Usa Maine

USA Statutes : maine
Title : Title 05. ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter : Chapter 383. ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING. PL 1987, c. 534, Pt. A, @17 (new))
Title 5 - §13051. Legislative findings

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1: GENERAL DEPARTMENT STRUCTURE AND AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Article 1: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT: GENERAL ORGANIZATION MISSION AND RESPONSIBILITIES (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new))

§13051. Legislative findings

The Legislature finds that the State's economy is linked to the national and international economies. Economic changes and disruptions around the world and in the nation have a significate impact upon the State's economy. The rise of 3rd-world and 4th-world countries as manufacturers of commodities for mass markets and the gradual evolution of the national economy to a technological, informational, specialty product-based economy have significantly affected the State and its communities. [1987, c. 534, Pt. A, §§17, 19 (new).] div>
In order for the State's economy to grow and gain a solid footing, it is necessary to determine the State's assets and the economic opportunities that are or will be available to the State's enterprise, municipalities and labor force. When these opportunities are determined or become apparent, state economic development policies and programs must be focused on facilitating the realization of these opportunities and removing barriers that impede the exploitation of these opportunities. [1987, c. 534, Pt. A, §§17, 19 (new).] div>
The Legislature finds that an economic development strategy designed to focus the State's economic development activities and resources on economic opportunities can significantly help the State and its municipalities realize greater growth and prosperity without adversely affecting the quality of life in the State. An economic development strategy must recognize and reflect the different needs, conditions and opportunities of the several different economic regions of the State. This strategy must be flexible and periodically evaluated to make it consistent with changes in conditions and opportunities that arise during these times of dynamic change. It is necessary to involve municipalities, regional economic development organizations and the private sector in the formulation of this strategy in order to establish a well developed and comprehensive plan that has the support of the State's citizens and officials. [1987, c. 534, Pt. A, §§17, 19 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13052. Purpose

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1: GENERAL DEPARTMENT STRUCTURE AND AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Article 1: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT: GENERAL ORGANIZATION MISSION AND RESPONSIBILITIES (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new))

§13052. Purpose

The Legislature finds that the decentralization of economic growth and development programs among several state agencies without any coordination of programs and agencies and without coordination with the State's municipal and regional economic efforts is not in the best interest of the State. The Legislature further finds that the State's economic development programs and policies and the economies of municipalities and regions mutually affect each other. [1987, c. 534, Pt. A, §§17, 19 (new).] div>
For state economic growth and development policies and programs to realize the greatest possible degree of effectiveness, it is necessary to coordinate these policies and programs on the state level, as well as with local and regional levels. It is necessary to formulate and implement economic development policies and programs that are consistent with an economic development strategy for the State. [1987, c. 534, Pt. A, §§17, 19 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13053. Establishment

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1: GENERAL DEPARTMENT STRUCTURE AND AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Article 1: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT: GENERAL ORGANIZATION MISSION AND RESPONSIBILITIES (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new))

§13053. Establishment

The Department of Economic and Community Development is established to encourage economic and community planning and development policies and programs of the State and to coordinate these programs and policies within the context of a state economic development strategy. The department is also established to work with municipalities and regional planning and economic development organizations to build strong local and regional economics and to implement programs and services through these local and regional organizations. [1987, c. 816, Pt. P, §6 (amd).] div>
The department shall encourage the creation and retention of quality jobs through increased private sector investment and to enhance the quality of life for all by assisting local governments to plan and implement comprehensive community planning and development strategies. [1987, c. 816, Pt. P, §6 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13054. Definitions

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1: GENERAL DEPARTMENT STRUCTURE AND AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Article 1: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT: GENERAL ORGANIZATION MISSION AND RESPONSIBILITIES (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new))

§13054. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1987, c. 534, Pt. A, §§17, 19 (new).]

1. Commissioner. "Commissioner" means the Commissioner of Economic and Community Development. [2003, c. 451, Pt. L, §1 (amd).]


2. Department. "Department" means the Department of Economic and Community Development. [2003, c. 451, Pt. L, §1 (amd).]


2-A. Permit. "Permit" means a license, certificate, registration or other authorization required by a governmental agency for a business undertaking. "Permit" includes, but is not limited to, a permit by rule issued by the Department of Environmental Protection in accordance with Title 38, section 344, subsection 7. [1991, c. 826, §1 (new).]


3. State Development Office. "State Development Office" means the Department of Economic and Community Development. [1987, c. 534, Pt. A, §§17, 19 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13055. Organization of department

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1: GENERAL DEPARTMENT STRUCTURE AND AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Article 1: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT: GENERAL ORGANIZATION MISSION AND RESPONSIBILITIES (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new))

§13055. Organization of department

The department shall consist of the organizations as established in this section to fulfill the purposes and mission as stated in this chapter and in a manner consistent with the State's economic development strategy. [1987, c. 534, Pt. A, §§17, 19 (new).]

1. Organizations. The department contains the following organizations:



A. The Office of Business Development; [2003, c. 198, §1 (amd).]




B. The Office of Tourism; [2003, c. 673, Pt. M, §2 (amd).]




C. [1989, c. 875, Pt. M, §§3, 13 (rp).]




D. [1989, c. 875, Pt. M, §§3, 13 (rp).]




E. [1991, c. 622, Pt. F, §7 (rp).]




F. The Office of Community Development; and [2003, c. 673, Pt. M, §2 (amd).]




G. The Office of Innovation. [2003, c. 673, Pt. M, §2 (new).]

[2003, c. 673, Pt. M, §2 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13056. Duties and responsibilities of department

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1: GENERAL DEPARTMENT STRUCTURE AND AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Article 1: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT: GENERAL ORGANIZATION MISSION AND RESPONSIBILITIES (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new))

§13056. Duties and responsibilities of department

The department shall have the duties and responsibilities to: [1987, c. 534, Pt. A, §§17, 19 (new).]

1. Implement policies and programs. Implement economic development policies and programs in compliance with the state economic development strategy; [1987, c. 534, Pt. A, §§17, 19 (new).]


2. Work with other organizations. Work with other state agencies, municipalities and regional planning, community and economic development organizations for the purpose of assisting and encouraging the orderly and coordinated development of the State; [1987, c. 534, Pt. A, §§17, 19 (new).]


3. Conduct planning and research. Conduct planning, research and analysis for department needs, but not macroeconomic forecasting which shall be the responsibility of the State Planning Office. The department shall gather, maintain and have access to all economic and other information necessary to the performance of its duties; [1987, c. 534, Pt. A, §§17, 19 (new).]


4. Communication with private sector. Communicate, on a regular basis, with the private sector to inform the private sector of departmental programs and services and to determine the needs, problems and opportunities of the private sector; [1987, c. 534, Pt. A, §§17, 19 (new).]


5. Prepare and distribute publications. Prepare and distribute publications that:



A. Describe various business development programs within the State that are available to Maine businesses; [1987, c. 534, Pt. A, §§17, 19 (new).]




B. Describe the various community and economic development programs of the State; and [1987, c. 534, Pt. A, §§17, 19 (new).]




C. Market the State of Maine and its communities as suitable areas for business development; [2003, c. 159, §1 (amd).]

[2003, c. 159, §1 (amd).]


6. Implement programs. Implement economic and community development programs which are assigned to the department by the Governor or Legislature, including those formerly administered by the following other state agencies:



A. The programs of the State Development Office; and [1987, c. 534, Pt. A, §§17, 19 (new).]




B. Other community planning and development assistance programs of the State Planning Office; [2003, c. 159, §2 (amd).]

[2003, c. 159, §2 (amd).]


7. Contract for services. When contracting for services, to the maximum extent feasible, seek to use the State's private sector resources in conducting studies, providing services and preparing publications; and [2003, c. 159, §3 (amd).]


8. Lead agency for business assistance in response to certain events. Be the lead agency for the State to provide information and business assistance to employers and businesses as part of the State's response to an event that causes the Department of Labor to carry out rapid-response activities as described in 29 United States Code, Sections 2801 to 2872 (2002). [2003, c. 159, §4 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13057. Commissioner; appointment

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1: GENERAL DEPARTMENT STRUCTURE AND AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Article 1: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT: GENERAL ORGANIZATION MISSION AND RESPONSIBILITIES (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new))

§13057. Commissioner; appointment

The commissioner shall be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over economic development matters and legislation and to confirmation by the Legislature. The commissioner shall serve at the pleasure of the Governor. [1987, c. 534, Pt. A, § § 17, 19 (new).]

1. Qualifications. The commissioner shall be a person with background, experience and interest in the areas of community and economic development. [1987, c. 534, Pt. A, § § 17, 19 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13058. Duties and responsibilities of commissioner

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1: GENERAL DEPARTMENT STRUCTURE AND AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Article 1: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT: GENERAL ORGANIZATION MISSION AND RESPONSIBILITIES (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new))

§13058. Duties and responsibilities of commissioner

The department shall be administered by the commissioner. The commissioner shall have the following powers and duties. [1987, c. 534, Pt. A, §§17, 19 (new).]

1. Employ and remove staff. The commissioner shall employ and remove staff of the department. Persons employed in major policy-influencing positions, as defined in section 934-A, and professional staff whose positions were formerly located in the State Development Office serve at the pleasure of the commissioner. The office directors serve at the pleasure of the commissioner.



A. All professional positions that are unclassified positions and members of bargaining units and are transferred to the department from units of State Government other than the State Development Office retain their current status, including their rights as members of bargaining units. The position responsible for the administration of the tax incentive programs and classified, clerical and other nonprofessional staff must be hired pursuant to the Civil Service Law for classified state employees. [2005, c. 425, §4 (amd).]




B. The commissioner may employ or engage such outside technical or professional consultants as may be necessary or appropriate to assist the office in carrying out its functions and may enter into contracts with other boards, commissions, departments and divisions of the State, with the University of Maine System or with private entities to assist the commissioner in carrying out the commissioner's duties under this chapter. [2005, c. 425, §4 (amd).]

[2005, c. 425, §4 (amd).]


2. Accept federal funds. The commissioner may accept for the State any federal funds appropriated under any federal law relating to the authorized programs of the department, including community and economic development in those nonentitlement areas and for those projects duly authorized under the United States Housing and Community Development Act of 1974, Title 1, and its subsequent amendments. The commissioner may undertake the necessary duties and tasks to implement federal law with respect to the authorized programs of the department.



A. The commissioner may accept for the department any funds from any other agency of government, individual, group, foundation or corporation to carry out this chapter, including fees designated by the commissioner for books, brochures, pamphlets, films, photos, maps and similar materials. A revolving fund is established within the department for the use of the department to cover the printing and distribution costs of these materials. Income from the sale of publications shall be credited to the revolving fund to be used as a continuing carrying account to carry out the purposes of the revolving funds. [1987, c. 534, Pt. A, §§17, 19 (new).]

[1987, c. 534, Pt. A, §§17, 19 (new).]


2-A. Accept grants. The commissioner may accept grant funds from other public or private sources to be used to carry out the duties of the department. [1989, c. 875, Pt. E, §7 (new).]


3. Hold hearings and adopt rules. The commissioner may hold hearings and adopt rules, in accordance with the Maine Administrative Procedures Act, Title 5, chapter 375, with respect to the implementation of authorized programs of the department.



A. The commissioner may adopt rules to distribute funds or assistance under the United States Housing and Community Development Act of 1974, Title 1, and its subsequent amendments. The rules shall be consistent with the annual final statement for the State Community Development Program submitted to the Federal Government. The department shall give notice in writing of any such rules to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs at least 20 days before the hearing, as stipulated in the Maine Administrative Procedure Act, Title 5, chapter 375, or before the deadline for comments if no hearing is scheduled. [1987, c. 534, Pt. A, §§17, 19 (new).]

[1987, c. 534, Pt. A, §§17, 19 (new).]


4. Coordinate programs and services. The commissioner shall coordinate the programs and services of the department. The commissioner shall coordinate the department's programs and services with those programs and services of other state agencies and regional planning and economic development organizations. [1987, c. 534, Pt. A, §§17, 19 (new).]


5. Review of program; report to Governor and Legislature. The commissioner shall review and evaluate the programs and functions of the department and the operation of the economic delivery system. The Maine Small Business Commission, as established in section 13032, shall conduct the evaluation and review required by this section with respect to small business programs. The commissioner shall report the commissioner's findings and recommendations with respect to the issues described in this subsection to the Governor and to the Legislature no later than February 1st of each first regular session of the Legislature. The commissioner shall conduct the review and evaluation with respect to the following:



A. The purpose of these programs and the degree to which the purpose is being met; [1993, c. 349, §14 (rpr).]




B. The degree of significance of the purpose of the programs and functions of the department; [1993, c. 349, §14 (rpr).]




C. The extent of the coordination of programs and services as required in subsection 4; [1993, c. 349, §14 (rpr).]




D. The needs, problems and opportunities that are not being met by the programs and services of the department; [1993, c. 349, §14 (rpr).]




E. The types of programs and services necessary to meet the needs, problems and opportunities as set out in paragraph D; [1993, c. 349, §14 (rpr).]




F. The problems and successes in the economic delivery system; [1993, c. 349, §14 (rpr).]




G. The state of small business in this State, including economic data, the effectiveness of state programs to aid small business, problems of small business that may be affected by state policies and such other information on small business as desired by the commissioner; [1993, c. 349, §14 (rpr).]




H. Within available resources, the extent of business growth and change, including business expansions, new businesses and business closings; [1999, c. 776, §4 (amd).]




I. Within available resources, the status of investments in business in the State; and [1999, c. 776, §4 (amd).]




J. The extent to which the purposes of the Maine Downtown Center are being met. [1999, c. 776, §5 (new).]

[1999, c. 776, §§4, 5 (amd).]


6. Responsible for oversight. The commissioner shall be responsible for the oversight and implementation of the following:



A. A program of assistance to encourage business development pursuant to subchapter II; [1987, c. 534, Pt. A, §§17, 19 (new).]




B. Community development programs; [1987, c. 534, Pt. A, §§17, 19 (new).]




C. A program of tourism promotion and development; [1987, c. 534, Pt. A, §§17, 19 (new).]




D. The promotion of Maine products and Maine as an investment opportunity; [1987, c. 534, Pt. A, §§17, 19 (new).]




E. A foreign trade zone program; and [2001, c. 703, §2 (amd).]




F. The Business Assistance Referral and Facilitation Program, pursuant to section 13063. [2001, c. 703, §2 (amd).]




G. [2001, c. 703, §3 (rp).]

[2001, c. 703, §§2, 3 (amd).]


7. Commissioner to coordinate programs. [2003, c. 673, Pt. M, §3 (rp).]


8. Dependent care services. [2003, c. 673, Pt. M, §4 (rp).]


9. Designate and certify local and regional organizations. The commissioner may designate and certify competent local and regional economic development organizations to implement state programs and services in whole or in part.



A. The commissioner may assist in forming regional planning commissions and councils of governments and may assist with financing the cost of operation of the regional planning commissions established under Title 30, chapter 204-A, subchapter III, and councils of governments empowered under Title 30, chapter 204-A, subchapter II. [1987, c. 534, Pt. A, §§17, 19 (new).]




B. The commissioner shall adopt rules with respect to standards and criteria for local and regional agencies to be certified and evaluate local and regional organizations in regard to the implementation of these programs and services. [1987, c. 534, Pt. A, §§17, 19 (new).]

[1987, c. 534, Pt. A, §§17, 19 (new).]


10. Assistance to municipalities to generate economic growth. The commissioner shall administer a program of assistance to municipalities to generate jobs and business development. Potential uses of this money include infrastructure development, planning and technical assistance, marketing and other types of capacity building.



A. This program may consist of a fund consisting of money derived from any general obligation bonds issued for the purposes of generating economic development and jobs. This fund with money not exceeding $1,000,000 shall be administered by the Department of Economic and Community Development to provide assistance as defined in this subsection. Money available for the purpose of this subsection shall not be used to provide financial assistance to business. [1987, c. 769, Pt. A, §19 (new).]




B. [1995, c. 462, Pt. A, §11 (rp).]

[1995, c. 462, Pt. A, §11 (amd).]


10-A. Maine Downtown Center. [1999, c. 790, Pt. R, §1 (rp).]


11. Federally mandated programs. [1989, c. 875, Pt. M, §§4, 13 (rp).]


12. Energy conservation standards. [1989, c. 875, Pt. M, §§4, 13 (rp).]


13. Approval or denial of certificates. [1989, c. 875, Pt. M, §§4, 13 (rp).]


14. Preparation of manual. [1989, c. 875, Pt. M, §§4, 13 (rp).]


15. Review and inspection. [1989, c. 875, Pt. M, §§4, 13 (rp).]


16. Administration of state standards. [1989, c. 875, Pt. M, §§4, 13 (rp).]


17. Rule-making authority. [1989, c. 875, Pt. M, §§4, 13 (rp).]


18. Commissioner's designee. When the commissioner is explicitly empowered by statute to appoint a designee to replace the commissioner on any board, commission or similar body, none of which have a termination date, and the commissioner appoints a designee, the commissioner shall appoint that designee from within the commissioner's department. The commissioner shall make this designee known to the appointing authority and to the chair of the body to which the appointment is made, if that body exists at the time of appointment. The designee is the only person who may fill that appointee position until a successor is designated through the same appointment procedure. [1995, c. 688, §7 (new).]


19. Coordinate assessment of transportation needs related to economic development projects. The commissioner shall coordinate the activities of the department, the State Planning Office within the Executive Department, the Department of Transportation and regional planning and economic development organizations to ensure that the location of rail lines, potential use of passenger and freight rail and costs of transportation improvements related to development are considered during initial planning and locating of projects reviewed by the commissioner in administering economic development programs under this chapter. [2003, c. 498, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13059. State agencies to cooperate

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1: GENERAL DEPARTMENT STRUCTURE AND AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Article 1: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT: GENERAL ORGANIZATION MISSION AND RESPONSIBILITIES (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new))

§13059. State agencies to cooperate

All state agencies and any other organizations designated by the department to implement community and economic development programs and policies shall cooperate with and expeditiously respond to requests of the department. [1987, c. 534, Pt. A, § § 17, 19 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13060-A. Science and technology plan (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1-A: SCIENCE AND TECHNOLOGY (HEADING: PL 2003, c. 20, Pt. RR, @2 (new); @18 (aff); c. 673, Pt. M, @5 (rp))
Article 1: PLANNING AND EVALUATION (HEADING: PL 2003, c. 20, Pt. RR, @2 (new); @18 (aff); c. 673, Pt. M, @5 (rp))

§13060-A. Science and technology plan (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13060-B. Comprehensive research and development evaluation (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1-A: SCIENCE AND TECHNOLOGY (HEADING: PL 2003, c. 20, Pt. RR, @2 (new); @18 (aff); c. 673, Pt. M, @5 (rp))
Article 1: PLANNING AND EVALUATION (HEADING: PL 2003, c. 20, Pt. RR, @2 (new); @18 (aff); c. 673, Pt. M, @5 (rp))

§13060-B. Comprehensive research and development evaluation (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13060-C. Reporting requirements of recipients of research and development funding (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1-A: SCIENCE AND TECHNOLOGY (HEADING: PL 2003, c. 20, Pt. RR, @2 (new); @18 (aff); c. 673, Pt. M, @5 (rp))
Article 1: PLANNING AND EVALUATION (HEADING: PL 2003, c. 20, Pt. RR, @2 (new); @18 (aff); c. 673, Pt. M, @5 (rp))

§13060-C. Reporting requirements of recipients of research and development funding (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13060-D. Maine Research and Development Evaluation Fund (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1-A: SCIENCE AND TECHNOLOGY (HEADING: PL 2003, c. 20, Pt. RR, @2 (new); @18 (aff); c. 673, Pt. M, @5 (rp))
Article 2: SCIENCE AND TECHNOLOGY PROGRAMS (HEADING: PL 2003, c. 20, Pt. RR, @2 (new); @18 (aff); c. 673, Pt. M, @5 (rp))

§13060-D. Maine Research and Development Evaluation Fund (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13060-E. Experimental program to stimulate competitive research (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1-A: SCIENCE AND TECHNOLOGY (HEADING: PL 2003, c. 20, Pt. RR, @2 (new); @18 (aff); c. 673, Pt. M, @5 (rp))
Article 2: SCIENCE AND TECHNOLOGY PROGRAMS (HEADING: PL 2003, c. 20, Pt. RR, @2 (new); @18 (aff); c. 673, Pt. M, @5 (rp))

§13060-E. Experimental program to stimulate competitive research (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13060-F. Maine EPSCoR Capacity Fund (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1-A: SCIENCE AND TECHNOLOGY (HEADING: PL 2003, c. 20, Pt. RR, @2 (new); @18 (aff); c. 673, Pt. M, @5 (rp))
Article 2: SCIENCE AND TECHNOLOGY PROGRAMS (HEADING: PL 2003, c. 20, Pt. RR, @2 (new); @18 (aff); c. 673, Pt. M, @5 (rp))

§13060-F. Maine EPSCoR Capacity Fund (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13060-G. Comprehensive marketing strategy (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1-B: MARKETING AND PROMOTION (HEADING: PL 2003, c. 704, @2 (new); 2005, c. 425, @5 (rp))

§13060-G. Comprehensive marketing strategy (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13060. State standards for appliance energy efficiency (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 1: GENERAL DEPARTMENT STRUCTURE AND AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Article 1: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT: GENERAL ORGANIZATION MISSION AND RESPONSIBILITIES (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new))

§13060. State standards for appliance energy efficiency (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13061. Office established

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 1: GENERAL PROVISIONS (HEADING: PL 1989, c. 502, Pt. A, @23 (new))

§13061. Office established

The commissioner shall establish the Office of Business Development. This office shall encourage the initiation, expansion and location of businesses in Maine which would expand quality employment opportunities for Maine citizens. [1987, c. 534, Pt. A, § § 17, 19 (new).] div>
The Office of Business Development shall encourage business by removing barriers to growth, facilitating exploration of opportunities and providing assistance necessary to enhance business consistent with the State's economic development strategy. [1987, c. 534, Pt. A, § § 17, 19 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13062-A. Economic Conversion Division (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 1: GENERAL PROVISIONS (HEADING: PL 1989, c. 502, Pt. A, @23 (new))

§13062-A. Economic Conversion Division (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13062. Office of Business Development

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 1: GENERAL PROVISIONS (HEADING: PL 1989, c. 502, Pt. A, @23 (new))

§13062. Office of Business Development

The Director of the Office of Business Development shall administer the office in accordance with the policies of the commissioner and the provisions of this chapter, emphasizing a program of targeted business development designed to attract particular types of businesses that have potential for Maine and businesses that are considered to be compatible with Maine's environment and interests. The office shall actively seek and encourage firms to expand or locate in Maine. The office is responsible for the implementation of programs designed to promote Maine products in national and international markets and to develop markets for industry located in Maine. [2003, c. 673, Pt. M, §6 (amd).] div>
The Office of Business Development shall be responsible for the implementation of a program consisting of 3 primary elements. [1987, c. 534, Pt. A, §§17, 19 (new).]

1. Business investment. Business investment shall be encouraged consistent with this subsection.



A. The office shall conduct an analysis of the various industrial sectors of the economy. The types of businesses to be targeted for attraction are those that have potential for development in Maine and that will contribute to a healthy climate for Maine's businesses, families and environment. [1999, c. 272, §1 (amd).]




B. The office shall report its findings and recommendations to the commissioner. The commissioner, with the advice of the director shall determine the type and extent of the business investment program to be implemented. [1987, c. 534, Pt. A, §§17, 19 (new).]




C. The director, with the approval of the commissioner, may make grants for market development from appropriations for that purpose to any municipality or group of municipalities which have received a grant of authority from the Federal Government to establish a foreign trade zone. [1987, c. 534, Pt. A, §§17, 19 (new).]




D. Application for foreign trade zones shall be according to this paragraph.

(1) The director, with the approval of the commissioner, on behalf of the State, may make applications to the Foreign Trade Zone Board and establish foreign trade zones that are to be located on state-owned, leased or otherwise controlled property. A municipality, group of municipalities or a public or private corporation may, with the approval of the department, make applications to the Foreign Trade Zone Board and establish foreign trade zones at other locations. Foreign trade zones shall be established in or adjacent to any ports of entry in the State, where personal property in transit shall be exempt from the stock-in-trade tax and such other taxes and customs as are normally levied in a port of entry.


(2) Any development or activity with a foreign trade zone established in the State is subject to the laws which the Department of Environmental Protection, Department of Conservation, Department of Marine Resources and Department of Inland Fisheries and Wildlife are responsible for administering, as well as any other law which protects the environment.


(3) For the purpose of this subsection, "personal property in transit" through the areas established under this paragraph means goods, wares and merchandise either moving in interstate or international commerce through these zones or consigned to a warehouse, public or private, within these zones, whether specified when transportation begins or afterward. This property shall not be deprived of exemption because, while in the warehouse, the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged. The exemption granted shall be liberally construed to effect the purposes of this subsection. The warehouse in which these goods, wares or merchandise are stored shall not be owned, in whole or in part, by either the consignee or consignor. This paragraph does not apply to agricultural products.
[1989, c. 781 (amd).]

[1999, c. 272, §1 (amd).]


2. Business assistance. Business assistance services shall be provided consistent with this subsection.



A. The office shall provide business assistance services that are convenient to businesses throughout the State. The office shall use certified local and regional economic development organizations, educational institutions or certified private sector firms to implement this subsection.

(1) Business assistance services shall include managerial and technical assistance and assistance with applications for loans and the completion of applications for licenses and permits from regulatory agencies.


(2) The office, in conjunction with local and regional organizations and other institutions and firms in the private sector with marketing expertise, may conduct seminars on marketing and marketing-related topics for Maine businesses.
[1987, c. 534, Pt. A, §§17, 19 (new).]




B. In accordance with section 13063, the office shall implement a program to assist businesses by referring businesses and persons to the proper agencies designed to provide the business services or assistance requested, and to serve as a central clearing house of information with respect to business assistance programs and services available in the State. [1987, c. 534, Pt. A, §§17, 19 (new).]

[1987, c. 534, Pt. A, §§17, 19 (new).]


3. Industry-wide assistance and market development. The director shall be responsible for a program of industry-wide assistance and market development.



A. The director shall work with other state agencies which implement marketing programs and strive to coordinate the marketing activities of the department with those of other agencies whenever possible. [1987, c. 534, Pt. A, §§17, 19 (new).]




B. The director shall be responsible, to the maximum extent possible, for providing assistance to industry sectors and business to identify market opportunities, develop market strategies and to promote industry-wide development. [1987, c. 534, Pt. A, §§17, 19 (new).]

[1987, c. 534, Pt. A, §§17, 19 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13063-A. Maine Education and Training Export Partnership (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 2: BUSINESS ASSISTANCE REFERRAL AND FACILITATION PROGRAM: PROGRAM RESPONSIBILITIES AND DELIVERY (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new); c. 502, Pt. A, @24 (rpr); 1989, c. 878, Pt. A, @20 (rpr))

§13063-A. Maine Education and Training Export Partnership (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13063-B. Energy conservation programs (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 2: BUSINESS ASSISTANCE REFERRAL AND FACILITATION PROGRAM: PROGRAM RESPONSIBILITIES AND DELIVERY (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new); c. 502, Pt. A, @24 (rpr); 1989, c. 878, Pt. A, @20 (rpr))

§13063-B. Energy conservation programs (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13063-C. Job Retention Program

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 2: BUSINESS ASSISTANCE REFERRAL AND FACILITATION PROGRAM: PROGRAM RESPONSIBILITIES AND DELIVERY (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new); c. 502, Pt. A, @24 (rpr); 1989, c. 878, Pt. A, @20 (rpr))

§13063-C. Job Retention Program

1. Establishment. The Job Retention Program is established within the Department of Economic and Community Development to encourage the retention of existing quality jobs in this State. Funds available in this program do not lapse but must be carried forward, except as provided in subsection 4, in order to carry out the purposes of this section. [1995, c. 706, §2 (new).]


2. Definitions. As used in this section the following terms have the following meanings.



A. "Certified retained business" means any for-profit business in this State other than a public utility as defined by Title 35-A, section 102 that retains 100 or more qualified employees in this State and that meets all of the following criteria to the satisfaction of the commissioner:

(1) The business is not engaged in retail operations; or, if it is engaged in retail operations, less than 50% of its total annual revenues from state-based operations are derived from sales taxable in this State or the business can demonstrate to the commissioner by a preponderance of the evidence that any increased sales will not include sales tax revenues derived from a transferring or shifting of retail sales from other businesses in this State; and


(2) The commissioner determines that the business is a successor to a business that would have ceased operations in this State but for the acquisition of that business after September 1, 1996 by the applicant by any means and the applicant demonstrates to the commissioner its intention to continue to operate and employ qualified employees in the State.

For purposes of this paragraph, "retail operations" means sales of consumer goods for household use to consumers who personally visit the business location to purchase the goods. [1997, c. 393, Pt. A, §13 (rpr).]




B. "Qualified employees" means full-time employees who are employed by a certified retained business, 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, calculated on a calendar year basis, is greater than the average annual per capita income in the labor market area in which the qualified employee is employed. Qualified employees must be residents of this State. [1997, c. 393, Pt. A, §13 (rpr).]

[1997, c. 393, Pt. A, §13 (rpr).]


3. Expenditures from the program. The commissioner shall authorize payment from the program in an amount not to exceed $150,000 annually. In determining the amount of payment to any certified retained business, the commissioner may use the calculation methodology established in Title 36, section 6754, subsection 1. A certified retained business may receive payments for a period not to exceed 10 years, only if the business continues to meet the criteria established in subsection 2. Payments must be made no later than July 31st of each fiscal year beginning in fiscal year 1997-98 and ending in fiscal year 2006-07. Payments received by a certified retained business pursuant to this section must be used for capital investments, including, but not limited to, the acquisition, refurbishments, upgrading, modification and leasing of buildings, machinery and equipment. [1995, c. 706, §2 (new).]


4. Transfer from program. Funds must be transferred from the program as follows:



A. Upon the revocation of a certificate of approval, any balance remaining in the program and allocated to the business whose certificate has been revoked must be transferred to the department's "Administration - Economic and Community Development" program as nonlapsing funds to be used in accordance with section 13063-D; and [2001, c. 680, §1 (new).]




B. Notwithstanding section 1585, any balance remaining in the program after July 31, 2007 must be transferred to the Maine Budget Stabilization Fund as established in section 1532. [2005, c. 2, Pt. A, §9 (amd); §14 (aff).]

The commissioner may consider the layoff or termination of all, or substantially all, of the employees of a certified retained business as demonstration that it has ceased operations. [2005, c. 2, Pt. A, §9 (amd); §14 (aff).]


5. Investment of funds. The money in the program may be invested as provided by law with the earnings credited to the program. [1995, c. 706, §2 (new).]


6. Criteria for approval. Prior to issuing a certificate of approval to a business, the commissioner must find that the applicant qualifies as a certified retained business. Notwithstanding the provisions of this section, the commissioner may not accept or certify an application for a certified retained business that is submitted by the applicant after February 28, 1997. [1995, c. 706, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13063-D. Grants to municipalities to retain mature or dominant employers

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 2: BUSINESS ASSISTANCE REFERRAL AND FACILITATION PROGRAM: PROGRAM RESPONSIBILITIES AND DELIVERY (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new); c. 502, Pt. A, @24 (rpr); 1989, c. 878, Pt. A, @20 (rpr))

§13063-D. Grants to municipalities to retain mature or dominant employers

The commissioner shall authorize grants to municipalities for the purpose of assisting those municipalities to retain mature or dominant employers, as defined in rules adopted by the commissioner, especially manufacturing firms presently located in the State. In awarding grants under this section, the commissioner shall consider the economic health of the region in which the municipality is located, the economic and social impacts that would be or have been created by the loss of the mature or dominant employer and the likelihood of returning that employer to a financially viable condition. In awarding any grant under this section, the commissioner shall take appropriate measures to ensure accountability and a positive return on the public's investment. To the extent that grant funds have been transferred from the Job Retention Program in accordance with section 13063-C, subsection 4, the commissioner shall give priority to projects that are reasonably expected to return a former certified retained business, as defined in section 13063-C, to financial viability or its facilities to appropriate productive use. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter II-A. [2001, c. 680, §2 (rpr).] p align="center">05 §13063-D p align="center">Definitions p align="center">(REPEALED by 2001, c. 680, §2)
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13063-E. Maine Microenterprise Initiative Fund (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 2-A: MAINE MICROENTERPRISE INITIATIVE (HEADING: PL 1999, c. 731, Pt. VVV, @1 (new); 2001, c. 471, Pt. A, @6 (rp))

§13063-E. Maine Microenterprise Initiative Fund (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13063-F. Application process (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 2-A: MAINE MICROENTERPRISE INITIATIVE (HEADING: PL 1999, c. 731, Pt. VVV, @1 (new); 2001, c. 471, Pt. A, @6 (rp))

§13063-F. Application process (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13063-G. Rules (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 2-A: MAINE MICROENTERPRISE INITIATIVE (HEADING: PL 1999, c. 731, Pt. VVV, @1 (new); 2001, c. 471, Pt. A, @6 (rp))

§13063-G. Rules (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13063-H. Report (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 2-A: MAINE MICROENTERPRISE INITIATIVE (HEADING: PL 1999, c. 731, Pt. VVV, @1 (new); 2001, c. 471, Pt. A, @6 (rp))

§13063-H. Report (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13063-J. Definitions

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 2-B: MAINE MICROENTERPRISE INITIATIVE (HEADING: PL 2001, c. 471, Pt. A, @7 (new))

§13063-J. Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [2001, c. 471, Pt. A, §7 (new).]

1. Community-based organization. "Community-based organization" means a nonprofit organization that has:



A. A viable plan for providing training and technical assistance to microenterprises; [2001, c. 471, Pt. A, §7 (new).]




B. Broad-based community support; [2001, c. 471, Pt. A, §7 (new).]




C. An adequate source of operating capital; and [2001, c. 471, Pt. A, §7 (new).]




D. A demonstrated need for funding to provide training and technical assistance to microenterprises. [2001, c. 471, Pt. A, §7 (new).]

[2001, c. 471, Pt. A, §7 (new).]


2. Fund. "Fund" means the Maine Microenterprise Initiative Fund established in section 13063-K. [2001, c. 471, Pt. A, §7 (new).]


3. Microenterprise. "Microenterprise" means a business located in the State that produces goods or provides services and has fewer than 10 full-time equivalent employees. [2001, c. 471, Pt. A, §7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13063-K. Maine Microenterprise Initiative Fund

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 2-B: MAINE MICROENTERPRISE INITIATIVE (HEADING: PL 2001, c. 471, Pt. A, @7 (new))

§13063-K. Maine Microenterprise Initiative Fund

1. Fund established. The Maine Microenterprise Initiative Fund is established as a nonlapsing fund administered by the department. The fund consists of money appropriated to it by the Legislature from the General Fund and eligible investment earnings from fund assets. The fund must be held separate from all other money, funds and accounts, and all eligible investment earnings from fund assets must be credited to the fund. [2001, c. 471, Pt. A, §7 (new).]


2. Fund purposes. The department shall administer the fund to provide grants to community-based organizations to aid them in providing technical assistance and training to microenterprises. [2001, c. 471, Pt. A, §7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13063-L. Application process

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 2-B: MAINE MICROENTERPRISE INITIATIVE (HEADING: PL 2001, c. 471, Pt. A, @7 (new))

§13063-L. Application process

1. Process established. The department shall adopt rules establishing an application process for fund grants for the purposes set forth in section 13063-K, subsection 2. In establishing the application process, the department shall consult with business experts involved with microenterprises in the State. [2001, c. 471, Pt. A, §7 (new).]


2. Process requirements. The application process must be competitive. An applicant shall specify whether a grant is sought for microenterprise technical assistance or training or a combination thereof. In making grants, the department shall give priority to applications that:



A. Are joint applications by 2 or more community-based organizations or otherwise provide for cooperation among community-based organizations; [2001, c. 471, Pt. A, §7 (new).]




B. Target aid to low-income individuals; or [2001, c. 471, Pt. A, §7 (new).]




C. Target aid to areas of high unemployment or to underserved areas of the State. [2001, c. 471, Pt. A, §7 (new).]

The department may establish additional criteria for assessing applications for fund grants. [2001, c. 471, Pt. A, §7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13063-M. Rules

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 2: BUSINESS DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 502, Pt. A, @23 (rpr))
Article 2-B: MAINE MICROENTERPRISE INITIATIVE (HEADING: PL 2001, c. 471, Pt. A, @7 (new))

§13063-M. Rules

The department shall adopt rules necessary to carry out this article. Rules adopted pursuant to this article are routine technical rules as defined in chapter 375, subchapter II-A. [2001, c. 471, Pt. A, §7 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13080-R. Calculation of employment tax increment

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 1-C: LORING JOB INCREMENT FINANCING FUND (HEADING: PL 1995, c. 644, @2 (new))

§13080-R. Calculation of employment tax increment

The assessor shall calculate the employment tax increment as follows. [1995, c. 644, §2 (new).]

1. Adjustment for shifted revenues. The assessor shall subtract from the gross employment tax increment any revenues attributed to employment shifted from affiliated businesses to a business located within the base area. This adjustment is calculated by comparing the current year's income withholding tax revenues for businesses that are members of an affiliated group with revenues for the group as a whole. If the growth in income withholding tax revenue for any group exceeds the growth of income withholding tax revenue generated by the group's member business within the base area, the portion of the gross employment tax increment attributable to that business does not have to be adjusted to remove employment shifted from affiliated businesses. If the growth in income withholding tax revenue for any group is less than the growth in income withholding tax revenue for that group's member business within the base area, the difference is presumed to have been shifted from affiliated businesses to the base area and the portion of the gross employment tax increment attributable to that business is reduced by the difference. [1995, c. 644, §2 (new).]


2. Adjustment based on percentage change in withholding taxes for all business in State. The assessor shall adjust the calculation of the employment tax increment by subtracting from the gross employment tax increment a figure obtained by multiplying the previous year's total amount of income taxes withheld within the base area by the percentage change in withholding taxes for all business within the State as a whole. [1995, c. 644, §2 (new).]


3. Adjustment for successor business. The assessor shall further adjust the calculation of the employment tax increment, for any business that is a successor business, by subtracting from the gross employment tax increment any income tax withholding revenues attributable to a business acquired by the successor business after July 1, 1994. [1995, c. 644, §2 (new).] 05 §13080-R Maine Tourism Commission (As enacted by PL 1995, c. 560, Pt. B, §11 is REALLOCATED TO TITLE 5, SECTION 13090-F)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13080-S. Information to be provided to the assessor; approval of payment

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 1-C: LORING JOB INCREMENT FINANCING FUND (HEADING: PL 1995, c. 644, @2 (new))

§13080-S. Information to be provided to the assessor; approval of payment

1. Certification by authority. The authority shall certify annually to the assessor by September 30th of each year, beginning in 1997, the following information:



A. Employment, payroll and state withholding data necessary to calculate the base level of employment; [1995, c. 644, §2 (new).]




B. The total number of employees added during the previous year within the base area above the base level of employment, including additional associated payroll and withholding data necessary to calculate the gross employment tax increment and establish the appropriate payment to the fund; [1995, c. 644, §2 (new).]




C. A listing of all employers within the base area that pay withholding taxes, the locations of those employers and the number of employees at each location; and [1995, c. 644, §2 (new).]




D. A listing of all affiliated businesses and affiliated groups, data regarding current employment, payroll and state income withholding taxes for each affiliated business within the base area. [1995, c. 644, §2 (new).]

[1995, c. 644, §2 (new).]


2. Approval of payment. Upon receipt of the information required by this section, the assessor shall review the information in a timely fashion. If the assessor determines that the requirements of this article are satisfied, the assessor shall approve payment to the fund. [1995, c. 644, §2 (new).]


3. Deposit and payment of revenue. On or before June 30th of each year, if the approval of the assessor has been issued pursuant to subsection 2, the Commissioner of Administrative and Financial Services shall deposit an amount equal to 50% of the employment tax increment for the preceding year into a contingent account established, maintained and administered by the Commissioner of Administrative and Financial Services. On or before July 31st of each year, the Commissioner of Administrative and Financial Services shall pay that amount to the fund. [1995, c. 644, §2 (new).] 05 §13080-S Travel Promotion Matching Fund Program (As enacted by PL 1995, c. 560, Pt. B, §11 is REALLOCATED TO TITLE 5, SECTION 13090-G)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13080-T. Program administration

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 1-C: LORING JOB INCREMENT FINANCING FUND (HEADING: PL 1995, c. 644, @2 (new))

§13080-T. Program administration

The assessor shall administer the Loring Job Increment Financing Program. The assessor may adopt rules pursuant to the Maine Administrative Procedure Act for implementation of the program. The assessor may also by rule establish reasonable fees, including fees payable to the assessor for obligations under this article. Any fees collected pursuant to this article must be deposited into a special revenue account administered by the assessor and these fees may be used only to defray the actual costs of administering the Loring Job Increment Financing Program. [1995, c. 644, §2 (new).] p align="center">05 §13080-T p align="center">Maine State Film Commission p align="center">(As enacted by PL 1995, c. 560, Pt. B, §11 is REALLOCATED TO TITLE 5, SECTION 13090-H)
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13080-U. Maine State Film Office

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 1-C: LORING JOB INCREMENT FINANCING FUND (HEADING: PL 1995, c. 644, @2 (new))

§13080-U. Maine State Film Office
p align="center">REALLOCATED TO TITLE 5, SECTION 13090-I
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13080. Loring Development Authority of Maine established

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 1-B: LORING DEVELOPMENT AUTHORITY OF MAINE (HEADING: PL 1993, c. 474, @1 (new))

§13080. Loring Development Authority of Maine established

The Loring Development Authority of Maine is established as a body corporate and politic and a public instrumentality of the State to carry out the provisions of this article and shall take title, acquire and manage the properties within the geographical boundaries of Loring Air Force Base in the name of the State. [1993, c. 729, §2 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13081. Definitions (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 2: COMMUNITY INDUSTRIAL BUILDING AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new); 1989, c. 502, Pt. C, @1 (rpr); 2001, c. 703, @5 (rp))

§13081. Definitions (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13082. Community Industrial Buildings Fund (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 2: COMMUNITY INDUSTRIAL BUILDING AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new); 1989, c. 502, Pt. C, @1 (rpr); 2001, c. 703, @5 (rp))

§13082. Community Industrial Buildings Fund (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13083-A. Washington County Development Authority established

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 2-A: WASHINGTON COUNTY DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 568, @1 (new))

§13083-A. Washington County Development Authority established

The Washington County Development Authority is established as a body corporate and politic and a public instrumentality of the State to carry out the provisions of this article. The authority is authorized to take title, acquire and manage in the name of the State and by agreement with the Federal Government the property located within the geographical boundaries of any decommissioned federal military facility located within Washington County. The authority is also authorized to purchase, develop, redevelop, sell and lease commercial, residential and public property for the purpose of developing the economy of Washington County. This authorization allows the authority to provide financial and technical assistance to any governmental entity and nonprofit located within Washington County in support of community and economic development projects. [2005, c. 367, §1 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13083-B. Definitions

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 2-A: WASHINGTON COUNTY DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 568, @1 (new))

§13083-B. Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [2001, c. 568, §1 (new).]

1. Authority. "Authority" means the Washington County Development Authority. [2001, c. 568, §1 (new).]


2. Base area. "Base area" means the area within the geographical boundaries of any decommissioned federal military facility located within Washington County to which the authority has taken title. [2001, c. 568, §1 (new).]


3. Primary impact community. "Primary impact community" means all municipalities in Washington County, including the unorganized territories. [2005, c. 367, §2 (amd).]


4. Readjustment or reuse. "Readjustment" or "reuse" means an alternative use of the base area from its use as a military installation. [2001, c. 568, §1 (new).]


5. Real or personal property. "Real or personal property" means any property or assets transferred by the Federal Government or the United States Department of Defense pursuant to the closure of a federal military installation located in Washington County. "Real or personal property" also means any property or assets purchased, sold, developed, redeveloped or leased by the authority pursuant to its authority under this article. [2005, c. 367, §2 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13083-C. Washington County Development Authority; powers; membership; obligations

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 2-A: WASHINGTON COUNTY DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 568, @1 (new))

§13083-C. Washington County Development Authority; powers; membership; obligations

1. Powers. The authority is a public municipal corporation and may:



A. Sue and be sued; [2001, c. 568, §1 (new).]




B. Adopt bylaws or regulations consistent with this article for the governance of its affairs; [2001, c. 568, §1 (new).]




C. Exercise all of the general powers of corporations under Title 13-C, section 302; [2003, c. 688, Pt. A, §2 (amd).]




D. Accept from the Federal Government and dispose of by lease, sale or transfer the real or personal property located within the geographical boundaries of a decommissioned federal military facility located within Washington County; [2001, c. 568, §1 (new).]




E. Apply for and accept grants from private and public entities to provide necessary funding for the activities of the authority and to carry out the purposes of this article; [2001, c. 568, §1 (new).]




F. Contract with the Federal Government or its instrumentalities or agencies; this State or its agencies, instrumentalities or municipalities; public bodies; and private corporations, partnerships, associations and individuals to carry out the purposes of this article; [2001, c. 568, §1 (new).]




F-1. Borrow money and apply for and accept advances, loans, grants, contributions and other forms of financial assistance from the Federal Government, the State, a municipality or other public body or from other sources, public or private, for the purposes provided in this article, give any security that is required and enter into and carry out contracts in connection with that financial assistance; [2005, c. 367, §3 (new).]




F-2. Charge and collect fees, charges and rents for the use of the properties and other services and use the proceeds of those fees, charges and rents for the purposes provided in this article; [2005, c. 367, §3 (new).]




F-3. Employ an executive director and other staff as considered necessary by the board of trustees; [2005, c. 367, §3 (new).]




G. Adopt rules pursuant to the Maine Administrative Procedure Act. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II-A; and [2001, c. 568, §1 (new).]




H. Take all other lawful action necessary and incidental to the powers under this subsection. [2001, c. 568, §1 (new).]

[2005, c. 367, §3 (amd).]


2. Membership; appointment. The authority is governed by a board of trustees composed of 13 voting members appointed or designated by the Governor.



A. The Governor shall make 12 appointments to the board of trustees, 9 of whom must be selected from candidates who are residents of Washington County and are nominated by private, nonprofit, countywide, federally recognized Washington County-based economic development organizations other than the authority. Primary impact communities also may make nominations. The Governor shall appoint members who reflect the diversity of interests represented by these communities. The Governor shall ensure that all regions of the county, as defined by the 3 county commissioner districts, are equally represented on the board of trustees. A municipality may not have more than 2 trustees sitting on the board of trustees. [2005, c. 367, §4 (amd).]




B. The Governor shall designate a commissioner of a department of State Government to be a voting, ex officio member of the board of trustees. The ex officio member designated pursuant to this paragraph may name a designee. [2005, c. 367, §4 (amd).]

The members appointed pursuant to paragraph A are subject to review by the joint standing committee of the Legislature having jurisdiction over business and economic development matters and to confirmation by the Senate. [2005, c. 367, §4 (amd).]


3. Terms. Trustees are appointed for 4-year terms. The commissioner designated pursuant to subsection 2, paragraph B, or that commissioner's designee, serves at the pleasure of the Governor. Trustees may be removed by the Governor. The board of trustees by majority vote may recommend trustee removal due to poor attendance at board meetings. A trustee continues to hold office until a successor is appointed and qualified, but the term of the successor is not altered from the original expiration date of that term. A person may not serve more than 2 consecutive 4-year terms as a trustee. [2005, c. 367, §5 (amd).]


4. Quorum. A majority of appointed and sworn trustees constitutes a quorum. A majority vote of those present and voting is required for the board of trustees to take action. [2005, c. 367, §5 (amd).]


5. Liability. The liability of the authority is governed by the Maine Tort Claims Act, Title 14, chapter 741. Trustees are not subject to any personal liability for having acted in the service of their duty as board members of the authority. [2001, c. 568, §1 (new).]


6. Expenses. A trustee is not entitled to receive compensation for services to the authority but is entitled to receive reimbursement for necessary expenditures, including travel expenses, incurred in carrying out those services if the authority has available funds to reimburse such expenses. [2001, c. 568, §1 (new).]


7. Officers; temporary agents. The trustees shall elect a chair and vice-chair from among the trustees. The authority may employ an executive director, technical experts and other agents and employees, permanent and temporary, that it requires and may determine their qualifications, duties and compensation. For required legal services, the authority may retain its own legal counsel. [2005, c. 367, §5 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13083-D. Property of authority

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 2-A: WASHINGTON COUNTY DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 568, @1 (new))

§13083-D. Property of authority

The authority may lease, sell or transfer property or interests in property owned by the authority. A person may not hold any pecuniary interest in property owned by the authority while that person is a member of the board of trustees. [2005, c. 367, §6 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13083-E. Termination of authority

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 2-A: WASHINGTON COUNTY DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 568, @1 (new))

§13083-E. Termination of authority

The authority is not dissolved until it is terminated by the Legislature. [2001, c. 568, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13083-F. Annual report

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 2-A: WASHINGTON COUNTY DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 568, @1 (new))

§13083-F. Annual report

1. Annual report. The authority shall submit to the Governor, the Executive Director of the Legislative Council and the joint standing committee of the Legislature having jurisdiction over business and economic development matters, not later than 120 days after the close of the authority's fiscal year, a complete report on the activities of the authority. The report may also be provided to any other member of the Legislature and to any other person. The report must include for the previous year:



A. A description of the authority's operations and activities; [2001, c. 568, §1 (new).]




B. An accounting of the authority's receipts and expenditures and assets and liabilities at the end of its fiscal year; [2001, c. 568, §1 (new).]




C. A listing of all property transactions pursuant to section 13083-D; [2001, c. 568, §1 (new).]




D. A statement of the authority's proposed and projected activities for the ensuing year; and [2001, c. 568, §1 (new).]




E. Recommendations regarding further actions that may be suitable for achieving the purposes of this article. [2001, c. 568, §1 (new).]

[2001, c. 568, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13083. Assistance to development corporations (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 2: COMMUNITY INDUSTRIAL BUILDING AUTHORITY (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new); 1989, c. 502, Pt. C, @1 (rpr); 2001, c. 703, @5 (rp))

§13083. Assistance to development corporations (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13084. Energy conservation programs (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 3: ENERGY CONSERVATION DIVISION (HEADING: PL 1989, c. 875, Pt. M, @7 (new))

§13084. Energy conservation programs (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13085. State standards for appliance energy efficiency (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 3: ENERGY CONSERVATION DIVISION (HEADING: PL 1989, c. 875, Pt. M, @7 (new))

§13085. State standards for appliance energy efficiency (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13086. Maine Affordable Housing Alliance established (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 4: AFFORDABLE HOUSING (HEADING: PL 1989, c. 875, Pt. M, @7 (new); 1991, c. 610, @1 (rp))

§13086. Maine Affordable Housing Alliance established (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13087. Coordination (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 4: AFFORDABLE HOUSING (HEADING: PL 1989, c. 875, Pt. M, @7 (new); 1991, c. 610, @1 (rp))

§13087. Coordination (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13088. Advisory committee established (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 4: AFFORDABLE HOUSING (HEADING: PL 1989, c. 875, Pt. M, @7 (new); 1991, c. 610, @1 (rp))

§13088. Advisory committee established (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13090-A. Economic Opportunity Fund

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 5-A: ECONOMIC OPPORTUNITY (HEADING: PL 1991, c. 780, Pt. N, @1 (new))

§13090-A. Economic Opportunity Fund

1. Creation. The Economic Opportunity Fund, referred to in this section as the "fund," is created under the jurisdiction and control of the department. [1991, c. 780, Pt. N, §1 (new).]


2. Sources of money. The fund consists of the following:



A. All money appropriated or allocated for inclusion in the fund, from whatever source; [1991, c. 780, Pt. N, §1 (new).]




B. Subject to any pledge, contract or other obligation, all interest, dividends or other pecuniary gains from investment of money from the fund; [1991, c. 780, Pt. N, §1 (new).]




C. Subject to any pledge, contract, fee or other obligation, any money that the department receives in repayment of advances from the fund; and [1991, c. 780, Pt. N, §1 (new).]




D. Any other money available to the department and directed by the department to be paid into the fund. [1991, c. 780, Pt. N, §1 (new).]

[1991, c. 780, Pt. N, §1 (new).]


3. Application of fund. Money in the fund may be applied to carry out any power of the department under or in connection with section 13090-B or to pay obligations incurred in connection with the fund. Money in the fund not needed to meet the obligations of the department as provided in this section may accrue interest and be invested in a manner permitted by law. [1991, c. 780, Pt. N, §1 (new).]


4. Allocations from fund. The department may request allocations from the fund as it determines necessary or convenient to carry out this article, including, but not limited to, allocations for grants or loans. [1991, c. 780, Pt. N, §1 (new).]


5. Revolving fund. The fund is a nonlapsing, revolving fund. The department shall apply continuously all money in the fund to carry out this article. [1991, c. 780, Pt. N, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13090-B. Economic Opportunity Program

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 5-A: ECONOMIC OPPORTUNITY (HEADING: PL 1991, c. 780, Pt. N, @1 (new))

§13090-B. Economic Opportunity Program

The Economic Opportunity Program, referred in this section as the "program," is established to provide grants to municipalities for public and private investments to stimulate economic growth. [1991, c. 780, Pt. N, §1 (new).]

1. Eligibility for loans. Municipalities may apply to the department for grants under the program. Municipalities shall loan money from those grants to business entities based on the following eligibility criteria.



A. The projects to be financed must:

(1) Pertain to manufacturing, industrial, real estate development, child care, recreational or natural resource enterprises;


(2) Be located or establishing a presence in the State; and


(3) Provide significant public benefit in relation to the amount of the loan, as determined by the department. Public benefits include, but are not limited to: increased opportunities for employment; increased capital flows, particularly of capital from outside the State; increased state and municipal tax revenues; rehabilitation of blighted or underutilized areas; and provision of necessary services.

Loan proceeds may be used for any appropriate commercial purpose, as determined by the department, including working capital. [1999, c. 272, §2 (amd).]




B. The department must determine that the borrower is a for-profit or nonprofit commercial entity and that it is creditworthy and reasonably likely to repay the loan. [1991, c. 780, Pt. N, §1 (new).]




C. The department must determine that the loan is necessary to implement the project because the borrower either has insufficient access to other funds or demonstrates, and the department determines, that the project would not provide the projected public benefits without the availability of the loan. [1991, c. 780, Pt. N, §1 (new).]




D. The department must determine that the project would not result in a substantial detriment to existing business in the State. In making this determination, the department shall consider factors it considers necessary to measure and evaluate the effect of the project on existing business, including:

(1) Whether a loan for a project should be approved if, as a result of the project, there would not be sufficient demand within the market area of the State served by the project to employ the efficient capacity of existing business; and


(2) Whether any adverse economic effect of the project on existing business or other municipalities is outweighed by the contribution that the project would make to the economic growth and vitality of the State.

The applicant for the loan has the burden of demonstrating a reasonable likelihood that the project would not result in a substantial detriment to existing business or other municipalities, except in cases in which no interested parties object to the project, in which event the requirements of this paragraph are satisfied. Interested parties must be given an opportunity, with or without a hearing at the discretion of the department, to present their objections to the project on grounds that the project would result in a substantial detriment to existing business or other municipalities. If such a party presents these objections with reasonable specificity and persuasiveness, the department may divulge whatever information concerning the project it considers necessary for a fair presentation by the objecting party and evaluation of such objections. If the department finds that the applicant has failed to meet its burden of proof as specified in this paragraph, the application must be denied. [1991, c. 780, Pt. N, §1 (new).]

[1999, c. 272, §2 (amd).]


2. Loan terms and conditions. The department may establish prudent terms and conditions for loans, including limiting the amount of loans for any one project and requiring adequate collateral for the loans. Loan terms may not exceed 20 years for loans primarily secured by real estate, 10 years for loans secured primarily for machinery and equipment and 7 years for other loans. The interest rate charged on each loan must be determined on a case-by-case basis. [1991, c. 780, Pt. N, §1 (new).]


3. Rulemaking. The department shall establish rules to implement the program. [1991, c. 780, Pt. N, §1 (new).]


4. Local and regional organizations. [T. 5, §13090-B, sub-§4 (rp).]


5. Nonprofit organizations. [T. 5, §13090-B, sub-§5 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13090-C. Tourism (REALLOCATED FROM TITLE 5, SECTION 13080-O)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 5-B: TOURISM (HEADING: PL 1995, c. 560, Pt. B, @11 (new); RR 1995, c. 2, @11 (ral))

§13090-C. Tourism (REALLOCATED FROM TITLE 5, SECTION 13080-O)

1. Tourism; establishment. The Office of Tourism shall administer a program to support and expand the tourism industry and promote the State as a tourist destination. The Director of the Office of Tourism shall administer the office in accordance with the policies of the commissioner and the provisions of this article. The office includes the Maine Tourism Commission and the Maine State Film Commission. [2003, c. 198, §6 (amd).]


2. Duties. The Director of the Office of Tourism shall:



A. Implement advertising and promotion programs to market the State's travel industry and to attract on-location filming of movies, advertisements and videos in the State; [RR 1995, c. 2, §11 (ral).]




B. Print, or cause to have printed, alone or in cooperation with other travel promotion agencies and groups, booklets, brochures, pamphlets and other materials as required to fulfill requests for information on the State's travel products and the State's facilities, sites and services for the filming of movies and videos in the State; [RR 1995, c. 2, §11 (ral).]




C. Encourage the development of travel product facilities and activities by locating potential developers, providing market and feasibility analysis, assisting developers in complying with applicable laws and rules and providing technical assistance to local decision making, including decisions regarding site selection, financing and utilities; [RR 1995, c. 2, §11 (ral).]




D. Review and comment upon the policies and programs of state agencies that directly affect the achievement of the duties and responsibilities of the office; [RR 1995, c. 2, §11 (ral).]




E. Provide basic support and discretionary matching grants to local, regional and statewide nonprofit agencies that directly affect the achievement of the duties and responsibilities of the office; [RR 1995, c. 2, §11 (ral).]




F. Staff or cause to be staffed any information center constructed, owned, leased, acquired or operated by the State; [RR 1995, c. 2, §11 (ral).]




G. Employ or engage outside technical or professional consultants or organizations as are necessary or appropriate to assist the office in carrying out its functions; [RR 1995, c. 2, §11 (ral).]




H. Accept fees as the director may designate for the preparation and distribution of books, booklets, brochures, pamphlets, films, photos, maps, exhibits, mailing lists and all similar materials and media advertising. There is established within the office a revolving fund for the use of the office to help offset the preparation and distribution costs of these materials. The office shall retain, without charge, an appropriate number of each publication for complimentary distribution. Income from the sale of publications and other materials charged to the revolving fund is credited to the revolving fund to be used as a continuing carrying account to carry out the purposes of the revolving fund; [RR 1995, c. 2, §11 (ral).]




I. Subject to the approval of the commissioner, adopt, amend and repeal rules to carry out the purposes of this section; and [RR 1995, c. 2, §11 (ral).]




J. Undertake other activities that the commissioner considers appropriate and necessary to ensure the successful implementation of this section. [RR 1995, c. 2, §11 (ral).]

[2003, c. 198, §7 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13090-D. Historical marker program (REALLOCATED FROM TITLE 5, SECTION 13080-P)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 5-B: TOURISM (HEADING: PL 1995, c. 560, Pt. B, @11 (new); RR 1995, c. 2, @11 (ral))

§13090-D. Historical marker program (REALLOCATED FROM TITLE 5, SECTION 13080-P)

1. Historical markers. The Director of the Office of Tourism may erect historical markers or signs on any highway. No more than 10 historical markers may be erected in one year. Markers that would interfere with reasonable use of highways may not be erected. [2003, c. 198, §8 (amd).]


2. Review council. The Director of the Office of Tourism shall consult with the Maine Historic Preservation Commission and the Department of Transportation on the historical marker program. Before erecting any marker, the director shall secure the Maine Historic Preservation Commission's approval of the marker, the marker's location and the marker's wording. The Maine Historic Preservation Commission shall obtain, or cause to be obtained, as needed, information on the event to be commemorated and on the appropriate location for the marker, including consulting historians and holding public hearings. [2003, c. 198, §8 (amd).]


3. Municipal permission. Municipal officers may permit the erection of monuments, tablets and markers by individuals or societies on public highways or other public grounds, in places and of a character as may be approved by the municipal officers, to indicate the occurrence of historic events and matters of public interest, as long as the markers do not interfere with reasonable use of the highways or other public places. [RR 1995, c. 2, §11 (ral).]


4. Cooperative agreements. The Maine Historic Preservation Commission may enter into cooperative agreements with any municipality or historical society to erect a historical marker on any highway. The agreement must provide for reasonable sharing of the initial expense and for the municipality or society to maintain and care for the marker. [RR 1995, c. 2, §11 (ral).]


5. Damages. If a person's property is damaged by the erection of a monument, tablet or marker, that person may apply to the municipal officers within 6 months after the erection to assess and recover damages. [RR 1995, c. 2, §11 (ral).]


6. Change of location. A person whose rights or interests are affected by the location of a monument, tablet or marker may, within 60 days after the approval of the municipal officers, petition the municipal officers for a change of location and, after notice to parties and hearing, the municipal officers may alter or revoke approval to use the location. [RR 1995, c. 2, §11 (ral).]


7. Petition to court. If the municipal officers neglect or refuse after 30 days to decide upon any petition addressed to them or if a party whose interests are affected by the decision is dissatisfied with the decision, the dissatisfied petitioner or party may apply to the Superior Court for relief within 60 days of the decision. [RR 1995, c. 2, §11 (ral).]


8. Return; record; fees. The municipal officers shall, within 30 days, decide upon every petition presented to them and upon every location approved under this section, and shall cause this information to be recorded by the town clerk. The fees of the municipal officers and town clerk must be paid by the petitioner. [RR 1995, c. 2, §11 (ral).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13090-E. Tourism marketing and development strategy (REALLOCATED FROM TITLE 5, SECTION 13080-Q)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 5-B: TOURISM (HEADING: PL 1995, c. 560, Pt. B, @11 (new); RR 1995, c. 2, @11 (ral))

§13090-E. Tourism marketing and development strategy (REALLOCATED FROM TITLE 5, SECTION 13080-Q)

1. Development. The Office of Tourism shall develop a 5-year marketing and development strategy for state tourism growth that maximizes the effectiveness of state and private sector contributions in attracting visitors to the State and increasing tourism-based revenues. The strategy must incorporate components of direct marketing in maintenance and primary markets, matching grants programs, trade markets, regional development and research. [2003, c. 198, §9 (amd).]


2. Administration. The Office of Tourism shall administer the components of the strategy after development. Administration includes development of new markets, creation of an image of the State to entice visitor inquiries and provision of appropriate technical assistance and response mechanisms. The Office of Tourism shall support staffing of the visitor information centers and fulfill tourism information requests and shall work in partnership with the tourism industry in the State in administering the strategy. [2003, c. 198, §9 (amd).]


3. Tourism Marketing and Development Fund. [RR 1995, c. 2, §11 (ral); T. 5, §13090-E, sub-§3 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13090-F. Maine Tourism Commission (REALLOCATED FROM TITLE 5, SECTION 13080-R)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 5-B: TOURISM (HEADING: PL 1995, c. 560, Pt. B, @11 (new); RR 1995, c. 2, @11 (ral))

§13090-F. Maine Tourism Commission (REALLOCATED FROM TITLE 5, SECTION 13080-R)

1. Maine Tourism Commission. The Maine Tourism Commission, established by section 12004-I, subsection 87 and referred to in this section as the "commission," shall assist and advise the Office of Tourism to achieve its purpose under section 13090-C. The commission consists of 25 voting members appointed by the Governor as follows:



A. Three members representing the outdoor sporting interests of the State, including:

(1) One member representing a statewide organization of hunters, anglers and trappers;


(2) One member representing the interests of large landowners; and


(3) One member representing a statewide organization of licensed Maine guides;
[1999, c. 445, §1 (rpr).]




B. Eight public members who represent their respective regions and have experience in the field or have demonstrated concern for the travel industry; [2005, c. 33, §1 (amd).]




C. Thirteen members of major tourism trade associations, including:

(1) At least one member representing a statewide organization of hotels, motels and inns;


(2) At least one member representing a statewide organization of restaurants;


(3) At least one member representing a statewide organization of campground owners;


(4) At least one member representing the retail sector in the State;


(5) At least one member representing the motorcoach industry;


(6) At least one member representing the air transportation industry;


(7) At least one member representing arts and cultural organizations; and


(8) At least one member representing a statewide organization of children's camps; and
[2005, c. 33, §1 (amd).]




D. One member representing a statewide organization of agricultural producers. [2005, c. 33, §1 (new).]

The terms of the voting members are for 4 years each. The Governor shall fill a vacancy in the membership for any unexpired term. The commissioners, directors or designees of the following state departments or offices shall serve as ex officio, nonvoting members of the commission: the department; the State Planning Office; the Department of Conservation; the Department of Transportation; the Department of Inland Fisheries and Wildlife; the Department of Agriculture, Food and Rural Resources; the Department of Education; and the Bureau of Public Improvements. The Canadian Affairs Coordinator shall also serve as an ex officio, nonvoting member of the commission. A chair and vice-chair of the commission must be elected annually from the appointed membership. [2005, c. 33, §1 (amd).]


2. Powers and duties. The commission shall:



A. Recommend rules for the implementation of section 13090-G and make recommendations on the award of matching funds to the commissioner and the Director of the Office of Tourism; [2003, c. 198, §10 (amd).]




B. Recommend policy guidelines on marketing, promotion and advertising strategies to the Office of Tourism; [2003, c. 198, §10 (amd).]




C. Conduct public hearings necessary to obtain input concerning tourism policy development from a broad cross-section of travel interests; [RR 1995, c. 2, §11 (ral).]




D. Assist the Office of Tourism in providing technical assistance to the travel industry and in planning and conducting periodic tourism conferences; [2003, c. 198, §10 (amd).]




E. Prepare a report for annual submission to the Governor and the Legislature relative to the programs, policies and accomplishments of the commission; and [RR 1995, c. 2, §11 (ral).]




F. Assist the Office of Tourism in other areas the commissioner considers appropriate and necessary to ensure the successful implementation of this section. [2003, c. 198, §10 (amd).]

[2003, c. 198, §10 (amd).]


3. Compensation. Commission members are entitled to compensation as provided by chapter 379. [RR 1995, c. 2, §11 (ral).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13090-G. Travel Promotion Matching Fund Program (REALLOCATED FROM TITLE 5, SECTION 13080-S)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 5-B: TOURISM (HEADING: PL 1995, c. 560, Pt. B, @11 (new); RR 1995, c. 2, @11 (ral))

§13090-G. Travel Promotion Matching Fund Program (REALLOCATED FROM TITLE 5, SECTION 13080-S)

1. Statement of purpose. The Travel Promotion Matching Fund Program is established for the following purposes:



A. To allow the State to provide part of the funds necessary for public and private, nonprofit travel promotional organizations to conduct promotional programs; and [RR 1995, c. 2, §11 (ral).]




B. To strengthen the State's image by coordinating the promotional efforts of the private sector with those of the Office of Tourism. [2003, c. 198, §11 (amd).]

[2003, c. 198, §11 (amd).]


2. Eligible organization. Matching funds must be made available to those nonprofit travel promotional organizations that best meet the purposes of this section. An organization may not disburse state matching funds to a private, for-profit business for the purpose of promoting its goods, services, functions or activities. [RR 1995, c. 2, §11 (ral).]


3. Limitations. This section does not reduce any organization's financial participation in any ongoing project, but rather to increase or develop new programs. The grant program as established in subsection 4, must be geared to specific promotional efforts and costs and is not intended to match any administrative costs, including any form of personal services. [RR 1995, c. 2, §11 (ral).]


4. Administration. The Office of Tourism shall administer the Travel Promotion Matching Fund Program with such flexibility as to bring about the most effective and economical travel promotion program possible. Applications from all regions of the State must be equally considered. The Maine Tourism Commission shall recommend rules and procedures necessary and appropriate to the proper operation of the Travel Promotion Matching Fund Program. These rules must establish eligibility requirements, allocation formulas, application procedures and criteria subject to the final approval of the commissioner. The Maine Tourism Commission shall establish a schedule for review of grant applications and make timely recommendations of grant awards to the Office of Tourism. Grants recommended by the Maine Tourism Commission to the Office of Tourism must be approved by the Director of the Office of Tourism prior to any disbursement of funds. [2003, c. 198, §12 (amd).]


5. Bookkeeping systems. The department and all tourist promotional organizations qualifying for matching funds under this section shall keep accurate records of any applications, transactions, payment receipts and correspondence relating to the implementation of the Travel Promotion Matching Fund Program.



A. The department shall establish a standard accounting procedure to be used by any organization receiving money under this section. [RR 1995, c. 2, §11 (ral).]




B. The records of any organization pertaining to accounts and contracts funded with money under this section must be open to audit by the State or by any firm employed by the State to audit these records. [RR 1995, c. 2, §11 (ral).]

Additional matching funds may not be awarded to an organization until the provisions of this subsection have been met. [RR 1995, c. 2, §11 (ral).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13090-H. Maine State Film Commission (RELLOCATED FROM TITLE 5, SECTION 13080-T)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 5-B: TOURISM (HEADING: PL 1995, c. 560, Pt. B, @11 (new); RR 1995, c. 2, @11 (ral))

§13090-H. Maine State Film Commission (RELLOCATED FROM TITLE 5, SECTION 13080-T)

1. Maine State Film Commission established. The Maine State Film Commission, as established by section 12004-I, subsection 88, is within the Office of Tourism and shall advise and assist the office as necessary. The commission shall advise the commissioner and the Director of the Office of Tourism with respect to the operation of the Maine State Film Commission program.



A. The commission consists of 11 members appointed by the Governor.

(1) The members appointed must be involved in a related business field or have experience or familiarity with media marketing or public relations. The Governor shall ensure an equitable regional representation from the State.


(2) The Director of the Maine Arts Commission and the commissioner shall serve as ex officio, nonvoting members of the commission.
[RR 1995, c. 2, §11 (ral).]




B. The terms of office of commission members are as follows.

(1) All members are appointed for 3-year terms. Of those first appointed, 3 are appointed for 3-year terms, 4 are appointed for 2-year terms and 4 are appointed for one-year terms. The Governor shall designate the terms of office of those first appointed at the time of appointment.


(2) Members shall serve until their successors are appointed and take office. The Governor may terminate the membership of any appointee for just cause and the reason for the termination must be communicated in writing to each member whose term is so terminated.


(3) Vacancies must be filled in the same manner as original appointments, except that any person appointed to fill a vacancy shall serve for the remainder of the unexpired term of the vacancy.
[RR 1995, c. 2, §11 (ral).]




C. The chair and vice-chair are appointed by the Governor annually at the first meeting of the commission and serve for one-year terms.

(1) The chair shall call meetings of the commission.
[RR 1995, c. 2, §11 (ral).]




D. Members are compensated for expenses only in accordance with chapter 379. [RR 1995, c. 2, §11 (ral).]




E. Financing of promotional and development materials and expenses pursuant to this section must be made with funds within the limit of the budget of the department for the Office of Tourism. [2003, c. 198, §13 (amd).]

[2003, c. 198, §13 (amd).]


2. Powers and duties. The Maine State Film Commission has the following powers and duties:



A. To recommend rules for the implementation of the provisions relating to the promotion of filming activities in the State; [RR 1995, c. 2, §11 (ral).]




B. To advise and assist the Director of the Maine State Film Office and the Director of the Office of Tourism with respect to this section and section 13090-I; [2003, c. 198, §14 (amd).]




C. To raise and accept funds from public and private sources to be used to promote filming activities in the State; and [RR 1995, c. 2, §11 (ral).]




D. To promote the State for in-state, on-location filming of movies, advertisements and videos. [RR 1995, c. 2, §11 (ral).]

[2003, c. 198, §14 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13090-I. Maine State Film Office (REALLOCATED FROM TITLE 5, SECTION 13080-U)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 5-B: TOURISM (HEADING: PL 1995, c. 560, Pt. B, @11 (new); RR 1995, c. 2, @11 (ral))

§13090-I. Maine State Film Office (REALLOCATED FROM TITLE 5, SECTION 13080-U)

The Maine State Film Office is established within the Office of Tourism. The Director of the Maine State Film Office is responsible for undertaking a program of film promotion and implementing the recommendations and policies of the commissioner. [2003, c. 198, §15 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13090-J. Tourism Cooperative Marketing Fund (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 5-B: TOURISM (HEADING: PL 1995, c. 560, Pt. B, @11 (new); RR 1995, c. 2, @11 (ral))

§13090-J. Tourism Cooperative Marketing Fund (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Statement of purpose. The Tourism Cooperative Marketing Fund is established to allow the Office of Tourism to accept private donations to be used in support of special public and private marketing opportunities. [2003, c. 198, §16 (amd).]


2. Tourism Cooperative Marketing Fund. The Tourism Cooperative Marketing Fund, referred to in this section as the "fund," is established as an interest-bearing account. All charges collected pursuant to this section must be deposited into the fund. All interest earned by the account becomes part of the fund. Any balance remaining in the fund at the end of the fiscal year does not lapse but is carried forward into subsequent fiscal years. Revenue to the fund is collected, managed, deposited, invested and disbursed by the Office of Tourism. [2003, c. 198, §16 (amd).]


3. Revenue sources. For purposes of funding its activities, the Office of Tourism is authorized to accept donations from private sources and shall consult with donors in making distribution determinations. [2003, c. 198, §16 (amd).]


4. Administrative costs. The Office of Tourism may retain a portion of the total donations collected equivalent to the office's administrative costs incurred in the collection and remission of the donations, not to exceed 2% of the total donations collected. [2003, c. 198, §16 (amd).]


5. Reporting requirements. The Office of Tourism shall submit a report by February 1, 1998 and February 1st of each subsequent year to the joint standing committees of the Legislature having jurisdiction over economic development matters and appropriations and financial affairs identifying the amount collected and how the fund was disbursed by the office. [2003, c. 198, §16 (amd).]


6. Repeal. This section is repealed on July 1, 2007. The Office of Tourism shall provide its recommendations to the Governor and the joint standing committee of the Legislature having jurisdiction over economic development matters concerning the need for extending authorization of the fund. [2003, c. 198, §16 (amd).] 05 §13090-J Tourism Cooperative Marketing Fund (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §13090-J, sub-§6; PL 2003, c. 198, §16 (amd))

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13090-K. Tourism Marketing Promotion Fund

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 3: TOURISM AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new); 1995, c. 560, Pt. B, @6 (rpr))
Article 5-B: TOURISM (HEADING: PL 1995, c. 560, Pt. B, @11 (new); RR 1995, c. 2, @11 (ral))

§13090-K. Tourism Marketing Promotion Fund

1. Fund established. The Tourism Marketing Promotion Fund is established in the Department of Economic and Community Development, Office of Tourism as a nonlapsing dedicated account. [2001, c. 439, Pt. UUUU, §1 (new).]


2. Source of fund. Beginning July 1, 2003 and every July 1st thereafter, the State Controller shall transfer to the Tourism Marketing Promotion Fund an amount, as certified by the State Tax Assessor, that is equivalent to 5% of the 7% tax imposed on tangible personal property and taxable services pursuant to Title 36, section 1811, for the first 6 months of the prior fiscal year after the reduction for the transfer to the Local Government Fund as described by Title 30-A, section 5681, subsection 5. Beginning on October 1, 2003 and every October 1st thereafter, the State Controller shall transfer to the Tourism Marketing Promotion Fund an amount, as certified by the State Tax Assessor, that is equivalent to 5% of the 7% tax imposed on tangible personal property and taxable services pursuant to Title 36, section 1811, for the last 6 months of the prior fiscal year after the reduction for the transfer to the Local Government Fund. The tax amount must be based on actual sales for that fiscal year and may not consider any accruals that may be required by law. The amount transferred from General Fund sales and use tax revenues does not affect the calculation for the transfer to the Local Government Fund. [2001, c. 439, Pt. UUUU, §1 (new).]


3. Restrictions. A minimum of 10% of the funds received by the Tourism Marketing Promotion Fund in accordance with subsection 2 must be used for regional marketing promotion and regional special events promotion. [2001, c. 439, Pt. UUUU, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13091. Findings (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 4: TOURISM (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 875, Pt. M, @8 (rp))

§13091. Findings (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13092-A. Historical marker program (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 4: TOURISM (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 875, Pt. M, @8 (rp))

§13092-A. Historical marker program (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13092. Office of Tourism (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 4: TOURISM (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 875, Pt. M, @8 (rp))

§13092. Office of Tourism (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13093. Maine Tourism Commission (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 4: TOURISM (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 875, Pt. M, @8 (rp))

§13093. Maine Tourism Commission (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13094. Travel Promotion Matching Fund Program (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 4: TOURISM (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 875, Pt. M, @8 (rp))

§13094. Travel Promotion Matching Fund Program (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13095. Maine State Film Commission (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 4: TOURISM (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 875, Pt. M, @8 (rp))

§13095. Maine State Film Commission (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13096. Powers and duties (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 4: TOURISM (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 875, Pt. M, @8 (rp))

§13096. Powers and duties (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13097. Director of the Maine State Film Commission (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 4: TOURISM (HEADING: PL 1987, c. 534, Pt. A, @@17, 19 (new); 1989, c. 875, Pt. M, @8 (rp))

§13097. Director of the Maine State Film Commission (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13100. Small Business and Entrepreneurship

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 4-A: SMALL BUSINESS AND ENTREPRENEURSHIP (HEADING: PL 2005, c. 458, @2 (new))

§13100. Small Business and Entrepreneurship

The commissioner shall create within existing budgeted resources the Office of Small Business and Entrepreneurship and appoint a director to operate the office. [2005, c. 458, §2 (new).]

1. Director. The director reports to the commissioner. The director is responsible for advocacy, policies and programs that stimulate investment and growth in small business and entrepreneurship. The director is the liaison to the public for gubernatorial initiatives on small business and entrepreneurship. [2005, c. 458, §2 (new).]


2. Duties. The director shall:



A. Advocate for small business and entrepreneurship throughout all levels of State Government; [2005, c. 458, §2 (new).]




B. Assist in the oversight and auditing of the State's investments in small business and entrepreneurship initiatives, programs and service providers; [2005, c. 458, §2 (new).]




C. Chair the Maine Entrepreneurship Working Group, which shall act as the advisory group to the Maine Small Business and Entrepreneurship Commission and subsequently the department; [2005, c. 458, §2 (new).]




D. Prepare a biennial state of small business and entrepreneurship report to the Legislature; and [2005, c. 458, §2 (new).]




E. Oversee the Business Answers program, the Maine Products Marketing Program and other department programs and initiatives relevant to small business and entrepreneurship. [2005, c. 458, §2 (new).]

[2005, c. 458, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13101. Division of Development Policy; established (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 5: DEVELOPMENT POLICY (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new); 1989, c. 875, Pt. M, @9 (rp))

§13101. Division of Development Policy; established (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13102. Division of Development Policy; duties (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 5: DEVELOPMENT POLICY (HEADING: PL 1987, c. 534, Pt. A, @@17,19 (new); 1989, c. 875, Pt. M, @9 (rp))

§13102. Division of Development Policy; duties (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13103. Maine Biomedical Research Program

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 5-A: RESEARCH (HEADING: PL 1999, c. 731, Pt. SSS, @1 (new))

§13103. Maine Biomedical Research Program

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.



A. "Biennium" means that period of time encompassed by the state budget fiscal biennium. [1999, c. 731, Pt. SSS, §1 (new).]




A-1. "Academic medical center" is a Maine-based nonprofit clinical, educational and research organization with a critical number of hospital beds, with multiple and independent residency and fellowship programs, with a significant number of residents and fellows and that is affiliated with but independent of a medical school. [2001, c. 196, §2 (new).]




A-2. "Affiliate" means a corporation, limited liability company or other entity that controls, is controlled by or is under common control with the applicant. A majority of the membership, stock ownership or other voting authority is conclusively presumed to establish control. [2005, c. 168, §1 (new).]




B. "Eligible institution" means a Maine-based private nonprofit biomedical research institution or academic medical center or medical school that, as of July 1, 2001:

(1) Performs competitive biomedical research in on-site, wetbench biomedical research laboratories in the State, as evidenced by publications in recognized peer review journals; and


(2) Receives or expends funds in the State from federal agencies or specified grant sources for the purpose of producing peer-reviewed biomedical research in on-site, wetbench biomedical research laboratories.

For purposes of this paragraph, "wetbench" has the meaning generally ascribed to that term by the biomedical research community and refers to laboratories that use solutions or cell extracts and biological reagents. [2001, c. 196, §3 (rpr).]




C. "Fund" means the Maine Biomedical Research Fund established in subsection 3. [1999, c. 731, Pt. SSS, §1 (new).]




D. "Program" means the Maine Biomedical Research Program established in subsection 2. [1999, c. 731, Pt. SSS, §1 (new).]




E. "Private nonprofit biomedical research institution" means a Maine-based institution that is a nonprofit organization described in 26 United States Code, Section 501(c)(3); with a primary purpose of biomedical research; with research laboratories on site; with scientific doctoral degrees who are principal investigators on biomedical research grants expended in the State through that institution and who have published a significant number of publications in Index Medicus journals in each of the past 3 years; and with a significant level of research activity funded by specified grant sources. [2001, c. 196, §4 (new).]




F. "Specified grant sources" means a federal agency, a nonprofit foundation, private company or corporation, a voluntary membership organization such as the American Cancer Society, or an out-of-state educational university, that, as of July 1, 2001, issues grants or contracts for the purpose of producing peer-reviewed biomedical research when the grantee retains complete editorial control over the content of the research performed. [2001, c. 196, §4 (new).]




G. "Medical school" means a state-based private nonprofit medical school that, as of July 1, 2001, is authorized to grant a doctorate degree in osteopathic or allopathic medicine and is accredited by the American Osteopathic Association or its successor or the Liaison Committee on Medical Education or its successor. [2001, c. 196, §4 (new).]

[2005, c. 168, §1 (amd).]


1-A. Eligibility and fulfillment of requirements based on prior activity of affiliate. Until July 1, 2009, any one or more of the requirements of this subchapter, including eligibility requirements under subsection 1, paragraph B, may be satisfied by an applicant created after July 1, 2001 if that requirement is satisfied by one or more affiliates of the applicant and if at least one affiliate of the applicant received funding from the fund prior to July 1, 2005. After July 1, 2009, an applicant that has established eligibility pursuant to this subsection must itself meet all other requirements of this subchapter. [2005, c. 168, §2 (new).]


2. Program established. The Maine Biomedical Research Program is established to promote economic development and jobs in the State primarily by making state investments in organizations with successful results in attracting biomedical research funds from specified grant sources. As a secondary purpose, the Maine Biomedical Research Program is intended to provide incentives for small eligible institutions to grow. The program shall disburse program funds from the Maine Biomedical Research Fund to eligible institutions pursuant to this section. The Maine Biomedical Research Board shall administer the program. The Maine Biomedical Research Board shall:



A. Develop and modify detailed program guidelines consistent with this section in consultation as needed with members of the biomedical community; [1999, c. 731, Pt. SSS, §1 (new).]




B. Review and if necessary verify applications for funds from eligible institutions; [1999, c. 731, Pt. SSS, §1 (new).]




C. Determine whether the institution is an eligible institution; [1999, c. 731, Pt. SSS, §1 (new).]




D. Verify that the proposed use of program funds is consistent with subsection 4; [1999, c. 731, Pt. SSS, §1 (new).]




E. Determine the allocation that each eligible institution will receive in a given biennium; [1999, c. 731, Pt. SSS, §1 (new).]




F. Advertise the availability of funds each biennium; and [1999, c. 731, Pt. SSS, §1 (new).]




G. Submit each biennium a report to the Governor, the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters. The report must include detailed information on the status of the funds in the Maine Biomedical Research Fund, a listing and explanation of each specific source of funding from grant sources for biomedical research and its use and the number of new jobs created in the State and where those jobs are located. [2003, c. 50, Pt. B, §1 (amd); Pt. B, §2 (aff).]

[2003, c. 50, Pt. B, §1 (amd); §2 (aff).]


3. Fund established. The Maine Biomedical Research Fund is established as an Other Special Revenue fund for the purposes specified in this section. Funds appropriated for this purpose may be transferred on a one-time basis to the Other Special Revenue fund in fiscal year 2000-01. Any unexpended balance in the fund may not lapse, but must be carried forward for the benefit of the fund. [1999, c. 731, Pt. SSS, §1 (new).]


4. Use of funds. Program funds are to support biomedical research in this State, with priority given to research and research technologies with the potential to affect diseases and biomedical mechanisms. An eligible institution receiving program funds under this section may use those funds for any of the following purposes:



A. Project funding; [1999, c. 731, Pt. SSS, §1 (new).]




B. Facilities funding, including debt service; [1999, c. 731, Pt. SSS, §1 (new).]




C. Equipment used in research, including debt service; or [1999, c. 731, Pt. SSS, §1 (new).]




D. Ancillary support. [1999, c. 731, Pt. SSS, §1 (new).]

An eligible institution that receives funds under this section may charge overhead expenses consistent with federal research granting criteria. The institution may utilize up to 2% of the program funds it receives to evaluate the impact of the research it is conducting. An institution is not obligated to expend program funds during the period in which those funds are received, but may carry over funding for up to 5 years. [2001, c. 196, §6 (amd).]


5. Application procedure. In order to receive program funds, an eligible institution must submit to the program:



A. A preliminary plan describing how the institution would utilize program funds and what research and economic benefits it anticipates as a result of this funding; [1999, c. 731, Pt. SSS, §1 (new).]




B. Citations of articles from peer review journals published within the previous 2 years that show the institution is engaged in competitive biomedical research; [1999, c. 731, Pt. SSS, §1 (new).]




C. Copies of the institution's Internal Revenue Service form 990, showing the amount of funding from outside sources; [1999, c. 731, Pt. SSS, §1 (new).]




D. A breakdown and explanation of all funding from specified grant sources for biomedical research, listing each specific source of funding and its use; and [2001, c. 196, §7 (amd).]




E. A statement signed by the institution's chief executive officer asserting that all the submitted materials are accurate. [1999, c. 731, Pt. SSS, §1 (new).]

[2001, c. 196, §7 (amd).]


6. Allocation of funds to eligible institutions. The Maine Biomedical Research Board shall allocate funds from the fund to eligible institutions biannually, based on a formula to be developed by the board. The formula must be designed both to provide an ongoing incentive to leverage outside funding and to facilitate the growth of smaller institutions.



A. The formula must link the amount of the program funds to be received by an eligible institution to the total amount of funding that the institution has received or expended from specific grant sources during the previous 2 calendar years for the purpose of producing peer-reviewed biomedical research in on-site biomedical research laboratories in the State. An institution receiving more funding from federal agencies and specified grant sources must receive more program funds under the formula. [2001, c. 196, §8 (rpr).]




B. The formula must be weighted to provide smaller eligible institutions with an incentive to grow. [2001, c. 196, §8 (rpr).]




C. [2001, c. 196, §8 (rp).]

[2001, c. 196, §8 (rpr).]


7. Final plan. Once funding decisions are made according to the formula established pursuant to subsection 6, each eligible institution shall revise its preliminary plan into a final plan that reflects the actual amount of funding allocated. A final plan must describe how the institution would utilize the allocated program funds and what research and economic benefits it anticipates as a result of this funding. An institution must submit a final plan to the department prior to disbursement of funding. [1999, c. 731, Pt. SSS, §1 (new).]


8. Accounting, evaluation and reporting requirements. Each institution receiving funding shall:



A. Maintain an accurate accounting of the use of all program funds as required by state procedures and program guidelines; [1999, c. 731, Pt. SSS, §1 (new).]




B. Undertake an ongoing process to evaluate the impact of the research undertaken with program funds. At a minimum, the evaluation process must be designed to provide the following:

(1) An assessment of the direct and indirect economic impact of the funded research; and


(2) An assessment of the contribution of the funded research to scientific advancement and the institution's competitive position; and
[1999, c. 731, Pt. SSS, §1 (new).]




C. Each biennium, submit a report to the department. The report must include:

(1) An accounting of the use of all program funds received in the previous 2 years, prepared by a certified public accountant;


(2) A summary of the status of any ongoing research;


(3) A summary of the results of any completed research; and


(4) Evaluation data and assessment.
[2003, c. 20, Pt. RR, §4, (amd); §18 (aff).]

[2003, c. 20, Pt. RR, §4, (amd); §18 (aff).]


9. Rulemaking. The Maine Biomedical Research Board may adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A to implement this section. [2003, c. 464, §3 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13104. Maine Biomedical Research Board

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 5-A: RESEARCH (HEADING: PL 1999, c. 731, Pt. SSS, @1 (new))

§13104. Maine Biomedical Research Board

1. Board established. The Maine Biomedical Research Board, referred to in this section as the "board," is established pursuant to section 12004-G, subsection 4-B to administer the Maine Biomedical Research Fund and the Maine Biomedical Research Program as provided in section 13103. [2001, c. 196, §9 (new).]


2. Board membership. The board consists of 7 members appointed as follows:



A. Four persons, appointed by the Governor and nominated by a statewide biomedical research coalition; [2001, c. 196, §9 (new).]




B. Two members, appointed by the Governor, who are distinguished and credentialed in the type of biomedical research that is performed by eligible institutions defined in section 13103, subsection 1; and [2001, c. 196, §9 (new).]




C. The commissioner or the commissioner's designee. [2001, c. 196, §9 (new).]

[2001, c. 196, §9 (new).]


3. Initial appointment; terms. Members of the board appointed by the Governor are appointed for 3-year terms, except for the initial terms of appointment, which are as follows: Two members appointed for one year; 2 members appointed for 2 years; and 2 members appointed for 3 years. Members who serve on the board by virtue of their office serve terms coincident with their terms in office. [2001, c. 196, §9 (new).]


4. Powers and duties of board. The board has the following powers and duties:



A. To perform all duties and take such actions pursuant to section 13103 as necessary to administer the Maine Biomedical Research Program; [2001, c. 196, §9 (new).]




B. To contract with the Maine Technology Institute for such assistance in fulfilling the board's duties as the board may require; and [2001, c. 196, §9 (new).]




C. To approve a budget for administration of the Maine Biomedical Research Program.Maine Biomedical Research Board [2001, c. 196, §9 (new).]

[2001, c. 196, §9 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13105. Office of Innovation

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 5-B: OFFICE OF INNOVATION (HEADING: PL 2003, c. 673, Pt. M, @8 (new))
Article 1: OFFICE OF INNOVATION (HEADING: PL 2003, c. 673, Pt. M, @8 (new))

§13105. Office of Innovation

1. Office established. The commissioner shall establish the Office of Innovation, referred to in this subchapter as "the office." The office shall encourage and coordinate the State's research and development activities to foster collaboration among the State's higher education and nonprofit research institutions and the business community. The commissioner shall appoint the State Science Advisor, who shall serve as the Director of the Office of Innovation. [2005, c. 425, §6 (amd).]


2. Office functions. The office shall promote, evaluate and support research and development relevant to the State including:



A. Technology transfer activities to increase the competitiveness of businesses and public institutions of higher education in the State; [2003, c. 673, Pt. M, §8 (new).]




B. Effective and efficient application of technologies in the public and private sectors; [2003, c. 673, Pt. M, §8 (new).]




C. The development of new commercial products and the fabrication of such products in the State through the Maine Technology Institute under section 15302 and the technology centers under section 15321; and [2005, c. 19, §2 (amd).]




D. Research opportunities that create sustained, interinstitutional, multidisciplinary efforts. [2003, c. 673, Pt. M, §8 (new).]

The office shall coordinate cooperative efforts among government agencies, the private sector and universities and colleges for the purposes outlined in this subchapter. [2005, c. 19, §2 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13106. Science and technology plan

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 5-B: OFFICE OF INNOVATION (HEADING: PL 2003, c. 673, Pt. M, @8 (new))
Article 1: OFFICE OF INNOVATION (HEADING: PL 2003, c. 673, Pt. M, @8 (new))

§13106. Science and technology plan

The office shall develop and submit the following to the Governor and the Legislature by the first day of the first legislative session of each biennium: [2003, c. 673, Pt. M, §8 (new).]

1. Action plan. An action plan for the application of science and technology to improve the State's position in the global economy. The action plan must be based on the State's overall economic development strategy as determined by the commissioner. The action plan must identify specific steps that public and private institutions must implement to improve the State's science and technology infrastructure. The action plan must also identify action steps that could be implemented immediately without new state appropriations and resources and action steps that will require new state appropriations or major reallocation of state appropriations and resources. The action plan must include numerical objectives, costs and an evaluation protocol. The action plan must also include a provision for assigning and ensuring accountability for those who receive state research and development funds through the office. In the preparation of this action plan, the office shall seek the advice of state agencies, the Maine Economic Growth Council established in Title 10, section 929-A, the University of Maine System and the business, education and research communities; and [2003, c. 673, Pt. M, §8 (new).]


2. Report card. A report card that:



A. Compares the State's science and technology infrastructure standing to that of other states, based on the results of all independent organizations or reports that make such comparisons and on any other appropriate comparisons as determined by the office and those agencies with which the office is directed by this section to consult; [2003, c. 673, Pt. M, §8 (new).]




B. Assesses the performance of the State and those who receive state funds in meeting the goals and objectives and taking the action steps outlined in the action plan; and [2003, c. 673, Pt. M, §8 (new).]




C. Makes recommendations for improving the results shown on the report card. [2003, c. 673, Pt. M, §8 (new).]

[2003, c. 673, Pt. M, §8 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13107. Comprehensive research and development evaluation

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 5-B: OFFICE OF INNOVATION (HEADING: PL 2003, c. 673, Pt. M, @8 (new))
Article 1: OFFICE OF INNOVATION (HEADING: PL 2003, c. 673, Pt. M, @8 (new))

§13107. Comprehensive research and development evaluation

The office shall develop and submit to the Governor and the Legislature by July 1, 2006 and on July 1st every 5 years thereafter an evaluation of state investments in research and development. The evaluation must: [2003, c. 673, Pt. M, §8 (new).]

1. Outcome measures. Establish outcome measures considered appropriate by public and private practitioners inside and outside of the State in the fields of research and development and economic development. Practitioners in this State must include, but are not limited to, a representative from the University of Maine System, a representative of the targeted technology sectors, a representative of the Executive Department, State Planning Office and representatives of other state agencies having economic development responsibility; [2003, c. 673, Pt. M, §8 (new).]


2. Independent reviewers. Utilize independent reviewers to assess the competitiveness of technology sectors in this State and the impact of research and development activities in this State on economic development in this State; and [2003, c. 673, Pt. M, §8 (new).]


3. Recommendations. Include recommendations to the Legislature on existing and proposed state-supported research and development programs and activities to affect technology-based economic development in this State. [2003, c. 673, Pt. M, §8 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13108. Reporting requirements of recipients of research and development funding

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 5-B: OFFICE OF INNOVATION (HEADING: PL 2003, c. 673, Pt. M, @8 (new))
Article 1: OFFICE OF INNOVATION (HEADING: PL 2003, c. 673, Pt. M, @8 (new))

§13108. Reporting requirements of recipients of research and development funding

To assist the office in preparing a comprehensive research and development evaluation, a recipient of state funding including general obligation bond proceeds for research and development shall, in addition to any other reporting requirements required by law: [2003, c. 673, Pt. M, §8 (new).]

1. Data. Collect, maintain and provide data relating to each investment's performance, outputs and outcomes; [2003, c. 673, Pt. M, §8 (new).]


2. Report card indicators. Identify the indicators in the report card developed by the office pursuant to section 13106 that will be affected as a result of the proposed research and development activity; and [2003, c. 673, Pt. M, §8 (new).]


3. Action plan goals. Identify the goals in the action plan developed by the office pursuant to section 13106 that will be advanced by the recipient's research and development activity. [2003, c. 673, Pt. M, §8 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13109. Maine Research and Development Evaluation Fund

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 5-B: OFFICE OF INNOVATION (HEADING: PL 2003, c. 673, Pt. M, @8 (new))
Article 2: SCIENCE AND TECHNOLOGY PROGRAMS (HEADING: PL 2003, c. 673, Pt. M, @8 (new))

§13109. Maine Research and Development Evaluation Fund

1. Fund established. The Maine Research and Development Evaluation Fund, referred to in this section as "the fund," is established as a nonlapsing Other Special Revenue Funds account administered by the office for the purposes of funding the comprehensive research and development evaluation required pursuant to section 13108. [2003, c. 673, Pt. M, §8 (new).]


2. Definition. For the purposes of this section, "research and development" means activities that directly or through capital investment support basic and applied scientific research and related commercial development funded by state appropriations and bond proceeds. [2003, c. 673, Pt. M, §8 (new).]


3. Fund sources. The fund receives money deposited by the Treasurer of State pursuant to this section and any other gift, grant or other source of revenue deposited for that use. [2003, c. 673, Pt. M, §8 (new).]


4. Payments to fund. Notwithstanding section 1585 or any other provision of law, agencies or private entities that receive General Fund or general obligation bonds for research and development shall contribute to the fund an amount not to exceed 0.8% of General Fund appropriations received by and general obligation bonds issued to an agency or entity for research and development efforts. Private entities that receive funds from general obligation bonds for research and development efforts shall pay to the Treasurer of State in the fiscal year in which the general obligation bond was issued an amount not to exceed 0.8% of the proceeds from the bond issue in any fiscal year, which payment must be made from available resources other than bond proceeds. Only those programs that receive $500,000 or more in research and development appropriations in any fiscal year, or those entities that receive funds from a general obligation bond issue of $500,000 or more for research and development efforts in any fiscal year, as identified and certified by the Office of Innovation and the Office of Fiscal and Program Review, may be assessed. The Office of Innovation shall provide to each agency or private entity an annual budget for the fund and a detailed account of each institution's required assessment. Total payments made pursuant to this section may not exceed $120,000 in any fiscal year. [2005, c. 425, §7 (rpr).]


5. Repeal; lapse of funds. [2005, c. 425, §8 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13110-A. Maine EPSCoR Capacity Fund

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 5-B: OFFICE OF INNOVATION (HEADING: PL 2003, c. 673, Pt. M, @8 (new))
Article 2: SCIENCE AND TECHNOLOGY PROGRAMS (HEADING: PL 2003, c. 673, Pt. M, @8 (new))

§13110-A. Maine EPSCoR Capacity Fund

The Maine EPSCoR Capacity Fund is established within the office to provide the matching funds that are required by several federal agencies in their EPSCoR activities. The fund must be used to match EPSCoR awards, and is a nonlapsing Other Special Revenue Funds account. [2003, c. 673, Pt. M, §8 (new).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.



A. "Fund" means the Maine EPSCoR Capacity Fund account within the Other Special Revenue Funds account. [2003, c. 673, Pt. M, §8 (new).]




B. "Match" means the cash commitment required from the State as defined by a federal funding agency. Match requirements vary among federal agencies. [2003, c. 673, Pt. M, §8 (new).]




C. "Research capacity committee" means the EPSCoR steering committee referred to in section 13110. [2003, c. 673, Pt. M, §8 (new).]

[2003, c. 673, Pt. M, §8 (new).]


2. Organization. The commissioner, at the commissioner's discretion, may delegate the administration of the fund to the director of the office. The research capacity committee shall advise the commissioner or the director of the office on the use of the funds. [2003, c. 673, Pt. M, §8 (new).]


3. Guidelines. The commissioner or the director of the office, with the advice of the research capacity committee, shall establish guidelines for cash and in-kind match requirements based on the activities to be supported with the fund. Match levels must reflect the requirements identified by federal funding agencies. [2003, c. 673, Pt. M, §8 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13110. Maine Experimental Program to Stimulate Competitive Research established

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 5-B: OFFICE OF INNOVATION (HEADING: PL 2003, c. 673, Pt. M, @8 (new))
Article 2: SCIENCE AND TECHNOLOGY PROGRAMS (HEADING: PL 2003, c. 673, Pt. M, @8 (new))

§13110. Maine Experimental Program to Stimulate Competitive Research established

The office, the University of Maine System and the EPSCoR steering committee are jointly responsible for the administration of the Maine Experimental Program to Stimulate Competitive Research, referred to in this chapter as "the Maine EPSCoR Program," which is established in this section as a partnership effort between the State Government and the Federal Government to strengthen the State's science and engineering infrastructure. [2003, c. 673, Pt. M, §8 (new).]

1. Linkage with state policies. The policies, programs and activities of the Maine EPSCoR Program must consider the State's economic, education and science and technology strategies and policies. [2003, c. 673, Pt. M, §8 (new).]


2. Policy recommendation. Through the office, the University of Maine System and the EPSCoR steering committee, the Maine EPSCoR Program may recommend to the Governor and the Legislature policies and programs essential to the strengthening of the State's science and engineering infrastructure. [2003, c. 673, Pt. M, §8 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13111. Office of Comprehensive Land Use Planning (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 6: COMPREHENSIVE LAND USE PLANNING (HEADING: PL 1987, c. 816, Pt. A, @14 (new); 1991, c. 622, Pt. F, @14 (rp))

§13111. Office of Comprehensive Land Use Planning (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13112. Municipal Growth Management and Capital Investment Fund (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 6: COMPREHENSIVE LAND USE PLANNING (HEADING: PL 1987, c. 816, Pt. A, @14 (new); 1991, c. 622, Pt. F, @14 (rp))
Article 1: MUNICIPAL GROWTH MANAGEMENT AND CAPITAL INVESTMENT (HEADING: PL 1989, c. 631, @3 (new); 1991, c. 622, Pt. F, @14 (rp))

§13112. Municipal Growth Management and Capital Investment Fund (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13113. Assistance to municipalities (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 6: COMPREHENSIVE LAND USE PLANNING (HEADING: PL 1987, c. 816, Pt. A, @14 (new); 1991, c. 622, Pt. F, @14 (rp))
Article 1: MUNICIPAL GROWTH MANAGEMENT AND CAPITAL INVESTMENT (HEADING: PL 1989, c. 631, @3 (new); 1991, c. 622, Pt. F, @14 (rp))

§13113. Assistance to municipalities (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13114. Report to the Legislature (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 6: COMPREHENSIVE LAND USE PLANNING (HEADING: PL 1987, c. 816, Pt. A, @14 (new); 1991, c. 622, Pt. F, @14 (rp))
Article 1: MUNICIPAL GROWTH MANAGEMENT AND CAPITAL INVESTMENT (HEADING: PL 1989, c. 631, @3 (new); 1991, c. 622, Pt. F, @14 (rp))

§13114. Report to the Legislature (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13116. Maine Affordable Housing Alliance established (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 7: MAINE AFFORDABLE HOUSING ALLIANCE (HEADING: PL 1989, c. 601, Pt. B, @3 (new); 1989, c. 875, Pt. M, @10 (rp))

§13116. Maine Affordable Housing Alliance established (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13117. Coordination (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 7: MAINE AFFORDABLE HOUSING ALLIANCE (HEADING: PL 1989, c. 601, Pt. B, @3 (new); 1989, c. 875, Pt. M, @10 (rp))

§13117. Coordination (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13118. Advisory committee created (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 7: MAINE AFFORDABLE HOUSING ALLIANCE (HEADING: PL 1989, c. 601, Pt. B, @3 (new); 1989, c. 875, Pt. M, @10 (rp))

§13118. Advisory committee created (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13119-A. Records confidential

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 8: CONFIDENTIALITY OF RECORDS (HEADING: PL 1991, c. 368 (new))

§13119-A. Records confidential

The following records are confidential for purposes of Title 1, section 402, subsection 3, paragraph A and are not open for public inspection: [1991, c. 368 (new).]

1. Proprietary information. Information that is provided to or developed by the department or a municipality that has to do with a program of assistance and is included in a business or marketing plan or a grant application or provided or developed to fulfill reporting requirements, as long as:



A. The person to whom the information belongs or pertains requests that it be designated as confidential; and [1991, c. 368 (new).]




B. The department or municipality determines that the information gives the person making the request opportunity to obtain business or competitive advantage over another person who does not have access to that information or will result in loss of business or other significant detriment to the person making the request if access is provided to others; [1991, c. 368 (new).]

[1991, c. 368 (new).]


2. Tax or financial information. Any financial statement, supporting data or tax return of any person; [1991, c. 368 (new).]


3. Monitoring. Any financial statement, supporting data or tax return obtained or developed by the department or the municipality in connection with any monitoring or servicing activity by the department or the municipality pertaining to any program of assistance provided or to be provided; [1991, c. 368 (new).]


4. Credit assessment. Any record obtained by the department or the municipality that contains an assessment of the credit worthiness, credit rating or financial condition of any person or project; and [1991, c. 368 (new).]


5. Potential investors. Any record, including any financial statement or supporting data, business plan or tax return obtained or developed by the department or municipality in connection with the matching of potential investors with businesses in the State by the department or the municipality through its maintenance of a data base or other record-keeping system. [1991, c. 368 (new).]
div>
Nothing in this section prevents the disclosure of any records, correspondence or other materials to authorized officers and employees of municipal government, State Government or Federal Government for authorized use. [1991, c. 368 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13119-B. Disclosure required

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 8: CONFIDENTIALITY OF RECORDS (HEADING: PL 1991, c. 368 (new))

§13119-B. Disclosure required

Notwithstanding section 13119-A, the department or the municipality shall make available, upon request, to any person reasonably describing the records to which access is sought or, if no request is made, in any manner and at any time that the department or municipality determines appropriate, the following information. [1991, c. 368 (new).]

1. Certain limited information. The following must be released after provision of assistance:



A. Names of recipients of or applicants for business assistance, including the business principals, if applicable; [1991, c. 368 (new).]




B. Types and general terms of assistance provided to those recipients or requested by those applicants; [1991, c. 368 (new).]




C. Descriptions of projects and businesses benefiting or to benefit from the assistance provided; [1991, c. 368 (new).]




D. Number of jobs and the amount of tax revenues projected or resulting in connection with a completed project; and [1991, c. 368 (new).]




E. Amounts and names of recipients of assistance provided under a program of assistance. [1991, c. 368 (new).]

[1991, c. 368 (new).]


2. Subject to waiver. Any information pursuant to waiver determined satisfactory by the department must be released. [1991, c. 368 (new).]


3. Available to public. Information that the department determines has already been made available to the public must be released. [1991, c. 368 (new).]


4. Not otherwise confidential. Any information not otherwise confidential under section 13119-A or other applicable law must be released. [1991, c. 368 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13119-C. Disclosure permitted

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 8: CONFIDENTIALITY OF RECORDS (HEADING: PL 1991, c. 368 (new))

§13119-C. Disclosure permitted

Notwithstanding section 13119-A, information otherwise confidential under that section may be disclosed: [1991, c. 368 (new).]

1. Financing institutions or credit reporting services. To a financing institution or credit reporting service; [1991, c. 368 (new).]


2. Transfer of securities or bonds. To the extent necessary to the sale or transfer of revenue obligation securities or of general obligation bonds; [1991, c. 368 (new).]


3. Collection of certain obligations. If necessary to ensure collection of any obligation in which the department or municipality has or may have an interest; [1991, c. 368 (new).]


4. Litigation or proceeding. In any litigation or proceeding in which the department or the municipality appears, for the purposes of introduction of the information into the record; [1991, c. 368 (new).]


5. Order by lawful authority. Pursuant to a subpoena, request for production of documents, warrant or other order by competent authority, as long as any such order appears to have first been served on the person to whom the confidential information sought pertains or belongs and as long as any such order appears on its face or otherwise to have been issued or made upon lawful authority; or [1991, c. 368 (new).]


6. Authorization. Upon written authorization of release of the confidential information by the person or persons to whom such information pertains. [1991, c. 368 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13119. Definitions

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 8: CONFIDENTIALITY OF RECORDS (HEADING: PL 1991, c. 368 (new))

§13119. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1991, c. 368 (new).]

1. Local development corporation. "Local development corporation" means any nonprofit corporation organized by a city or town under Title 13, chapter 81 or Title 13-B. [1991, c. 368 (new).]


2. Municipality. "Municipality" means any city, town or local development corporation and any board, commission, agency or authority of any such city, town or local development corporation. [1991, c. 368 (new).]


3. Person. "Person" means an individual, corporation, partnership, firm, organization or other legal entity. [1991, c. 368 (new).]


4. Program of assistance. "Program of assistance" means any financial or technical assistance program established or authorized by the department or a municipality and providing assistance to persons for the improvement and development of housing, community and economic development opportunities. [1991, c. 368 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-A. Authority established; purpose

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-A. Authority established; purpose

The Maine Rural Development Authority, as established by section 12004-F, subsection 18 and referred to in this subchapter as the "authority," is a body both corporate and politic and a public instrumentality of the State established for the purpose of providing loans to communities for the development of commercial facilities on a speculative basis and for serving as lender or investor in the acquisition, development, redevelopment and sale of commercial facilities in areas where economic needs are not supported by private investment. [2003, c. 281, §1 (amd).] div>
The purposes of this subchapter are public and the authority is performing a governmental function in carrying out this subchapter. [2001, c. 703, §6 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-B. Definitions

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-B. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [2001, c. 703, §6 (new).]

1. Carrying costs. "Carrying costs" means reasonable costs incurred for the maintenance, protection and security of a speculative industrial building prior to occupancy, including, but not limited to, insurance, taxes and interest. [2005, c. 425, §9 (amd).]


2. Board of trustees. "Board of trustees" means the Maine Rural Development Authority Board of Trustees. [2001, c. 703, §6 (new).]


3. Commercial. "Commercial" means related to or connected with the furtherance of a profit-making enterprise. [2001, c. 703, §6 (new).]


4. Commercial facility. "Commercial facility" means real estate and improvements used principally for commercial purposes or suitable for commercial use. The term commercial facilities includes, but is not limited to:



A. Offices and office buildings; [2001, c. 703, §6 (new).]




B. Manufacturing, processing, assembly and other industrial buildings and related improvements; [2001, c. 703, §6 (new).]




C. Property used in connection with commercial fishing and other marine-related industries; [2001, c. 703, §6 (new).]




D. Property used in connection with agricultural production, storage, processing, packing and transportation; [2001, c. 703, §6 (new).]




E. Warehouses, transportation and distribution facilities; [2001, c. 703, §6 (new).]




F. Service and repair facilities; [2001, c. 703, §6 (new).]




G. Retail establishments; and [2001, c. 703, §6 (new).]




H. Lodging, restaurant and entertainment facilities. [2001, c. 703, §6 (new).]

[2001, c. 703, §6 (new).]


5. Community industrial building. [2005, c. 425, §10 (rp).]


6. Department. "Department" means the Department of Economic and Community Development. [2001, c. 703, §6 (new).]


7. Lease. "Lease" means a contract providing for the use of a project or portions of a project for a term of years for a designated or determinable rent. A lease may include an installment sales contract. [2001, c. 703, §6 (new).]


8. Lessee. "Lessee" means a tenant under lease and may include an installment purchaser. [2001, c. 703, §6 (new).]


9. Local development corporation. "Local development corporation" means any nonprofit organization created by a municipality that is incorporated under Title 13, chapter 81 or that is incorporated under Title 13-B or otherwise chartered by the State, which is designed to foster, encourage and assist the settlement or resettlement of industrial, manufacturing, fishing, agricultural, recreational and other business enterprises within the State. A majority vote of the municipal officers is sufficient to form a local development corporation, notwithstanding Title 13, chapter 81. "Local development corporation" also means any nonprofit organization that is incorporated under Title 13, chapter 81 or that is incorporated under Title 13-B or otherwise chartered by the State, and is designed to foster, encourage and assist the settlement or resettlement of industrial, manufacturing, fishing, agricultural, recreational and other business enterprises within the State that applies for financial assistance for a project under this article, as long as that application is formally endorsed by a vote of the governing body of the municipality in which the project is to be located. [2001, c. 703, §6 (new).]


10. Municipality. "Municipality" means any county, city or town in the State. [2001, c. 703, §6 (new).]


11. Speculative industrial building. "Speculative industrial building" means a building of flexible design and suitable for commercial use, for which the construction or carrying costs or both are financed through this subchapter for the purpose of creating new jobs in a municipality resulting from the sale or lease of the building. [2005, c. 425, §11 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-C. Organization and responsibilities

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-C. Organization and responsibilities

1. Administrative responsibilities. The authority is responsible for the administration of the:



A. Speculative industrial building program, pursuant to section 13120-N; [2005, c. 425, §12 (amd).]




B. Commercial Facilities Development Program, established under section 13120-P; and [2001, c. 703, §6 (new).]




C. Such other programs as the authority may by law be authorized to administer. [2001, c. 703, §6 (new).]

[2005, c. 425, §12 (amd).]


2. Programs and policies. In implementing its powers, duties, responsibilities and programs, the authority shall consider the state economic development strategy and the policies and activities of the department. [2001, c. 703, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-D. Board of trustees; appointment; chair; employees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-D. Board of trustees; appointment; chair; employees

1. Membership. The authority is governed by a board of trustees comprised of 7 voting members as follows:



A. Five members appointed by the Governor and subject to review by the joint standing committee of the Legislature having jurisdiction over economic development matters and to confirmation by the Senate; and [2001, c. 703, §6 (new).]




B. Two ex officio members:

(1) The Commissioner of Economic and Community Development or the commissioner's designee; and


(2) The Chief Executive Officer of the Finance Authority of Maine or the chief executive officer's designee.
[2005, c. 425, §13 (amd).]

[2005, c. 425, §13 (amd).]


2. Terms of office. Members appointed by the Governor are appointed for 4-year terms except that, for initial appointments, one member is appointed to a 2-year term, 2 members to 3-year terms and 2 members to 4-year terms. A member continues to hold office until a successor is appointed and qualified, but the term of the successor is not altered from the original expiration date of the holdover member's term. [2001, c. 703, §6 (new).]


3. Limitation on terms; removal. Except for the ex officio members, a member of the authority may serve no more than 2 full consecutive terms. Any member of the board may be removed by the Governor for cause. [2001, c. 703, §6 (new).]


4. Administration. The Commissioner of Economic and Community Development shall serve as chair of the board of trustees. The board of trustees shall elect one member as vice-chair, who shall serve as secretary, one member as treasurer and such other officers as the board of trustees may from time to time consider necessary. [2003, c. 281, §2 (amd).]


5. Meetings; compensation. All the powers of the authority may be exercised by the board of trustees in lawful meeting and a majority of the members is necessary for a quorum. Regular meetings of the board of trustees may be established by bylaw and no notice need be given to the members of the regular meeting. Each member is compensated according to the provisions of chapter 379. [2001, c. 703, §6 (new).]


6. Limitation of liability. A member of the board of trustees of the authority or an employee of the authority may not be subject to any personal liability for having acted within the course and scope of that person's membership or employment to carry out any power or duty under this subchapter. The authority shall indemnify any member of the authority, any member of any board of the authority and any employee of the authority against expenses actually and necessarily incurred by that person in connection with the defense of any action or proceeding in which that person is made a party by reason of past or present association with the authority. [2001, c. 703, §6 (new).]


7. Employees. The authority may employ an executive director and such other technical experts, agents and employees, permanent and temporary, that it requires and may determine their qualifications, duties and compensation. Permanent employees of the authority are eligible to elect to participate in the Maine State Retirement System, the state employee health plan under section 285, any state-deferred compensation plan or any other plan or program adopted by the members to the extent the members may determine. For required legal services, the authority may employ or retain its own counsel and legal staff. [2003, c. 281, §3 (amd).]


8. Establishment and operating expenses. The department shall pay the expenses that are reasonable and necessary to the establishment of the authority. Following its establishment, the operations and related expenses of the authority are subject to the availability of funding as provided in section 13120-F. [2001, c. 703, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-E. Agreements; contracts

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-E. Agreements; contracts

The authority, the department and the Finance Authority of Maine may enter into such agreements as the board of trustees determines to be in the best interests of the State for the authority to acquire, construct, maintain, operate and dispose of any or all facilities funded from bonds issued under section 13120-I. Any agreements must set forth the terms and conditions of the operation and be subject to all the terms and conditions of any trust indenture and covenants relating to revenue bonds. [2001, c. 703, §6 (new).] div>
The authority may contract with the Federal Government or its instrumentalities or agencies, this State or its agencies, instrumentalities or municipalities, public bodies, private corporations, community development corporations, partnerships, associations and individuals to carry out the purposes of this subchapter. [2001, c. 703, §6 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-F. Receive, use and invest funds

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-F. Receive, use and invest funds

The authority may receive and accept from any source allocations, appropriations, loans, grants and contributions of money or other things of value to be held, used or applied to carry out this subchapter, subject to the conditions upon which the loans, grants and contributions may be made, including, but not limited to, appropriations, allocations, loans, grants or gifts from any federal agency or governmental subdivision or the State and its agencies. [2001, c. 703, §6 (new).] div>
The authority may invest funds received from any source for carrying out this subchapter and expend interest and other earnings on those funds as appropriate to implement this subchapter, including use for program and administrative costs. [2001, c. 703, §6 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-G. Acquisition, use and disposition of property

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-G. Acquisition, use and disposition of property

All real and personal property owned by and in the name of the authority is property of the State and entitled to the privileges and exemptions of property of the State, except insofar as waived by the duly authorized contract or other written instrument of the authority or by this subchapter. The authority and the department shall agree upon and from time to time review the preferred status of property held or controlled by the authority and the department and necessary to either body's performing its statutory duty and shall arrange to sell, exchange, give or otherwise transfer title or possession of various properties between the authority and the department consistent with sound business management and as may serve the best interest of the State in the opinion of the authority and the department. The authority and the department may execute and record a deed or lease to effectuate the transfer. [2001, c. 703, §6 (new).] div>
The authority may acquire, use and dispose of real and personal property as follows. [2001, c. 703, §6 (new).]

1. Purchase, improve, lease and sell. Property may be purchased, improved, leased and sold, in whole or in part, to accomplish the development and redevelopment of commercial facilities as directed by the authority in accordance with the purposes of this subchapter. Revenues to the authority resulting from the lease, sale or other use of property in which the authority has an interest become operating revenues or assets of the authority. The authority may contract for services as necessary to accomplish this purpose. [2001, c. 703, §6 (new).]


2. Authority for transfers of interest in land to authority. Notwithstanding any other provision of law, upon the authority's request, on reasonable and fair terms and conditions and without the necessity for advertisement, order of court or action or formality other than the regular and formal action of the authorities concerned, counties, municipalities, public agencies or instrumentalities of the State, public service corporations and special districts may lease, lend, grant or convey to the authority real or personal property or rights in that property that may be necessary or convenient for the effectuation of the authorized purposes of the authority, including real and personal property or rights in that property already devoted to public use. As used in this subsection, the term "public service corporation" includes a public utility as defined in Title 35-A, section 102, subsection 13 and a corporation as defined in Title 13-C. [2003, c. 688, Pt. A, §3 (amd).]
div>
Facilities financed, acquired, constructed, operated or maintained under this subchapter, and land upon which the facilities are located are subject to the environmental laws of the State that are applicable to facilities owned or operated by the private sector. [2001, c. 703, §6 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-H. Taxation and fees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-H. Taxation and fees

Notwithstanding any other provision of law, for the purposes of this subchapter, transactions and property of the authority must be treated as follows. [2001, c. 703, §6 (new).]

1. Revenue obligation securities; exemption from taxation. Revenue obligation securities of the authority are issued for an essential public and governmental purpose, are public instruments and, together with interest and income, including the profit made from their transfer or sale, are exempt from taxation within the State. [2001, c. 703, §6 (new).]


2. Conveyances, leases, mortgages, deeds of trust; trust indentures; exemptions from taxation. Conveyances by or to the authority and leases, mortgages and deeds of trust or trust indentures by or to the authority are exempt from all taxation by the State or any of its political subdivisions, including, but not limited to, any applicable license, excise or other taxes imposed in respect of the privilege of engaging in any of the activities in which the authority may engage. [2001, c. 703, §6 (new).]


3. Property exemption from taxation and other assessments. Property acquired, held or transferred by the authority is exempt from all taxes and from betterments and special assessments of the city, town, county, State or any political subdivision of State Government or county or local governments. The authority may agree to make payments in lieu of taxes to the applicable political subdivisions. [2001, c. 703, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-I. Bonds

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-I. Bonds

1. Authorization. The authority may provide by resolution for the issuance of bonds for the purpose of funding the Speculative Industrial Buildings Fund, or any successor to the fund, for the construction of proposed commercial facilities and improvement of existing or acquired commercial facilities and for the fulfillment of other undertakings that it may assume. The bonds of the authority do not constitute a debt of the State or of any agency or political subdivision of the State but are payable solely from the revenue of the authority, and neither the faith nor credit nor taxing power of the State or any political subdivision of the State is pledged to payment of the bonds. Notwithstanding any other provision of law, any bonds issued pursuant to this subchapter are fully negotiable. If any member of the board of trustees whose signature appears on the bond or coupons ceases to be a member of the board of trustees before the delivery of those bonds, that signature is valid and sufficient for all purposes as if that member of the board of trustees had remained a member of the board of trustees until delivery. [2005, c. 425, §14 (amd).]


2. Resolution; prospective issues. The authority may, by resolution authorizing prospective issues, provide:



A. The manner of executing bonds and coupons; [2001, c. 703, §6 (new).]




B. The form and denomination of bonds or coupons; [2001, c. 703, §6 (new).]




C. Maturity dates; [2001, c. 703, §6 (new).]




D. Interest rates on bonds or coupons; [2001, c. 703, §6 (new).]




E. For redemption prior to maturity and the premium payable; [2001, c. 703, §6 (new).]




F. The place or places for the payment of interest and principal; [2001, c. 703, §6 (new).]




G. For registration if the authority determines it to be desirable; [2001, c. 703, §6 (new).]




H. For the pledge of all or any of the revenue for securing payment; [2001, c. 703, §6 (new).]




I. For the replacement of lost, destroyed or mutilated bonds; [2001, c. 703, §6 (new).]




J. For the setting aside and the regulation and disposition of reserve and sinking funds; [2001, c. 703, §6 (new).]




K. For limitation on the issuance of additional bonds; [2001, c. 703, §6 (new).]




L. For the procedure, if any, by which the contract with a bondholder may be abrogated or amended; [2001, c. 703, §6 (new).]




M. For the manner of sale and purchase of bonds; [2001, c. 703, §6 (new).]




N. For covenants against pledging of any of the revenue of the authority; [2001, c. 703, §6 (new).]




O. For covenants fixing and establishing rates and charges for use of the authority's facilities and services made available so as to provide funds that will be sufficient to pay all costs of operation and maintenance, to meet and pay the principal and interest of all bonds as they severally become due and payable, for the creating of such revenues for the principal and interest of all bonds and for the meeting of contingencies and the operation and maintenance of its facilities as the board of trustees determines; [2001, c. 703, §6 (new).]




P. For such other covenants as to rates and charges as the board of trustees determines; [2001, c. 703, §6 (new).]




Q. For covenants as to the rights, liability, powers and duties arising upon the breach by the authority of any covenant, condition or obligation; [2001, c. 703, §6 (new).]




R. For covenants as to the bonds to be issued, as to the issuance of those bonds in escrow and otherwise and as to the use and disposition of the proceeds; [2001, c. 703, §6 (new).]




S. For covenants as to the use of its facilities and their maintenance and replacement, and the insurance to be carried on them, and the use and disposition of insurance money; [2001, c. 703, §6 (new).]




T. For the issuance of bonds in series; [2001, c. 703, §6 (new).]




U. For the performance of any and all acts as may be in the discretion of the board of trustees necessary, convenient or desirable to secure bonds or that tend to make bonds more marketable; and [2001, c. 703, §6 (new).]




V. For the issuance of bonds on terms and conditions to effectuate the purpose of this subchapter. [2001, c. 703, §6 (new).]

[2001, c. 703, §6 (new).]


3. Money received. All money received from any bonds issued must be applied solely for loans to municipalities or local development corporations for speculative industrial buildings, for the construction of proposed commercial facilities and improvement of existing or acquired commercial facilities and for the fulfillment of other undertakings that are within the power of the authority. There is created a lien upon the money until so applied in favor of the bondholders or any member of the board of trustees as may be provided in respect of the bonds. [2005, c. 425, §15 (amd).]


4. Trust indenture. In the discretion of the board of trustees, bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company, located either within or outside the State. Such a trust indenture may pledge or assign the revenues of the authority or any part of it. Any trust indenture may set forth the rights and remedies of the bondholders and the trustee, restrict the individual right of action of bondholders and contain such other provisions as the board of trustees may consider reasonable and proper for the security of bondholders. Expenses incurred in carrying out any trust indenture may be treated as a part of maintenance. [2001, c. 703, §6 (new).]


5. Rights of bondholders. Provisions may be made for protecting and enforcing the rights and remedies of bondholders, including covenants as to acquisition of property, construction, maintenance, operation and repair, insurance and the custody, security and application of all money. [2001, c. 703, §6 (new).]


6. Depositories. Any trust company or bank having the powers of a trust company and located either within or outside the State may act as a depository of the proceeds of bonds and revenue and may furnish such indemnity or pledge such securities as may be required by the authority. [2001, c. 703, §6 (new).]


7. Tax free. The purposes of this subchapter being public and for the benefit of the people of the State, bonds of the authority are free from taxation by the State. [2001, c. 703, §6 (new).]


8. Revenue refunding bonds. The authority may issue revenue refunding bonds for the purpose of refunding revenue bonds issued under this subchapter. The issuance of any refunding bonds is the same as provided for in this subchapter relating to revenue bonds. [2001, c. 703, §6 (new).]


9. Default. In the event of default on bonds and in the event the default continues for a period of 3 months, action may be brought to enforce the rights of the bondholders by insuring that the operation by the trustees be in conformity with the covenants of the bonds or trust indenture. [2001, c. 703, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-J. Interest of trustee or employee

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-J. Interest of trustee or employee

1. Acquisition of interest. A member of the board of trustees or employee of the authority may not acquire or hold a direct or an indirect personal financial interest in:



A. An authority activity; [2001, c. 703, §6 (new).]




B. Property or facilities included, planned to be included or expected to directly benefit from an authority activity; or [2001, c. 703, §6 (new).]




C. A contract or proposed contract in connection with an authority activity. [2001, c. 703, §6 (new).]

When an acquisition is involuntary, the interest acquired must be disclosed immediately in writing to the board of trustees and the disclosure must be entered in the board of trustees' minutes. [2005, c. 425, §16 (amd).]


2. Present or past interest in property. If a member of the board of trustees or employee of the authority presently owns or controls, or owned or controlled within the preceding 2 years, a direct or an indirect interest in property known to be included or planned to be included in an authority activity, that member or employee shall disclose this fact immediately in writing to the board of trustees and the disclosure must be entered in the board of trustees' minutes. [2001, c. 703, §6 (new).]


3. Recusal. A member of the board of trustees or employee of the authority with an interest under subsection 2 may not participate in an action by the authority affecting that property. [2001, c. 703, §6 (new).]


4. Violation. A violation of this section is a Class E crime. [2001, c. 703, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-K. Annual report; audit

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-K. Annual report; audit

1. Report. The authority shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives and the joint standing committee of the Legislature having jurisdiction over economic development matters, not later than 120 days after the close of its fiscal year, a complete report on the activities of the authority. The report may also be provided to any other member of the Legislature and to any other person. The report must include all of the following:



A. A description of the authority's operations, including a description of projects assisted under this subchapter and the criteria used in selecting those projects; [2001, c. 703, §6 (new).]




B. An accounting of the authority's receipts and expenditures, assets and liabilities at the end of its fiscal year; [2001, c. 703, §6 (new).]




C. A schedule of the bonds and notes outstanding at the end of the authority's fiscal year and a statement of the amounts redeemed and issued during its fiscal year, including a report on its reserve funds; [2001, c. 703, §6 (new).]




D. A statement of the authority's proposed and projected activities for the ensuing year, the relationship of these activities to the State's economic development policies and the selection criteria expected to be used; [2001, c. 703, §6 (new).]




E. Recommendations as to further actions that may be suitable for achieving the purposes of this subchapter; [2001, c. 703, §6 (new).]




F. A statement of the defaults, if any, of persons, firms, corporations and other organizations receiving assistance under this subchapter; and [2001, c. 703, §6 (new).]




G. A summary of the actual and potential employment opportunities resulting from the authority's activities. [2001, c. 703, §6 (new).]

[2001, c. 703, §6 (new).]


2. Treasurer of State; annual financial report. The authority shall provide the Treasurer of State, within 120 days after the close of its fiscal year, its annual financial report certified by an independent certified public accountant, who may be the accountant or a member of the firm of accountants who regularly audits the books and accounts of the authority, selected by the authority. The authority is also subject to the provisions of chapter 11. The authority may combine for accounting purposes any or all funds established for its programs and activities. [2001, c. 703, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-L. Rules

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-L. Rules

Pursuant to chapter 375, the authority may adopt any rule, including its bylaws, necessary or useful for carrying out any of its powers or duties. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter II-A. [2001, c. 703, §6 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-M. Disclosure and confidentiality of records

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-M. Disclosure and confidentiality of records

1. Disclosure required. Notwithstanding subsections 2 and 3, the following must be made available to any person upon request reasonably describing the records to which access is sought or, if no request is made, in any manner and at any time that the authority may determine:



A. After filing of a written application or proposal for financial assistance, investment or property transfer, in a form specified by or acceptable to the authority:

(1) Names of recipients of or applicants for financial assistance or investment, including principals, where applicable;


(2) Amounts, types and general terms of financial assistance or investment provided to those recipients or requested by those applicants;


(3) Descriptions of projects and businesses that are benefiting or that will benefit from the financial assistance or investment;


(4) Names of transferors or transferees, including principals, of property to or from the authority, the general terms of transfer and the purposes for which transferred property will be used;


(5) The number of jobs and the amount of tax revenues projected or resulting in connection with a project; and


(6) Names of financial institutions participating in providing financial assistance or investment and the general terms of that financial assistance or investment;
[2001, c. 703, §6 (new).]




B. Any information pursuant to waiver considered satisfactory by the authority; [2001, c. 703, §6 (new).]




C. Information that, as determined by the authority, has already been made available to the public; and [2001, c. 703, §6 (new).]




D. Information necessary to comply with Title 1, section 407, subsection 1. [2001, c. 703, §6 (new).]

Information or records specified in a written request signed by the cochairs of a legislative committee must be provided to the legislative committee. The information or records may be used only for the lawful purposes of the committee and in any action arising out of any investigation conducted by it. [2001, c. 703, §6 (new).]


2. Confidential information. The following records are designated as confidential for purposes of Title 1, section 402, subsection 3, paragraph A:



A. A record obtained or developed by the authority in advance of the receipt of a formal written application or proposal, in a form specified by or acceptable to the authority, for financial assistance or investment to be provided by or with the assistance of the authority or in connection with a transfer of property to or from the authority. After receipt by the authority of the application or proposal, a record pertaining to the application or proposal is not confidential unless it meets the requirements of paragraphs B to G; [2001, c. 703, §6 (new).]




B. A record obtained or developed by the authority that fulfills the following requirements:

(1) A person, including the authority, to whom the record belongs or pertains has requested that the record be designated confidential; and


(2) The authority has determined that the record contains proprietary information or commercial or financial information, the release of which could be competitively harmful to the submitter of the information or that would result in loss of business or other significant detriment to any person, including the authority, to whom the record belongs or pertains;
[2001, c. 703, §6 (new).]




C. A financial statement or tax return of an individual or any other record obtained or developed by the authority, the disclosure of which would constitute an invasion of personal privacy, as determined by the authority; [2001, c. 703, §6 (new).]




D. A record that includes a financial statement or tax return obtained or developed by the authority in connection with any monitoring or servicing activity by the authority, pertaining to any financial assistance or investment provided or to be provided by or with the assistance of the authority; [2001, c. 703, §6 (new).]




E. A record obtained or developed by the authority that contains an assessment by a person who is not employed by the authority of the credit worthiness or financial condition of any person or project; [2001, c. 703, §6 (new).]




F. A financial statement or business and marketing plan in connection with any project receiving or to receive financial assistance or investment from the authority, if a person to whom the statement or plan belongs or pertains has requested that the record be designated confidential; and [2001, c. 703, §6 (new).]




G. A record that includes any financial statement, business plan or tax return obtained or developed by the authority in connection with the marketing of its property and the identification and qualification of potential investors. [2001, c. 703, §6 (new).]

For purposes of this section, an application by a potential investor is not an application for financial assistance or solicitation of investment. [2001, c. 703, §6 (new).]


3. Wrongful disclosure prohibited. A member of the board of trustees, officer, employee, agent, other representative of the authority or other person may not knowingly divulge or disclose records declared confidential by this section, except that the authority may, in its discretion, make or authorize any disclosure of information of the following types:



A. Impersonal, statistical or general information; [2001, c. 703, §6 (new).]




B. Information necessary in connection with processing an application for obtaining or maintaining an investment or financial assistance for a person or in connection with acquiring, maintaining or disposing of property; [2001, c. 703, §6 (new).]




C. Information disclosed to a financial institution or credit reporting service; [2001, c. 703, §6 (new).]




D. Information necessary to comply with a federal or state law or rule or with an agreement pertaining to financial assistance or investment; [2001, c. 703, §6 (new).]




E. Information to the extent the authority determines the disclosure necessary to the sale or transfer of revenue obligation securities; [2001, c. 703, §6 (new).]




F. Information necessary to ensure collection of an obligation in which the authority has or may have an interest; [2001, c. 703, §6 (new).]




G. Information obtained from records declared confidential by this section for introduction for the record in litigation or a proceeding in which the board has appeared; or [2001, c. 703, §6 (new).]




H. Information pursuant to a subpoena, request for production of documents, warrant or other order by competent authority, as long as the order appears to have first been served on the person to whom the confidential information sought pertains or belongs and as long as the order appears on its face or otherwise to have been issued or made upon lawful authority. [2001, c. 703, §6 (new).]

[2001, c. 703, §6 (new).]


4. Records on effective date. Whether a record in the possession of the authority on the effective date of this section is confidential must be determined pursuant to this section and not pursuant to the law in effect when the authority or any of its predecessors obtained the record and the record may be disclosed or divulged to the extent required or permitted by this section. [2001, c. 703, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-N. Speculative industrial building program

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-N. Speculative industrial building program

The authority may assist a municipality or local development corporation to construct a speculative industrial building by loaning the municipality or local development corporation money for construction or carrying costs or both for the project, subject to the following. [2005, c. 425, §17 (amd).]

1. Project. The following conditions apply to a project receiving money under this section.



A. The project must be within the scope of this subchapter, must be of public use and benefit and must reasonably be expected to accomplish one or more of the following:

(1) Create new employment opportunities;


(2) Retain or improve existing employment; or


(3) Improve the competitiveness of the occupant business.
[2001, c. 703, §6 (new).]




B. Not more than one unoccupied speculative industrial building project may be financed in a municipality. [2005, c. 425, §17 (amd).]




C. The authority shall charge interest on loans or funds provided under this section to the municipality or local development corporation for a speculative industrial building that remains unoccupied for 3 or more years following completion of the building. [2005, c. 425, §17 (amd).]




D. The authority shall adopt rules under chapter 375 with respect to:

(1) The methodology and criteria for allocating funds to speculative industrial building projects;


(2) The process through which municipalities and local development corporations must apply for speculative industrial building funds;


(3) Rates of interest, the duration of interest payments and any other terms to which municipalities and local development corporations must be subject under this paragraph; and


(4) Other matters necessary to the proper administration of this section.

Rules adopted under this paragraph are routine technical rules pursuant to chapter 375, subchapter 2-A. [2005, c. 425, §17 (amd).]

[2005, c. 425, §17 (amd).]


2. Obligations. The municipality or local development corporation receiving money under this section must:



A. Own, or hold on long-term lease, the site for the project; [2001, c. 703, §6 (new).]




B. Be responsible for and present evidence to the authority of its ability to carry out the project as planned; [2001, c. 703, §6 (new).]




C. Site and maintain the speculative industrial building on property that is appropriate to the size and location of the speculative industrial building; [2005, c. 425, §17 (amd).]




D. Provide and maintain, with funds other than those provided by the authority, an adequate access road from a public highway to the proposed site and provide and maintain water, sewer and power facilities. The municipality or local development corporation must be responsible for plowing out the plant site at all times and for landscaping the grounds surrounding the building until the building is occupied by a tenant; [2001, c. 703, §6 (new).]




E. Comply with applicable zoning, planning and sanitary regulations in the municipality where the speculative industrial building is to be located. A loan may not be approved and a certificate of approval for the project or for any subsequent enlargement or addition to the project may not be issued until the Department of Environmental Protection has certified to the authority that all licenses required by the authority have been issued or that none are required; and [2005, c. 425, §17 (amd).]




F. Make adequate provisions for insurance and fire protection and for maintenance of the speculative industrial building while it is unoccupied. [2005, c. 425, §17 (amd).]

[2005, c. 425, §17 (amd).]


3. Loan terms. Terms for a loan under this section are as follows.



A. The authority shall prescribe the terms and conditions of the loan. [2001, c. 703, §6 (new).]




B. Loans must be repaid in full, including interest and other charges, within 90 days after the speculative industrial building is occupied. [2005, c. 425, §17 (amd).]




C. A speculative industrial building financed by an authority loan may not be sold or leased without the express approval of the purchaser or lessee by the authority. If the municipality or local development corporation and the authority agree that a speculative industrial building is unlikely to be sold in the near future despite a marketing effort, the authority may permit an interim lease upon terms it considers appropriate for the protection of the Speculative Industrial Buildings Fund or any successor to the fund. Occupation of the premises under an interim lease does not require payment in full of the entire loan within 90 days, as provided in paragraph B. [2005, c. 425, §17 (amd).]

[2005, c. 425, §17 (amd).]


4. Marketing and promotion. The municipality or local development corporation receiving money under this section shall make a reasonable and continual effort to market the speculative industrial building for sale into private commercial use. Upon the request of the authority, the municipality or local development corporation shall present evidence of its marketing efforts and expenditures related to the speculative industrial building. [2005, c. 425, §17 (amd).]


5. Taxes. While a speculative industrial building under this section remains unoccupied and a first mortgage is held by the authority, it is property held for a legitimate public use and benefit and is exempt from all taxes and special assessments of the State or any of its political subdivisions. [2005, c. 425, §17 (amd).]


6. Municipality. A municipality may raise or appropriate money supporting and guaranteeing the obligation of a chamber of commerce, board of trade or local development corporation for the purpose of constructing a speculative industrial building subject to the provisions of this subchapter. [2005, c. 425, §17 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-O. Community Industrial Buildings Fund (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-O. Community Industrial Buildings Fund (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-P. Commercial Facilities Development Program

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-P. Commercial Facilities Development Program

1. Establishment; purpose. The Commercial Facilities Development Program is established within the authority to serve the following purposes:



A. Restore employment opportunities by serving as principal, partner, lender or investor in the acquisition and redevelopment of nonproductive commercial facilities for subsequent return to productive use through sale or lease; and [2003, c. 281, §8 (amd).]




B. Create employment opportunities in areas of economic need that are underserved by private investors by serving as principal, partner, lender or investor in the acquisition of property and development of commercial facilities for subsequent sale or lease into private productive use. [2003, c. 281, §8 (amd).]

In carrying out its duties under this section, the authority shall make all reasonable and appropriate efforts to maximize the leverage of its funds through partnership and risk-sharing arrangements with public and private organizations. [2003, c. 281, §8 (amd).]


2. Redevelopment of property. Except as provided in section 13120-Q, the authority may undertake the redevelopment of property as an owner or lender for subsequent use and sale under the following conditions:



A. The property has been previously and materially used as a commercial facility or the property is suitable for adaptive use as a commercial or industrial facility; [2003, c. 281, §8 (amd).]




B. The property is currently not in productive commercial use or is expected to be taken out of productive commercial use within the immediate future; [2001, c. 703, §6 (new).]




C. The property has not been placed under a purchase option or contract; [2001, c. 703, §6 (new).]




D. The authority, using due diligence, has determined that:

(1) There is a reasonable expectation that the property will become financially viable following its redevelopment; and


(2) The economic benefits, including the restoration of employment opportunities, expected to result from the redevelopment justify the risks associated with the authority's equity, security or other interest in the property; and
[2005, c. 425, §18 (amd).]




E. The municipality, local development corporation or another entity will provide funding for the project equal to 25% of the funding that the authority provides to the project. [2005, c. 425, §18 (amd).]

The authority may finance undeveloped land or personal property only if the undeveloped land or personal property is part of the overall redevelopment project. [2005, c. 425, §18 (amd).]


3. Development of property. Except as provided in section 13120-Q, the authority may undertake the development of property as an owner or lender for subsequent use and sale under the following conditions:



A. The property consists of real estate that is zoned, sited or otherwise suitable for development as a commercial facility; [2001, c. 703, §6 (new).]




B. The property is currently not in productive commercial use; [2001, c. 703, §6 (new).]




C. The property has not been placed under a purchase option or contract; [2001, c. 703, §6 (new).]




D. The authority, using due diligence, has determined that:

(1) There is a reasonable expectation that the property will become financially viable following its development;


(2) The development of the property will create employment opportunities and other economic benefits within the region; and


(3) The economic benefits expected to result from the development justify the risks associated with the authority's equity, loan or other interest in the property; and
[2005, c. 425, §18 (amd).]




E. The municipality, local development corporation or another entity will provide funding for the project equal to 25% of the funding that the authority provides to the project. [2005, c. 425, §18 (amd).]

The authority may finance undeveloped land or personal property only if the undeveloped land or personal property is part of the overall development project. [2005, c. 425, §18 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §13120-Q. Exceptions

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18-A: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Chapter 383: ECONOMIC AND COMMUNITY DEVELOPMENT (HEADING: PL 1987, c. 534, Pt. A, @17 (new))
Subchapter 9: MAINE RURAL DEVELOPMENT AUTHORITY (HEADING: PL 2001, c. 703, @6 (new))

§13120-Q. Exceptions

The authority, with the advice of the department, the Department of Labor, the State Planning Office and such other agencies it determines appropriate, may waive the requirements of section 13120-P, subsection 2, paragraph E and section 13120-P, subsection 3, paragraph E if the municipality has experienced a historical lack of private investment and it is reasonably expected that private investment will not be available to assist with project financing and one of the following conditions is met: [2001, c. 703, §6 (new).]

1. Sudden and severe economic dislocation. The property is located in a municipality that has experienced a sudden and severe economic dislocation, which may include but is not limited to:



A. The loss of a significant percentage of jobs within the municipality due to the closure or downsizing of a business or other employer; [2001, c. 703, §6 (new).]




B. The loss of a significant percentage of the municipality's tax base due to the closure or downsizing of a business or other commercial taxpayer; or [2001, c. 703, §6 (new).]




C. The unanticipated loss of a significant percentage or component of a municipality's economic development infrastructure as a result of an accident, natural disaster or other catastrophe; or [2001, c. 703, §6 (new).]

[2001, c. 703, §6 (new).]


2. Chronic and severe economic distress. The property is located in a municipality that has experienced long-term economic distress, as evidenced by factors that may include, but are not limited to:



A. An unemployment rate that is significantly greater than the average State unemployment rate; [2001, c. 703, §6 (new).]




B. The significant migration of workers or population out of the area; and [2001, c. 703, §6 (new).]




C. An average personal income that is significantly below the state average or considered to be at or below the poverty level as defined in Title 22, section 5321. [2001, c. 703, §6 (new).]

[2001, c. 703, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

USA Statutes : maine