Resolve, To Establish a Commission To Increase Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions
Maine Legislature, Session 130, LD 0609
Committee: Labor and Housing
Sponsors: FECTEAU, VITELLI, BERRY, BRADSTREET, CROCKETT, DOUDERA, MORALES, STOVER, WARREN, LIBBY

Legislative Document
No. 609
H.P. 445
House of Representatives, March 1, 2021
Resolve, To Establish a Commission To Increase Housing 
Opportunities in Maine by Studying Zoning and Land Use 
Restrictions
(EMERGENCY)
Received by the Clerk of the House on February 25, 2021.  Referred to the Committee on 
Labor and Housing pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401.
ROBERT B. HUNT
Clerk
Presented by Speaker FECTEAU of Biddeford.
Cosponsored by Senator VITELLI of Sagadahoc and
Representatives: BERRY of Bowdoinham, BRADSTREET of Vassalboro, CROCKETT of 
Portland, DOUDERA of Camden, MORALES of South Portland, STOVER of Boothbay, 
WARREN of Scarborough, Senator: LIBBY of Androscoggin.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this resolve establishes the Commission To Increase Housing Opportunities 
in Maine by Studying Zoning and Land Use Restrictions; and
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1.  Commission established.  Resolved:  That the Commission To Increase 
Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions, referred 
to in this resolve as "the commission," is established.
Sec. 2.  Commission membership.  Resolved:  That, notwithstanding Joint Rule 
353, the commission consists of 15 members appointed as follows:
1.  Two members of the Senate appointed by the President of the Senate, including a 
member from each of the 2 parties holding the largest number of seats in the Legislature;
2.  Two members of the House of Representatives appointed by the Speaker of the 
House, including a member from each of the 2 parties holding the largest number of seats 
in the Legislature;
3.  The Director of the Maine State Housing Authority, or the director's designee;
4.  One member representing the Office of the Governor, appointed by the Governor;
5.  Four public members, one representing a statewide municipal association, one 
representing a statewide organization that advocates for affordable housing, one 
representing statewide agricultural interests and one who is in the building trades, 
appointed by the President of the Senate; and
6.  Five public members, one representing a regional planning association or a 
statewide organization that advocates for smart growth policies and projects, one 
representing the real estate industry, one who is a residential developer, one representing 
an organization that advocates for low-income or middle-income renters or homeowners 
and one representing a local or statewide organization promoting civil rights that has racial 
justice or racial equity as its primary mission, appointed by the Speaker of the House.
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member is the House chair of the 
commission.
Sec. 4.  Appointments; convening of commission.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority for 
the commission to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That the commission is authorized to meet 6 times and 
shall:
1.  Review data on housing shortages in the State for low-income and middle-income 
households;
2.  Review state laws that affect the local regulation of housing;
3.  Review efforts in other states and municipalities to address housing shortages 
through changes to zoning and land use restrictions;
4.  Consider measures that would encourage increased housing options in the State, 
including but not limited to municipal incentives, state mandates, eliminating or limiting 
single-family-only zones and allowing greater housing density near transit, jobs, schools 
or neighborhood centers; and
5.  Review and consider the historical role of race and racism in zoning policies and 
the best measures to ensure that state and municipal zoning laws do not serve as barriers to 
racial equality.
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the commission, except that Legislative Council staff support 
is not authorized when the Legislature is in regular or special session.
Sec. 7.  Report.  Resolved:  That, notwithstanding Joint Rule 353, no later than 
November 3, 2021, the commission shall submit a report that includes its findings and 
recommendations, including suggested legislation, for presentation to the Joint Standing 
Committee on Labor and Housing.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve establishes the Commission To Increase Housing Opportunities in Maine 
by Studying Zoning and Land Use Restrictions, which is a 15-member commission directed 
to review data on housing shortages in the State for low-income and middle-income 
households, state laws that affect the local regulation of housing and efforts in other states 
and municipalities to address housing shortages; to consider measures that would 
encourage increased housing options in the State; and to review and consider the historical 
role of race and racism in zoning policies and the best measures to ensure that state and 
municipal zoning laws do not serve as barriers to racial equality.  The commission must, 
no later than November 3, 2021, submit a report, including suggested legislation, for 
presentation to the Joint Standing Committee on Labor and Housing.