An Act To Expand Opportunities for Economic Development in Maine
Maine Legislature, Session 127, LD 1364
Committee: Labor, Commerce, Research and Economic Development
Sponsors: CUSHING, LOCKMAN, EDGECOMB, VOLK, WHITTEMORE, MAKER, MARTIN, SAUCIER
Amends: 30-A MRSA §5250-I, 30-A MRSA §5250-J, 36 MRSA §6753

Legislative Document 
No. 1364 
S.P. 497 
In Senate, April 23, 2015 
An Act To Expand Opportunities for Economic Development in 
Maine 
Submitted by the Department of Economic and Community Development pursuant to Joint 
Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator CUSHING of Penobscot. 
Cosponsored by Representative LOCKMAN of Amherst and 
Senators: EDGECOMB of Aroostook, VOLK of Cumberland, WHITTEMORE of Somerset, 
Representatives: MAKER of Calais, MARTIN of Eagle Lake, SAUCIER of Presque Isle. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §5250-I, sub-§18, as amended by PL 2005, c. 351, §4 and 
affected by §26, is further amended to read: 
18.  Qualified Pine Tree Development Zone employees.  "Qualified Pine Tree 
Development Zone employees" means new, full-time employees hired 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, as 
amended, and group health insurance are is provided and whose income derived from 
employment within the Pine Tree Development Zone, calculated on a calendar year basis, 
is greater than the most recent annual per capita personal income in the county in which 
the qualified employee is employed average weekly wage for the most recent available 
calendar year as derived from the Quarterly Census of Employment and Wages and 
provided annually by the Department of Labor.  The calculation of the average weekly 
wage must include data from the counties of Androscoggin, Aroostook, Franklin, 
Hancock, Kennebec, Knox, Lincoln, Oxford, Penobscot, Piscataquis, Sagadahoc, 
Somerset, Waldo and Washington.  In a county where the average annual unemployment 
rate at the time of certification for the most recent calendar year is greater than the state 
average for that same year, the wage threshold is 90% of the average weekly wage as 
derived from the Quarterly Census of Employment and Wages.  "Qualified Pine Tree 
Development Zone employees" does not include employees shifted to a qualified 
business activity from a nonqualified activity of the qualified Pine Tree Development 
Zone business or an affiliated business.  The commissioner shall determine whether a 
shifting of employees has occurred. 
Sec. 2.  30-A MRSA §5250-I, sub-§18-A is enacted to read: 
18-A.  Quarterly Census of Employment and Wages.  "Quarterly Census of 
Employment and Wages" means the comprehensive tabulation of employment and wage 
information for workers produced by the Quarterly Census of Employment and Wages 
program, a cooperative program involving the federal Department of Labor, Bureau of 
Labor Statistics and the state employment security agencies. 
Sec. 3.  30-A MRSA §5250-I, sub-§23, as enacted by PL 2009, c. 21, §3, is 
repealed. 
Sec. 4.  30-A MRSA §5250-I, sub-§24, as enacted by PL 2009, c. 21, §4, is 
repealed. 
Sec. 5.  30-A MRSA §5250-J, sub-§4-A, as enacted by PL 2009, c. 21, §5, is 
amended to read: 
4-A.  Catastrophic occurrence; benefits.  A qualified Pine Tree Development Zone 
business whose primary purpose is to support the State’s working waterfront industry 
may apply for an adjustment of the base level of employment or an extension of its 
certification period by no more than 2 years, or both, 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 infrastructure 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-I, subsection 14, the 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.  A qualified business must apply for an adjustment 
of the base level of employment or for an extension of certification in accordance with 
this subsection within 16 24 months of the catastrophic occurrence. Applications pursuant 
to this subsection must be received by August 1, 2011.  To apply for an extension of 
certification, the qualified business shall submit a written request for an extension to the 
department, which may, after consultation with the Governor, grant the extension of 
certification. 
Sec. 6.  36 MRSA §6753, sub-§12, as amended by PL 2009, c. 434, §82, is 
further amended to read: 
12.  Qualified employee.  "Qualified employee" means a new, full-time employee 
hired in this State by a qualified business, for whom a retirement program subject to the 
Employee Retirement Income Security Act of 1974, 29 United States Code, Chapter 18 
and group health insurance are is provided, and whose income derived from employment 
with the applicant, calculated on a calendar year basis, is greater than the most recent 
annual per capita personal income in the county in which the qualified employee is 
employed average weekly wage for the most recent available calendar year as derived 
from the Quarterly Census of Employment and Wages and provided annually by the 
Department of Labor, as long as Maine income tax withholding attributed to the qualified 
employee is subject to reimbursement to the qualified business under this chapter. 
"Qualified employee" does not include an employee who is shifted to a qualified business 
from an affiliated business.  The commissioner shall determine whether a shifting of 
employees has occurred.  The calculation of the average weekly wage must include data 
from the counties of Androscoggin, Aroostook, Franklin, Hancock, Kennebec, Knox, 
Lincoln, Oxford, Penobscot, Piscataquis, Sagadahoc, Somerset, Waldo and Washington.  
In a county where the average annual unemployment rate at the time of certification for 
the most recent calendar year is greater than the state average for that same year, the 
wage threshold is 90% of the average weekly wage as derived from the Quarterly Census 
of Employment and Wages.  "Quarterly Census of Employment and Wages" means the 
comprehensive tabulation of employment and wage information for workers produced by 
the Quarterly Census of Employment and Wages program, a cooperative program 
involving the federal Department of Labor, Bureau of Labor Statistics and the state 
employment security agencies. 
SUMMARY 
This bill makes the following changes to the laws governing Pine Tree Development 
Zones. 
1.  Current law authorizes Pine Tree Development Zone businesses whose primary 
purpose is to support the State's working waterfront to apply for adjustments based on a 
catastrophic occurrence.  This bill eliminates the restriction that the business be within the 
working waterfront industry, and allows such affected businesses to apply for an 
extension of their certification period of up to 2 years.  This bill authorizes the 
Department of Economic and Community Development, after consultation with the 
Governor, to grant extensions of certification. 
2.  Current law defines a qualified Pine Tree Development Zone employee as an 
employee for whom group health insurance is provided.  This bill eliminates the 
requirement that group health insurance be provided. 
3.  Current law defines a qualified Pine Tree Development Zone employee as one 
whose income is greater than the most recent annual per capita personal income in the 
county in which the qualified employee is employed.  Under this bill, the income of a 
qualified employee is greater than the average weekly wage for the most recent calendar 
year as derived from the Quarterly Census of Employment and Wages.  The calculation 
of the average weekly wage must include data from the counties of Androscoggin, 
Aroostook, Franklin, Hancock, Kennebec, Knox, Lincoln, Oxford, Penobscot, 
Piscataquis, Sagadahoc, Somerset, Waldo and Washington. 
4.  It amends the laws governing employment tax increment financing reimbursement 
to reflect the revised definition of "qualified employee" under the Pine Tree Development 
Zone laws.