D. Pine Tree Development Zone benefits may not be provided based upon any property, employees or positions transferred by the business or affiliated businesses into to a Pine Tree Development Zone qualified business activity from a location elsewhere in the State nonqualified activity;

E. A Pine Tree Development Zone may not consist of more than 20 noncontiguous parcels of property;

F. All property included within the boundaries of a Pine Tree Development Zone must be suitable for one One or more qualified Pine Tree Development Zone business activities must be a permissible activity in the Pine Tree Development Zone;

G. All property included within a Pine Tree Development Zone must meet one of the following:

(1) The property is located within a market area for which the labor market unemployment rate is greater than the state unemployment rate at the time of the application; or

(2) The property is included within a county in which the average weekly wage is below the state average weekly wage at the time of the application.

In the case of a multijurisdictional or joint application, the requirements of this paragraph are met if the combined unemployment rate of the cooperating units of local government meets the requirements of subparagraph (1) or the average weekly wage of the cooperating units of local government, on a per-employed-worker basis, meets the requirements of subparagraph (2); and

H. The restrictions contained in paragraph G may be waived for property that is contained within a labor market area that has sustained a greater than 5% loss of population or employed workers during the 3-year period immediately preceding the time of application if the loss was caused by business closings.

Sec. 6. 30-A MRSA §5250-K, sub-§§3 and 5, as enacted by PL 2003, c. 688, Pt. D, §2, are amended to read:

3. Effective date. The establishment of a Pine Tree Development Zone is effective upon preliminary designation by the