An Act To Encourage the Redevelopmcnt of Upper Floors of Buildings in Downtowns and on Main Streets
Maine Legislature, Session 127, LD 1372
Committee Amendment CA_A_H311 (House)
Amends: 30-A MRSA §4312, 30-A MRSA §4326

COMMITTEE AMENDMENT "A" to H.P. 930, L.D. 1372, Bill, "An Act To 
Encourage the Redevelopmcnt of Upper Floors of Buildings in Downtowns and on Main 
Streets" 
Amend the bill by sttiking out everything after the enacting clause and inserting the 
following; 
, 
'Sec. 1. 30-A MRSA §4312, sub-§3, ~~I and J, as enacted by PL 1989, c. 104, 
Pt. A, §45 and Pt. C, § 1 0, are amended to read: 
. 
I. To preserve the State's historic and archeological resources; arul 
J. To promote and protect the availability of outdoor recreation opportunities for all 
Maine citizens, including access to surface waters~; and 
Sec. 2. 30-A MRSA §4312, sub-§3, ~K is enacted to read: 
K. To encourage municipalities to develop policies that assess community needs and 
environmental effects of municipal regulations, lessen the effect of excessive parking 
requirements for buildings in downtowns and on main streets and provide for 
alternative approaches for compliance relating to the reuse of upper floors of 
buildings in downtowns and on main streets. 
Sec. 3. 30-A MRSA §4326, sub-§l, ~, as enacted by PL 1989, c. 104, Pt. A, 
§45 and Pt. C, § 10, is amended to read: 
H. Residential housing stock, including affordable housing; and policies that assess 
community needs _l:lnd environmental effects of municipal regulations, lessen the 
effect of excessive parking requirements for buildings in downtowns and on main 
streets and provide for alternative approaches for compliance relating to the reuse of 
upper floors of buildings in downtowns and on main streets; 
Sec. 4. 30-A MRSA §4326, sub-§3-A, ~G, as enacted by PL 2001, c. 578, §15, 
is amended to read: 
COMMITTEE'AMENDMENT 
30' 
COMMITTEE AMENDMENT·A" to i-LP. 930, L.D. 1372 
O. Ensure that the municipality's or multimunicipal region's land use policies and 
ordinances encourage the siting and construction of affordable housing within the 
community and comply with the requirements of section 4358 pertaining to 
individual mobile home and mobile home park siting and design requirements. The 
municipality or multimunicipal region shall seek to achieve a level of at least 10% of 
new residential development, based on a 5-year historical average of residential 
development in the municipality or multimunicipal region, that meets the definition 
of affordable housing. A municipality or multimunicipal region is encouraged to 
seek creative approaches to assist in the development of affordable housing, 
including, but not limited to, cluster housing, reduced minimum lot and frontage 
sizes, increased residential densities and, use of mllllicipally owned land and 
establishment of policies that assess community needs and environmental effects of 
municipal regulations, lessen the effect of 'excessive parking requirements for 
buildings in downtowns and on main streets and provide for alternative approaches 
for compliance relating to the reuse of upper floors of buildings in downtowns and 011 
main streets; 
Sec. 5. 30-A MRS A §4326, sub-§3-A, ~~ and J, as enacted by PL 2001, c. 
578, § 15, are amended to read: 
r. 
Encourage the availability of and access to traditional outdoor recreation 
opportunities, including, without limitation, hunting, boating, fishing and hiking, and 
encourage the creation of greenbelts, public parks, trails and conservation easements. 
Each municipality or multimunicipal region shall identify and encourage the 
protection of undeveloped shorelimd and other areas identified in the local planning 
process as meriting that protection; and 
J. Develop management goals for great ponds pertaining to the type of shoreline 
character, intensity of surface'water use, protection of resources of state significance 
and type of public access appropriate for the intensity of use of great ponds within the 
municipality's or mUltimunicipal region's jurisdiction.; and 
Sec. 6. 30-A MRSA §4326, sOb-§3-A, ~ 
is enacted to read: 
K. Encourage policies that assess community needs and environmental effects of 
municipat regulations, lessen the effect of excessive parking requirements for 
buildings in downtowns, and on' main streets and provide for alternative approaches 
for compliance relating to the reuse of upper floors of buildings in downtowns and on 
main stre~ts.' 
,,' 
SUMMARY 
This amendment strikes and replaces the concept draft. It encourages municipalities 
to develop policies in the comprehensive planning process that assess community needs 
and environmental effects of municipal regulations, lessen the effect of excessive parking 
requirements for buildings ill downtowns and on main streets and provide for alternative 
COMMITTEE AMENDMENT 
~s 
~O 
COMMITTEE AMENDME~T "A" to H,P, 930, L.D, 1372 
approaches for compliance relating to the reuse of upper floors of buildings in 
downtowns and on main streets, 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/31/15 
frac. 
LD 1372 
LR 39(02) 
An Act To Encourage the Redevelopment of Upper Floors of Buildings in Downtowns and on Main 
Streets 
1\ 
Fiscal Note for Bill as Amended by Committee Amendment ,,1ft Lf+--3 I 0 
Committee: Labor, Commerce, Research and Economic Development 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
To include policies that assess community needs and environmental impacts as an 
element in a comprehensive plan for growth management for buildings in 
downtowns and on main streets. 
Unit Affected 
Local Cost 
Municipality 
Insignificant 
statewide 
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is 
amended to the bill and two·thirds of the members of each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
LR0039(02) - Fiscal Note - Page 1 of I