APPROVED CHAPTER
JUNE 17, 2021 261
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
S.P. 305 - L.D. 953
An Act To Improve Affordable Housing Options and Services To Address
Homelessness
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §5222, sub-§1-C is enacted to read:
1-C. Affordable housing. "Affordable housing" has the same meaning as in section
5246, subsection 1.
Sec. 2. 30-A MRSA §5225, sub-§1, ¶A, as amended by PL 2011, c. 101, §12, is
further amended by amending subparagraph (7) to read:
(7) Organizational costs relating to the establishment of the district, including, but
not limited to, the costs of conducting environmental impact and other studies and
the costs of informing the public about the creation of development districts and
the implementation of project plans; and
Sec. 3. 30-A MRSA §5225, sub-§1, ¶A, as amended by PL 2011, c. 101, §12, is
further amended by amending subparagraph (8) to read:
(8) In the case of transit-oriented development districts, ongoing costs of adding
to an existing transit system or creating a new transit service and limited strictly to
transit operator salaries, transit vehicle fuel and transit vehicle parts replacements;
and
Sec. 4. 30-A MRSA §5225, sub-§1, ¶A, as amended by PL 2011, c. 101, §12, is
further amended by enacting subparagraph (9) to read:
(9) Costs associated with the development and operation of housing, including,
but not limited to, authorized project costs for improvements as described in
section 5249 even if such improvements are not made within an affordable housing
development district as defined in section 5246, subsection 2;
Sec. 5. 30-A MRSA §5225, sub-§1, ¶B, as amended by PL 2019, c. 148, §2, is
further amended to read:
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 B. Costs of improvements that are made outside the tax increment financing district
but are directly related to or are made necessary by the establishment or operation of
the district, including, but not limited to:
(1) Costs related to the construction, alteration or expansion of any facilities not
located within the district that are required due to improvements or activities within
the district, including, but not limited to, sewage treatment plants, water treatment
plants or other environmental protection devices; storm or sanitary sewer lines;
water lines; electrical lines; improvements to public safety facilities; and amenities
on streets;
(2) Costs of public safety improvements related to the establishment of the district;
and
(3) Costs of funding to mitigate any adverse impact of the district upon the
municipality or plantation and its constituents. This funding may be used for public
facilities and improvements if:
(a) The public facilities or improvements are located in a downtown tax
increment financing district; and
(b) The entire tax increment from the downtown tax increment financing
district is committed to the development program of the tax increment
financing district; and
(4) Authorized project costs for improvements as described in section 5249 in
support of municipal economic development activities regardless of whether such
costs are within an affordable housing development district as defined in section
5246, subsection 2;
Sec. 6. 30-A MRSA §5225, sub-§1, ¶C, as amended by PL 2019, c. 604, §3 and
c. 625, §3, is repealed and the following enacted in its place:
C. Costs related to economic development, environmental improvements, fisheries and
wildlife or marine resources projects, recreational trails, broadband service
development, expansion or improvement, including connecting to broadband service
outside the tax increment financing district, employment training or the promotion of
workforce development and retention within the municipality or plantation, including,
but not limited to:
(1) Costs of funding economic development programs or events developed by the
municipality or plantation or funding the marketing of the municipality or
plantation as a business or arts location;
(2) Costs of funding environmental improvement projects developed by the
municipality or plantation for commercial or arts district use or related to such
activities;
(3) Funding to establish permanent economic development revolving loan funds,
investment funds and grants;
(4) Costs of services and equipment to provide skills development and training,
including scholarships to in-state educational institutions or to online learning
entities when in-state options are not available, for jobs created or retained in the
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municipality or plantation. These costs must be designated as training funds in the
development program;
(5) Costs associated with quality child care facilities and adult care facilities,
including finance costs and construction, staffing, training, certification and
accreditation costs related to child care and adult care;
(6) Costs associated with new or existing recreational trails determined by the
department to have significant potential to promote economic development,
including, but not limited to, costs for multiple projects and project phases that may
include planning, design, construction, maintenance, grooming and improvements
with respect to new or existing recreational trails, which may include bridges that
are part of the trail corridor, used all or in part for all-terrain vehicles, snowmobiles,
hiking, bicycling, cross-country skiing or other related multiple uses;
(7) Costs associated with a new or expanded transit service, limited to:
(a) Transit service capital costs, including but not limited to: transit vehicles
such as buses, ferries, vans, rail conveyances and related equipment; bus
shelters and other transit-related structures; and benches, signs and other
transit-related infrastructure; and
(b) In the case of transit-oriented development districts, ongoing costs of
adding to an existing transit system or creating a new transit service and limited
strictly to transit operator salaries, transit vehicle fuel and transit vehicle parts
replacements;
(8) Costs associated with the development of fisheries and wildlife or marine
resources projects;
(9) Costs related to the construction or operation of municipal or plantation public
safety facilities, the need for which is related to general economic development
within the municipality or plantation, not to exceed 15% of the captured assessed
value of the development district;
(10) Costs associated with broadband and fiber optics expansion projects,
including preparation, planning, engineering and other related costs in addition to
the construction costs of those projects. If an area within a municipality or
plantation is unserved with respect to broadband service, as defined by the
ConnectMaine Authority as provided in Title 35‑A, section 9204‑A, subsection 1,
broadband and fiber optics expansion projects may serve residential or other
nonbusiness or noncommercial areas in addition to business or commercial areas
within the municipality or plantation; and
(11) Costs associated with the operation and financial support of:
(a) Affordable housing in the municipality or plantation to serve ongoing
economic development efforts, including the further development of the
downtown tax increment financing districts; and
(b) Housing programs and services to assist those who are experiencing
homelessness in the municipality or plantation as defined in the municipality's
or plantation's development program.
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 Sec. 7. 30-A MRSA §5225, sub-§1, ¶D, as amended by PL 2011, c. 101, §15, is
further amended to read:
D. Costs of constructing or improving facilities or buildings leased by State
Government or a municipal or plantation government that are located in approved
downtown tax increment financing districts.; and
Sec. 8. 30-A MRSA §5225, sub-§1, ¶E is enacted to read:
E. Costs associated with the development and operation of affordable housing or
housing services for persons who are experiencing homelessness as defined in the
municipality's or plantation's development program.
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Statutes affected:
Bill Text LD 953, SP 305: 30-A.5225
Bill Text ACTPUB , Chapter 261: 30-A.5225