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: Labor and Housing
Sponsors: HICKMAN, FECTEAU, DAUGHTRY, JACKSON, MIRAMANT, VITELLI, GERE, MORALES, SYLVESTER, TALBOT ROSS
Amends: 30-A MRSA §4312, 30-A MRSA §4723

Legislative Document
No. 1961
S.P. 699
In Senate, February 7, 2022
An Act To Help Alleviate Maine's Housing Shortage and Change the 
Membership of the Maine State Housing Authority
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on February 3, 2022.  Referred to the Committee 
on Labor and Housing pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Cosponsored by Speaker FECTEAU of Biddeford and
Senators: DAUGHTRY of Cumberland, President JACKSON of Aroostook, MIRAMANT of 
Knox, VITELLI of Sagadahoc, Representatives: GERE of Kennebunkport, MORALES of 
South Portland, SYLVESTER of Portland, TALBOT ROSS of Portland.
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 legislation needs to take effect before the expiration of the 90-day 
period in order to help alleviate the housing shortage in this State as soon as possible; 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 enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4312, sub-§3, ¶I, as amended by PL 2015, c. 349, §1, is 
further amended to read:
I.  To preserve the State's historic and, archeological, tribal and cultural resources;
Sec. 2.  30-A MRSA §4312, sub-§3, ¶M, as amended by PL 2021, c. 293, Pt. A, 
§45, is further amended to read:
M.  To encourage municipalities to develop policies that provide for accessory 
dwelling units; and
Sec. 3.  30-A MRSA §4312, sub-§3, ¶N, as enacted by PL 2019, c. 153, §3 and 
reallocated by RR 2019, c. 1, Pt. A, §39, is amended to read:
N.  To plan for the effects of the rise in sea level on buildings, transportation 
infrastructure, sewage treatment facilities and other relevant state, regional, municipal 
or privately held infrastructure, property or resources.;
Sec. 4.  30-A MRSA §4312, sub-§3, ¶O is enacted to read:
O. To address significant disparities in housing needs and access to educational, 
occupational and other opportunities;
Sec. 5.  30-A MRSA §4312, sub-§3, ¶P is enacted to read:
P. To affirmatively further the purposes of the federal Fair Housing Act, 42 United 
States Code, Chapter 45; and
Sec. 6.  30-A MRSA §4312, sub-§3, ¶Q is enacted to read:
Q. To promote housing choice and economic diversity in housing, including housing 
for both low-income and moderate-income households.
Sec. 7.  30-A MRSA §4723, sub-§2, ¶B, 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 14 commissioners, 8 12 of whom must be appointed by the Governor, subject 
to review by the joint standing committee of the Legislature having jurisdiction over 
economic development housing matters and to confirmation by the Legislature.  The 
9th 13th 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 14th commissioner is the director of the 
Maine State Housing Authority who serves as an ex officio nonvoting member.  At 
least 3 gubernatorial appointments must include a representative of bankers, a 
representative of elderly people and a resident of housing that is subsidized or assisted 
by programs of the United States Department of Housing and Urban Development or 
of the Maine State Housing Authority.  In appointing the resident, the Governor shall 
give priority consideration to nominations that may be made by tenant associations 
established in the State.  Of the 5 remaining gubernatorial appointments, the Governor 
shall give priority to a representative involved in the housing business and a 
representative of people with disabilities.  Commissioners appointed or reappointed by 
the Governor after April 20, 2022 must include: a commissioner who represents tenants 
or is an advocate for tenants’ rights; a commissioner who serves as a commissioner of 
a municipal housing authority; a commissioner who represents nonprofit affordable 
housing developers; a commissioner who has knowledge and expertise in housing 
energy efficiency; a commissioner who has knowledge and expertise in affirmatively 
advancing fair housing policy; a commissioner who has knowledge and expertise in 
regional planning; a commissioner who resides in housing that is subsidized by the 
United States Department of Housing and Urban Development or by the Maine State 
Housing Authority; a commissioner who represents financial institutions; a 
commissioner who represents real estate developers; a commissioner who has 
knowledge and expertise in economic and community development; a commissioner 
who represents persons with disabilities; and a commissioner who represents persons 
who are elderly. Commissioners may have overlapping qualifications but must be 
appointed or reappointed according to the requirements set forth in this paragraph. 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. 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.
The Governor shall appoint the chair of the commissioners from among the 8 12 
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 7 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. 8.  30-A MRSA §4723, sub-§2, ¶C, 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 economic 
development, 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 
termination of the director.  Any decision to terminate the director must be made 
by an affirmative vote of at least 5 7 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.
Sec. 9. Transition. Notwithstanding the Maine Revised Statutes, Title 30-A, section 
4723, subsection 2, paragraph B, 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. 
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill includes among the state goals for all state and municipal agencies affecting 
natural resource management, land use and development preserving the State’s tribal and 
cultural resources; addressing significant disparities in housing needs and access to 
educational, occupational and other opportunities; furthering the purposes of the federal 
Fair Housing Act; and promoting housing choice and economic diversity in housing, 
including housing for both low-income and moderate-income households. It also changes 
the membership of the Maine State Housing Authority and specifies 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.