An Act to Promote B1omanufacturing and Biotechnology tielopment by Establislung a Tax Credit
Maine Legislature, Session 131, LD 1475
Committee Amendment CA_A_S401 (Senate)
Amends: 5 MRSA §15312

COMMITTEE AMENDMENT" '" to SP 595, L D 1475, "An Act to Promote 
B1omanufacturing and Biotechnology tielopment by Establislung a Tax Credit" 
Amend the bill by stuking out the title and substituting the following 
'An Act to Establish a Grant Program to Promote B1omanufacturmg and 
B10technology Development' 
Amend the bill by stnking out everything after the enacting clause and inserting the 
following 
'Sec. 1. 5 MRSA §15312 is enacted to read 
§15312. Grants for b1otechnology mcubators and b1omanufacturmg fac1hties 
1. Defimtions. As used m this section, unless the context otherwise indicates, the 
following terms have the following meanings 
A "Affiliated group" has the same meaning as in Title 36, sect10n 5102, subsection 
1-B 
B 
"Authonzed investment caps" means the lnmts established m subsection 2, 
paragtaph J 
C "Biomanufacturing" means a facility of at least 5,000 square feet that engages m 
advanced manufacturmg of b1otechnology products 
D "Biotechnology mcubator" means a facihty of at least 5,000 square feet that offers 
laboratory space, management and meeting space and other resomces to start-up, early-
stage or estabhshed biotechnology compames seekmg to develop new biotechnology 
products 
E 
"Biotechnology products" means commercially important b1omatenals and 
biomolecules for use in advanced research, med1cmes, food and beverage processing 
or mdustnal applications that are manufactured using b10logical processes 
F "Certified applicant" means an applicant that has received a certificate of approval 
from the mstitute pursuant to this section 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A "to SP 595, L D 1475 
G "Facility" means one or more bmldmgs and mcludes the real and personal property 
located m those bmldmgs 
H 
"Ouahfied applicant" means an apphcant that, at the time an apphcation for a 
certificate of approval is submitted, mtends to make a guahfied mvestment w1thm 2 
years followmg the date of the application 
I "Ouahfied mvestment" means, for the calculat10n of a grant award, an mvestment of 
at least $5,000,000 and not more than $15,000,000 to design, permit, construct, modify, 
egmp or expand a b10technology mcubator or a b10manufacturmg facility that will be 
located m this State A qualified mvestment may mclude capital from all sources, 
mcludmg loans, grants, gifts and other financmg sources 
2. Procedures for application; grant dec1s1ons The mstltute shall develop a grant 
program to fulfill the functions of this section This subsect10n governs the procedui es for 
providmg for and obtammg a certificate of approval 
A The mstitute shall develop an onlme application process for a grant program w1thm 
0 days of the effective date of this Act and shall publicize the application process m 
places the mst1tute determmes to be appropnate to attract qualified applicants 
B Withm 60 days after the effective date of this Act, the mstitute shall announce the 
apphcat10n start date and shall begm acceptmg apphcat10ns on that date 
C The mstltute shall close the application process 90 days after the application start 
date 
D After the apphcat10n process has closed. the mstitute has 3 0 days to review the 
applications and issue grant decisions The mstitute shall i ev1ew the apphcat1ons and 
issue grant dec1S1ons based on the followmg cntena. which must be used m heu of any 
other ranlnng cntena provided by law or used by the mstitute for other programs 
( 1) Whether the guahfied applicant submits a busmess plan demonstratmg that the 
qualified applicant has the capacity to make an mvestment of at least $5,000.000 
to design, permit, construct, modify, egmp or expand a biotechnology mcubator or 
a b10manufactunng facility located m this State, 
(2) Whether the qualified applicant demonstrates that the qualified mvestment will 
be made withm 2 years followmg the approval of the grant, and 
(3) In the case of a b1otechnology mcubator applicant, preference must be given 
to a qualified applicant that demonstiates that the quahfied apphcant has ex1stmg 
busmess relationships with academia or busmesses related to advancmg 
biotechnology research and development 
E If the mstitute app1 oves the grant apphcat10n, the mstltute shall ISsue a certificate 
of approval The certificate of approval must describe the qualified mvestment and 
specify the total amount of the guahfied mvestment approved under the certificate A 
certified applicant may mvest more than $15,000,000 m such pro1ects, but only 
$15,000,000 of the mvestment may be considered a qualified mvestment m calculatmg 
the grant award 
F 
Upon completmg a g_uahfied mvestment, a certified applicant shall submit an 
applicat10n to the mstttute for a certificate of complet10n If the mstitute determmes 
that a qualified mvestment has been made, the mstitute shall issue a certificate of 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT •A" to SP 595, L D 1475 
completion to the certified apphcant w1thm 30 days 
The certificate of complet10n 
must state the amount of the qualified mvestment made by the certified applicant 
G Upon issuance of a certificate of completion m acc01 dance with paragraph F, the 
mstitute shall issue, on behalf of the State, a memorandum to the certified apphcant 
descnbmg the benefits provided by this section at the time the certificate of completion 
1s tssued The memorandum must state that the certificate of complet10n does not 
prohibit the mst1tute from revokmg a certificate m accordance with paragraph I 
H A certified applicant must obtam approval from the mstitute to transfer a certificate 
of approval or a certificate of complet10n to another person The mstitute shall approve 
the transfer of the certificate of approval or the certificate of complet10n only 1f at least 
one of the followmg cond1t1ons 1s satisfied 
(1) The pe1son rece1vmg the certificate of approval or certificate of complet10n 1s 
a member of the certified apphcant's affiliated group at the time of the transfer, or 
(2) The mstitute finds that the person rece1vmg the certificate of approval or 
certificate of complet10n will, and has the capacity to, mamtam operations of the 
biotechnology mcubator or b1omanufacturmg fac1hty m the State m a manner that 
meets the mm1mum qualifications for contmued ehgib1lity for benefits under this 
section after the transfer occurs 
If the mstltute approves a transfer of a certificate of approval or certificate of 
complet10n, the person rece1vmg the certificate of approval or certificate of completion, 
fiom the date of the tiansfer, must be treated as the certified apphcant and ts eligible to 
claun any remammg grant under the certificate of approval or the certificate of 
complet10n that has not been previously clauned by the certified applicant as long as 
the person rece1vmg the certificate of approval or certificate of completion meets the 
same elig1b1lity requrrements and condit10ns for the grant as apphed to the ongmal 
certified applicant 
I 
The mst1tute shall revoke a certificate of approval 1f the certified applicant or a 
person that received a certificate of approval m accordance with paragraph E fails to 
make a qualified mvestment withm 2 years of the date of the certificate of approval 
The mstltute shall revoke a certificate of approval or a certificate of completion 1f the 
certified applicant or person receivmg the certificate of approval or certificate of 
complet10n ceases operations of the biotechnology mcubator or b1omanufacturmg 
fac1hty m the State for more than 183 days or the certificate of approval or certificate 
of completion ts transferred to another person without approval fi om the mstitute 
pursuant to paragraph H A certified applicant whose certificate of completion 1s 
revoked w1thm 3 years after the date 1t was issued shall return to the mstitute an amount 
equal to the total grant amount received under this section A certified apphcant whose 
certificate of complet10n 1s revoked durmg m the 4th year or 5th year after the date the 
certificate was issued shall return to the mstltute an amount equal to the total grant 
amount received under this sect10n m the 4th year or 5th year after the date the 
certificate was tssued If grant amounts are recaptured after a certificate of approval 
has been transferred as provided m paragraph H, the transferee of the certificate of 
approval or certificate of completion is responsible for payment of any grant amounts 
that must be returned to the mst1tute 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to SP 595, L D 1475 
J The mstitute may not issue certificates of approval under this subsection that total, 
m the aggregate, moie than $30,000,000 of the quahfied mvestment for b10technology 
mcubators 
and more than $30,000,000 of the 
qualified 
mvestment for 
biomanufactuung facilities, for a maximum of$60,000,000 of the qualified mvestment 
for all certificates of approval If, after the first round of grant applications have been 
received and decided upon, the authorized mvestment caps have not been reached, the 
mstitute shall reopen the apphcat10n process for an additional 90-day period 
The 
mstitute shall have an additional 30 days followmg the close of the 90-day apphcat1on 
peuod to review and approve additional applicat10ns until the authorized mvestment 
caps have been reached If the authorized mvestment caps have not been reached after 
the 2nd round of apphcat10ns, the mst1tute shall follow the same application and review 
process until the authorized mvestment caps have been reached 
Grant parameters. The mstitute shall award a grant to a certified applicant that has 
received a certificate of complet10n as provided m this subsection 
A 
Sub1ect to the lnmtations m paragraph C, begmnmg m 2025, the mstitute shall 
award a grant to a certified applicant that has 1ece1ved a certificate of completion equal 
to 30% of the certified applicant's qualified mvestment m a b10technology mcubator, 
up to a total award of $4,500,000 provided m equal parts over 5 years No more than 
$900,000 may be granted to a certified applicant m one calendar year 
B 
Sub1ect to the limitations m paragraph C, begmnmg m 2025, the mstitute shall 
award a grant to a certified applicant that has received a certificate of complet10n equal 
to 30% of the certified applicant's qualified mvestment ma b10manufacturmg facility, 
up to a total award of $4,500,000 provided m equal parts over 5 years No more than 
$900,000 may be granted to a certified applicant m one calendar yea1 
C The grants under this subsection are limited as follows 
(1) Except for the first year that the grant 1s available, the grants available unde1 
paragraph A may not be taken m any calendar year m which more than 25% of the 
fac1hty 1s bemg used f01 a purpose other than as a biotechnology mcubato1 
(2) Except for the first year that the grant 1s available, the giants available under 
paragraph B may not be taken many calendar year m which more than 25% of the 
fac1hty 1s bemg used for a purpose other than as a b10manufacturmg fac1hty 
(3) Cumulative grants under paragraph A may not exceed $4,500,000 for any 
biotechnology mcubator or $9,000.000 m total for all b10technology mcubators 
(4) Cumulative grants under paragraph B may not exceed $4,500,000 f01 any 
b1omanufacturmg fac1hty or $9,000,000 m total for all b10manufacturmg fac1ht1es 
D The mstitute may accept funds from the General Fund to allow the mstitute to 
provide the grants set forth m this subsect10n Grants distributed undei this section may 
not exceed $18,000,000 m total 
4. Reportmg regmred. When filmg the annual 1eport regmred by section 15302, 
subsection 9, the mstitute shall mclude specific mformation concernmg the results of the 
grant program ' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A" to SP 595, L D 1475 
SUMMARY 
This amendment replaces the tax credit with a grant program for mvestment m 
b1otechnology mcubators and b1omanufacturmg fac1ht1es 
The program will be 
admm1stered by the Mame Technology Institute The amount of the giant 1s 30% of the 
qualified mvestment, taken m equal parts each year for 5 years after a certificate of 
complet10n has been ISsued by the mstitute The amount of the grants that may be awarded 
to biotechnology mcubators 1s capped at $4 5 mllhon for each proJect and $9 million for 
all projects m total The amount of the grants that may be awarded for b10manufacturmg 
fac1ht1es 1s capped at $4 5 milhon f01 each p10Ject and $9 milhon for all projects m total 
The amendment disallows the grants 1f there are years m which the fac1ht1es are no longer 
bemg p11manly used for the purposes of biotechnology mcubat1on or b1omanufacturmg 
The amendment also reqmres the grants to be repaid to the mst1tute 1f the quahfied 
mvestment 1s not made w1thm 2 years of the date of approval, 1f the fac1hty ceases 
operations for more than 183 days or 1f a certificate of approval or certificate of completion 
1s transferred without approval from the mstltute 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/16/23 frae 
LD 1475 
LR 1929(02) 
An Act to Promote Biomanufacturmg and Biotechnology Development by Establishing a Tax Credit 
Fiscal Note for Bill as Amended by Committee Amendment "''Cs r()/1 
Committee: Taxation 
If 
I_} 
Net Cost (Savmgs) 
General Fund 
Appropriations/ Allocat1ons 
General Fund 
Fiscal DetaII and Notes 
Fiscal Note Reqmred: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
$0 
$0 
$0 
$0 
Pro1ect1ons 
FY 2025-26 
$3,600,000 
$3,600,000 
Pro1ect1ons 
FY 2026-27 
$3,600,00 
$3,600,000 
The Office of Innovation withm the Department of Economic and Commumty Development (DECO) will reqmre 
future General Fund approp11at1ons of $3,600,000 pet year begmnmg m fiscal year 2025-26 through fiscal year 2029-
for the Mame Technology Institute to admmister a pilot grant program for mvestment m b10technology and 
b1omanufacturmg fac1hties Accordmg to DECD, the grant program will begm acceptmg apphcations m fiscal year 
2023-24, but will not begm awardmg grants until certified apphcants have met the program reqmrements and have 
received a certificate of completion DECD estimates that will not occur until after July 1, 2025 This bill hmits the 
amount of fundmg to be provided for the grants to $18,000,000 over the hfe of the program The cost to the Mame 
Technology Institute to admmister the program can be absorbed withm ex1stmg budgeted resources 
LR1929{02) - Fiscal Note - Page 1 of 1