An Act To Create the Maine Redevelopment Land Bank Authority
Maine Legislature, Session 130, LD 1694
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: SACHS, JACKSON, BAILEY, BERNARD, CLOUTIER, MATLACK, TALBOT ROSS, POULIOT, VITELLI
Amends: 5 MRSA §12004-G, 30-A MRSA §5153, 38 MRSA §569-C, 38 MRSA §1367-B, 38 MRSA §2203-A

Legislative Document
No. 1694
H.P. 1259
House of Representatives, May 10, 2021
An Act To Create the Maine Redevelopment Land Bank Authority
Received by the Clerk of the House on May 6, 2021.  Referred to the Committee on 
Innovation, Development, Economic Advancement and Business pursuant to Joint Rule 308.2 
and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative SACHS of Freeport.
Cosponsored by President JACKSON of Aroostook and
Representatives: BAILEY of Gorham, BERNARD of Caribou, CLOUTIER of Lewiston, 
MATLACK of St. George, TALBOT ROSS of Portland, Senators: POULIOT of Kennebec, 
VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-G, sub-§7-G is enacted to read:
7-G.   
Economic 
Development 
Community Redevelopment Land 
Bank Authority
Expenses Only 
30-A MRSA 
§5153 
Sec. 2.  30-A MRSA c. 204 is enacted to read:
CHAPTER 204
COMMUNITY REDEVELOPMENT LAND BANK AUTHORITY
SUBCHAPTER 1
ESTABLISHMENT AND ORGANIZATION
§5151.  Title
This chapter may be known and cited as "the Community Redevelopment Land Bank 
Act."
§5152.  Findings and declaration of necessity
The Legislature finds and declares that:
1.  Blighted, abandoned, environmentally hazardous and functionally obsolete 
property burdens public resources.  There exist areas in the State in need of economic 
revitalization where blighted, abandoned and environmentally hazardous property and 
property that is both functionally obsolete and unfit to be repurposed for another use present 
burdens on municipal revenues and public health and safety;
2.  Need for revitalization.  In order to strengthen and revitalize the economy of the 
State and municipalities, it is in the best interest of the State to assemble and dispose of 
blighted, abandoned and environmentally hazardous property and property that is both 
functionally obsolete and unfit to be repurposed for another use in a coordinated manner to 
foster development of that property and promote economic growth;
3.  Coordinated development of blighted, abandoned, environmentally hazardous 
and functionally obsolete property serves the public interest.  The planning and 
preparation of revitalizing the economy through the acquisition of blighted, abandoned and 
environmentally hazardous property and property that is both functionally obsolete and 
unfit to be repurposed for another use using public money are a governmental concern and 
serve a valid public purpose; and
4.  Facilitate coordinated redevelopment of blighted, abandoned, environmentally 
hazardous and functionally obsolete property.  The establishment of the redevelopment 
authority is necessary to facilitate the relief of the conditions described in this section by 
assisting local, state and federal agencies and private entities in the redevelopment of 
blighted, abandoned and environmentally hazardous property and property that is both 
functionally obsolete and unfit to be repurposed for another use into economically 
productive use.  Properties identified as historic are not excluded from redevelopment as 
described in this subchapter if they meet the other criteria described in this subchapter.
§5153.  Community Redevelopment Land Bank Authority established; purpose
The Community Redevelopment Land Bank Authority, referred to in this chapter as 
"the redevelopment authority," is established and is a body corporate and politic and an 
instrumentality of the State.
The purpose of the redevelopment authority is to assist municipalities in the assembly 
and clearance of title to, and acquisition of, property identified as blighted, abandoned, 
environmentally hazardous or functionally obsolete that has documented potential to be 
used and developed in a way that will promote economic growth within the municipality 
and the State.  The transfer of property to the redevelopment authority by a municipality 
may be facilitated through its legislative body or through a municipal development 
authority.
§5154.  Appointment, qualifications and tenure
1.  Members appointed by the Governor.  The Governor shall appoint 9 members to 
serve as commissioners of the redevelopment authority subject to review by the joint 
standing committee of the Legislature having jurisdiction over economic and community 
development matters.  These members must include:
A.  A resident of the State who is a designated broker member of a statewide real estate 
commission;
B.  A resident of the State who is responsible for community redevelopment as an 
employee of a state-chartered bank;
C.  A resident of the State from each of the 2 congressional districts; 
D.  A full-time municipal economic and community development director in the State;
E.  A full-time planning professional employed by an urban or regional planning 
organization in the State;
F.  A person with experience in the field of preservation of historic property;
G.  A person with experience in environmental remediation of commercial property; 
and
H.  A person with experience in the development of residential communities and 
housing development.
2.  Term of office.  The commissioners of the redevelopment authority appointed under 
subsection 1 serve 3-year terms, except that the Governor shall initially appoint 2 
commissioners for a term of one year, 3 commissioners for a term of 2 years and 4 
commissioners for a term of 3 years.  A vacancy is filled by appointment for the remainder 
of the unexpired term of that commissioner.  Commissioners whose terms expire serve until 
their successors are appointed and confirmed.  Commissioners may serve no more than 2 
full consecutive terms.
3.  Ex officio members.  The following serve as ex officio, nonvoting members of the 
redevelopment authority:
A.  The Commissioner of Economic and Community Development or the 
commissioner's designee;
B.  The Commissioner of Environmental Protection or the commissioner's designee;
C.  The Director of the Maine State Housing Authority or the director's designee; and
D.  The Commissioner of Transportation or the commissioner's designee.
4.  Organization.  The redevelopment authority shall select a chair and a vice-chair 
from among its voting members and adopt bylaws to govern procedures.  The 
redevelopment authority shall hire an executive director and may hire staff and employ 
counsel as necessary.
§5155.  Community Redevelopment Land Bank Fund; sources of funding
The Community Redevelopment Land Bank Fund, referred to in this chapter as "the 
fund," is established as a dedicated nonlapsing fund to support the purposes of the 
redevelopment authority.  Fees collected pursuant to Title 38, section 2203-A, subsection 
2-A must be deposited into the fund.  Other sources of funding may include, but are not 
limited to, state or federal funds received by the redevelopment authority or municipal 
redevelopment authorities to support community redevelopment.  Unless otherwise 
specified, money received by the redevelopment authority for the express purpose of 
acquiring or developing property in accordance with this chapter must be deposited into 
the fund.
§5156.  Creation of municipal authorities
1.  Creation of authorities.  In each municipality in the State there may be created a 
public body corporate and politic to be known as "the municipal redevelopment authority" 
of the municipality.  A municipal redevelopment authority may not exercise any powers 
under this chapter unless the municipal legislative body declares by resolution that there is 
a need for a municipal redevelopment authority to function in that municipality.
2.  Procedure.  A municipal legislative body shall consider the need for a municipal 
redevelopment authority on its own motion or upon the filing of a petition signed by 25 
residents registered to vote in the municipality requesting that the municipal legislative 
body declare the need for a municipal redevelopment authority.
3.  Standard.  A municipal legislative body shall adopt a resolution declaring that there 
is a need for a municipal redevelopment authority in the municipality if it finds that:
A.  Blighted, abandoned, environmentally hazardous and functionally obsolete 
property exists in the municipality, burdening municipal resources; and
B.  Redevelopment of blighted, abandoned, environmentally hazardous and 
functionally obsolete property could provide opportunity for economic development.
4.  Appointment of commissioners.  Upon the adoption of a resolution by a municipal 
legislative body under subsection 3, the mayor of the city or the chair of the municipal 
legislative body shall appoint commissioners to the municipal redevelopment authority.  
The municipal redevelopment authority is composed of 5 local commissioners to be 
appointed as follows.
A.  Of the commissioners initially appointed under this subsection, 4 serve for terms 
of one, 2, 3 and 4 years, respectively, from the date of their appointment and the 
remaining appointee serves a 5-year term.  Thereafter, the commissioners are appointed 
for terms of 5 years, except that all vacancies must be filled for the unexpired terms. 
All subsequent appointments and appointments to fill a vacancy must be made as 
provided in this subsection.
B.  The commissioners must be residents of the municipality, some of whom have 
experience in real estate development, banking or finance and community planning.
5.  Organization.  A municipal redevelopment authority shall elect a chair and a vice-
chair from among its commissioners and adopt bylaws governing the municipal 
redevelopment authority's procedures.  A municipal redevelopment authority may employ 
a secretary, who is the executive director of the municipal redevelopment authority, and 
may employ its own counsel and legal staff.  A commissioner is not entitled to 
compensation except for reimbursement of travel expenses incurred in the discharge of 
duties.
§5157.  Application; exemption of certain properties
1.  Application.  All blighted, abandoned, environmentally hazardous and functionally 
obsolete property, including but not limited to property identified as historic, is subject to 
the provisions of this subchapter except as specifically exempt pursuant to subsection 2.
2.  Exemption.  Notwithstanding any provision of this chapter to the contrary, the 
redevelopment authority may not:
A.  Acquire any real property owned by a federally recognized Indian tribe or land 
owned by a federally recognized Indian tribe, including reservation land and land held 
in trust;
B.  Acquire land the majority of which is unimproved or is not integral to the 
redevelopment of the property; or
C.  Acquire property that is an active or former military facility that qualifies for 
inclusion in the Defense Environmental Restoration Program under 10 United States 
Code, Section 2701.
SUBCHAPTER 2
POWERS AND DUTIES
§5161.  Powers and duties generally
The Community Redevelopment Land Bank Authority has the following powers and 
duties:
1.  Intergovernmental agreements.  To enter into intergovernmental agreements with 
municipalities or municipal redevelopment authorities for transfer to the redevelopment 
authority property for title clearance, disposal of property and the return of property under 
the control of the redevelopment authority to the municipal redevelopment authority for 
redevelopment purposes;
2.  Agreements with federal agencies.  To enter into agreements with federal agencies 
related to funding of the redevelopment of property acquired in accordance with this 
chapter;
3.  Interagency agreements.  To enter into agreements with other state agencies for 
the purpose of redevelopment of property acquired in accordance with this chapter; 
4.  Issuance of bonds and application for funding.  To issue bonds and other 
obligations and apply for grants, loans and other financial assistance from state or federal 
government programs for redevelopment projects consistent with this chapter; 
5.  Eminent domain.  To acquire in a municipality with a municipal redevelopment 
authority all or any part of a property that is blighted, abandoned, environmentally 
hazardous or functionally obsolete by the exercise of the power of eminent domain in the 
same manner as described by section 5108; and
6.  Legislation.  To submit legislation to carry out the purposes of this chapter, 
including but not limited to creating an expedited foreclosure process for property 
appropriate for transfer to the redevelopment authority and the purposes of the chapter and 
to implement statewide community development guidelines established pursuant to section 
5162.
§5162.  Development Ready Community Planning Committee
1.  Committee established; membership.  The redevelopment authority shall 
establish the Development Ready Community Planning Committee for the purposes of 
establishing statewide guidelines and practices in community development.  The members 
of the committee are as follows:
A.  The executive director of the redevelopment authority;
B.  The Commissioner of Economic and Community Development or the 
commissioner's designee;
C.  A representative of the planning division within the Department of Transportation;
D.  A representative of the Department of Environmental Protection;
E.  A representative of a municipal planning assistance program within the Department 
of Agriculture, Conservation and Forestry;
F.  A representative of the Maine State Housing Authority;
G.  A representative of the Maine Municipal Association;
H.  A representative from each regional planning organization in the State; and
I.  Three residents of the State with experience in real estate development appointed by 
the executive director of the redevelopment authority.
2.  Community development guidelines.  The committee created under subsection 1 
shall establish community development guidelines intended to achieve the following goals:
A.  Assisting communities in preparing for new investment and development that 
maximize financial return for state and local economies, improve quality of life for 
local residents, address housing needs and advance environmental protection and 
transportation goals and specific locally identified priority needs;
B.  Assisting communities in designating priority investment areas in consultation with 
regional planning organizations, including but not limited to village centers, 
downtowns and adjacent neighborhoods, rural crossroads, high-impact corridors, 
working waterfronts and rural farmsteads; and
C.  Ensuring that redevelopment efforts are achievable by communities and based on 
the merit of the redevelopment project and community commitment toward the 
redevelopment project.
Sec. 3.  38 MRSA §569-C, sub-§1, as enacted by PL 2011, c. 206, §18, is amended 
to read:
1.  Limited exemption from liability.  Liability under section 570 does not apply to 
the State or any political subdivision, including the Community Redevelopment Land Bank 
Authority established under Title 30-A, chapter 204, that acquired ownership or control of 
an oil storage facility through tax delinquency proceedings pursuant to Title 36, or through 
any similar statutorily created procedure for the collection of governmental taxes, 
assessments, expenses or charges, or involuntarily through abandonment, or in 
circumstances in which the State or political subdivision involuntarily acquired ownership 
or control by virtue of its function as a sovereign.  The exemption from liability provided 
under this subsection does not apply if:
A.  The State or political subdivision causes, contributes to or exacerbates a discharge 
or threat of discharge from the facility; or
B.  After acquiring ownership of the facility and upon obtaining knowledge of a release 
or threat of release, the State or political subdivision does not:
(1)  Notify the department within a reasonable time after obtaining knowledge of 
a discharge or threat of discharge;
(2)  Provide reasonable access to the department and its authorized representatives 
so that necessary response actions may be conducted; and
(3)  Undertake reasonable steps to control access and prevent imminent threats to 
public health and the environment.
Sec. 4.  38 MRSA §1367-B, sub-§1, as enacted by PL 1991, c. 811, §4 and affected 
by §7, is amended to read:
1.  Limited exemption from liability.  Liability under section 1367 does not apply to 
the State or any political subdivision, including the Community Redevelopment Land Bank 
Authority established under Title 30-A, chapter 204, that acquired ownership or control of 
an uncontrolled hazardous substance site through tax delinquency proceedings pursuant to 
Title 36, or through any similar statutorily created procedure for the collection of 
governmental taxes, assessments, expenses or charges, or involuntarily through 
abandonment, or in circumstances in which the State or political subdivision involuntarily 
acquired ownership or control by virtue of its function as a sovereign.  The exemption from 
liability provided under this subsection does not apply to the State or any political 
subdivision that has caused, contributed to or exacerbated a release or threatened release of 
a hazardous substance on or from the uncontrolled site.
Sec. 5.  38 MRSA §2203-A, sub-§2-A is enacted to read:
2-A.  Community Redevelopment Land Bank Authority fee.  Beginning January 1, 
2022, in addition to the per ton fee required in subsection 1, commercial, municipal, state-
owned and regional association landfills shall collect a $3 per ton fee for the disposal of 
construction and demolition debris and residue from the processing of construction and 
demolition debris for transfer to the Community Redevelopment Land Bank Fund 
established by Title 30-A, section 5155.
SUMMARY
This bill establishes the Community Redevelopment Land Bank Authority to 
coordinate the acquisition of blighted, abandoned and environmentally hazardous or 
functionally obsolete property for redevelopment, including property identified as historic 
but not including real property owned by a federally recognized Indian tribe, unimproved 
land or an active or former military facility.  The bill establishes a fund to support the 
purpose of the authority, which includes as a source of revenue a fee on the disposal of 
construction and demolition debris.  The bill also authorizes the creation of municipal 
redevelopment authorities to work with the Community Redevelopment Land Bank 
Authority for the purpose of transferring property and coordinating redevelopment.  The 
Community Redevelopment Land Bank Authority is required to establish a Development 
Ready Community Planning Committee for the purposes of establishing statewide 
community redevelopment guidelines.