject to financial penalties.
II.
Penalties shall be levied as follows:
(a) A fine of $1,000 for the first violation.
(b) A fine of $5,000 for each subsequent violation.
III.
The department of health and human services may impose additional sanctions, including the suspension or revocation of certifications or permits, as deemed appropriate.
674-A:7 Transition Period for Existing Non-Certified Sober Living Houses.
I.
Sober living houses operating as of the effective date of this section without certification from NH CORR shall have 180 days to obtain certification.
II.
During the transition period, these houses shall demonstrate good faith efforts toward achieving certification, including initiating the certification process and meeting all applicable requirements.
III.
After the transition period, any sober living house operating without certification shall be deemed in violation of this chapter and subject to penalties under RSA 674-A:6.
2 Effective Date.
This act shall take effect 90 days after its passage.
LBA 25-1166 2/25/25 SB 298-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to sober living house certification and operational standards.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time.
When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
AGENCIES CONTACTED:
Department of Health and Human Services