Resolve, To Barriers to Affordable Housing
Maine Legislature, Session 121, LD 0472
Committee Amendment CA_A_H145 (House)

COMMITTEE 
Establish 
the 
AMENDMENT II.{/. to 
Task 
Force 
To 
H.P. 364, L.D. 472, 
Study 
Regulatory 
"Resolve, To 
Barriers 
to 
Affordable Housing" 
Amend the resolve by striking out the title and substituting 
the following: 
'Resolve, Directing the Community Preservation Advisory Committee 
To Study Issues Pertaininq to Barriers to Affordable Bousinq in 
the State' 
Further amend the resolve by striking out everything after 
the title and before the summary and inserting in its place the 
following: 
'Emergency preamble. 
Whereas, Acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
days 
after 
Whereas, this resolve directs the 
Community Preservation 
Advisory Committee to study a 
number of issues pertaining to 
affordable housing; and 
Whereas, it is necessary that this resolve be enacted as an 
emergency measure to afford adequate time for the issues to be 
appropriately addressed by the Community Preservation Advisory 
Committee; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
COMMITTEE AMENDMENT 
~.ft~ 
COMMITTEE AMENDMENT ~, to H.P. 364, L.D. 472 
Sec. 1. Community Preservation Advisory Committee to study issues 
pertaining to affordable housing. 
Resolved: 
That 
the 
Community 
Preservation Advisory Committee, 
as established in the Maine 
Revised Statutes, Title 30-A, section 4350, referred to in this 
resolve as "the committee," shall undertake a comprehensive study 
to identify regulatory or other barriers to the creation of 
affordable housing in the State. 
For each barrier identified, 
the committee shall make recommendations on ways to reduce that 
barrier and to provide incentives for the creation of affordable 
housing. 
The committee's study must include, but is not limited 
to, 
a 
review of and recommendations on methods to remove or 
reduce barriers to the creation or availability of affordable 
housing created by: 
1. 
State 
rules 
or 
local 
regulations that inhibit the 
construction of new affordable housing units or the renovation of 
existing buildings for the purpose of creating affordable housing 
units. 
The committee's recommendations in this area must be 
consistent with the legitimate concerns of the State and the 
local communities for healthy neighborhoods, sound environmental 
practices, sustainable affordability and inclusive communities; 
2. 
Zoning or zoning practices that create barriers to 
affordable housing; 
3. 
Laws pertaining to municipal impact fees, as allowed 
under Title 30-A, section 4354, to the extent those laws create 
barriers to the creation of affordable housing. 
In reviewing 
this issue, the committee shall consider and make recommendations 
on exempting affordable housing units from such impact fees and 
applying that exemption only to affordable housing located within 
a locally designated growth area identified in the municipality's 
comprehensive land use plan. 
If the committee recommends such an 
exemption, 
its 
recommendations 
must 
include 
specific 
recommendations 
on how 
an exemption would be calculated and 
applied and what impact that exemption would have on the ability 
of a municipality to adequately fund infrastructure improvements 
necessitated by the construction of those units; 
4. 
Laws pertaining to municipal moratoria on development 
permits, as allowed under Title 30-A, section 4356, to the extent 
those 
laws 
create 
barriers 
to 
the 
creation 
of 
affordable 
housing. 
In reviewing this issue, the committee shall consider 
and make recommendations on exempting affordable housing units 
from 
such 
moratoria 
and 
applying 
that 
exemption 
only 
to 
affordable housing located within a locally designated growth 
area identified in the municipality's comprehensive land use plan; 
COMMITTEE AMENDMENT 
, 
• 
,~~. 
COMMITTEE AMENDMENT .~ to H.P. 364. L.D. 472 
5. 
Laws pertaining to municipal rate of growth ordinances, 
as allowed under Title 30-A, section 4314, to the extent those 
laws 
create barriers 
to 
the 
creation of 
affordable 
housing 
units. 
In reviewing this issue, the committee shall consider and 
make recommendations on exempting affordable housing units from 
such laws pertaining to municipal rate of growth ordinances; 
6. 
Barriers to the creation of affordable rental housing, 
including the unavailability of deposit assistance, in areas of 
the State where rental housing is unaffordable; 
7. 
Barriers 
to 
the 
construction 
affordable housing for veterans, seniors, 
disabilities and homeless persons; and 
or 
availability 
of 
retirees, persons with 
8. 
Other barriers to the construction or availability of 
affordable 
housing 
identified 
by 
the 
committee 
or 
by 
stakeholders; and be it further 
Sec. 2. 
Consultation with stakeholders. Resolved: 
That 
the 
committee shall consult with stakeholders during this study and 
in the development of its recommendations. 
Those stakeholders 
include, but are not limited to, the following: 
1. 
The Commissioner of Economic and Community Development; 
2. 
The Director of the Maine State Housing Authority; 
3. 
The Executive Director of the State Planning Office 
within the Executive Department; 
4. 
The President of the Maine State Chamber of Commerce; 
5. 
The 
Executive 
Director 
of 
the 
Maine 
Municipal 
Association; 
6. 
The President of the Maine Association of Planners; 
7. 
A representative from a neighborhood association; 
8. 
A representative from a city council; 
9. 
A municipal officer; 
10. 
A representative from a town planning board; 
11. 
A representative from a nonprofit housing developer; 
12. 
A representative from a for-profit housing developer; 
COMMITTEE AMENDMENT 
~ti'· 
COMMITTEE AMENDMENT ,:{}:: to H,P, 364, L,D, 472 
13. 
A representative from a land trust; 
14. 
A 
representative 
from 
a 
manufactured 
manufacturer; 
15. 
A representative from a financial institution; 
16. 
A representative from the business community; 
housing 
17. 
A representative of the York County Initiative to End 
Homelessness; 
18. 
A representative of the Genesis Community Loan Fund; 
19. 
A 
representative 
Lewiston-Auburn area that is 
affordable housing; 
from 
an 
organization 
in 
the 
active in matters pertaining to 
20. 
A 
representative 
of 
the 
Maine 
Affordable 
Housing 
Network; and 
21. 
A person representing the AFL-CIO; and be it further 
Sec. 
3. 
Staff assistance. 
Resolved: 
That 
the 
Executive 
Department, 
State Planning Office shall, within its existing 
budgeted resources, provide staffing assistance to the committee 
in conducting this study; and be it further 
Sec. 4. Drafting assistance. Resolved: 
That the Office of Policy 
and Legal Analysis shall draft any legislation recommended by the 
committee to implement its recommendations; and be it further 
Sec. 5. Report. Resolved: 
That the committee shall submit its 
report to the Joint Standing Committee on Business, Research and 
Economic 
Development 
no 
later than December 
10, 
2003. 
The 
committee 
shall 
submit 
legislation 
to 
implement 
its 
recommendations to the Legislature not later than January 1, 
2003; and be it further 
Sec. 6. Legislation. Resolved: 
The Joint Standing Committee on 
Business, Research and Economic Development may report out a bill 
during the Second Regular Session of the l2lst Legislature on 
issues pertaining to barriers to affordable housing. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. I 
COMMITTEE AMENDMENT 
~. "s. 
COMMITTEE AMENDMENT ':if. to H,P, 364, LoD, 472 
SUMMARY 
This amendment strikes the resolve and directs the Community 
Preservation Advisory Committee to study barriers to affordable 
housing in the State and to submit a report to the Joint Standing 
Committee on Business, Research and Economic Development in the 
That report 
must 
include 
any 
legislation 
necessary 
to 
implement 
the 
recommendations of the advisory committee. 
The 
amendment requires the advisory committee's study to 
include, without limitation, state rules or local regulations 
that inhibit the construction of new affordable housing units or 
the renovation of existing buildings for the purpose of creating 
affordable housing units; zoning or zoning practices that create 
barriers to affordable housing; 
laws pertaining to municipal 
impact 
fees; 
municipal 
moratoria 
on 
development 
permits; 
municipal rate of growth ordinances; barriers to the creation of 
affordable 
rental 
housing, 
including 
the 
unavailability 
of 
deposit assistance; barriers to the construction or availability 
of affordable housing for veterans, seniors, retirees, persons 
with disabilities and homeless persons; and other barriers to the 
construction or availability of affordable housing identified by 
the advisory committee or stakeholders. 
In conducting its study, the advisory committee is required 
to consult with a broad range of stakeholders including public 
and private organizations, elected officials'and others involved 
with affordable housing issues. 
The amendment also authorizes the Joint Standing Committee 
on Business, 
Research and Economic Development to report out 
legislation during 
the 
Second 
Regular 
Session of 
the 121st 
Legislature 
on 
issues 
pertaining 
to 
barriers 
to 
affordable 
housing. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Legislative Study 
Approved: 04/08/03 ;;t;?ae 
Office of Fiscal and Program Review 
LD472 
Resolve, To Establish the Task Force To Study Regulatory Barriers to 
Affordable Housing 
LR0125(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Current Costs - Legislative Study 
Funds are budgeted in the legislative account for the payment of per diem and expenses for legislative members of the 
Community Preservation Advisory Committee for the 4 authorized meetings of the committee and for the required 
annual report in fiscal years FY 04 and FY 05 pursuant to PL 2001, c. 648. Because this legislation adds a 
requirement for submission of a report by December 10,2003, there will be an additional unbudgeted cost to the 
General Fund of approximately $750 in FY 04. This will require review and authorization by the Legislative Council 
for potential funding from the $30,000 budgeted in FY 04 for miscellaneous interim studies. Any additional cost to 
the State Planning Office, the Department of Economic and Community Development and the Maine State Housing 
Authority can be absorbed utilizing existing budgeted resources. 
LR0125(2) - Fiscal Note - Page 1 of 1