LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
683
MAY 1, 2024 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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H.P. 972 - L.D. 1517
An Act to Establish the Social Equity Program
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. 5 MRSA §12004-I, sub-§6-K is enacted to read:
6-K.
Economic Social Equity Program Advisory Not Authorized 5 MRSA
Development Committee §13302
Sec. A-2. 5 MRSA c. 395 is enacted to read:
CHAPTER 395
SOCIAL EQUITY PROGRAM
§13301. Social equity program established
In accordance with the provisions of this chapter, the Department of Economic and
Community Development, referred to in this chapter as "the department," shall establish
and administer a social equity program, referred to in this chapter as "the program," to
increase workforce development programs and provide support to individuals who are
members of impacted communities and businesses that are owned by members of impacted
communities. For purposes of this chapter, "impacted community" means a racial, ethnic
or tribal population that has experienced incarceration at rates disproportionate to the racial,
ethnic or tribal population's rate of criminality starting in or about the year 1971 and as a
result the racial, ethnic or tribal population has experienced direct or indirect discrimination
in access to housing, employment and education. The department may employ consultants,
contract for services or enter into agreements with private and public entities, such as other
state agencies, as necessary for the establishment and implementation of the program as
long as costs associated with the program do not exceed $300,000 per biennium.
§13302. Social Equity Program Advisory Committee
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The Social Equity Program Advisory Committee, established by section 12004-I,
subsection 6-K and referred to in this chapter as "the advisory committee," serves to advise
the department on the development and implementation of the program. The advisory
committee has 5 members who are members of impacted communities. Two members of
the advisory committee are appointed by the President of the Senate and 3 members are
appointed by the Speaker of the House. The first-named member appointed by the Speaker
of the House is the chair of the advisory committee. The Commissioner of Economic and
Community Development, or the commissioner's designee, shall convene the advisory
committee as necessary to carry out its advisory duties.
§13303. Report
By December 15, 2026, and biennially thereafter, the department shall file a report with
the joint standing committee of the Legislature having jurisdiction over economic and
community development matters and the joint standing committee of the Legislature
having jurisdiction over cannabis matters detailing the components of the program, the
progress and impact of the program and its components and the activities of the advisory
committee. Each joint standing committee may report out legislation in the regular or
special session of the Legislature in which the report was filed.
Sec. A-3. 28-B MRSA §1101, sub-§2, ¶C-1 is enacted to read:
C-1. Money credited to the fund may be expended by the department or transferred by
the department to other state agencies to fund the social equity program established in
Title 5, chapter 395.
Sec. A-4. 28-B MRSA §1101, sub-§2, ¶D, as enacted by PL 2023, c. 444, §1, is
amended to read:
D. Any funds remaining in the fund after expenditures made in accordance with
paragraphs A to C C-1 must be used to fund:
(1) The cost of the tax deductions for business expenses related to carrying on a
business as a cannabis establishment or a testing facility provided pursuant to Title
36, section 5122, subsection 2, paragraph PP and Title 36, section 5200‑A,
subsection 2, paragraph BB. By June 1st annually, the State Tax Assessor shall
determine the cost of those deductions during the prior calendar year and report
that amount to the State Controller, who shall transfer that amount from the
remaining funds in the fund to the General Fund; and
(2) The cost of the position in the Bureau of Revenue Services within the
department to administer the tax deductions provided pursuant to Title 36, section
5122, subsection 2, paragraph PP and Title 36, section 5200‑A, subsection 2,
paragraph BB. By June 1st annually, the commissioner shall determine the cost of
the position in the bureau to administer those deductions during the prior calendar
year and report that amount to the State Controller, who shall transfer that amount
from the remaining funds in the fund to the General Fund.
PART B
Sec. B-1. Department of Labor; apprenticeship navigator. The Department
of Labor shall establish a 2-year apprenticeship navigator position with the responsibility
of increasing access to workforce development opportunities for impacted communities,
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including, but not limited to, apprenticeship and preapprenticeship programs. For purposes
of this Part, "impacted community" means a racial, ethnic or tribal population that has
experienced incarceration at rates disproportionate to the racial, ethnic or tribal population's
rate of criminality starting in or about the year 1971 and as a result the racial, ethnic or
tribal population has experienced direct or indirect discrimination in access to housing,
employment and education.
Sec. B-2. Department of Economic and Community Development; business
support services; seed funds. The Department of Economic and Community
Development shall increase access to business support services to impacted communities
by:
1. Providing outreach to impacted communities to support business development by
and business success of members of impacted communities;
2. Providing technical assistance to support business development by and business
success of members of impacted communities;
3. Providing funds to members of impacted communities starting, maintaining or
expanding a business; and
4. Providing education and counseling about available tax credits to members of
impacted communities.
Sec. B-3. Cannabis business advocate. The Commissioner of Administrative and
Financial Services shall hire a cannabis business advocate as an employee of the
Department of Administrative and Financial Services for a period of up to 2 years. The
cannabis business advocate may be physically located within or near the office of cannabis
policy, referred to in this section as "the office," but is not an employee of the office. The
duties of the cannabis business advocate include:
1. Assisting licensees under the Cannabis Legalization Act and registrants under the
Maine Medical Use of Cannabis Act, referred to in this section collectively as
"participants," in navigating the regulatory process and resolving problems with the office;
2. Identifying areas in which participants have problems in dealings with the office;
3. Receiving complaints from participants, mediating conflicts between participants
and the office and, when appropriate, making recommendations to the director of the office
with respect to these complaints. Within 3 months of receiving recommendations, the
director of the office shall provide a formal response to the cannabis business advocate on
all recommendations submitted;
4. Proposing changes in the administrative practices of the office to mitigate problems
identified under subsections 1, 2 and 3; and
5. Maintaining a record of the volume, nature and resolution status of complaints
received from participants and providing the director of the office with this information by
November 1st of each year.
Sec. B-4. Reports; authority to report out legislation. By December 15, 2026,
the Department of Labor, the Department of Economic and Community Development and
the Department of Administrative and Financial Services shall separately file a report with
the joint standing committee of the Legislature having jurisdiction over labor matters, the
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joint standing committee of the Legislature having jurisdiction over economic and
community development matters and the joint standing committee of the Legislature
having jurisdiction over cannabis matters. The departments must include in their reports
details on the activities and impact of their efforts required under this Part. The Department
of Administrative and Financial Services shall also include in its report the volume, nature
and resolution of complaints received by the cannabis business advocate established in
section 3 of this Part.
Sec. B-5. Appropriations and allocations. The following appropriations and
allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Adult Use Cannabis Public Health and Safety Fund and Municipal Opt-In Fund
Z263
Initiative: Establishes one limited-period Public Service Coordinator II position for a
cannabis business advocate effective August 1, 2024 through July 31, 2026 and provides
funding for related All Other costs.
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
Personal Services $0 $118,854
All Other $0 $9,453
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $128,307
ADMINISTRATIVE AND FINANCIAL
SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2023-24 2024-25
OTHER SPECIAL REVENUE FUNDS $0 $128,307
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $0 $128,307
ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF
Social Equity Program N495
Initiative: Allocates ongoing funds for the costs to implement and administer a social equity
program to increase workforce development programs and provide support to individuals
who are members of impacted communities and businesses that are owned by members of
impacted communities.
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
All Other $0 $300,000
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $300,000
ECONOMIC AND COMMUNITY
DEVELOPMENT, DEPARTMENT OF
DEPARTMENT TOTALS 2023-24 2024-25
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OTHER SPECIAL REVENUE FUNDS $0 $300,000
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $0 $300,000
LABOR, DEPARTMENT OF
Maine Apprenticeship Program Z375
Initiative: Establishes one limited-period CareerCenter Consultant position effective
August 1, 2024 through July 31, 2026 to increase access to workforce development
opportunities for impacted communities and provides funding for related All Other costs.
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
Personal Services $0 $79,335
All Other $0 $9,500
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $88,835
LABOR, DEPARTMENT OF
DEPARTMENT TOTALS 2023-24 2024-25
OTHER SPECIAL REVENUE FUNDS $0 $88,835
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $0 $88,835
SECTION TOTALS 2023-24 2024-25
OTHER SPECIAL REVENUE FUNDS $0 $517,142
__________ __________
SECTION TOTAL - ALL FUNDS $0 $517,142
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Statutes affected:
Bill Text ACTPUB , Chapter 683: 28-B.1101