An Act To Ensure the Success of Pine Tree Development Zones
Maine Legislature, Session 122, LD 0737
Committee: Business, Research and Economic Development
Sponsors: SAVIELLO, CARR, CLARK, FISCHER, JOY, SCHATZ, SHERMAN, THOMPSON, PERRY
Amends: 30-A MRSA §5250-I

Legislative Document 
No. 737 
H.P.532 
House of Representatives, February 10,2005 
An Act To Ensure the Success of Pine Tree Development Zones 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative SAVIELLO of Wilton. 
1J1~ 
1J7.7!ltU~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CARR of Lincoln, CLARK of Millinocket, FISCHER of 
Presque Isle, JOY of Crystal, SCHATZ of Blue Hill, SHERMAN of Hodgdon, THOMPSON 
of China, Senator: PERRY of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §S2S0-I, sub-§16, as enacted by PL 2003, c. 
688, Pt. D, §2, is amended to read: 
16. 
Qualified 
business 
activity. 
"Qualified 
business 
acti vi ty" means a business acti vi ty that is conducted wi thin a 
Pine Tree Development Zone and is directly related to financial 
services, manufacturing or 
a 
targeted technology business for 
which the business receives a certificate from the commissioner 
pursuant to section 5250-0. 
Notwithstanding any provision of law 
to the contrary, to the extent that a qualified business activity 
has an effect on any waters of the State, that qualified business 
activity is a designated use of those waters for the purposes of 
Title 38, chapter 3. 
Sec. 2. 30-A MRSA §S2S0-I, sub-§17, as enacted by PL 2003, c. 
688, Pt. D, §2, is amended to read: 
a 
17. 
Qualified 
Pine 
Tree 
Development 
Zone 
business. 
"Qualified Pine Tree Development 
Zone business" or "qualified 
2 
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A 
for-profit 
business 
in 
this 
State 
engaged 
in 
financial 
services, 
manufacturing or a targeted technology business that adds 
qualified Pine Tree Development 
Zone 
employees 
above its 
base level of employment in this State and that: 
(l) 
Demonstrates that the establishment or expansion 
of operations within the Pine Tree Development 
Zone 
would 
not 
occur 
within 
the 
State 
absent 
the 
availability 
of 
the 
Pine 
Tree 
Development 
Zone 
benefits. 
The department shall investigate whether the 
business has met the requirements of this paragraph and 
provide an advisory opinion to the Executive Director 
of the Bureau of Revenue Services in the Department of 
Administrative and Financial Services. who shall make 
the final determination; and 
12) 
Has 
recei~ed~_~~tificate as a gualified business 
pursuant to section 5250-0; or 
gT-~~-ha£--~~~-~--&&~~~~~&a~-~-a-~~~~~-bHsiBess 
pH~6HaBE-E9-seeEi9B-§6§Q-gT 
C. 
A for profit business in this State engaged in financial 
services. manufacturing or 
a 
targeted technology business 
that 
retains 
the 
jobs 
of 
Pine 
Tree 
Development 
Zone 
employees through significant capital investments and that: 
(1) 
Demonstrates that the capital investment retains 
the jobs of the remaining employees and demonstrates 
that 
the 
capital 
investment 
within 
the 
Pine 
Tree 
Development 
Zone 
would 
not 
occur 
within 
the 
State 
absent the availability of the Pine Tree Development 
Zone benefits. 
The department shall determine whether 
the business has met the reguirements of this paragraph 
and 
provide 
an 
advisory 
opinion 
to 
the 
Executive 
Director of 
the 
Bureau of 
Revenue 
Services 
in the 
Department of Administrative 
and Financial Services. 
who shall make the final determination; and 
(2) 
Has received a certificate as a gualified business 
pursuant to section 5250-0. 
Sec. 3. 30-A MRSA §5250-I. sub-§lS, as enacted by PL 2003, c. 
688, Pt. D, §2, is amended to read: 
18. 
Qualified 
Pine 
Tree 
Development 
Zone 
employees. 
"Qualified 
Pine 
Tree 
Development 
Zone 
employees" 
means 
new, 
full-time employees hired or employees retained in this State by 
a qualified Pine Tree Development Zone business for work directly 
in 
one 
or 
more 
qualified 
business 
activities 
for 
whom 
a 
retirement program subject to 
the 
Employee 
Retirement 
Income 
Security Act of 1974, 29 United States Code, Sections 101 to 1461 
(2003) and group health insurance are provided and whose wages 
derived from employment within the Pine Tree Development Zone are 
greater than the average annual per capita wages in the local 
labor market area in the county in which the qualified employee 
is employed. 
Qualified Pine Tree Development Zone employees must 
be residents of this State. 
SUMMARY 
This bill extends the Pine Tree Development Zone to include 
as 
a 
qualified business 
an 
existing business 
that 
makes 
a 
significant 
capital 
investment, 
such 
as 
modernizing 
a 
manufacturing 
process, 
that 
provides 
job 
retention 
at 
the 
facility. 
It requires those businesses to meet criteria that 
parallel the criteria for new job creation. 
The bill also provides that any effect that a 
business has on waters of the State is considered a 
business activity. 
qualified 
qualified