An Act To Encourage Energy Conservation by the Maine State Housing Authority Pursuant to the State Government Evaluation Act Review
Maine Legislature, Session 123, LD 2264
Committee: Business, Research and Economic Development
Amends: 30-A MRSA §4722

Legislative Document 
No. 2264 
H.P.1627 
House of Representatives, March 19,2008 
An Act To Encourage Energy Conservation by the Maine State 
Housing Authority Pursuant to the State Government Evaluation 
Act Review 
Reported by Representative SMITH of Monmouth for the Joint Standing Committee on 
Business, Research and Economic Development pursuant to the Maine Revised Statutes, Title 
3, section 955, subsection 4. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed under Joint Rule 218. 
Pnntcd un rccyclcJ papt:r 
'77/~ /J7. 7lldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §4722, sub-§l, ~AA, as amended by PL 2007, c. 466, Pt. 
A, §50, is further amended to read: 
AA. Certify transfers of multifamily affordable housing property that qualify for the 
deduction under Title 36, section 5122, subsection 2, paragraph Z or Title 36, section 
5200-A, subsection 2, paragraph Q. The affordability restrictions that apply under 
this paragraph must be contained in a declaration signed by the transferee and 
recorded in the appropriate registry of deeds at the time of the sale or transfer. 
(1) 
For the purposes of this paragraph, "multifamily affordable housing 
property" means a decent, safe and sanitary dwelling, apartment building or other 
living accommodation that includes at least 6 units, that meets at least one of the 
following affordability restrictions and for which those affordability restrictions, 
as applicable, expire in 10 years or less from the date of the sale or transfer of the 
property: 
(a) At least 20% of the units have restricted rents affordable to households 
earning no more than 80% of the area median income as determined by the 
United States Department of Housing and Urban Development; 
(b) The property is assisted by the United States Department of Housing and 
Urban Development, the United States Department of Agriculture or the 
Maine State Housing Authority; or 
(c) The property qualifies for low-income housing credits under the United 
States Internal Revenue Code of 1986, Section 42 . 
. 
~., 
(2) For the purposes of this paragraph, property does not qualify as multifamily 
affordable housing property unless: 
(a) The transferee agrees to maintain the property as multifamily affordable 
housing property for an additional 30 years from the scheduled expiration; 
(b) 
If the existing federal, state or other assistance is not available to 
maintain the property as multifamily affordable housing property, the 
transferee agrees to ensure that 112 of the units are affordable to persons at 
60% of the area median income as determined by the United States 
Department of Housing and Urban Development for 30 years from the 
expiration of the then-existing affordability restrictions; or 
(c) The transferee agrees to an alternative affordability agreement approved 
by the Maine State Housing Authority; aOO 
Sec. 2. 30-A MRSA §4722, sub-§l, ~B, as enacted by PL 2007, c. 326, §3, is 
amended to read: 
BB. Make a loan, or contract with a financial institution to make a loan on behalf of 
the Maine State Housing Authority, to payoff an existing loan or to pay amounts past 
due on an existing loan on an owner-occupied single-family residence to assist a 
homeowner who is in default of the existing loan or in danger of losing the residence 
Page I - 123LR3573(Ol)-1 
through foreclosure. Prior to receiving a loan under this paragraph, a homeowner 
must receive counseling with a 3rd-party, nonprofit organization approved by the 
United States Department of Housing and Urban Development, a housing financing 
agency of this State or the regulatory agency that has jurisdiction over the creditor~ ; 
and 
Sec. 3. 30-A MRSA §4722, suh-§l, ~CC is enacted to read: 
CC. 
Encourage and provide incentives to individuals and entities that conserve 
energy: support and participate in markets that reward energy conservation and use 
the proceeds from this participation to support affordable housing programs under its 
jurisdiction; and create and administer programs that encourage individuals and 
entities to conserve energy. 
SUMMARY 
This bill provides the Maine State Housing Authority with the authority to encourage 
and provide incentives to individuals and entities that conserve energy; support and 
participate in markets that reward energy conservation and use the proceeds from this 
participation to support affordable housing programs under its jurisdiction; and create and 
administer programs that encourage individuals and entities to conserve energy.