Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 100 - PINE TREE DEVELOPMENT ZONE PROGRAM › Section 100-100-2 - Certification of Qualified PTDZ Businesses

Current through 2024-29, July 17, 2024
Summary:
This section establishes the
				  certification process and establishes requirements for applications for
				  certification as a qualified PTDZ business pursuant to
				  30-A M.R.S.
				  §5250(O).
1.
Eligibility
In general, to be certified, a business must be engaged in a
				  qualified business activity as defined above and must intend to hire at least
				  one qualified employee above its base level of employment to work directly in
				  one or more qualified business activities. A business establishing or expanding
				  operations in a PTDZ must be certified by the Commissioner as a Qualified PTDZ
				  business prior to applying for, or receiving PTDZ benefits through any agency
				  or other source.
2.
Application Requirements
A business seeking certification shall submit for the
				  Commissioner's review one original, signed application that satisfies the
				  requirements of this section. The application must be received by December
				  31st of the calendar year for which approval is
				  sought. Certification under this section fulfills the application requirements
				  for, and approval of, Employment Tax Increment Financing (ETIF) benefits for
				  the business under 36 M.R.S. Chapter 917.
A business applying for certification as a qualified PTDZ
				  business must submit a signed, notarized statement describing the basis under
				  which it has determined that the proposed business establishment or expansion
				  would not go forward absent the benefits provided by the PTDZ program. The
				  statement must be included within the text of the But For letter submitted in
				  advance of filing the application for certification, or it may be included with
				  the application. In no case, will an application for PTDZ certification be
				  reviewed absent the required notarized statement.
An application for certification as a qualified PTDZ business
				  shall contain the following information for the applicant business, as well as
				  certain base level information for any affiliated business within the
				  state:
A. Descriptive data for the
				proposed development project, including a summary of the qualified business
				activity, and:
(1) A description of the
				existing business in Maine, its products and/or services and history of
				operation;
(2) A description of the
				qualified business operations or activities that will be conducted within the
				PTDZ, a description of the non-qualified business activities, if any, that will
				be conducted within the PTDZ, and a description of the employees, positions,
				and property, if any, that will be transferred from an affiliate or a
				non-qualified business activity to a qualified business activity;
(3) A description of the market(s) and/or
				competitive environment in which the business operates or expects to operate;
				and
(4) A description of the
				business operations that will be established or expanded, including employment
				expansion and investment plans, for the qualified business within a PTDZ within
				the two-year period beginning on the date of certification, including:
a. Real property to be constructed or
				modified and its cost;
b. Tangible
				personal property to be purchased and its estimated cost;
c. Employee training required;
d. Qualified employees to be hired, and their
				annual payroll and ETIF reimbursement estimates; and
e. Any other employees to be hired, and their
				estimated annual payroll;