An Act To Encourage Economic Recovery and Employment Growth To Support Maine's Working Waterfronts
Maine Legislature, Session 124, LD 0271
Sponsors: MacDONALD, GOODALL, MILLER, PERCY, PIEH, TRAHAN
Amends: 30-A MRSA §5250, 30-A MRSA §5250-I, 30-A MRSA §5250-J

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 271 
H.P.214 
House of Representatives, January 27,2009 
An Act To Encourage Economic Recovery and Employment Growth 
To Support Maine's Working Waterfronts 
(EMERGENCY) 
Reference to the Committee on Business, Resem:ch and Economic Development suggested 
and ordered printed. 
Presented by Representative MacDONALD of Boothbay. 
Cosponsored by Senator GOODALL of Sagadahoc and 
71~d /h. mlL£:1~~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: MILLER of Somerville, PERCY of Phippsburg, PIEH of Bremen, Senator: 
TRAHAN of Lincoln. 
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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-][, 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. 2. 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. 3. 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. 4. 30-A MRSA §5250-J, sub-§3, ~, as repealed and replaced by PL 2005, 
c. 669, §1, is amended to read: 
H. 
The restrictions contained in paragraph G may be waived for: 
(1) Property that is contained within a labor market area that has sustained a 
greater than 5% loss of population or employed workers during the 3-year period 
immediately preceding the time of application if the loss was caused by business 
closings; Sf 
(2) 
Property that is contained within an industrial site with appropriate 
infrastructure and zoning or other land use regulations in place that has sustained 
a minimum loss of 500 employed workers during the 5-year period immediately 
preceding the time of application, as long as an application for a waiver under 
this subparagraph is received by August 1,2010. Only a qualified business with 
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a base level of employment equal to zero is eligible to receive Pine Tree 
Development Zone benefits under this subparagraph.,.; or 
(3) Property that is contained within a working waterfront with appropriate 
infrastructure and zoning or other land use regulations in place that has sustained 
at least a 5% loss of employed workers due to a catastrophic occurrence during 
the 16-month period immediately preceding the time of application, as long as an 
application for a waiver under this subparagraph is received by August 1, 2011. 
Only a qualified business whose primary purpose is to support the State's 
working waterfront industry is eligible to receive Pine Tree Development Zone 
benefits under this subparagraph. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill establishes a waiver of certain Pine Tree Development Zone qualification 
requirements for property that is within a working waterfront that has sustained a 5% loss 
of employed workers during the 16-month period immediately preceding the time of 
application,as long as the loss was caused by a catastrophic occurrence. The bill requires 
that an application for a waiver must be received by August 1, 2011. The bill also states 
that only a qualified business whose primary purpose is to support the State's working 
waterfront industry is eligible to receive Pine Tree Development Zone benefits.