An Act To Allow Affordable Housing Discretionary Water and Sewer Fee Waivers
Maine Legislature, Session 123, LD 1153
Committee Amendment CA_A_H211 (House)
Amends: 30-A MRSA §3446, 35-A MRSA §6105

COMMITTEE AMENDMENT "A" to H.P. 846, L.D. 1153, Bill, "An Act To 
Allow Affordable Housing Discretionary Water and Sewer Fee Waivers" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 30-A MRSA §3446 is enacted to read: 
§3446. Impact fees and connection fees; affordable housing 
The municipal officers may reduce the impact fee or connection fee, as those terms 
are defined in section 5061, for sewer service to newly constructed affordable housing in 
accordance with chapter 202-A. 
Sec. 2. 30-A MRSA c. 202-A is enacted to read: 
CHAPTER 202-A 
AFFORDABLE HOUSING UTILITY FEES 
§5061. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Affordable housing unit. "Affordable housing unit" means an owner-occupied, 
single-family dwelling unit or condominium unit for a household whose income does not 
exceed 80% of the median income for the area as defined by the United States 
Department of Housing and Urban Development. 
2. 
Connection fee. 
"Connection fee" means a one-time fee or charge for the 
establishment of water or sewer service that is directly related to the actual cost of 
installation of such service. 
3. Consumer-owned water utility. "Consumer-owned water utility" has the same 
meaning as in Title 35-A, section 6101. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A " 
to H.P. 846, L.D. 1153 
4. Impact fee. "Impact fee" means a one-time fee or charge associated with the 
establishment of water or sewer service that is related to the impact of such service on 
system capacity and that is collected to offset future costs associated with system growth. 
S. Sewer utility. "Sewer utility" means a municipal sewer department, a sewer 
district as defined in Title 38, section 1251 or a sanitary district formed under Title 38, 
chapter 11. 
§5062. Reduced fees; affordable housing 
The governing body of a consumer-owned water utility or a sewer utility, referred to 
in this section as "the governing body," may charge a lower impact fee or connection fee 
than its usual impact fee or connection fee for the establishment of service to a newly 
constructed affordable housing unit or units. 
1. Uniform application. If the governing body elects to charge a reduced impact fee 
or connection fee under this section, it must apply the reduced fee uniformly to all 
similarly situated applicants for the reduced fee within the utility's service territory. 
2. Credit to purchaser. Any reduction in the impact fee or connection fee pursuant 
to this section must be credited to the purchaser of the affordable housing unit. 
3. 
Ratepayer notification; cost allocation. 
The governing body shall notify 
ratepayers in a timely manner of any reduction in the impact fee or connection fee 
pursuant to this section. The governing body may allocate the cost of the reduced impact 
fee or connection fee among all ratepayers. 
Sec. 3. 35-A MRSA §6105, sub-§3-A is enacted to read: 
3-A. 
Impact fees and connection fees; affordable housing. 
Notwithstanding 
subsection 3 and section 703, the governing body may reduce the impact fee or 
connection fee, as those terms are defined in Title 30-A, section 5061, for water service to 
newly constructed affordable housing in accordance with Title 30-A, chapter 202-A. 
Sec. 4. 38 MRS A §1202-A is enacted to read: 
§1202-A. Impact fees and connection fees; affordable housing 
Notwithstanding section 1202, the trustees may reduce the impact fee or connection 
fee, as those terms are defined in Title 30-A, section 5061, for sewer service to newly 
constructed affordable housing in accordance with Title 30-A, chapter 202-A. 
Sec. 5. 38 MRS A §1252, sub-§12 is enacted to read: 
12. Impact fees and connection fees; affordable housing. The trustees may reduce 
the impact fee or connection fee, as those terms are defined in Title 30-A, section 5061, 
for sewer service to newly constructed affordable housing in accordance with Title 30-A, 
chapter 202-A. ' 
SUMMARY 
This amendment replaces the bill and is the majority report of the committee. The 
amendment enables the governing body of a quasi-municipal or municipal water or sewer 
utility to reduce the connection fee or impact fee charged for the establishment of service 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"A" t. H.P. 84', L.D. 1153 
when that service is being provided to newly constructed affordable housing units that are 
owner-occupied, single-family dwellings or condominiums. Any reduced connection fee 
or impact fee must be applied uniformly and must be credited to the purchaser of the 
affordable housing unit. The water or sewer utility is required to notify ratepayers of any 
reduction in the connection fee or impact fee and may allocate the cost of the fee 
reduction across all ratepayers. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/25107 Mac.. 
LD 1153 
LR 1930(02) 
An Act To Allow Affordable Housing Discretionary Water and Sewer Fee Waivers 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
The additional cost associated with this legislation can be absorbed by the Public Utilities Commission utilizing 
existing budgeted resources. 
LR1930(02) - Fiscal Note - Page 1 of I