An Act To Help Alleviate Maine's Housing Shortage and Change the Membership of the Maine State Housing Authority
Maine Legislature, Session 130, LD 1961
Committee Amendment CA_A_S498 (Senate)
Amends: 30-A MRSA §4312, 30-A MRSA §4326, 30-A MRSA §4723

COMMITTEE AMENDMENT "A " to S.P. 699, L.D. 1961, "An Act To Help 
Alleviate Maine's Housing Shortage and Change the Membership of the Maine State 
Housing Authority" 
Amend the bill by striking out all of the emergency preamble. 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 30-A MRSA §4312, sub-§3, ~' as enacted by PL 1989, c. 104, Pt. A, §45 
and Pt. C, § 10, is amended to read: 
D. To eneourage and promote affordable, deeent housing opportunities for all Maille 
eitii;oos promote and work to ensure choice, economic diversity and affordability in 
housing for low-income and moderate-income households and use housing policy to 
help address disparities in access to educational, occupational and other opportunities; 
Sec. 2. 30-A MRSA §4312, sub-§3, ,rK, as amended by PL 2021, c. 293, Pt. A, 
§44, is repealed. 
Sec. 3. 30-A MRSA §4312, sub-§3, ,rL, as corrected by RR2019, c. 1, Pt. A, §37, 
is amended to read: 
L. To encourage municipalities to develop policies that accommodate older adults with 
aging in place and that encourage the creation of age-friendly communities; and 
Sec. 4. 30-A MRSA §4312, sub-§3, ~' as amended by PL 2021, c. 293, Pt. A, 
§45, is repealed. 
Sec. 5. 30-A MRSA §4326, sub-§1, ~' as amended by PL 2019, c. 145, §5, is 
0 
further amended to read: 
H. 
Residential housing stock, including affordable housing for low-income and 
moderate-income households, polieies that assess an assessment of community needs 
and environmental effects of municipal regulations, les-setl an examination of the effect 
of excessive parking requirements for buildings in downtov1ns a-Rd on main streets a-Rd 
COMMITTEE AMENDMENT 
?,..OS 
COMMITTEE AMENDMENT" A "to S.P. 699, L.D. 1961 Cs-~ C\ ~) 
pro:vide for akerna-tive approaches for compliance relating to that limit the reuse of 
upper floors of buildings in downtowns and on main streets and policies tha-t provide 
an identification of opportunities for accessory dwelling units; 
Sec. 6. 30-A MRSA §4326, sub-§3-A, 1G, as amended by PL 2019, c. 38, §6 and 
c. 145, §6, is repealed and the following enacted in its place: 
G. 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: 
(1) Cluster housing; 
(2) Reduced minimum lot and frontage sizes; 
(3) Increased residential densities; 
( 4) Use of municipally owned land; 
(5) Establishment of policies that: 
(a) 
Assess community needs and environmental effects of municipal 
regulations; 
(b) Lessen the effect of excessive parking requirements for buildings in 
downtowns and on main streets; 
(c) Provide for alternative approaches for compliance relating to the reuse of 
upper floors of buildings in downtowns and on main streets; 
(d) Promote housing choice and economic diversity in housing; and 
(e) Address disparities in access to educational and occupational opportunities 
related to housing; 
(6) Provisions for accessory dwelling units and greater density where such density 
is consistent with other laws governing health and safety; 
(7) Promotion of housing options for older adults that address issues of special 
concern, including the adaptation, rehabilitation and construction of housing that 
helps older adults age in place with adequate transportation and accessibility to 
services necessary for them to do so in a safe and convenient manner; and 
(8) Establishment of policies that affirmatively advance and implement the federal 
Fair Housing Act, 42 United States Code, Chapter 45; 
Sec. 7. 30-A MRSA §4326, sub-§3-A, ~' as enacted by PL 2001, c. 578, §15, is 
amended to read: 
H. Ensure that the value of historical and.,_ archeological, tribal and cultural resources 
is recognized and that protection is afforded to those resources that merit it; 
COMMITTEE AMENDMENT 
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' 
COMMITTEEAMENDMENT"A "toS.P.699,L.D.1961 (S-'-!C,8) 
Sec. 8. 30-A MRSA §4326, sub-§3-A, ~' as amended by PL 2015, c. 349, §5, is 
further amended to read: 
I. 
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 shoreland and other areas identified in the local planning process as 
meriting that protection; and 
Sec. 9. 30-A MRSA §4326, sub-§3-A, 1J, as amended by PL 2019, c. 38, §7 and 
c. 145, §7, is further amended to read: 
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 jurisdictiont.:. 
Sec. 10. 30-A MRSA §4326, sub-§3-A, 1((, as corrected by RR 2019, c. 1, Pt. A, 
§40, is repealed. 
Sec. 11. 30-A MRSA §4326, sub-§3-A, ~' as corrected by RR 2019, c. 1, Pt. A, 
§41, is repealed. 
Sec. 12. 30-A MRSA §4326, sub-§3-A, ~' as enacted by PL 2019, c. 145, §9 
and reallocated by RR 2019, c. 1, Pt. A, §42, is repealed. 
Sec. 13. 30-A MRSA §4723, sub-§2, ~, as amended by PL 2015, c. 449, §3, is 
further amended to read: 
B. The Maine State Housing Authority, as authorized by Title 5, chapter 379, must 
have 10 commissioners, 8 of whom must be appointed by the Governor, subject to 
review by the joint standing committee of the Legislature having jurisdiction over 
eoonom.i-o de>,zelopm.ent housing matters and to confirmation by the Legislature. The 
9th commissioner is the Treasurer of State~ who serves as an ex officio voting member. 
The Treasurer of State may designate the Deputy Treasurer of State to serve in place 
of the Treasurer of State. The 10th commissioner is the director of the Maine State 
Housing Authority~ who serves as an ex officio nonvoting member. 
At least 3 
g:ubernatorial appointm.ents must include a representafr,ze of bankers, a representative 
of elderly people and a resident of housing that is subsidized or assisted by program.s 
of the United States Department ofHousiHg and Urban Developm.ent or of the Maine 
State HousiHg l ... uthority. lH. appointing the resident, the Governor shall give priority 
consideration to nom.inations that m.ay be m.ade by tenant associations established iH 
the State. Of the 5 remainiHg gubernatorial appointm.ents, the Governor shall give 
priority to a representafr,ze iHvolved iH the housing business and a representative of 
people with disabilities. The Governor, in making appointments or reappointments to 
fill vacancies for commissioners under this paragraph, shall ensure that commissioners 
of the Maine State Housing Authority meet the requirements outlined in paragraph B-1. 
The powers of the Maine State Housing Authority are vested in the commissioners. 
The commissioners may delegate such powers and duties to the director of the Maine 
State Housing Authority as they determine appropriate. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A"to S.P. 699,L.D. 1961 (S-'-f 98J 
The Governor shall appoint the chair of the commissioners from among the 8 
gubernatorial appointments. The chair serves as a nonvoting member, except that the 
chair may vote only when the chair's vote will affect the result. The commissioners 
shall elect a vice-chair of the commissioners from among their number. 
Following reasonable notice to each commissioner, 5 commissioners of the Maine 
State Housing Authority constitute a quorum for the purpose of conducting its business, 
exercising its powers and for all other purposes, notwithstanding the existence of any 
vacancies. Action may be taken by the commissioners upon a vote of a majority of the 
commissioners present, unless otherwise specified in law or required by its the Maine 
State Housing Authority's bylaws. 
The Maine State Housing Authority may meet by telephonic, video, electronic or other 
similar means of communication with less than a quorum assembled physically at the 
location of a public proceeding identified in the notice required by Title 1, section 406 
only if: 
(1) Each commissioner can hear all other commissioners, speak to all other 
commissioners and, to the extent reasonably practicable, see all other 
commissioners by videoconferencing or other similar means of communication 
during the public proceeding, and members of the public attending the public 
proceeding at the location identified in the notice required by Title 1, section 406 
are able to hear and, to the extent reasonably practicable, see all commissioners 
participating from other locations by videoconferencing or other similar means of 
communication; 
(2) Each commissioner who is not physically present at the location of the public 
proceeding and who is participating through telephonic, video, electronic or other 
similar means of communication identifies all persons present at the location from 
which the commissioner is participating; 
(3) A commissioner who participates while not physically present at the location 
of the public proceeding identified in the notice required by Title 1, section 406 
does so only when the commissioner's attendance is not reasonably practical. The 
reason that the commissioner's attendance is not reasonably practical must be stated 
in the minutes of the meeting; and 
(4) Each commissioner who is not physically present at the location of the public 
proceeding and who is participating through telephonic, video, electronic or other 
similar means of communication has received prior to the public proceeding all 
documents and materials discussed at the public proceeding, with substantially the 
same content as those presented at the public proceeding. Documents or other 
materials made available at the public proceeding may be transmitted to the 
commissioner not physically present during the public proceeding if the 
transmission technology is available. Failure to comply with this subparagraph 
does not invalidate an action taken by the Maine State Housing Authority at the 
public proceeding. 
Sec. 14. 30-A MRSA §4723, sub-§2, ,iB-1 is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A ,, to S.P. 699, L.D. 1961 ( s-4C, 5) 
B-1. The Governor, in making appointments or reappointments to fill vacancies for 
commissioners under paragraph B, shall ensure that commissioners of the Maine State 
Housing Authority include the following: 
(1) A commissioner who represents tenants, who is an advocate for tenants' rights 
or who resides in housing subsidized by the United States Department of Housing 
and Urban Development or the Maine State Housing Authority; 
(2) A commissioner who has knowledge and expertise in civil rights or in 
affirmatively advancing fair housing policy; 
(3) A commissioner who represents residents with disabilities or aging residents; 
( 4) A commissioner with expertise in energy efficiency issues regarding residential 
structures; and 
(5) Four members who have: 
(a) Experience or expertise in any of the following: housing development and 
rehabilitation; supporting unhoused populations; improving labor standards; 
economic and community development; transportation; municipal land use 
planning; the building trades; the real estate market; or banking and finance; 
and 
(b) An interest in and commitment to increasing the availability and 
affordability of housing opportunities for the people of the State. 
The Governor shall make a good faith effort to ensure that, to the extent possible, the 
commissioners of the Maine State Housing Authority closely reflect the geographic, 
gender and racial diversity of the State. 
Sec. 15. 30-A MRSA §4723, sub-§2, 1C, as amended by PL 2011, c. 560, § 1, is 
further amended to read: 
C. The Maine State Housing Authority must have a director, who must be a person 
qualified by training and experience to perform the duties of the office. The Governor 
shall appoint the director of the Maine State Housing Authority, subject to review by 
the joint standing committee of the Legislature having jurisdiction over eeonomie 
de¥elopment, housing matters and to confirmation by the Legislature. 
(1) The director is the chief administrative officer of the Maine State Housing 
Authority. The commissioners shall establish the rate and amount of compensation 
of the director. The commissioners are responsible for the performance review and 
tennination of the director. Any decision to terminate the director must be made 
by an affirmative vote of at least 5 commissioners. 
(3) 
The director of the Maine State Housing Authority shall supervise the 
administrative affairs and technical activities of the Maine State Housing Authority 
in accordance with the rules and policies established by the commissioners. The 
director of the Maine State Housing Authority may act in all personnel matters and 
may employ technical or legal experts and any other officers, agents and employees 
that the director requires, and shall determine their qualifications, duties and 
compensation. The director may delegate to the employees and agents any powers 
and duties that the director considers proper. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 699, L.D. 1961 ( S-'--f Cf~) 
Sec. 16. Transition. Notwithstanding the Maine Revised Statutes, Title 30-A, section 
4723, subsection 2, paragraphs B and B-1, a commissioner of the Maine State Housing 
Authority serving on the effective date of this Act continues to serve until the expiration of 
that commissioner's term.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill and removes the emergency preamble and emergency 
clause. This amendment includes among the state goals for actions of all state and 
municipal agencies that affect natural resource management, land use and development the 
goals of promoting housing choice and economic diversity in housing that is affordable to 
low-income and moderate-income households and addressing disparities in access to 
educational, occupational and other opportunities. It also changes the membership of the 
Maine State Housing Authority and clarifies that appointments to the Maine State Housing 
Authority and the appointment of the director of the authority are subject to review by the 
joint standing committee of the Legislature having jurisdiction over housing matters. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/25/22 feae 
LD 1961 
LR 2339(02) 
An Act To Help Alleviate Maine's Housing Shortage and Change the Membership of the Maine State 
Housing Authority 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ''Jt' (_ "::::>4°1 ~ j 
Committee: Labor and Housing 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Maine State Housing Authority 
Additional costs to the Maine State Housing Authority or the Department of Agriculture, Conservation and Forestry 
associated with the requirements of this legislation can be absorbed within existing budgeted resources. 
LR2339(02) - Fiscal Note - Page 1 of 1