An Act To Amend the Dates Associated with the State's Recycling and Waste Reduction Goals
Maine Legislature, Session 122, LD 0406
Committee: Natural Resources
Sponsors: COWGER
Amends: 38 MRSA §2112, 38 MRSA §2132

Legislative Document 
No. 406 
S.P. 130 
In Senate, January 25, 2005 
An Act To Amend the Dates Associated with the State's Recycling 
and Waste Reduction Goals 
Submitted by the Executive Department, State Planning Office pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator COWGER of Kennebec. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §2112, sub-§2, as enacted by PL 2003, c. 338, 
§1, is amended to read: 
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. 
±Ris-~~-~-Be~--a~~~y-~~-€e~~~a€~£--ia-~~~-~--~Re 
e~~ee~ive-aa~e-e~-~Ris-saesee~ieBT 
Sec. 2. 38 MRSA §2132. sub-§l, as amended by PL 2001, c. 22, 
§2, is further amended to read: 
1. 
State recycling goal. 
It is the goal of the State to 
recycle or compost, by January 1, 
6gg~ £QQ2, 50% of the municipal 
solid waste tonnage generated each year within the State. 
Sec. 3. 38 MRSA §2132, sub-§ I-A. as enac ted by PL 2001, c. 22, 
§3, is amended to read: 
I-A. 
State waste reduction goal. 
It is the goal of the 
State to reduce the aaaaal biennial generation of municipal solid 
waste tonnage by 5% by January 1, 
6gg~ 2009 and by an additional 
5% 
every subsequent 
years. 
This 
reduction in solid waste 
tonnage, after January 1, 
6G\H 
~009, is a biennial goal. 
The 
baseline for calculating this reduction is the 
;1,999 2003 solid 
waste generation data gathered by the office. 
Sec. 4. 38 MRSA §2132. sub-§2. as amended by PL 1995, c. 465, 
Pt. A, §42 and affected by Pt. C, §2, is further amended to read: 
2. 
Goal revision. 
The office shall recommend revisions, if 
appropriate, to the state recycling goal and waste reduction goal 
established in this section aBa-£Ra~~-~~~~~~&8&-~egye~ieB 
~ea±. 
The 
office shall 
submit 
its 
recommendations 
and 
any 
implementing legislation to the joint standing committee of the 
Legislature having jurisdiction over natural resource matters. 
SUMMARY 
This bill accomplishes the following. 
1. 
It eliminates language that limited the application of 
contracts for the provision of small containerized solid waste 
hauling services. 
2. 
It extends the date by which the State's recycling goal 
of 50% must be met. 
3. 
It establishes the State's waste reduction goal of 5% as 
a biennial rather than an annual reduction and extends the date 
by which the goal must be met.