An Act To Promote and Monitor Competition in the Solid Waste Industry LR1822(02)
Maine Legislature, Session 121, LD 1515
Committee Amendment CA_A_S163 (Senate)
Amends: 38 MRSA §2112, 38 MRSA §2124-A

COMMITTEE AMENDMENT "4,, to S.P. 507, L.D. 1515, Bill, "An 
Act 
To 
Promote 
and 
Monitor 
Competition in the 
Solid 
Waste 
Industry" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 38 MRSA §2112 is enacted to read: 
§2112. 
Sma11 container contract restrictions 
1. 
Definitions. 
As 
used in this 
section. 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Small container" means a 2- to 10-cubic-yard cQn;:ainer 
or dumpster. 
B. 
"Small containerized solid waste hauling service" means 
providing 
solid waste 
hauling 
service 
to 
customers 
by 
providing the customer with a small container or dumpster 
that 
is 
picked 
up 
and 
emptied 
mechanically 
using 
a 
front-loading or rear-loading truck. 
"Small containerized 
solid waste hauling service" does not include hand pickup 
service or service using a compactor that is attached to or 
part of a small container. 
Page l-LR1822(2) 
COMMITTEE AMENDMENT 
~;>*,~. 
COMMITTEE AMENDMENT "A" to S.P. 507, L.D. 1515 
C. 
"Solid waste hauling service" means 
the collection, 
removal and transportation to a solid waste transfer station 
or disposal site of trash and garbage. 
As 
used in this 
paragraph. trash and garbage do not include construction and 
demolition debris. medical waste. hazardous waste. organic 
waste. special waste such as contaminated soil or sludge or 
recyclable materials. 
2. 
Contracts. 
Contracts 
for 
the 
provision 
of 
small 
containerized solid waste hauling service to customers located in 
this State are governed by the following provisions. 
A. 
If 
a 
contract 
under 
this 
subsection 
contains 
an 
automatic renewal provision. the contractor shall notify the 
customer 
by mail between 
and 
days prior to the 
contract termination date that if the customer does not, 
within 60 days of receipt of the contractor's notification. 
notify 
the 
contractor 
of 
the 
customer's 
intention 
to 
terminate the contract. the contract will be automatically 
renewed. 
Notice of termination by the customer may be by 
any 
reasonable 
method. 
including 
mail. 
electronically 
transmitted 
facsimile 
and 
e-mail. 
A contract 
may 
not 
contain terms that require a customer to provide notice of 
termination prior to the time frames provided for in this 
paragraph. 
B. 
The financial charge for early termination of a contract 
under this subsection 
may not exceed 3 times the current 
monthly charge. 
C. 
A contract under this subsection may not require the 
customer to inform a contractor concerning prices or other 
terms offered by competitors or require the customer to 
afford the contractor an opportunity to match or respond to 
a competitor's offer. 
This subsection does not apply to contracts in force on the 
effective date of this subsection. 
Sec. 2. 38 MRSA §2124-A, as enacted by PL 1995, c. 588, §4, 
is amended by adding at the end a new paragraph to read: 
The 
report must include 
an analysis of 
how 
changes in 
available disposal capacity have affected or are likely to affect 
disposal prices. 
When the office determines that a decline in 
available landfill capacity has generated or has the potential to 
generate supracompetitive prices. it shall include this finding 
in its report and shall include recommendations for legislative 
or regulatory changes as necessary.' 
COMMITTEE AMENDMENT 
&:~~ 
t~\~· 
COMMITTEE AMENDMENT .. A· to S.P. 507, L.D. 1515 
SUMMARY 
This amendment replaces the bill. 
The amendment requires 
contractors 
in the 
small 
container 
commercial 
trash hauling 
business to notify a 
customer with a contract containing an 
automatic renewal provision between 60 and 90 days prior to the 
contract termination date that if the customer does not, within 
days, notify the contractor of the customer' s intention to 
terminate 
the 
contract, 
the 
contract will 
be 
automatically 
renewed. 
The 
amendment 
also 
limits 
the 
charge 
for 
early 
termination 
of 
a 
small 
container 
commercial 
trash 
hauling 
contract to a maximum of 3 times the current monthly charge. 
The 
amendment 
also prohibits 
these 
contracts 
from 
requ~r~ng the 
customer to inform the contractor of the prices or terms offered 
by competitors. 
The amendment also provides that these contract 
restrictions do not apply to current contracts. 
The amendment 
also requires the Executive Department, State Planning Office tp 
report 
on 
how 
changes 
in 
available 
disposal 
capacity 
have 
affected or are likely to affect disposal prices. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/09/03 ;lJ;?ae 
Office of Fiscal and Program Review 
LD 1515 
An Act To Promote and Monitor Competition in the Solid Waste 
Industry 
LR1822(02) 
Fiscal Note for Bill as Amended by Committee Amendment;41 1ft; 3 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR1822(2) - Fiscal Note - Page 1 of 1