reglab/statecodes huggingface dataset:
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 1 - MUNICIPAL TAX INCREMENT FINANCING RULE › Section 100-1-5 - DEPARTMENT REVIEW AND CERTIFICATION

Current through 2024-29, July 17, 2024
A.
REVIEW BY COMMISSIONER
Upon receipt of an application for approval of the
				  designation or amendment of a tax increment financing district, the
				  Commissioner shall review the application to ensure that it is complete and
				  satisfies the requirements of both 30-A M.R.S.A., Chapter 206, and this Chapter
				  of the Department's rules.
B.
ACTION ON APPLICATION
After reviewing an application, the Commissioner shall issue
				  a Certificate of Approval, deny the application, stating in writing the reason
				  or reasons for the denial or issue a conditional approval in accordance with
				  section 5, subsection F.
C.
CERTIFICATE OF APPROVAL
1.
				Contents - Original or Downtown designation
a.
				The name of the tax increment financing district;
b. The effective date of the
				approval
c. The term of the tax
				increment financing district, not to exceed 30 years from the date of
				designation of the district;
d. The
				requirements for capturing value;
e. The requirement that tax increment
				financing revenues be deposited and held in a project cost account and/or
				sinking fund account and be used only for approved project costs;
f. The requirement that the municipality
				notify the Department promptly if the tax increment financing district is
				terminated;
g. The requirement
				that, if tax increment revenues derived from the district are deposited into
				the municipality's general fund, the incremental property values generating the
				revenues deposited in the general fund be included with the municipality's
				equalized assessed value and not be captured;
h. The requirement that any amendment of the
				district comply with (1) the statutes governing approval of the original
				designation of the district and (2) this Chapter of the Department's rules;
				and
i. Any other information the
				Department determines necessary.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 1 - MUNICIPAL TAX INCREMENT FINANCING RULE › Section 100-1-7 - ANNUAL REPORTING REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
MUNICIPALITIES
Annually, a municipality in which a state approved municipal
				  tax increment financing district is located must report the following
				  information, using forms provided by the Department:
1. To the extent to which public improvements
				and project plans outlined in the development program have been
				completed.
2. The extent to which
				debt incurred in implementing the development program has been
				retired.
3. Any other information
				specifically requested by the Department.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 2 - PULP AND PAPER TAX INCREMENT FINANCING AND ENVIRONMENTAL INVESTMENT PROGRAM RULE › Section 100-2-2 - APPLICATION REQUIREMENTS

Current through 2024-29, July 17, 2024
A. GENERAL
Municipalities wishing to use pulp and paper tax increment
				  financing to fund development programs must submit an application to the
				  Department conforming in all material respects to the requirements of Section
				  (B) below and providing any additional information the Department may
				  request.
A county may act as a municipality for the unorganized
				  territory within that county for purposes of pulp and paper tax increment
				  financing utilizing the procedure specified in 30-A M.R.S.A. §5263.
B. PULP AND PAPER TAX INCREMENT
				FINANCING APPLICATION
An application for designation of a pulp and paper tax
				  increment financing district must contain the following:
1. A Development Program, fulfilling the
				requirements specified in 30-A M.R.S.A. §5262(5), and including:
a. a program narrative;
b. a description of the district and the
				environmental improvement project to be financed, as depicted in Table I in the
				Appendix;
c. a description of the
				Certified Elements included in the environmental improvement project.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 2 - PULP AND PAPER TAX INCREMENT FINANCING AND ENVIRONMENTAL INVESTMENT PROGRAM RULE › Section 100-2-3 - DEPARTMENT REVIEW PROCEDURES

Current through 2024-29, July 17, 2024
A. PULP AND PAPER
				TAX INCREMENT FINANCING DISTRICT
Applications for designation of a pulp and paper tax
				  increment financing district will be reviewed by the Department, subject to the
				  following provisions:
1. Completed
				applications will be reviewed in the order in which they are
				received.
2. Completed applications
				must contain current information regarding assessed values as of March 31
				immediately preceding the date of receipt by the Department.
3. Prior to issuing a Certificate of
				Approval, the Commissioner must determine that the application is complete and
				that the revenues projected to be generated by the proposed district, together
				with such other sources of revenue as are identified in the application, appear
				to be sufficient to pay for the costs to be incurred in implementing the
				district, and that the application otherwise conforms to these regulations and
				the law. The Commissioner must either (a) confirm the Certified Elements
				included in the project under the certification by rule provisions of the Maine
				Department of Environmental Protection Regulations to be adopted, or (b) have
				received written notification from the Commissioner of Environmental Protection
				identifying those elements of a development program that constitute Certified
				Elements.
4. The Department will
				complete its review of completed applications within thirty working days of
				submission. Successful applicants will receive a Certificate of Approval in
				accord with Section 4. Unsuccessful applicants will receive written explanation
				of the reason for denial.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 2 - PULP AND PAPER TAX INCREMENT FINANCING AND ENVIRONMENTAL INVESTMENT PROGRAM RULE › Section 100-2-4 - DEPARTMENT DESIGNATION PROCEDURES AND LIMITATIONS

Current through 2024-29, July 17, 2024
A. DESIGNATION PROCEDURES
Upon determining that an application for designation of a
				  pulp and paper tax increment financing district meets all applicable
				  requirements, the Commissioner shall issue a Certificate of Approval. The
				  Certificate of Approval shall indicate the amount of captured assessed value
				  that is necessary to retire the debt or pay for project costs as described in
				  the applicant's development program. The amount of captured assessed value
				  shall be determined as follows:
1. The
				Department shall first determine from the information presented in the
				financial plan the amount of tax increment revenue required in any one year to
				provide for adequate funding of (a) the development sinking fund account
				established pursuant to 30-A M.R.S.A. §5265(3) (A) (1) and (b) the project
				cost account established pursuant to 30-A M.R.S.A. §5265(3) (A)
				(2).
2. For the sinking fund, the
				amount of debt service shall then be divided by the mill rate anticipated in
				the year in which the amount of debt service is to be incurred. The resulting
				figure represents the amount of captured assessed value that is necessary to
				retire the debt incurred in implementing the development program.
3. For the project cost account, the amount
				of approved annual project costs shall then be divided by the mill rate
				anticipated in the year in which the amount of project costs are to be
				incurred, or the municipality may designate a percentage of total increased
				assessed value as the captured assessed value, in which case the captured
				assessed value is determined as set forth in the financial plan.
Unless amended and approved by the Commissioner, such
				  designation shall remain in effect for the shorter of either twenty years or
				  until revenues sufficient to fully fund the sinking fund account and project
				  cost account requirements have been realized.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 2 - PULP AND PAPER TAX INCREMENT FINANCING AND ENVIRONMENTAL INVESTMENT PROGRAM RULE › Section 100-2-5 - ANNUAL REPORTING REQUIREMENTS

Current through 2024-29, July 17, 2024
On or before June 30 of each year, a municipality in which a
				  state approved pulp and paper tax increment financing district is located must
				  report the following information to the Department:
1. The extent to which public improvements
				and project plans outlined in the development program have been
				completed.
2. The extent to which
				debt incurred in implementing the development program has been
				retired.
3. Any other information
				requested by the Department.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 2 - PULP AND PAPER TAX INCREMENT FINANCING AND ENVIRONMENTAL INVESTMENT PROGRAM RULE › Section 100-2-6 - CALCULATION OF A MILL'S VALUATION ELIGIBLE TO RECEIVE PULP AND PAPER TAX INCREMENT FINANCING

Current through 2024-29, July 17, 2024
A. DETERMINATION OF
				INCREASES FROM ORIGINAL ASSESSED VALUE
Each year upon the anniversary of the formation of a pulp and
				  paper tax increment financing district, the municipal assessor shall certify
				  the amount by which the assessed value of property within the development
				  district has increased from the original assessed value.
B. DETERMINATION OF ADJUSTMENTS TO INCREASES
				IN CAPTURED ASSESSED VALUE
Adjustments to annually determined increases in captured
				  assessed values within a development district are governed by 30-A M.R.S.A.
				  §5265(2). That subsection is intended to inhibit relocation of property
				  from outside a development district into a development district in order to
				  capture its assessed value.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 2 - PULP AND PAPER TAX INCREMENT FINANCING AND ENVIRONMENTAL INVESTMENT PROGRAM RULE › Section 100-2-7 - PROJECT COSTS

Current through 2024-29, July 17, 2024
Project costs shall only be reduced by income, special
				  assessments, subsidies, grants or other revenues available to the municipality,
				  other than tax revenues, that have been received by the municipality or are
				  actually committed to be paid to the municipality at the time of the approval
				  of the development program.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 2 - PULP AND PAPER TAX INCREMENT FINANCING AND ENVIRONMENTAL INVESTMENT PROGRAM RULE › Section 100-2-8 - PAYMENTS FROM DEVELOPMENT PROGRAM FUND ACCOUNT

Current through 2024-29, July 17, 2024
The development sinking fund account established pursuant to
				   30-A M.R.S.A.
				  §5265(3)(A)(1) is
				  pledged to and charged with the payment of the interest and principal as the
				  interest and principal fall due and the necessary charges of paying interest
				  and principal on notes, bonds or other evidences of indebtedness that were
				  issued by the municipality or its designee to fund or refund the cost of the
				  development program fund.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 2 - PULP AND PAPER TAX INCREMENT FINANCING AND ENVIRONMENTAL INVESTMENT PROGRAM RULE › Section 100-2-9 - DISTRIBUTIONS FROM THE PULP AND PAPER ENVIRONMENTAL INVESTMENT FUND

Current through 2024-29, July 17, 2024
A. APPLICATION REQUIREMENTS
Applications for distributions from the pulp and paper
				  environmental investment fund will be reviewed by the Department, subject to
				  the following provisions:
1. Completed
				applications must be submitted to the Department on or before March 1st of each
				year in order to be considered for payment that calendar year;
2. Completed applications must contain an
				itemization of all Certified Elements acquired, installed or constructed
				together with a breakdown of all costs incurred in connection therewith during
				the immediately preceding calendar year; and
3. Prior to approving any application, the
				Commissioner must determine that the application is complete and that the
				itemized costs of Certified Elements were actually incurred during the previous
				calendar year. If the Commissioner rejects any costs, the applicant will
				receive a written explanation of the reasons for denial. The Commissioner may
				request further information from an applicant in order to make the required
				determination.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 2 - PULP AND PAPER TAX INCREMENT FINANCING AND ENVIRONMENTAL INVESTMENT PROGRAM RULE › APPENDIX

Current through 2024-29, July 17, 2024
TABLE 1
1. Total acreage of municipality:
2. Total acreage of proposed pulp and paper tax
							 increment financing district:
3. Total acreage of all real property in the proposed
							 pulp and paper tax increment financing district that is owned by a company
							 engaged in the pulp and paper industry:
4. Line 4 divided by Line 2 (the resulting percentage
							 must equal or exceed 75%)
TABLE 2
DEVELOPMENT COSTS
Municipal
TIF
Proceeds
Private
							 Funds
Equity Bank(s)
Other
(Specify)
Total
1. Land Acquisition
2. Building Acquisition
3. Relocation of Persons and Businesses
4. Clearance & Demolition
5. Street & Site Improvements
6. Water & Sewer Improvements
7. Building Construction
8. Parking Facilities
9. Capital Equipment
10. Preferred Fees
11. Administrative Costs
12. Discretionary Payments
13. Training Costs
14. Other Costs
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 100-3-1 - Definitions

Current through 2024-29, July 17, 2024
For purposes of the Governor's Training Initiative, the
				  following definitions apply:
1.
				Applicant: An applicant is an employer, a group of employers, or an employer in
				partnership with any one or more of the eligible entities cited in Subsection 8
				of
				 26 MRSA,
				Section2031.
2. Employer: An employer is a private sector
				entity that produces goods or services and is creating, upgrading or retaining
				jobs that require work force training.
3. Partnership: A partnership must include an
				employer and may only be in combination with any one or more of the eligible
				entities cited in Subsection 8 of
				 26 MRSA
				Section2031. Such entities include, but are
				not limited to, employers, regional and local economic development agencies or
				partnerships, community-based organizations, job training service providers,
				registered apprenticeship service providers, local adult education providers
				and post-secondary institutions.
4.
				Participant: A participant is an individual residing in Maine and in receipt of
				GTI services defined in Section
				1, Subsection 6 A -H for the purpose of
				Maine employment.
A Training participant: A
				training participant is an individual residing in Maine and in receipt of GTI
				services defined in Section
				1, Subsection 6 C -H for the purpose of
				Maine employment.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 100-3-2 - Selection Criteria

Current through 2024-29, July 17, 2024
The following criteria must be demonstrated to the
				  interdepartmental review team at the time of application:
1. Training for new hires shall not be
				approved for any occupation in a labor market where there is already a
				sufficient supply of workers trained and available to meet an employer's needs
				and skill levels for workers in that occupation as determined by the Department
				of Labor's Division of Labor Market Information Services. The applicant shall
				agree to provide to the Department of Labor the employer's existing and
				proposed occupational staffing descriptions, employment levels, and other
				related information to enable the evaluation of labor supply for the labor
				market.
2. An employer shall
				provide a statement of commitment to long-term operation in this
				State.
3. An employer seeking
				training funds under this program shall pay trainees a wage that is at least
				equal to 85% of the average wage for that occupation in that labor market. Wage
				levels will be determined by the Department of Labor's Division of Labor Market
				Information Services.
4. An
				employer shall contribute at least 50% of the premium cost of employee health
				insurance except for small businesses with fewer than 25 employees and in
				operation less than three years at the time of application.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 100-3-3 - Selection Preference

Current through 2024-29, July 17, 2024
In addition to meeting the criteria set forth in Section
				  2 above, preference must be given to an
				  applicant that substantiates one or more of the following at the time of
				  application:
1. Formation of a local
				project partnership;
2. Employer
				willingness to leverage matching funds;
3. Investment in the lifelong learning and
				skills development of citizens of this state;
4. An increase in the local education and
				training capacity to support more than one employer that is caused by a
				proposed project;
5. Provision of
				high wage or high skill employment, employee benefits and job
				security;
6. Employer intention to
				expand or locate in economically depressed areas of this State;
7. Employer willingness to hire new labor
				force entrants, economically disadvantaged individuals, persons with
				disabilities or dislocated workers; or
8. Employer willingness to provide a
				registered apprenticeship for current employees or new hires.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 100-3-4 - Selection Process

Current through 2024-29, July 17, 2024
1. An application
				will be reviewed to determine if it meets the following requirements:
A Applicant as cited in subsection 8 of 26
				MRSA, Section2031; and
B Selection
				criteria, as cited in subsection 4 of 26 MRSA, Section2031 and further defined
				in Section 2 of this rule.
An application failing to meet either requirement will not be
				  considered.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 100-3-5 - Non-Displacement

Current through 2024-29, July 17, 2024
No new hires under this program shall result in the
				  displacement from the firm of any currently employed worker or position
				  (including partial displacement such as reduction in hours of nonovertime work,
				  wages, or employment benefits), or result in the impairment of existing
				  contracts for services or collective bargaining agreements. In addition, no new
				  employment or assignment of a participant or the filling of a position shall
				  take place when:
1. Any other
				individual is on layoff from the same or any equivalent position, or
2. The employer has laid off any regular
				employee or otherwise reduced its workforce with the effect of filling the
				vacancy so created with a participant subsidized under the program.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 100-3-6 - Supportive Services

Current through 2024-29, July 17, 2024
Supportive services shall be provided when necessary to
				  participate in training provided that the training participant would be
				  eligible for such service under another public training program if funds were
				  available to provide those services to the training participant. All
				  participants shall be given written notice of the availability of these
				  services, shall have the opportunity to make written application for them upon
				  request, and shall receive a written notice as to the disposition of that
				  application. Upon application, a participant will be provided with a form to be
				  used for documenting his/her program eligibility through another public program
				  and the unavailability of these services due to fiscal constraints under such
				  program. Available services include:
1
				Training materials or books necessary for participation in the
				training;
2 Payment for dependent
				care costs, provided these costs do not exceed the prevailing rate for such
				care; and
3 Travel payments
				according to the policies consistent with Job Training System service
				providers.
Funds for supportive services necessary to participate in
				  training are limited to the duration of the training period, except that costs
				  for services in (2) & (3) above are limited to 90 days for trainees who are
				  receiving wages through the employer or GTI subsidized wages.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 100-3-7 - Participant ppeal Procedure

Current through 2024-29, July 17, 2024
1. All
				determinations under this section shall be made promptly and in writing. A
				participant who is aggrieved by any decision or action made under this section
				may appeal as provided in this subsection.
2. Each person who requests or receives
				training or supportive services under this section shall be given written
				notice describing the right and procedure of appeal provided by this section.
				This notice shall:
A Be uniform throughout the
				State;
B Be written in language
				that is clear and understandable and must have a readability score, as
				determined by a recognized instrument for measuring adult literacy levels,
				equivalent to no higher than a 6th grade level; and
C Include a statement that:
1 Any decision regarding the type of training
				or the type, amount or duration of supportive services offered may be
				appealed;
2 Hearings provided under
				paragraph C will be conducted by an impartial hearing officer whose decision
				may be appealed to the court; and
3
				The person may be eligible to receive free legal assistance in pursuing an
				appeal. This statement must also provide a list of organizations that provide
				legal assistance to persons of low income.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 4 - RULE REGARDING HOUSING OPPORTUNITY PROGRAM GRANTS › Section 100-4-1 - PURPOSE AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Purpose
The Housing Opportunity Program provides grants to service
				  providers and municipalities to encourage and support the development of
				  additional housing units in Maine, including housing units that are affordable
				  for low-income and moderate-income individuals and housing targeted to
				  community workforce housing needs. The purpose of the rule is to define the
				  criteria and proposal process for applications for grant funding.
B.
Definitions
Department.
"Department" means the Department of
				  Economic and Community Development.
Municipality.
"Municipality" means a city or a
				  town, excluding all unorganized and deorganized townships, plantations, and
				  towns that have delegated administration of land use controls to the Maine Land
				  Use Planning Commission pursuant to 12 M.R.S. §
										682(1).
Program.
"Program" means the Housing Opportunity
				  Program.
Service provider.
"Service provider" means
				  regional planning organizations (councils of governments, regional planning
				  commissions) and regional economic development organizations as referenced in
				  Title 30-A, Chapter 119, county governments, non-profit organizations, academic
				  institutions and cooperative extension programs, and for-profit enterprises.
				  Municipalities are also eligible to apply as a service provider. Municipalities
				  and service providers will need to demonstrate experience and
				  capacity.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 4 - RULE REGARDING HOUSING OPPORTUNITY PROGRAM GRANTS › Section 100-4-2 - ELIGIBILITY

Current through 2024-29, July 17, 2024
Municipalities and service providers are eligible to apply
				  for grant funds as outlined below.
A.
				Municipalities are eligible to apply for grant funds to support (1) community
				housing planning services, including the creation or amendment of municipal
				ordinances and creation of housing development plans; and (2) community housing
				implementation services in support of a housing goal as defined in a
				comprehensive plan or other master planning effort.
B. Service providers are eligible to apply
				for grant funds to support municipal ordinance development, provide technical
				assistance, and encourage public participation and community engagement in
				their efforts to increase housing opportunities.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 4 - RULE REGARDING HOUSING OPPORTUNITY PROGRAM GRANTS › Section 100-4-3 - APPLICATION PROCESS

Current through 2024-29, July 17, 2024
A. The Department
				shall issue requests for proposals for grant applications from service
				providers and municipalities. All proposals will be reviewed by a grant
				selection committee and amounts, if any, will be awarded on the quality of the
				applicant's application. Criteria for the grant selection committee's
				evaluation of proposals consistent with this rule will be set forth in the
				request for applications. Award decisions may be appealed to the Director of
				the Bureau of General Services pursuant to 18-544 C.M.R. ch. 120,
Rules
				for Appeal of Contract and Grant Awards
(May 1, 1996).
B. Proposals must detail plans describing the
				tactics that will be used to support municipal ordinance development and
				planning services to increase housing opportunities. The Department may require
				proposals to include the following:
1.
				Evidence of experience and technical expertise to perform the proposed work, or
				process and criteria to be used to obtain these services;
2. A detailed scope of work identifying
				measurable outcomes that will be achieved as a result of receiving
				funds;
3. Identification of target
				metrics describing how the applicant will measure performance;
4. Evidence of adequate and committed sources
				of operating capital, such as previous fiscal year budget and
				expenses;
5. A proposed budget for
				the funds and budget narrative outlining the use of funds;
6. Evidence of sources and access to matching
				funds; and
7. If using in-kind
				match, a description of the activity, including identity of personnel assigned
				to work on the in-kind project specific to this grant and the value of
				match.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 4 - RULE REGARDING HOUSING OPPORTUNITY PROGRAM GRANTS › Section 100-4-4 - PROGRAM REVIEW

Current through 2024-29, July 17, 2024
A.
Department
				Responsibilities
By January 15, 2024, the Department shall submit a report to
				  the joint standing committee of the Legislature having jurisdiction over
				  economic development and housing matters. The report must include the
				  following:
1. Recommendations for
				changes in the statutes to improve the program and its delivery of services to
				municipalities;
2. An accounting of
				the use of all program funds received and expended since the program's
				inception;
3. A summary of the
				status of any approved projects; and 4. A summary of the results of any
				completed projects.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 5 - HOUSING OPPORTUNITY PROGRAM: MUNICIPAL LAND USE AND ZONING ORDINANCE RULE › Section 100-5-1 - PURPOSE AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
PURPOSE
1. This chapter sets
				forth the provisions which require municipalities to create or amend local
				ordinances to allow for (1) additional density for affordable housing
				developments in certain areas; (2) multiple dwelling units on lots designated
				for housing; and (3) one accessory dwelling unit located on the same lot as a
				single-family dwelling unit in any area where housing is permitted.
2. Municipalities need not adopt this rule
				language or the statutory language in
				P.L.
				2021 Ch. 672 word for word. The Department
				encourages municipalities to consider local planning documents and other
				special local considerations, and to modify language into one that meets the
				needs of a particular community and the minimum requirements of this
				legislation. Municipalities may wish to adopt ordinances that are more
				permissive, provided that such ordinances are equally or more effective in
				achieving the goal of increasing housing opportunities. If a municipality does
				not adopt ordinances to comply with
				P.L.
				2021 Ch. 672, this legislation will preempt
				municipal home rule authority.
3.
				These rules do not:
a) Abrogate or annul the
				validity or enforceability of any valid and enforceable easement, covenant,
				deed restriction or other agreement or instrument between private parties that
				imposes greater restrictions than those provided in this rule, as long as the
				agreement does not abrogate rights pursuant to the United States Constitution
				or the Constitution of Maine;
b)
				Exempt a subdivider from the requirements in Title 30-A Chapter 187 subchapter
				4;
c) Exempt an affordable housing
				development, a dwelling unit, or accessory dwelling unit from the shoreland
				zoning requirements established by the Department of Environmental Protection
				pursuant to Title 38 Chapter 3 and municipal shoreland zoning ordinances;
				or
d)  Abrogate or annul minimum lot
				size requirements under Title 12 Chapter 423-A.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 5 - HOUSING OPPORTUNITY PROGRAM: MUNICIPAL LAND USE AND ZONING ORDINANCE RULE › Section 100-5-2 - AFFORDABLE HOUSING DENSITY

Current through 2024-29, July 17, 2024
A.
GENERAL
This Section requires municipalities to allow an automatic
				  density bonus for certain affordable housing developments approved on or after
				  July 1, 2023, as outlined below. This section only applies to lots in zoning
				  districts that have adopted density requirements.
B.
ELIGIBILITY FOR DENSITY BONUS
1. For purposes of this section, a
				municipality shall verify that the development:
a) Is an affordable housing development as
				defined in this chapter, which includes the requirement that a majority of the
				total units on the lot are affordable;
b) Is in a designated growth area pursuant to
				30-A M.R.S. §
											4349- A(1)(A) or (B) or served by a
				public, special district or other centrally managed water system and a public,
				special district or other comparable sewer system;
c) Is located in an area in which multifamily
				dwellings are allowed per municipal ordinance;
d) Complies with minimum lot size
				requirements in accordance with Title 12 Chapter 423-A; and
e) Owner provides written verification that
				each unit of the housing development is proposed to be connected to adequate
				water and wastewater services prior to certification of the development for
				occupancy or similar type of approval process. Written verification must
				include the following:
i. If a housing unit is
				connected to a public, special district or other comparable sewer system, proof
				of adequate service to support any additional flow created by the unit and
				proof of payment for the connection to the sewer system;
ii. If a housing unit is connected to a
				septic system, proof of adequate sewage disposal for subsurface wastewater. The
				septic system must be verified as adequate by a local plumbing inspector
				pursuant to 30-A M.R.S. §
												4221. Plans for a subsurface
				wastewater disposal must be prepared by a licensed site evaluator in accordance
				with 10-144 C.M.R. Ch. 241,
Subsurface Wastewater Disposal
				Rules
.
iii. If a housing
				unit is connected to a public, special district or other centrally managed
				water system, proof of adequate service to support any additional flow created
				by the unit, proof of payment for the connection and the volume and supply of
				water required for the unit; and
iv.
				If a housing unit is connected to a well, proof of access to potable water,
				including the standards outlined in 01-672 C.M.R. Ch. 10 section
				10.25(J),
Land Use Districts and Standards
. Any test of an existing well
				or proposed well must indicate that the water supply is potable and acceptable
				for domestic use.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 5 - HOUSING OPPORTUNITY PROGRAM: MUNICIPAL LAND USE AND ZONING ORDINANCE RULE › Section 100-5-3 - DWELLING UNIT ALLOWANCE

Current through 2024-29, July 17, 2024
A.
GENERAL
This section requires municipalities to allow multiple
				  dwelling units on lots where housing is allowed beginning on July 1, 2023,
				  subject to the requirements below. The requirements listed in Section
				  3 apply to municipalities with and
				  without zoning. Private, state or local standards such as homeowners'
				  association regulation, deed restrictions, lot size, set back, density, septic
				  requirements, minimum lot size, additional parking requirements, growth
				  ordinance permits, shoreland zoning and subdivision law, may also apply to
				  lots.
B.
REQUIREMENTS
1. Dwelling Unit
				Allowance
a) If a lot does not contain an
				existing dwelling unit, municipalities must allow up to four (4) dwelling units
				per lot if the lot is located in an area in which housing is allowed, meets the
				requirements in 12 M.R.S. Ch. 423-A, and is:
i. Located within a designated growth area
				consistent with 30-A M.R.S. §
												4349 A(1)(A)-(B); or
ii. Served by both a public, special district
				or other centrally managed water system and a public, special district or other
				comparable sewer system in a municipality without a comprehensive
				plan.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 5 - HOUSING OPPORTUNITY PROGRAM: MUNICIPAL LAND USE AND ZONING ORDINANCE RULE › Section 100-5-4 - ACCESSORY DWELLING UNITS

Current through 2024-29, July 17, 2024
A.
GENERAL
1. A municipality must
				allow, effective July 1, 2023, one accessory dwelling unit to be located on the
				same lot as a single-family dwelling unit in any area in which housing is
				allowed, subject to the requirements outlined below. The requirements listed in
				Section 4 apply to
				municipalities with and without zoning. Private, state or local standards such
				as homeowners' association regulation, deed restrictions, set back, density,
				septic requirements, shoreland zoning and subdivision law may also apply to
				lots.
2. A municipal ordinance that
				allows more than one accessory dwelling unit or that allows accessory dwelling
				units to be established in relation to duplex, triplex and other multi-unit
				buildings shall be considered consistent with the goals of
				P.L.
				2021 Ch. 672.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 5 - HOUSING OPPORTUNITY PROGRAM: MUNICIPAL LAND USE AND ZONING ORDINANCE RULE › Appendix - APPENDIX

Current through 2024-29, July 17, 2024
List of Reference Material
Reference Material
Location to Obtain Document
U.S. Environmental Protection Agency's (EPA) Drinking
							 Water Standards and Health Advisories Table, March 2018.
U.S. Environmental Protection Agency Office of Water
							 Drinking Water Hotline 1-800-426-4791
10-144 C.M.R. Ch. 231, Rules Relating to Drinking
							 Water, May 9, 2016
Maine Department of Health & Human Services Maine
							 Center for Disease Control & Prevention 11 State House Station Augusta,
							 Maine 04333 207-287-8016
Resolve 2021, Ch. 82, Resolve, To Protect Consumers
							 of Public Drinking Water by Establishing Maximum Contaminant Levels for Certain
							 Substances and Contaminants
Maine State Legislature Legislative Information
							 Office- Document Room 100 State House Station Augusta, ME 04333 207-287-1408
							 webmaster_house@legislature.maine.gov
01-672 C.M.R. Ch. 10, Land Use Districts and
							 Standards, December 30, 2022
Maine Department of Agriculture, Conservation &
							 Forestry Bureau of Resource Information and Land Use Planning Land Use Planning
							 Commission 22 State House Station Augusta, Maine 04333 207-287-2631
10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal
							 Rules, August 3, 2015
Maine Department of Health & Human Services Maine
							 Center for Disease Control & Prevention 11 State House Station Augusta,
							 Maine 04333 207-287-8016
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 100 - PINE TREE DEVELOPMENT ZONE PROGRAM › Section 100-100-1 - Definitions

Current through 2024-29, July 17, 2024
As used in this rule, unless the context otherwise
				  indicates, the following terms have the following meanings:
1.
Affiliated Group.
"Affiliated
				group" means a group of two or more legal entities or individuals in which more
				than 50% of the voting stock of each member corporation or more than 50% of the
				ownership interest in any non-corporate member is directly or indirectly owned
				by one or more common owner or owners, either corporate or non-corporate, or by
				one or more member legal entities or individuals. For purposes of this rule,
				ownership means actual ownership.
2.
Base Level of Employment.
Generally, "Base level of employment" means the greater of:
a. 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
b. the total employment in the
				State of a business as of March 31st, June 30th, September 30th and December
				31st of the three calendar years immediately preceding the year in which the
				business applies for PTDZ certification divided by 12.
Adjustment for Significant Business Expansion
. A
				  qualified Pine Tree Development Zone business that has more than one location
				  in the state and creates 250 or more net new jobs in one location may apply for
				  an adjustment of the base level of employment if its total employment in the
				  State is greater than 50% of the number of net new jobs created at the location
				  of expansion and the business has appropriate infrastructure, zoning or other
				  land use regulations as needed. If an adjustment is granted, the base level of
				  employment will be determined on the basis of the location of the significant
				  employment expansion only. The adjustment must be reviewed annually and is not
				  available in any year in which the requirements are not met.
Transfer of Ownership
. When there is a change of
				  ownership of a certified business, the existing base level of employment will
				  continue to apply to that business regardless of the number of employees
				  located in this State of the acquiring owner, including any affiliated
				  businesses. The base level of employment may be adjusted when there is a
				  transfer of ownership if the Commissioner determines that:
a. there was a significant risk immediately
				prior to acquisition by the new owner that the certified business would cease
				operations due to financial or other hardship beyond the control of that
				business; or
b. the change in
				ownership is part of an effort to avoid "maintaining" the base employment level
				or any other PTDZ certification requirements.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 100 - PINE TREE DEVELOPMENT ZONE PROGRAM › Section 100-100-4 - Annual Reporting Requirements

Current through 2024-29, July 17, 2024
Summary:
This section establishes the reporting
				  requirements for certified businesses conducting business activities within
				  Pine Tree Development Zones.
For calendar years beginning on or after January 1, 2019, all
				  certified PTDZ businesses must file an annual report with the Department by
				  March 15th of the following year that provides the
				  following information:
* The total number of Maine employees and total salary and
				  wages for those employees for the report year;
* The total number of qualified PTDZ employees and total
				  salary and wages for those employees for the report year;
* The number of qualified PTDZ employees hired within the
				  report year;
* The amount of investments made during the report year at
				  the qualified PTDZ business location or directly related to the qualified
				  business activity; and
* In aggregate, the estimated or total value of PTDZ benefits
				  received or claimed in the report year.
A certified business that fails to file the required annual
				  report by the March 15th deadline, or submits an
				  annual report and fails to meet program requirements, will be terminated from
				  the program effective December 31st of the calendar
				  year for which the reporting was required.
1.
Certified Business Information
				Required
A certified PTDZ business shall submit information requested
				  by the Department as part of the annual comprehensive economic development
				  evaluation as defined by PL 2009 Chapter 337.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 300 - DIRIGO BUSINESS INCENTIVES PROGRAM (JOINT RULE WITH DAFS, MAINE REVENUE SERVICES)

Current through 2024-29, July 17, 2024
The
				adopted version of this chapter by
				filing
				2024-071, eff.
				3/20/2024 is not yet
				available.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 400 - EMPLOYMENT TAX INCREMENT FINANCING › Section 100-400-2 - APPLICATION REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
GENERAL
Qualified businesses wishing to use employment tax increment
				  financing to seek reimbursement of gross wages paid must submit an application
				  to the Department conforming in all material respects to the requirements of
				  Section 2(B) below and
				  providing any additional information the Department may request. The
				  application must be received within the calendar year for which approval is
				  sought.
B.
EMPLOYMENT
				TAX INCREMENT FINANCING APPLICATION
An application for employment tax increment financing
				  certificate of approval must contain the following:
1. Employment Tax Increment Financing
				Development Program, including:
a. Project
				Plan:
(1) A description of the business, its
				products and/or services and history of operation;
(2) A description of the market(s) and/or
				competitive environment in which the business operates or expects to operate;
				and
(3) A description of the
				applicant's employment growth and investment plans for the three (3) years
				following the date of application.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 400 - EMPLOYMENT TAX INCREMENT FINANCING › Section 100-400-3 - DEPARTMENT REVIEW

Current through 2024-29, July 17, 2024
Applications for an employment tax increment financing
				  certificate of approval will be reviewed by the Commissioner, subject to the
				  following provisions:
A. Completed
				applications will be reviewed in the order in which they are
				received;
B. Completed applications
				must contain current information as of the submission date;
C. Prior to issuing a Certificate of
				Approval, the Commissioner must determine that:
1. The application is complete;
2. The program will make a contribution to
				the economic well-being of the State;
3. The economic development described in the
				program will not result in a substantial detriment to existing businesses in
				the State; and
4. The qualified
				economic development project will not go forward without Employment Tax
				Increment Financing.
5. The
				application otherwise conforms to this rule and the Act.
In order to make this determination the Commissioner shall
				  consider, pursuant to 5 M.R.S.A., chapter 375, subchapter II, those factors
				  determined to be necessary to measure and evaluate the effect of the proposed
				  employment tax increment program, including whether any adverse economic effect
				  of the proposed program on existing businesses is outweighed by the program's
				  contribution to the economic well-being of the State. The Department will
				  complete its review of completed applications in a timely manner and issue a
				  Letter of Approval to the applicant detailing the percentage reimbursement and
				  term of the program. Unsuccessful applicants will receive written explanation
				  of the reason for denial and may appeal the decision within 10 days of
				  receiving the rejection letter.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 400 - EMPLOYMENT TAX INCREMENT FINANCING › Section 100-400-4 - CALCULATIONS

Current through 2024-29, July 17, 2024
A.
CALCULATION OF EMPLOYMENT TAX
				INCREMENT
The Commissioner shall:
1. Ensure that the qualified business has
				hired 5 qualified employees within the first two calendar years of approving a
				qualified economic development project and shall calculate a tentative
				employment tax increment once this threshold is met in year one or year two. If
				a previously qualified business fails to hire the 5 qualified employees within
				the first two calendar years of becoming certified or has any two consecutive
				calendar years where the hiring of 5 or more qualified employees is not
				achieved, the Commissioner shall terminate approval of the qualified economic
				development project. Any qualified business so terminated may re-apply for
				employment tax increment financing.
2. Calculate the tentative employment tax
				increment by first reviewing the employment and payroll data for all affiliated
				businesses at the time of application and in the annual reports provided by
				qualified businesses to determine whether any shifting of employees has
				occurred, and then removing from the gross employment tax increment any gross
				wages attributed to employees shifted from affiliated businesses to the
				qualified business.
3. On or
				before May 15th of each year, forward the tentative employment tax increment
				information for all qualified businesses to the State Tax Assessor.