Public Laws

124th Legislature

First Regular Session



Chapter 21

H.P. 214 - L.D. 271

An Act To Encourage Economic Recovery and Employment Growth To Support Maine's Working Waterfronts

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  Maine's working waterfront industries are critical to the growth of the State's economy and bolstering these industries, which have suffered unexpected catastrophic events in regions of high unemployment, by providing Pine Tree Development Zone benefits could help them recover more rapidly and allow them to continue to be valuable assets to the economy; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 30-A MRSA §5250-I, sub-§4,  as amended by PL 2005, c. 351, §1, is further amended to read:

4. Base level of employment.   "Base level of employment" means the greater of either the total employment in the State of a business as of March 31st, June 30th, September 30th and December 31st of the calendar year immediately preceding the year of the business's application to become a certified Pine Tree Development Zone business divided by 4 or its average employment during the base period. Pursuant to section 5250-J, subsection 4-A, "base level of employment" may be adjusted to mean 25% of the average number of employees of that business over the 3 months immediately preceding the catastrophic occurrence.

Sec. 2. 30-A MRSA §5250-I, sub-§5-A  is enacted to read:

5-A Catastrophic occurrence.   "Catastrophic occurrence" means accidental fire, flood, hurricane, windstorm, earthquake or other similar event.

Sec. 3. 30-A MRSA §5250-I, sub-§23  is enacted to read:

23 Working waterfront.   "Working waterfront" means a parcel of land abutting water subject to tidal influence or land located in the intertidal zone that is used primarily or predominantly to provide access to or support the conduct of commercial fishing and marine activities. For purposes of this subsection, "parcel" includes an entire unit of real estate notwithstanding the fact that it is divided by a road, way, railroad or pipeline.

Sec. 4. 30-A MRSA §5250-I, sub-§24  is enacted to read:

24 Working waterfront industry.   "Working waterfront industry" means an industry primarily involved in supporting commercial fishing, marine and boat building activities.

Sec. 5. 30-A MRSA §5250-J, sub-§4-A  is enacted to read:

4-A Catastrophic occurrence; benefits.   A qualified Pine Tree Development Zone business whose primary purpose is to support the State’s working waterfront industry may apply for an adjustment of the base level of employment as described in this section, if it meets the following criteria:
A It is located on a working waterfront in a Pine Tree Development Zone;
B It has sustained at least a 5% loss of employed workers due to a catastrophic occurrence; and
C It has appropriate infrastructure and zoning or other land use regulations in place.

For the purposes of this section and calculation of Pine Tree Development Zone benefits in section 5250-I, subsection 14, the base level of employment may be adjusted to mean 25% of the average number of employees of that business over the 3 months immediately preceding the catastrophic occurrence. A qualified business must apply for an adjustment of the base level of employment within 16 months of the catastrophic occurrence. Applications pursuant to this subsection must be received by August 1, 2011.

Sec. 6. 36 MRSA §6753, sub-§4,  as amended by PL 2005, c. 351, §21, is further amended to read:

4. Base level of employment.   "Base level of employment" means the greater of either the total employment of a business as of the March 31st, June 30th, September 30th and December 31st of the calendar year immediately preceding the application for approval of the employment tax increment financing development program divided by 4 or its average employment during the base period. Pursuant to Title 30-A, section 5250-J, subsection 4-A, "base level of employment" may be adjusted to mean 25% of the average number of employees of that business over the 3 months immediately preceding the catastrophic occurrence.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

Effective April 9, 2009.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333