Sec. 1. 5 MRSA §13070-P is enacted to read:

§13070-P.__Compliance with Environmental Standards for Subsidized

Employers

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

A.__"Major violation" means a violation of environmental laws under Title 38 that:

(1)__Results in significant environmental harm or risk to human health;

(2)__Presents an imminent and substantial endangerment of human health and safety or the environment; or

(3)__Is knowingly, intentionally or recklessly committed so as to constitute criminal conduct.

B.__"Taxpayer incentive payment" means any grant payment or tax credit, reimbursement or forgiveness made pursuant to:

(1)__The business equipment tax reimbursement under Title 36, chapter 915;

(2)__The Maine Employment Tax Increment Financing Act;

(3)__The jobs and investment tax credit under Title 36, section 5215;

(4)__The research expense tax credit under Title 36, section 5219-K; or

(5)__The shipbuilding facility credit under Title 36, chapter 919.

2.__Restrictions on public assistance payments.__An employer that has not corrected a major violation of Title 38 within 120 days from the date of the Department of Environmental Protection's issuance of a notice of major violation is ineligible to receive taxpayer incentive payments until the Department of Environmental Protection certifies that the major violation has been corrected and that the employer is in compliance with the terms of any related consent agreement, consent order or court order.