MMA Request for Legal Review - RFP

Start Date: July 15, 2025
End Date: July 29, 2025
Type: Requests for Proposals (RFP)
Phone: 207 623-8428
Email: [email protected]

The Maine Municipal Association’s 12-member governing board is seeking an independent legal review of the enactment of LD 1829, An Act to Build Housing for Maine Families and Attract Workers to Maine Businesses by Amending the Laws Governing Housing Density. The bill, now PL 2025, c. 385, was enacted by the Maine State Legislature on June 17, 2025, and signed by Governor Mills on June 20, 2025.  The bill is now PL 2025, c. 385. 

While municipal leaders understand that it is the right of the legislature to direct municipalities as deemed necessary, there is nonetheless a provision in Maine’s constitution that ensures that the impacts on the property taxpayers are considered.  Article IX, Section 21 reads as follows:

State mandates.  For the purpose of more fairly apportioning the cost of government and providing local property tax relief, the State may not require a local unit of government to expand or modify that unit's activities so as to necessitate additional expenditures from local revenues unless the State provides annually 90% of the funding for these expenditures from State funds not previously appropriated to that local unit of government.  Legislation implementing this section or requiring a specific expenditure as an exception to this requirement may be enacted upon the vote of 2/3 of all members elected to each House.  This section must be liberally construed.

Considering the constitutional provision, as well as Title 30-A, §5685 guiding implementation of the mandate provision, MMA is seeking answers to the following questions:

• Do provisions of LD 1829, enacted as PL 2025, c. 385, constitute a mandate according to Maine’s constitution and state statutes?
• If yes:

1. 1. Which provisions of LD 1829 constitute a mandate?
2. 2. Was the bill properly enacted with either the mandate preamble and by a two-thirds majority of the Maine State Legislature or accompanied by an appropriation funding 90% of the mandated tasks?
3. 3. Considering the guidance provided to the Maine Legislature in the constitution and state statutes that the mandate provisions should be “liberally construed” and that “unless funded or exempt from state funding in accordance” participation is voluntary, how should municipalities proceed with respect to the implementation of LD 1829/PL 2025, c. 385?   

If you are interested in responding to this request, please send a written letter of interest and  response to Kate Dufour at [email protected]  no later than 5 p.m. on Tuesday, July 29.  In your response, please include the following:

1. Statement of Interest
2. Scope of Services - A brief description of how the firm would approach the constitutional review, including methods, timeline, and deliverables.
3. Qualifications and Expertise
   1. Description of the firm’s relevant experience.
   2. Identification of key personnel who would be assigned to the project, along with brief resumes or bios.
   3. List of similar work performed for other government agencies, if any.
4. Conflict of Interest - Please identify any and all potential conflicts with this review and how your firm would address those conflicts.
5. Confidentiality - A statement acknowledging that all work products, communication, and materials will be treated as confidential and privileged.
6.  Fee Proposal including
   1. Proposed hourly rates for attorneys and support staff.
   2. Alternative pricing options, if applicable (e.g., flat fee, blended rate).
   3. Any applicable administrative or incidental charges.
7. Point of Contact
   Name, phone number, and email address of the primary contact person.

Questions should be directed to Kate Dufour, Advocacy & Communications Director, at [email protected] or at (207) 623-8428.