30-A ME Rev Stat § 5250-I (2021)
2021 Maine Revised Statutes|TITLE 30-A: MUNICIPALITIES AND COUNTIES|Part 2: MUNICIPALITIES|Subpart 8: DEVELOPMENT|Chapter 206: DEVELOPMENT DISTRICTS|Subchapter 4: PINE TREE DEVELOPMENT ZONES|30-A §5250-I. Definitions

 §5250-I. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2003, c. 688, Pt. D, §2 (NEW).]1.  Affiliated business.  "Affiliated business" means a member of a group of 2 or more businesses in which more than 50% of the voting stock of each member corporation or more than 50% of the ownership interest in a business other than a corporation is directly or indirectly owned by a common owner or owners, either corporate or noncorporate, or by one or more of the member businesses.   [PL 2003, c. 688, Pt. D, §2 (NEW).] 2.  Applicant.   [PL 2009, c. 461, §2 (RP).] 3.  Average employment during base period.  "Average employment during the base period" for a business means the total number of employees of that business as of each March 31st, June 30th, September 30th and December 31st of the base period, divided by 12.   [PL 2005, c. 351, §1 (AMD).] 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 31st, June 30th, September 30th and December 31st 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.   Pursuant to section 5250-J, subsection 4-C, "base level of employment" must be adjusted for a qualified business that has more than one location in the State and creates 250 or more jobs at one of these locations, so that the base level of employment is calculated from the location of the significant employment expansion of 250 jobs or more on the basis of that specific location.   [PL 2009, c. 461, §3 (AMD).] 5.  Base period.  "Base period" means the 3 calendar years prior to the year in which a business applies to be certified as a qualified Pine Tree Development Zone business.   [PL 2005, c. 351, §1 (AMD).] 5-A.  Catastrophic occurrence.  "Catastrophic occurrence" means accidental fire, flood, hurricane, windstorm, earthquake or other similar event.   [PL 2009, c. 21, §2 (NEW).] 5-B.  Call center.  "Call center" means a business enterprise that employs 50 or more full-time employees for the purpose of customer service.   [PL 2015, c. 368, §1 (NEW).] 6.  Commissioner.  "Commissioner" means the Commissioner of Economic and Community Development.   [PL 2003, c. 688, Pt. D, §2 (NEW).] 7.  Department.  "Department" means the Department of Economic and Community Development.   [PL 2003, c. 688, Pt. D, §2 (NEW).] 7-A.  Experiential tourism.  "Experiential tourism" means tourism that allows individuals to be active participants in outdoor recreational activities including but not limited to: hiking, camping, birding and other wildlife viewing, nature photography, visits to historical and cultural sites and museums, nature tourism, adventure tourism and ecotourism.   [PL 2007, c. 466, Pt. A, §52 (AMD).] 8.  Financial services.  "Financial services" means services provided by an insurance company subject to taxation under Title 36, chapter 357; a captive insurance company formed or licensed under Title 24-A, chapter 83; a financial institution subject to taxation under Title 36, chapter 819; or a mutual fund service provider.   [PL 2019, c. 401, Pt. C, §2 (AMD).] 9.  Labor market average weekly wage.  "Labor market average weekly wage" means the average weekly wage as published by the Department of Labor for the labor market or markets in which potential qualified Pine Tree Development Zone employees are located for the 12 most recently reported months preceding the date of application.   [PL 2009, c. 461, §4 (AMD).] 10.  Labor market unemployment rate.  "Labor market unemployment rate" means the average unemployment rate as published by the Department of Labor for the labor market or markets in which potential qualified Pine Tree Development Zone employees are located for the 12 most recently reported months preceding the date of application.   [PL 2009, c. 461, §5 (AMD).] 11.  Manufacturing.  "Manufacturing" means:   A. The production of tangible personal property intended to be sold or leased ultimately for final use or consumption;   [PL 2009, c. 461, §6 (NEW).]B. The production of tangible personal property pursuant to a contract with the Federal Government or any agency thereof; or   [PL 2009, c. 461, §6 (NEW).]C. To make, process, convert or transform raw materials, components or parts into finished goods or products for final use or consumption to meet customer expectations or specifications.   [PL 2009, c. 461, §6 (NEW).][PL 2009, c. 461, §6 (RPR).] 11-A.  Military redevelopment zone.  "Military redevelopment zone" means a specified area within a municipality that is contained within a labor market that includes a military facility that sustained a loss of 400 or more employed workers, if the loss was caused by a federal military facility closure or downsizing, during the 5-year period immediately preceding the time of application for designation as a military redevelopment zone, or is projected to sustain a loss of 400 or more employed workers during the 5-year period immediately following the time of application, and has been designated by the commissioner as a military redevelopment zone under section 5250-J, subsection 3-A.   [PL 2009, c. 461, §7 (AMD).] 11-B.  Mutual fund service provider.  "Mutual fund service provider" means a taxpayer, as defined in Title 36, section 111, subsection 7, subject to tax under Title 36, Part 8 other than a financial institution as defined in Title 36, section 5206‑D, subsection 8, that derives more than 50% of its gross income from the direct or indirect provision of management, distribution or administration services to or on behalf of a regulated investment company or from trustees, sponsors and participants of employee benefit plans that have accounts in a regulated investment company.   [PL 2019, c. 401, Pt. C, §3 (NEW).] 12.  Person.   [PL 2007, c. 627, §1 (RP).] 13.  Pine Tree Development Zone.  "Pine Tree Development Zone" or "zone" means a specified area within the boundaries of the State that has been designated by the commissioner as a Pine Tree Development Zone in accordance with section 5250-J, subsection 3-A or 3-B.   [PL 2009, c. 461, §8 (AMD).] 14.  Pine Tree Development Zone benefits.  "Pine Tree Development Zone benefits" means:   A. The exclusion from the limitations established under section 5223, subsection 3 of tax increment financing districts included within a Pine Tree Development Zone;   [PL 2003, c. 688, Pt. D, §2 (NEW).]B. Expanded employment tax increment financing benefits under Title 36, chapter 917;   [PL 2003, c. 688, Pt. D, §2 (NEW).]C. The sales tax exemption under Title 36, section 1760, subsection 87 and the sales tax reimbursement under Title 36, section 2016;   [PL 2005, c. 351, §2 (AMD).]D. The Pine Tree Development Zone tax credits provided by Title 36, sections 2529 and 5219-W;   [PL 2005, c. 351, §2 (AMD).]E. Discounted rates approved by the Public Utilities Commission, if applicable, and offered by transmission and distribution utilities as authorized under Title 35-A, section 3210-E, subsection 1; and   [PL 2009, c. 627, §3 (AMD).]F. Line extensions and conservation programs approved or authorized under Title 35-A, section 3210-E.   [PL 2009, c. 627, §4 (AMD).][PL 2009, c. 627, §§3, 4 (AMD).] 15.  Production.   [PL 2007, c. 627, §2 (RP).] 16.  Qualified business activity.  "Qualified business activity" means a business activity that is conducted within a Pine Tree Development Zone and is directly related to financial services, manufacturing or a targeted technology business for which the business receives a letter of certification from the commissioner pursuant to section 5250-O.   [PL 2017, c. 440, §1 (AMD).] 17.  Qualified Pine Tree Development Zone business.  "Qualified Pine Tree Development Zone business" or "qualified business" means any for-profit business in this State engaged in or that will engage in financial services, manufacturing or a targeted technology business that has added or will add at least one qualified Pine Tree Development Zone employee above its base level of employment in this State and that meets the following criteria:   A. It demonstrates that the establishment or expansion of operations within the Pine Tree Development Zone would not occur within the State absent the availability of the Pine Tree Development Zone benefits and provides, at a minimum, a signed and notarized statement to this effect. The department shall determine whether the business has met the requirements of this paragraph; and   [PL 2017, c. 440, §2 (AMD).]B. It has received a letter of certification as a qualified business pursuant to section 5250-O.   [PL 2017, c. 440, §2 (AMD).][PL 2017, c. 440, §2 (AMD).] 18.  Qualified Pine Tree Development Zone employees.  Except for employees in call centers in Aroostook and Washington counties, "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 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. "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.   For employees in call centers in Aroostook and Washington counties, "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 provided and whose income derived from employment within the Pine Tree Development Zone, calculated on a weekly basis, is greater than the 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. Notwithstanding this subsection, with respect to employees in call centers in Aroostook and Washington counties, in a county in which the average annual unemployment rate at the time of certification for the most recent calendar year is greater than the state average for the same year, the wage threshold is 90% of the average weekly wage as derived from the quarterly census of employment and wages. Notwithstanding this subsection, with respect to a call center in Aroostook or Washington county and upon approval of the commissioner, a qualified business located in a county in which 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 qualifies for a phase-in of salary threshold requirements. A qualified business under this provision must meet 70% of the average weekly wage as derived from the quarterly census of employment and wages in the first year of certification, 80% of the average weekly wage as derived from the quarterly census of employment and wages in the 2nd year of certification and 90% of the average weekly wage as derived from the quarterly census of employment and wages in all following years of certification. Failure to meet any of these requirements results in automatic revocation of certification. "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.   [PL 2015, c. 368, §2 (AMD).] 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.   [PL 2015, c. 368, §3 (NEW).] 19.  State average weekly wage.  "State average weekly wage" means the average weekly wage as published by the Department of Labor for the State as a whole for the 12 most recently reported months preceding the date of application.   [PL 2009, c. 461, §9 (AMD).] 20.  State unemployment rate.  "State unemployment rate" means the average unemployment rate published by the Department of Labor for the State as a whole for the 12 most recently reported months preceding the date of application.   [PL 2009, c. 461, §10 (AMD).] 21.  Targeted technology business.  "Targeted technology business" means a business primarily involved in a targeted technology as defined in Title 5, section 15301.   [PL 2003, c. 688, Pt. D, §2 (NEW).] 21-A.  Tier 1 location.  "Tier 1 location" means a location designated by the department to be eligible for Pine Tree Development Zone benefits for a period of 10 years.   [PL 2009, c. 461, §11 (NEW).] 21-B.  Tier 2 location.  "Tier 2 location" means a location designated by the department to be eligible for Pine Tree Development Zone benefits for a period of 5 years. After the 5 years, all Pine Tree Development Zone benefits expire, except for the expanded employment tax increment financing benefits under Title 36, chapter 917, which must be recalculated at that time to reflect the standard rates under that chapter.   [PL 2009, c. 461, §12 (NEW).] 22.  Unit of local government.  "Unit of local government" means a municipality, county, plantation, unorganized territory or Indian tribe.   [PL 2003, c. 688, Pt. D, §2 (NEW).] 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.   [PL 2009, c. 21, §3 (NEW).] 24.  Working waterfront industry.  "Working waterfront industry" means an industry primarily involved in supporting commercial fishing, marine and boat building activities.   [PL 2009, c. 21, §4 (NEW).] SECTION HISTORY PL 2003, c. 688, §D2 (NEW). PL 2005, c. 351, §§1-4 (AMD). PL 2005, c. 351, §26 (AFF). PL 2005, c. 637, §1 (AMD). PL 2005, c. 650, §1 (AMD). PL 2007, c. 466, Pt. A, §52 (AMD). PL 2007, c. 627, §§1, 2 (AMD). PL 2009, c. 21, §§1-4 (AMD). PL 2009, c. 461, §§2-12 (AMD). PL 2009, c. 627, §§2-4 (AMD). PL 2015, c. 368, §§1-3 (AMD). PL 2017, c. 440, §§1, 2 (AMD). PL 2019, c. 401, Pt. C, §§2, 3 (AMD).