An Act to Allow for the Transferability of the Biofuel Production
Maine Legislature, Session 132, LD 2044
Sponsors: PIERCE, FECTEAU
Amends: 36 MRSA §5219-X

Legislative Document
No. 2044
S.P. 837
In Senate, December 11, 2025
An Act to Allow for the Transferability of the Biofuel Production 
and Renewable Chemicals Tax Credits
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 9, 2025.  Referred to the Committee 
on Taxation pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator PIERCE of Cumberland.
Cosponsored by Speaker FECTEAU of Biddeford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  36 MRSA §5219-X, sub-§4-A is enacted to read:
4-A.  Transferability.  A taxpayer who has received a letter of certification from the 
Commissioner of Environmental Protection pursuant to subsection 4 but has not yet 
claimed the credit may, with prior notice to the assessor on a form developed by the 
assessor, transfer the certification in whole or in part to any individual or entity, and the 
transferee may apply the credit against the transferee's Maine income tax liability with the 
same effect as if the transferee had engaged in the production of the biofuels.  A transferee 
of the credit is subject to the same limitations and carry-forward provisions as the taxpayer 
who generated the credit.  The transferee may claim the credit on the transferee's Maine 
income tax return and must attach a copy of the transferred letter of certification to the 
transferee's Maine income tax return together with a statement showing how much of the 
credit has been transferred to the taxpayer.
Sec. 2.  36 MRSA §5219-XX, sub-§6 is enacted to read:
6.  Transferability.  A taxpayer who is entitled to claim a tax credit under this section 
may transfer the credit in accordance with this subsection.  The taxpayer shall provide the 
assessor with the information required by subsection 5 and rules adopted by the assessor.  
The assessor shall review the information submitted by the taxpayer and determine whether 
the taxpayer is eligible for the credit.  If the assessor determines that the taxpayer is eligible 
for the credit, the assessor shall issue a certificate of approval to the taxpayer.  A taxpayer 
who has received a certificate of approval from the assessor but has not yet claimed the 
credit may, with prior notice to the assessor on a form developed by the assessor, transfer 
the certificate in whole or in part to any individual or entity, and the transferee may apply 
the credit against the transferee's Maine income tax liability with the same effect as if the 
transferee had engaged in the production of the renewable chemicals.  A transferee of the 
credit is subject to the same limitations and carry-forward provisions as the taxpayer who 
generated the credit.  The transferee may claim the credit on the transferee's Maine income 
tax return and must attach a copy of the transferred certificate of approval together with a 
statement showing how much of the credit has been transferred to the taxpayer.  A taxpayer 
who transfers a credit under this subsection may not claim a credit that has been transferred.
SUMMARY
This bill provides for the transfer of the biofuel production and renewable chemical tax 
credits to 3rd parties.