Sec. 1. 30-A MRSA §4357-A, sub-§2, as enacted by PL 1997, c. 442, §2, is amended to read:

2. Single-family use. In order to implement the policy of this State that persons with disabilities are not excluded by municipal zoning ordinances from the benefits of normal residential surroundings, a community living arrangement is deemed a conditional single-family use of property for the purposes of zoning.

Sec. 2. 30-A MRSA §4357-A, sub-§§3 to 4 are enacted to read:

3.__Procedures for conditional single-family uses.__Prior to the issuance of a permit for conditional single-family uses, the person proposing the community living arrangement must file an application for conditional approval.__In accordance with the usual procedures for notice and hearing, the board of appeals shall hear the application.__The board may approve, approve with conditions or deny the application.

4.__Application.__The conditional use requirements of this section do not apply to a community living arrangement in existence in municipalities prior to October 1, 1999 for which a permit application was filed prior to October 1, 1999 or for which a permit was granted by a municipality prior to October 1, 1999.

Sec. 3. Study established. There is established the Commission to Study and Develop Criteria for Siting Community Living Arrangements, referred to in this section as the "commission."

1. Membership. The commission consists of 15 representative members appointed as follows.

A. The Governor shall appoint one person from the office of the Governor and one person from the State Planning Office.

B. The Executive Director of the Maine State Housing Authority shall appoint one person from among providers of services to persons who are homeless.

C. The Commissioner of Human Services shall appoint one person from the Department of Human Services to represent providers and recipients of services to children.

D. The Commissioner of Mental Health, Mental Retardation and Substance Abuse Services shall appoint one person to represent providers and recipients of mental health services.