CHAPTER 73
H.P. 364 - L.D. 472
Resolve, Directing the Community Preservation Advisory Committee To Study Issues Pertaining to Barriers to Affordable Housing in the State
Sec. 1. Community Preservation Advisory Committee to study issues pertaining to affordable housing. Resolved: That the Community Preservation Advisory Committee, as established in the Maine Revised Statutes, Title 30-A, section 4350, referred to in this resolve as "the committee," shall undertake a comprehensive study to identify regulatory or other barriers to the creation of affordable housing in the State. For each barrier identified, the committee shall make recommendations on ways to reduce that barrier and to provide incentives for the creation of affordable housing. The committee's study must include, but is not limited to, a review of and recommendations on methods to remove or reduce barriers to the creation or availability of affordable housing created by:
1. State rules or local regulations that inhibit the construction of new affordable housing units or the renovation of existing buildings for the purpose of creating affordable housing units. The committee's recommendations in this area must be consistent with the legitimate concerns of the State and the local communities for healthy neighborhoods, sound environmental practices, sustainable affordability and inclusive communities;
2. Zoning or zoning practices that create barriers to affordable housing;
3. Laws pertaining to municipal impact fees, as allowed under Title 30-A, section 4354, to the extent those laws create barriers to the creation of affordable housing. In reviewing this issue, the committee shall consider and make recommendations on exempting affordable housing units from such impact fees and applying that exemption only to affordable housing located within a locally designated growth area identified in the municipality's comprehensive land use plan. If the committee recommends such an exemption, its recommendations must include specific recommendations on how an exemption would be calculated and applied and what impact that exemption would have on the ability of a municipality to adequately fund infrastructure improvements necessitated by the construction of those units;
4. Laws pertaining to municipal moratoria on development permits, as allowed under Title 30-A, section 4356, to the extent those laws create barriers to the creation of affordable housing. In reviewing this issue, the committee shall consider and make recommendations on exempting affordable housing units from such moratoria and applying that exemption only to affordable housing located within a locally designated growth area identified in the municipality's comprehensive land use plan;
5. Laws pertaining to municipal rate of growth ordinances, as allowed under Title 30-A, section 4314, to the extent those laws create barriers to the creation of affordable housing units. In reviewing this issue, the committee shall consider and make recommendations on exempting affordable housing units from such laws pertaining to municipal rate of growth ordinances;
6. Barriers to the creation of affordable rental housing, including the unavailability of deposit assistance, in areas of the State where rental housing is unaffordable;
7. Barriers to the construction or availability of affordable housing for veterans, seniors, retirees, persons with disabilities and homeless persons; and
8. Other barriers to the construction or availability of affordable housing identified by the committee or by stakeholders; and be it further
Sec. 2. Consultation with stakeholders. Resolved: That the committee shall consult with stakeholders during this study and in the development of its recommendations. Those stakeholders include, but are not limited to, the following:
1. The Commissioner of Economic and Community Development;
2. The Director of the Maine State Housing Authority;
3. The Executive Director of the State Planning Office within the Executive Department;
4. The President of the Maine State Chamber of Commerce;
5. The Executive Director of the Maine Municipal Association;
6. The President of the Maine Association of Planners;
7. A representative from a neighborhood association;
8. A representative from a city council;
9. A municipal officer;
10. A representative from a town planning board;
11. A representative from a nonprofit housing developer;
12. A representative from a for-profit housing developer;
13. A representative from a land trust;
14. A representative from a manufactured housing manufacturer;
15. A representative from a financial institution;
16. A representative from the business community;
17. A representative of the York County Initiative to End Homelessness;
18. A representative of the Genesis Community Loan Fund;
19. A representative from an organization in the Lewiston-Auburn area that is active in matters pertaining to affordable housing;
20. A representative of the Maine Affordable Housing Network; and
21. A person representing the AFL-CIO; and be it further
Sec. 3. Staff assistance. Resolved: That the Executive Department, State Planning Office shall, within its existing budgeted resources, provide staffing assistance to the committee in conducting this study; and be it further
Sec. 4. Drafting assistance. Resolved: That the Office of Policy and Legal Analysis shall draft any legislation recommended by the committee to implement its recommendations; and be it further
Sec. 5. Report. Resolved: That the committee shall incorporate its findings and recommendations, including suggested legislation, into the annual report required under the Maine Revised Statutes, Title 30-A, section 4350, subsection 9, paragraph A and provide a copy of the report to the Joint Standing Committee on Business, Research and Economic Development no later than December 1, 2003; and be it further
Sec. 6. Legislation. Resolved: That the Joint Standing Committee on Business, Research and Economic Development may report out a bill during the Second Regular Session of the 121st Legislature on issues pertaining to barriers to affordable housing.
Effective September 13, 2003, unless otherwise indicated.
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