PUBLIC LAWS
First Regular Session of the 122nd

CHAPTER 19
S.P. 79 - L.D. 226

An Act To Amend the Applied Technology Development Centers Statutes

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 5 MRSA §12004-G, sub-§33-E, as enacted by PL 1999, c. 731, Pt. UUU, §1, is amended to read:

     Sec. 2. 5 MRSA §13105, sub-§2, ¶C, as enacted by PL 2003, c. 673, Pt. M, §8, is amended to read:

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 applied technology development centers under section 15321; and

     Sec. 3. 5 MRSA c. 407, sub-c. 2 is amended by repealing the subchapter headnote and enacting in its place the following:

SUBCHAPTER 2
TECHNOLOGY CENTERS

     Sec. 4. 5 MRSA §15321, as amended by PL 2001, c. 562, §3 and PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:

§15321. Technology centers

     1. Establishment; purpose. The Applied Technology Development Center System technology centers, referred to in this section as the "system centers," is are established. The purpose of the system centers is to permit early-stage development of technology-based businesses while minimizing or eliminating debilitating overhead expenses. The system is self-managed, state-coordinated centers, strategically placed throughout the State, are an integral component of the State's efforts to foster new technology-based businesses and consists of a network of self-managed, state-coordinated centers strategically placed throughout the State. The goals of the system centers include the following:

A. The retention of successful start-up businesses in the State;
B. The improvement of opportunities for workers through the creation of technologically advanced jobs;
C. The encouragement of private-sector initiatives;
D. The renovation and utilization of vacant commercial real estate; and
E. The generation of new sources of revenue for local and state tax bases.

     2. Administration. The following provisions govern the administration of the system centers.

A. The system is administered by the Applied Technology Development Center System Director, referred to in this section as the "director," who is appointed by the Commissioner of Economic and Community Development. The director shall report to the Commissioner of Economic and Community Development in the execution of the director's responsibilities. The duties of the director include, but are not limited to:

(1) Assisting in the recruitment of tenants for the system;
(2) Providing marketing services for the system; and
(3) Providing business training for tenants of the system, including:

(a) Developing a business plan; and
(b) Providing information and assistance regarding legal issues and financing.

B. The Department of Economic and Community Development shall establish an Applied a Technology Development Center System Coordinating Board that consists of interested parties in the State to coordinate system center activities. The Applied Technology Development Center System Coordinating Board consists of at least the following members:

(1) The Commissioner of Economic and Community Development or the commissioner's designee;
(2) The director;
(3) A representative from each applied technology development center, chosen by that center;
(4) A representative from the University of Maine System, chosen by the Chancellor of the University of Maine System;
(5) A representative of the Maine Community College System, chosen by the President of the Maine Community College System;
(6) A representative of a nonprofit organization that is funded by the State and promotes the State to business entities, chosen by that organization;
(7) An attorney, chosen by the Commissioner of Economic and Community Development;
(8) A financial expert, chosen by the Commissioner of Economic and Community Development; and
(9) A representative of the institute.

C. Each applied technology development center is governed by its own board of directors. Each board of directors shall establish standards for the selection of tenants.
D. The Department of Economic and Community Development shall determine where the applied technology development centers are to be located. The Center for Environmental Enterprise in South Portland, the Target Technology Center in Orono, the Thomas M. Teague Biotechnology Park in Fairfield and the Loring Biotechnology Incubator in Limestone are exempt from a determination made under this paragraph.

     3. Technology centers. The following provisions govern applied technology development centers.

A. An applied A technology development center may be incorporated as a nonprofit organization, be part of a nonprofit organization, be incorporated as a for-profit organization or be part of a for-profit organization. The following provisions govern a for-profit applied technology development center.

(1) Services made available to an applied a technology development center by the center director must be made available to all tenants of a for-profit center.
(2) A for-profit center in a targeted technology may apply for available funding. A for-profit center selected for funding shall accept the funding as a loan that may be paid back in the form of cash, equity or royalties as agreed upon by the for-profit center and the Department of Economic and Community Development.

B. The Department of Economic and Community Development and the director shall assist in the recruitment of tenants for the applied technology development centers that are representative of the targeted technologies. Sources of tenant recruitment may include nonprofit and academic institutions, entrepreneurial start-up companies referred to the system by a technology-based trade organization or economic development organization and system-recruited and self-referred start-up companies.
C. Each applied technology development center shall provide shared, low-cost space to selected tenants and be designed to be self-sufficient with regard to operational costs and structural maintenance. Existing real estate must be considered where suitable. Specific business support tailored to each tenant must be provided by existing organizations such as the small business development centers and regional economic development districts. Each applied technology development center must have simultaneous-broadcast or interactive-television capability or access to these capabilities nearby to facilitate common training for the system.
D. The records and proceedings of the applied technology development centers are not considered public for the purposes of Title 1, chapter 13.

     4. Funding. The following provisions govern funding for applied technology development centers.

A. An applicant may not receive more than $750,000 from the system in an initial funding for an applied a technology development center.
B. An entity that requests initial funding for an applied technology development center shall obtain or must have obtained at least 25% of the funding from nonstate sources. These sources may include in-kind donations, federal grants, federal funding, local funding initiatives and private foundation grants. The Applied Technology Development Center System Coordinating Board shall determine whether the matching funds meet this requirement. The Center for Environmental Enterprise in South Portland, the Target Technology Center in Orono, the Thomas M. Teague Biotechnology Park in Fairfield and the Loring Biotechnology Incubator in Limestone must meet this requirement in order to receive funding under this subsection.

     5. Relationship with academic institution. An applied A technology development center shall establish a relationship with at least one academic institution in this State. The Applied Technology Development Center System Coordinating Board shall establish guidelines for such a relationship and determine whether an applied a technology development center has met the requirements of this subsection.

     6. Rule-making authority. The Department of Economic and Community Development may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter II-A 2-A.

Effective June 29, 2005.

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