An Act to Repurpose Vacant Shoppmg Mall and Retail Space to Mixed-use Housmg and Retail
Maine Legislature, Session 131, LD 0492
Committee Amendment CA_A_H557 (House)
Amends: 30-A MRSA §4364-C

COMMITTEE AMENDMENT ,ft " 
to HP 309, L D 492, "An Act to Repurpose 
Vacant Shoppmg Mall and Retail Space to Mixed-use Housmg and Retail" 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 30-A MRSA §4364-C, sub-§3 is enacted to read 
3. Residential units in commercial zones. As necessaiy to achieve the statewide and 
regional housmg production goals, a mumc1pahty shall adopt 01 dmances to allow the 
establishment of 1 esidenttal umts m high-density areas withm bmldmgs located m an at ea 
zoned for comme1 cial use, mcludmg but not limited to vacant or prui1ally vacant 1 etatl 
property An ordmance estabhshmg a lnmt on the numbei of 1 esidentrnl umts withm a 
buildmg m a location zoned for comme1 cial use, whether previously adopted or adopted 
pursuant to this subsect10n. must be proport10nal to the space available for i es1dential umts 
This subsection is not mtended to ieduce 01 change health 01 safety iequnements applicable 
to residential umts located m a mumctpahty ' 
Amend the btll by relettermg or renumbermg any nonconsecutive Part letter 01 section 
number to read consecutively 
SUMMARY 
This amendment replaces the bill, which 1s a concept draft The amendment adds a 
requirement that, as necessary to meet statewide 1 eg10nal housmg pt oduct1on goals, a 
mumc1pahty 1s 1equ11ed to adopt ordmances to allow the establishment of 1es1dential umts 
m bmldmgs on property zoned for commercial use mcludmg vacant 01 patitally vacant 
etail space The amendment also adds a fiscal note which states that the amendment 1s a 
potential state mandate 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/11/23 ~ae. 
LD492 
LR2040(02) 
An Act to Repurpose Vacant Shopping Mall and Retail Space to Mixed-use Housing and Retail 
Fiscal Note for Bill as Amended by Committee Amendment .,l\ 
Committee: Housing 
(H✓55?) 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate - Unfunded 
State Mandates 
Required Activity 
Unit Affected 
Requires mumcipalities to adopt ordmances to allow the establishment of residential 
Mumc1pality 
umts withm buildmgs located m areas zoned for c01mnercial use, mcludmg but not 
limited to, vacant or partially vacant retail property if necessary to achieve statewide 
and regional housmg production goals established pursuant to Title 5, section 13056, 
subsection 9 
Local Co, 
I 
Moderatr 
statewide 
The required local activities m this bill may represent a state mandate pursuant to the Constitution of Mame If the bill 
does require a local umt of government to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate prov1S1ons of the Constitut10n of Mame require either (1) General Fund 
appropnat10ns be provided to fund at least 90% of any additional necessitated local costs of the mandate, or (2) a 
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate fiom 
the fundmg requirement If the bill does represent a state mandate and neither one of these actions occurs, the local 
umts of government will not be required to unplement the mandated activities 
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