An Act To Encourage Economic Recovery and Employment Growth To Support Maine's Working Waterfronts
Maine Legislature, Session 124, LD 0271
Committee Amendment CA_A_H36 (House)
Amends: 36 MRSA §6753

COMMITTEE AMENDMENT" If" to H.P. 214, L.D. 271, Bill, "An Act To 
Encourage Economic Recovery and Employment Growth To Support Maine's Working 
Waterfronts" 
Amend the bill by inserting before section 1 the following: 
'Sec. 1. 30-A MRSA §S2S0-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 31 st, June 30th, 
September 30th and December 31 st 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.' 
Amend the bill by striking out all of section 4 and insel1ing the following: 
'Sec. 4. 30-A MRS A §S2S0-J, sub-§4-A is enacted to read: 
4-A. Catastrophic occurrence; benefits. A qualified Pine Tree Development Zone 
business whose primalY purpose is to support the State's working waterfront industlY 
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 infi'astructure 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 5250-1, subsection 14, the base level of employment may be adjusted to mean 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,./1" to H.P. 214, L.D. 271 
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. 5. 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 
II 
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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment removes that section of the bill that established a waiver of certain 
requirements and instead adds a provision to allow a qualified Pine Tree Development 
Zone business whose primary purpose is to support the State's working waterfront 
industry that has suffered from a catastrophic occurrence to apply for an adjustment of the 
base level of employment for purposes of determining Pine Tree Development Zone 
benefits if it meets the following criteria: it is located on a working waterfront in a Pine 
Tree Development Zone; it has sustained at least a 5% loss of employed workers due to a 
catastrophic occun'ence; and it has appropriate infrastructure and zoning or other land use 
regulations in place. 
The amendment provides that the definition of "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. 
It 
requires a qualified business to apply for an adjustment of the base level of employment 
within 16 months ofthe catastrophic occurrence and any applications under this provision 
must be received by the Department of Economic and Community Development by 
August 1, 20 II. The amendment also cross-references this definition in the laws 
governing employment tax increment financing benefits. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/18/09 Mac:.. 
LD271 
LR 169(02) 
An Act To Encourage Economic Recovery and Employment Growth To Support Maine's Working 
Waterfronts 
Fiscal Note for Bill as Amended by Committee Amendment ,4, 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional administrative costs to the Department of Economic and Community Development and Maine Revenue 
Services associated with allowing a qualifed Pine Tree Development Zone business whose primary purpose is to 
support the State's working waterfront industry and has suffered from a catastrophic occurance to apply for an 
adjustment of the base level of employment ifit meets certain criteria can be absorbed within existing budgeted 
resources. 
LRO 169(02) - Fiscal Note - Page 1 of 1