Auburn is getting ready to pass a safe needle exchange program ordinance at its next City Council meeting June 15. The vote follows a moratorium instituted last August and then almost a year of discussions.

The programs, which allow drug users to exchange used needles for new needles, tend to be controversial, with some people concerned about safety around the nature of the service.

Auburn officials hope to avoid the same issues with needle exchange programs other cities have experienced, like Lewiston where one program was shut down last year after the city cited it for biohazard risks.

The ordinance provides protections and regulations, above and beyond those outlined in the state’s ordinance, for how needle exchange programs can operate in the city. The programs would still need to maintain compliance with state regulations and Maine Center for Disease Control and Prevention certifications.

Glen Holmes, director of Business and Community Development in Auburn, took time to answer a few questions about what’s in the proposed ordinance. Here’s what he said people should know.

What protections does this proposed ordinance give the city?

This ordinance establishes a local licensing requirement for syringe service programs operating in Auburn and creates a framework for oversight, inspections, enforcement and accountability. Key protections would:

• Require a city license in addition to state certification.
• Limit where programs may operate through zoning and school setback requirements.
• Require detailed operational, security, disposal and community engagement plans.
• Allow inspections by city officials.
• Establish operating standards, hours of operation and cleanup requirements.
• Grant the city authority to suspend or revoke licenses for violations.
• Require programs to maintain state certification and comply with applicable local, state, and federal laws.

Does it limit the number of programs allowed in the city?

Yes. The ordinance would limit the city to no more than two licensed syringe service programs operating at any one time. Licenses would be issued on a first-come, first-served basis, subject to compliance with all ordinance requirements.

In what areas of the city will these programs be allowed?

Brick-and-mortar and mobile syringe service program sites would only be permitted in the following zoning districts: T-5.1, T-5.2, T-6, GB I, GB II. As a general description I would characterize these areas as focused in the downtown business districts and focused on the major road arteries.

In addition, brick-and-mortar and mobile sites must be at least 250 feet from a school, and delivery locations must be at least 1,000 feet from a school. Programs also cannot operate within or share space with a for-profit commercial business, though they may share space with healthcare or social service organizations.

Does the ordinance limit the number of clean needles that can be exchanged for every used needle brought in?

No. The ordinance does not establish a local exchange ratio. Instead, it requires programs to maintain Maine CDC certification and comply with applicable state regulations governing syringe service programs. The ordinance focuses on licensing, location, operations and accountability rather than setting an exchange-rate standard.

Are programs required to offer resources to connect people with recovery services?

Yes. While the ordinance does not create a new city-specific recovery referral requirement, it requires applicants to submit and comply with the consumer education and referral plan that they provide to the Maine CDC as part of their state certification process. The ordinance also defines syringe services as including referrals and educational materials.

Are programs required to clean up needles found in public spaces?

Yes. The ordinance contains specific cleanup requirements.

• At the end of each business day, programs must inspect areas within 250 feet of each brick-and-mortar or mobile site and remove litter and needle waste.
• After any delivery service visit, the program must inspect the immediate area and remove litter and needle waste.
• Programs must also maintain sharps disposal containers at brick-and-mortar and mobile sites.

These provisions are intended to address concerns about improperly discarded needles associated with program operations.

What else should people know?

A few notable provisions include:

• Programs may only operate during specified hours: generally, 7 a.m. to 7 p.m. Monday through Saturday and 1-5 p.m. on Sundays.
• Staff and volunteers must display visible identification.
• Criminal background checks are required for paid staff and volunteers.
• Programs must maintain a “good neighbor” policy that includes complaint procedures, community engagement and expectations regarding behavior around program sites.
• The city clerk may impose reasonable license conditions and has authority to deny, suspend, or revoke licenses when requirements are not met.
• Programs must regularly provide the city with information already submitted to the Maine CDC, helping ensure ongoing oversight and transparency.