An Act To Establish Minimum Environmental Compliance Standards for Subsidized Employers
Maine Legislature, Session 121, LD 1011
Committee: Natural Resources
Sponsors: THOMPSON, EDMONDS, BULL, COWGER, EDER, HUITON, TWOMEY
Amends: 5 MRSA §13070

Legislative Document 
No. lOll 
H.P.732 
House of Representatives, February 25, 2003 
An Act To Establish Minimum Environmental Compliance 
Standards for Subsidized Employers 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative THOMPSON of China. 
Cosponsored by Senator EDMONDS of Cumberland and 
17/~/J?~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BULL of Freeport, COWGER of Hallowell, EDER of Portland, HUITON of 
Bowdoinham, TWOMEY of Biddeford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §13070.P is enacted to read: 
§13070-P. 
Compliance with Environmental Standards for Subsidized 
Employers 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Major violation" means 
a violation of environmental 
laws under Title 38 that: 
(1) 
Results in significant environmental harm or risk 
to human health; 
(2) 
Presents an imminent and substantial endangerment 
of human health and safety or the environment; or 
(3) 
Is 
knowingly, 
intentionally 
or 
recklessly 
committed so as to constitute criminal conduct. 
B. 
"Taxpayer incentive payment" means any grant payment or 
tax credit, reimbursement or forgiveness made pursuant to: 
(1) 
The business 
equipment tax 
reimbursement 
under 
Title 36, chapter 915; 
(2) 
The Maine Employment Tax Increment Financing Act; 
(3) 
The jobs and investment tax credit under Title 36, 
section 5215; 
(4) 
The research expense tax credit under Title 36, 
section 5219-K; or 
(5) 
The shipbuilding facility credit under Title 36, 
chapter 919. 
2. 
Restrictions on public assistance payments. 
An employer 
that has not corrected a major violation of Title 38 within 120 
days 
from 
the 
date 
of 
the 
Department 
of 
Environmental 
Protection' s 
issuance 
of 
a 
notice 
of 
major 
violation 
is 
ineligible 
to 
receive 
taxpayer 
incentive 
payments 
until 
the 
Department of Environmental Protection certifies that the major 
violation 
has 
been 
corrected 
and 
that 
the 
employer 
is 
in 
compliance with the 
terms 
of 
any related consent 
agreement, 
consent order or court order. 
Page l-LR1330(l) 
3. 
Three major violations. 
An employer that has committed 
or more major violations within 3 years is ineligible to 
receive taxpayer incentive payments for one year from the date of 
the most recent major violation. 
4. 
Notice. 
The 
Department 
of 
Environmental 
Protection 
shall notify 
the 
Department 
of 
Administrative 
and 
Financial 
Service, Bureau of Revenue Services, the Department of Economic 
and 
Community 
Development 
and 
the 
appropriate 
municipal 
government when an employer is subject to a suspension of tax 
payer incentive payments 
under subsections 
and 
for 
any 
employer that has committed a major violation under Title 38. 
5. 
Economic 
benefit 
of 
taxpayer 
incentives. 
When 
calculating the 
amount of 
a 
fine 
for 
any employer that has 
committed a major violation under Title 38, the Department of 
Environmental Protection shall take into consideration the extent 
to 
which 
taxpayer 
incentive 
payments 
constitute 
an 
economic 
benefit that may be used to offset the fine and shall adjust the 
fine accordingly. 
6. 
Intervention. 
A citizen has 
the right to intervene 
pursuant to chapter 375 in an appeal of a suspension of taxpayer 
incentive payments under subsection 2. 
1. 
Environmental 
compliance 
fund 
established. 
An 
environmental compliance fund is established for the purpose of 
administering this section. 
The Department of Administrative and 
Financial Services, Bureau of Revenue Services shall divert to 
the fund 0.190 of the reimbursement for taxes paid on certain 
business 
property 
pursuant 
to 
Title 
36, 
chapter 
915. 
Any 
increase in fines collected by the Department of Environmental 
Protection attributable to subsection 5 must also be deposited 
into the fund. 
8. 
Rulemaking. 
The Department of Environmental Protection 
shall adopt rules to ensure effective administration of this 
section. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
SUMMARY 
This bill provides that an employer that has not corrected a 
violation of environmental laws is ineligible to receive benefits 
under a taxpayer incentive program such as the business equipment 
tax reimbursement program, 
the Maine 
Employment Tax 
Increment 
Financing Act and the shipbuilding facility credit.