Limits the number of drug rehabilitation homes per neighborhood; requires the department of health to hold a public hearing before approval of a proposed drug rehabilitation home.

A BILL FOR AN ACT

SECTION 1. The legislature finds that there is a continuing need to encourage the reasonable development of drug rehabilitation homes for persons recovering from substance abuse. However, this need must be balanced against a neighborhood's need to know about proposed developments in its area and an opportunity for residents to provide input into the establishment of these homes in their neighborhood.

SECTION 2. Section 46-15.39, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) For purposes of section 46-4, a drug rehabilitation home shall be considered a residential use of property and shall be a permitted use in residentially designated zones including, but not limited to, zones for single-family dwellings[.]; provided that there shall be no more than one drug rehabilitation home within a square mile radius. No conditional use, permit, variance, or special exception shall be required for a residence used as a drug rehabilitation home.

(b) No drug rehabilitation home under subsection (a) shall be permitted unless a public [informational meeting] hearing duly noticed under section 1-28.5, is first held in the affected community by the department of health."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2005.