An Act To Amend the Economic Development Statutes
Maine Legislature, Session 122, LD 1503
Committee: Business, Research and Economic Development
Sponsors: BERUBE, DOW, AUSTIN, BEAUDETTE, CROSBY, RECTOR, SMITH, ROSEN
Amends: 5 MRSA §934-A, 5 MRSA §13033, 5 MRSA §13105, 5 MRSA §13120-B, 5 MRSA §13120-D, 5 MRSA §13120-I, 5 MRSA §13120-J, 5 MRSA §13120-N, 5 MRSA §13120-P, 5 MRSA §15302, 5 MRSA §15306, 5 MRSA §15308, 10 MRSA §363, 10 MRSA §384, 10 MRSA §96, 20-A MRSA §1270

Legislative Document 
No. 1503 
H.P.1055 
House of Representatives, March 29, 2005 
An Act To Amend the Economic Development Statutes 
Submitted by the Department of Economic and Community Development pursuant to Joint 
Rule 204. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative BERUBE of Lisbon. 
Cosponsored by Senator DOW of Lincoln and 
7r/~ 
/17. 7J?t1C~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: AUSTIN of Gray, BEAUDETTE of Biddeford, CROSBY of Topsham, 
RECTOR of Thomaston, ROSEN of Bucksport, SMITH of Monmouth, Senator: ROSEN of 
Hancock. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §934-A, sub-§I, as amended by PL 2003, c. 673, 
Pt. M, §1, is repealed and the following enacted in its place: 
1. 
Major 
policy-influencing 
position. 
The 
Deputy 
Commissioner is a major policy influencing position within the 
Department of Economic and Community Development. 
The Deputy 
Commissioner is appointed by the Commissioner of Economic and 
Community Development and serves at the commissioner's pleasure. 
Notwithstanding any other provision of law. this position and its 
successor position is subject to this chapter. 
Sec. 2. 5 MRS A §3327, sub-§I, 1[G, as amended by PL 2003, c. 9, 
§1, is further amended to read: 
G. 
The Commissioner of Economic and Community Development 
or the commissioner's designee; 
Sec. 3. 5 MRSA §13033, as amended by PL 2003, c. 681, §5, is 
further amended to read: 
S13033. Membership 
The commission consists of 10 members: 
the Chief Executive 
Officer of the Finance Authority of Maine or the chief executive 
officer's designee; the Commissioner of Economic and Community 
Development or the commissioner's designee; the House and Senate 
chairs of the joint standing committee of the Legislature having 
jurisdiction over business, 
research and economic 
development 
matters, who are ex officio, nonvoting members; the chair of the 
Small Business Development Centers Advisory Council; the District 
Director of the United States Small Business Administration's 
Maine District Office; and a designee from the administrative 
unit and 3 public members with expertise and knowledge in small 
business and entrepreneurship, appointed by the commissioner. 
Sec. 4. 5 MRSA c. 383, sub-c.l-B, as amended, is repealed. 
Sec. 5. 5 MRSA §13105, sub-§l, as enacted by PL 2003, c. 673, 
Pt. M, §8, is amended to read: 
1. Office established. 
The commissioner shall establish the 
Office of Innovation, 
referred to in this subchapter as "the 
office." The office shall encourage and coordinate the State's 
research and development activities to foster collaboration among 
the State's higher education and nonprofit research institutions 
and the business community. 
The commissioner shall appoint the 
Page I-LR0415(1) 
State Science Advisor, who shall serve as the Director of the 
Office of Innovation. 
Sec. 6. 5 MRSA §13120-B, sub-§I, as enacted by PL 2001, c. 
703, §6, is amended to read: 
1. 
Carryinq costs. 
"Carrying costs" means reasonable costs 
incurred 
for 
the 
maintenance, 
protection 
and 
security of 
a 
eemmQsi~y speculative industrial building prior to occupancy, 
including, but not limited to, insurance, taxes and interest. 
Sec. 7. 5 MRSA §13120-B, sub-§5, as enacted by PL 2001, c. 
703, §6, is repealed. 
Sec. 8. 5 MRSA §13120-B, sub-§11 is enacted to read: 
11. 
Speculative 
industrial 
building. 
"Speculative 
industrial building" means 
a 
building of flexible design and 
suitable 
for 
commercial 
use, 
for 
which 
the 
construction or 
carrying costs or both are financed through this subchapter for 
the purpose of creating new jobs in a municipality resulting from 
the sale or lease of the building. 
Sec. 9. 5 MRS A §13120-C, sub-§I, ,A, as enacted by PL 2001, c. 
703, §6, is amended to read: 
A. 
GemmQsity 
Speculative 
industrial 
building 
program, 
pursuant to section l3l20-N; 
Sec. 10. 5 MRSA §13120-D, sub-§I, ,B, as enacted by PL 2001, 
c. 703, §6, is amended to read: 
B. 
Two ex officio members: 
(1) 
The 
Commissioner 
of 
Economic 
and 
Community 
Development or the commissioner's designee; and 
(2) 
The 
Chief 
Executive 
Officer 
of 
the 
Finance 
Authority of Maine or the chief executive officer's 
designee. 
Sec. 11. 5 MRSA §13120-I, sub-§I, as amended by PL 2003, c. 
281, §4, is further amended to read: 
1. 
Authorization. 
The authority may provide by resolution 
for 
the 
issuance 
of 
bonds 
for 
the 
purpose 
of 
funding 
the 
GemmQsity Speculative Industrial Buildings Fund, or any successor 
to 
the 
fund, 
for 
the 
construction 
of 
proposed 
commercial 
facilities and 
improvement of existing or acquired commercial 
facilities and for the fulfillment of other undertakings that it 
may assume. 
The bonds of the authority do not constitute a debt 
of the State or of any agency or political subdivision of the 
State but are payable solely from the revenue of the authority, 
and neither the faith nor credit nor taxing power of the State or 
any political subdivision of the State is pledged to payment of 
the bonds. 
Notwithstanding any other provision of law, any bonds 
issued pursuant to this subchapter are fully negotiable. 
If any 
member of the board of trustees whose signature appears on the 
bond or coupons ceases to be a member of the board of trustees 
before the delivery of those bonds, that signature is valid and 
sufficient for all purposes as if that member of the board of 
trustees had remained a member of the board of trustees until 
delivery. 
Sec. 12. 5 MRSA §13120-I, sub-§3, as enacted by PL 2001, c. 
703, §6, is amended to read: 
3. 
Money received. 
All money 
received 
from 
any bonds 
issued must be applied solely for loans to municipalities or 
local 
development 
corporations 
for 
e9ffiffi~Bi~y 
speculative 
industrial buildings, for the construction of proposed commercial 
facilities and improvement of existing or acquired commercial 
facilities and for the fulfillment of other undertakings that are 
within the power of the authority. 
There is created a lien upon 
the money until so applied in favor of the bondholders or any 
member of the board of trustees as may be provided in respect of 
the bonds. 
Sec. 13. 5 MRSA §13120-J, sub-§I, as enacted by PL 2001, c. 
703, §6, is amended to read: 
1. 
Acquisition of interest. 
A member of the board of 
trustees or employee of the authority may not acquire or hold a 
direct or an indirect personal financial 9F-peFs9Ba* interest in: 
A. 
An authority activity; 
B. 
Property or facilities included, planned to be included 
or expected to directly benefit from an authority activity; 
or 
C. 
A contract or proposed contract in connection wi th an 
authority activity. 
When an acquisition is involuntary, the interest acquired must be 
disclosed immediately in writing to the board of trustees and the 
disclosure must be entered in the board of trustees' minutes. 
Sec. 14. 5 MRSA §13120-N, as amended by PL 2003, c. 281, §§S 
SO 
and 6, is further amended to read: 
§13120-N. Speculative industrial building program 
The authority may assist a municipality or local 
corporation 
to 
construct 
a 
eemm~B~EY sQeculative 
building 
by 
loaning 
the 
municipality 
or 
local 
corporation money for construction or carrying costs 
the project, subject to the following. 
development 
industrial 
development 
or both for 
1. 
Project. 
The following conditions apply to a project 
receiving money under this section. 
A. 
The project must be within the scope of this subchapter, 
must be of public use and benefit and must reasonably be 
expected to accomplish one or more of the following: 
(1) 
Create new employment opportunities; 
(2) 
Retain or improve existing employment; or 
(3) 
Improve 
the 
competitiveness 
of 
the 
occupant 
business. 
B. 
Not 
more 
than 
industrial 
building 
municipality. 
one 
unoccupied 
project 
may 
eemm~BiEY sQeculative 
be 
financed 
in 
a 
C. 
The authority shall charge interest on loans or funds 
provided under this section to the municipality or local 
development 
corporation 
for 
a 
eemm~BiEY 
sQeculative 
industrial building that remains unoccupied for 3 or more 
years following completion of the building. 
D. 
The authority shall adopt rules under chapter 375 with 
respect to: 
(1) 
The methodology and criteria for allocating funds 
to eemm~BiEY speculative industrial building projects; 
(2) 
The process through which municipalities and local 
development 
corporations 
must 
apply 
for 
eemm~BiEY 
speculative industrial building funds; 
(3) 
Rates 
of 
interest, 
the 
duration 
of 
interest 
payments and any other terms to which municipalities 
and 
local 
development 
corporations 
must 
be 
subject 
under this paragraph; and 
(4) 
Other 
matters 
necessary 
to 
the 
proper 
administration of this section. 
Rules adopted under this paragraph are routine technical 
rules pursuant to chapter 375, subchapter 2-A. 
2. 
Obligations. 
The 
municipality or 
local 
development 
corporation receiving money under this section must: 
A. 
Own, 
or hold on long-term lease, 
the site for the 
project; 
B. 
Be responsible for and present evidence to the authority 
of its ability to carry out the project as planned; 
C. 
8i te and maintain the eeHlHlliBity speculative industrial 
building on property that is appropriate to the size and 
location of the eeHlHlliBity speculative industrial building; 
D. 
Provide 
and 
maintain, 
with 
funds 
other 
than 
those 
provided by the authority, an adequate access road from a 
public highway to the proposed site and provide and maintain 
water, 
sewer 
and 
power facilities. 
The municipality or 
local 
development 
corporation 
must 
be 
responsible 
for 
plowing out the plant site at all times and for landscaping 
the grounds surrounding the building until the building is 
occupied by a tenant; 
E. 
Comply with applicable zoning, 
planning and sanitary 
regulations 
in 
the 
municipality 
where 
the 
eeffiffiliBity 
speculative industrial building is to be located. 
A loan 
may not be approved and a certificate of approval for the 
project or for any subsequent enlargement or addition to the 
project 
may 
not 
be 
issued 
until 
the 
Department 
of 
Environmental Protection has certified to the authority that 
all licenses required by the authority have been issued or 
that none are required; and 
F. 
Make 
adequate 
provisions 
for 
insurance 
and 
fire 
protection and for maintenance of the eeffiffiliBity speculative 
industrial building while it is unoccupied. 
3. 
Loan tenDs. 
Terms for a loan under this section are as 
follows. 
A. 
The authority shall prescribe the terms and conditions 
of the loan. 
B. 
Loans must be repaid in full, including interest and 
other 
charges, 
within 
days 
after 
the 
eeHlHlliBity 
speculative industrial building is occupied. 
c. 
A eemmQBity speculative industrial building financed by 
an authority loan may not be sold or leased without the 
express 
approval 
of 
the 
purchaser 
or 
lessee 
by 
the 
authority. 
If 
the 
municipality 
or 
local 
development 
corporation 
and 
the 
authority 
agree 
that 
a 
eeHlHlQBity 
speculative industrial building is unlikely to be sold in 
the near future despite a marketing effort, the authority 
may 
permit 
an 
interim 
lease 
upon 
terms 
it 
considers 
appropriate for the protection of the GemmQBity Speculative 
Industrial Buildings Fund or any successor to the fund. 
Occupation of the premises under an interim lease does not 
require payment in full of the entire loan within 90 days, 
as provided in paragraph B. 
4. 
Marketing and promotion. 
The municipality or 
local 
development corporation receiving money under this section shall 
make a reasonable and continual effort to market the e8H1H1QBity 
speculative industrial building for sale into private commercial 
use. 
Upon the request of the authority, 
the municipality or 
local 
development 
corporation shall present 
evidence 
of its 
marketing efforts 
and 
expenditures 
related to 
the 
eeHlHlQBity 
speculative industrial building. 
5. 
Taxes. 
While 
a 
eeHlHlQBity 
building 
under 
this 
section 
remains 
mortgage is held by the authority, it 
legitimate public use and benefit and 
and special assessments of the State 
subdivisions. 
speculative 
industrial 
unoccupied 
and 
a 
first 
is property held for a 
is exempt from all taxes 
or any of its political 
6. 
Municipality. 
A municipality may raise or appropriate 
money supporting and guaranteeing the obligation of a chamber of 
commerce, board of trade or local development corporation for the 
purpose 
of 
constructing 
a 
eeHlHlQBity 
speculative 
industrial 
building subject to the provisions of this subchapter. 
Sec. 15. 5 MRSA §13120-P~ sub-§§2 and 3, as amended by PL 2003, 
c. 281, §8, are further amended to read: 
2. 
Redevelopment 
of 
property. 
Except 
as 
provided 
in 
section 13120-Q, the authority may undertake the redevelopment of 
property as an owner or lender for subsequent use and sale under 
the following conditions: 
A. 
The property has been previously and materially used as 
a 
commercial 
facility or 
the 
property 
is 
suitable 
for 
adaptive use as a commercial or industrial facility; 
B. 
The property is currently not in productive commercial 
use or is expected to be taken out of productive commercial 
use within the immediate future; 
c. 
The property has not been placed under a purchase option 
or contract; 
D. 
The authority, using due diligence, has determined that: 
(1) 
There 
is 
a 
property will become 
redevelopment; and 
reasonable 
expectation 
that 
financially viable following 
the 
its 
(2) 
The economic benefits, 
of employment opportuni ties, 
the redevelopment justify the 
authority's equity, security 
property; and 
including the restoration 
expected to result from 
risks associated with the 
or other interest in the 
E • 
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BeFBe---h¥---~ae 
~ municipality 
eF.L 
local 
development 
corporation or another entity will provide funding for the 
project equal to 
25% 
of 
the funding that the authority 
provides to the project. 
The authority may finance undeveloped land or personal property 
only if the undeveloped land or personal property is part of the 
overall redevelopment project. 
3. 
Development of property. 
Except as provided in section 
13l20-Q, the authority may undertake the development of property 
as an owner or lender for subsequent use and sale under the 
following conditions: 
A. 
The property consists of real estate that is zoned, 
sited or otherwise suitable for development as a commercial 
facility; 
B. 
The property is currently not in productive commercial 
use; 
C. 
The property has not been placed under a purchase option 
or contract; 
D. 
The authority, using due diligence, has determined that: 
(1) 
There 
is 
a 
property will become 
development; 
reasonable 
expectation 
that 
financially viable following 
the 
its 
(2) 
The 
development 
of 
employment opportunities 
within the region; and 
the 
property 
will 
and other economic 
create 
benefits 
(3) 
The economic benefits expected to result from the 
development 
justify 
the 
risks 
associated 
with 
the 
authority's 
equity~, __ ~luo~a~n~~o~r __ ~out~h~e~r~ 
interest in the 
property; and 
E. 
At-.J.-e-a&t--+~-9~-~he--t.-ot.-a-1--GG-s-t;.-te-~~-e-,-~~-aBEI 
eFiB~--t;.b&-~~-t.1r-~~-pF9E1Qetive-~~1a~-~-w4.J..J.--ee 
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The 
municipality 
9F.L 
local 
development 
corporation or another entity will provide funding for the 
project egual to 
25% 
of the funding that the authority 
provides to the project. 
The authority may finance undeveloped land or personal property 
only if the undeveloped land or personal property is part of the 
overall development project. 
Sec. 16. 5 MRSA §15302, sub-§3, 1f1fA and C, as enacted by PL 
1999, c. 401, Pt. AAA, §3, are amended to read: 
A. 
The Governor shall appoint 9 10 voting directors, 7 ~ of 
whom must be representatives of targeted technologies. 
The 
other 
directors 
must 
have 
demonstrated 
significant 
experience 
in 
finance, 
lending or 
venture 
capital. 
In 
making 
the 
appointments 
from 
targeted technologies, 
the 
Governor 
shall 
consider 
recommendations 
submitted 
by 
representatives of targeted technology sectors. 
Directors 
of the board appointed by the Governor are entitled to 
receive reimbursement at the legislative rate for necessary 
expenses for their attendance at authorized meetings of the 
board. 
c. 
The 
PFesiEleBt--9~--tRe--MaiBe--SeieBee--aBEI--~eeRBe*e~y 
~9QHQa~i9H-~--~-pFesiQeH~~S-~~~~-~ae Director of 
the State Planning Office or the director' s designee aFe is 
an ex officio nonvoting EliFeeteFs director. 
Sec. 17. 5 MRSA §15306, as enacted by PL 1999, c. 401, Pt. 
AAA, §3, is amended to read: 
§15306. Liability of officers, directors and employees 
All officers, directors, employees and other agents of the 
institute entrusted with the custody of the securities of the 
institute or authorized to disburse the funds of the institute 
must be bonded either by a blanket bond or by individual bonds 
wi th a minimum limitation of $100,000 coverage for each person 
covered by the bond or bonds, or equivalent fiduciary liability 
insurance, 
conditioned upon the faithful performance of their 
duties. 
The premiums for the bond or bonds must be paid out of 
the assets of the institute. 
Sec. 18. 5 MRSA §15308, sub-§2, as enacted by PL 1999, c. 401, 
Pt. AAA, §3, is repealed. 
Sec. 19. 10 MRSA §363, sub-§l-A, as amended by PL 2003, c. 
385, §1, is further amended to read: 
I-A. 
Procedure. 
For each calendar year, the Legislature 
may establish a procedure for allocation of the entire amount of 
the state ceiling by allocating an amount of the state ceiling to 
the specific issuers designated in this section for further 
allocation by each specific issuer to itself or to other issuers 
for specific bond issues requiring an allocation of the state 
ceiling or 
for 
carryforward. 
This 
procedure 
supersedes 
the 
federal formula to the full extent that the United States Code, 
Title 
26, 
authorizes 
the 
Legislature 
to 
vary 
the 
federal 
formula. 
Allocations 
may 
be 
reviewed 
by 
the 
Legislature 
periodically and unused allocations may be reallocated to other 
issuers; however, 
notwithstanding the existence of legislation 
allocating or 
reallocating all or 
any portion of 
the state 
ceiling, at any time during the period from September 1st to and 
including December 31st of any calendar year, and at any other 
time that the Legislature is not in session, a group consisting 
of 
a 
representative 
of 
each 
of 
the 
issuers 
specifically 
identified 
in 
subsections 
4, 
5, 
6, 
7, 
and 
8-A; 
and 
a 
representative 
of 
the 
Governor 
designated 
each 
year 
by 
the 
Governor may, by written agreement executed by no fewer than 5 of 
the 
voting representatives, 
allocate amounts not previously 
allocated and reallocate unused allocations 
from 
one 
of 
the 
specific issuers designated in this section to another specific 
issuer for further allocation or carryforward, with respect to 
the state ceiling for that calendar year only. 
In no event may 
any issuer have more than one vote. 
If an issuer is allocated a 
portion of the state ceiling in more than one category, 
the 
written agreement must be executed by no fewer than 4 of the 6 
voting representatives. 
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ee~±~R~T Except for records containing specific and identifiable 
personal information acquired from applicants for or recipients 
of 
financial 
assistance, 
the 
records 
of 
the 
group 
of 
representatives described in this subsection are public records 
and the meetings of the group of representatives described in 
this subsection are public proceedings within the meaning of 
Title 1, chapter 13, subchapter 1. 
Sec. 20. 10 MRSA §384, sub-§I, as enacted by PL 1995, c. 699, 
§3, is amended to read: 
1. 
Establishlllent; membership. 
There is established as a 
body corporate and politic and a public instrumentality of the 
~ 
the Small Enterprise Growth Board, which consists of 11 
members appointed by the Governor as follows: 
A. 
An experienced commercial lender; 
B. 
An attorney with knowledge of securities law; 
c. 
Five 
experience 
businesses; 
D. 
Three 
experience 
and 
members 
of the 
in managing or 
public 
who 
investing 
have 
knowledge 
and 
in high-growth small 
members 
of the public who 
have 
knowledge 
and 
in the development of technological innovation; 
E. 
The Commissioner of Economic and Community Development 
or the commissioner's designee, who shall serve as a voting 
ex officio member of the board. 
Sec. 21. 10 MRSA §96S, sub-§4, ,A, as amended by PL 1987, c. 
534, Pt. B, §§7 and 23, is further amended to read: 
A. 
The Commissioner of Economic and Community Development 
or the commissioner's designee; 
Sec. 22. 20-A MRSA §1270S, sub-§l, as amended by PL 1995, c. 
688, §11 and PL 2003, c. 20, Pt. 00, §2 and affected by §4, is 
further amended to read: 
1. 
Membership. 
The 
board 
of 
trustees 
consists 
of 
appointed voting members, one ex officio voting member and 6 ~ ex 
officio, nonvoting ffieffiseFS member as follows: 
C. 
Twelve from 
field of labor, 
public; 
the field of business and industry, 
the 
the field of education and the general 
D. 
The Commissioner of Education, 
or the commissioner's 
successor, who serves as an ex officio voting member; 
gT--~~~~~~--e~-E€eRem~€-~~~~&~&y-~eve~epmeR~T 
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ReRve~iR§-memBe~T 
F. 
The 
Commissioner 
of 
Labor, 
or 
the 
commissioner's 
successor, who serves as an ex officio nonvoting member; and 
G. 
One member who is from the student body of one of the 
communi ty college campuses at the time of appointment and 
who is a permanent resident of the State. 
To be eligible 
for appointment as 
a 
student member, 
a 
student must be 
enrolled for a minimum of 12 credit hours per semester. 
The student member is a full voting member of the board of 
trustees and serves for a 2-year term and until a successor 
is qualified. 
By 
January 1st of 
every 
2nd 
year, 
the 
president of the system shall solicit a list of 6 eligible 
students from the student governments from 6 of the campuses 
within the Maine Community College System, the 7th campus 
being excluded in accordance with this 
subsection. 
The 
Governor shall then nominate a student trustee chosen from 
the list within 30 days of receiving the list of names. 
The 
nomination is 
subject 
to 
review 
by 
the 
joint standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
education matters and to confirmation by the Legislature. 
The student trustee may not come from the same campus in any 
consecutive terms. 
In the event that the student trustee 
transfers from one campus to another during the student's 
term 
of 
appointment, 
the 
student's 
original 
campus 
of 
enrollment is the 
campus excluded when the next student 
trustee is appointed. 
SUMMARY 
This bill makes changes to the Maine Rural Development law, 
including changing the name of the community industrial building 
program 
to 
the 
speculative 
industrial 
building 
program, 
clarifying conflicts of interest for the board of directors and 
clarifying the required municipal participation in a project. 
The bill also 
removes 
the 
sunset 
from 
the 
Maine 
Technology 
Institute law, makes changes to the board members as a result of 
the dissolution of the Maine Science and Technology Foundation 
and clarifies the board liability insurance coverage. 
The bill 
also creates designee authority for the Commissioner of Economic 
and 
Community 
Development 
on 
the 
Maine 
Rural 
Development 
Authority, Finance Authority of Maine, 
Energy Resources Council 
and Maine 
Small 
Business 
and Entrepreneurship 
Commission 
and 
removes the commissioner as a nonvoting trustee from the Maine 
Community College System board. 
Page ll-LR0415(1) 
The bill removes the office directors within the Department 
of Economic and Community Development as major policy-influencing 
positions and adds that the Director of the Office of Innovation 
serves as the State Science Advisor. 
It removes a representative 
from the department as a nonvoting member from the allocation 
committee for determining the private activity bond ceiling. 
It 
also establishes the Small Enterprise Growth Board as a corporate 
entity. 
Finally, the bill repeals the language 
requ~r~ng the 
department 
to develop 
and 
implement 
a 
marketing campaign to 
attract and retain youth in Maine.