Resolve, "Resolve, To Direct the Department of Environmental Protection To Consolidate the Management of Solid Waste
Maine Legislature, Session 122, LD 1777
Committee Amendment CA_A_S545 (Senate)

COMMITTEE AMENDMENT ,A, to S.P. 694, L.D. 1777, Resolve, "Resolve, To 
Direct the Department of Environmental Protection To Consolidate the Management of 
Solid Waste" 
Amend the resolve by striking out all of the title and substituting the following: 
'Resolve, To Establish a Blue Ribbon Commission on Solid Waste 
Management' 
Further amend the resolve by striking out everything after the title and before the 
summary and inserting in its place the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this resolve establishes the Blue Ribbon Commission on Solid Waste 
Management; and 
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. 
Commission established. 
Resolved: 
That the Blue Ribbon 
Commission on Solid Waste Management, referred to in this resolve as "the 
commission," is established to study the management of solid waste in this State; and be 
it further 
Sec. 2. Membership. Resolved: That the commission consists of 9 members 
having a broad range of expertise in the area of solid waste management policy appointed 
as follows : 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT -A" to S.P. 694, L.D. 1777 
1. Three members appointed by the President of the Senate, including at least one 
member of the Senate with knowledge of solid waste management matters and at least 
one public member with expertise in solid waste management matters; 
2. Four members appointed by the Speaker of the House, including at least one 
member of the House with knowledge of solid waste management matters and at least 
one public member with expertise in solid waste management matters; 
3. The Commissioner of Environmental Protection or the commissioner's designee; 
and 
4. The Director of the State Planning Office within the Executive Department or the 
director's designee; and be it further 
Sec. 3. Appointments; chair. Resolved: That all appointments must be made 
no later than 30 days following the effective date of this resolve. 
The appointing 
authorities shall notify the Executive Director of the Legislative Council once all 
appointments have been completed. The first-named Senate member and the first-named 
House member are cochairs of the commission and shall call and convene the first 
meeting of the commission no later than July 30, 2006; and be it further 
Sec. 4. Duties. Resolved: That the commission shall undertake a comprehensive 
review of the management of solid waste in this State: 
1. The commission shall give priority consideration to the following issues: 
A. The State's importation and exportation of municipal solid waste and construction 
and demolition debris. The commission's review must include an evaluation of the 
economic and environmental impacts of the importation, processing and disposal of 
construction and demolition debris and of any imposed limitation on the burning of 
construction and demolition debris; 
B. A management structure for how solid waste should be managed in the State, 
taking into consideration the current management structure for solid waste in the 
State, trends in solid waste management, solid waste management models, state solid 
waste policies, future solid waste management needs of the State and the work done 
by the Executive Department, State Planning Office pursuant to the Maine Revised 
Statutes, Title 38, section 2123-B; and 
C. The solid waste management hierarchy as specified in Title 38, section 2101. 
2. The commission shall also review the following: 
A. 
The definition of "host community" for the purpose of eligibility for host 
community benefits; 
B. Municipal solid waste incineration; 
C. The state recycling and waste reduction goals specified in Title 38, section 2132; 
and 
D. Other matters considered relevant by the commission; and be it further 
Sec. 5. Authorized number of meetings; public comment. Resolved: That 
the commission is authorized to hold 10 meetings, including at least one meeting at which 
the commission provides an opportunity for public comment; and be it further 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT~" to S.P. 694, L.D. 1777 
Sec. 6. Report. Resolved: That, no later than January 1,2007, the commission 
shall submit a report of its fmdings, together with any necessary implementing 
legislation, to the Joint Standing Committee on Natural Resources. The report must 
include recommendations with respect to the appropriate solid waste management regime 
in this State, including the management of construction and demolition debris, and the 
appropriate solid waste management hierarchy for this State. 
The joint standing 
committee of the Legislature having jurisdiction over natural resources matters may 
report out a bill during the First Regular Session of the I23rd Legislature concerning the 
findings and recommendations of the commission; and be it further 
Sec. 7. 
Extension. Resolved: 
That, if the commission requires a limited 
extension of time to complete its study and make its report, it may apply to the 
Legislative Council, which may grant an extension; and be it further 
Sec. 8. 
Compensation. 
Resolved: 
That the legislative members of the 
commission are entitled to receive the legislative per diem, as defined in the Maine 
Revised Statutes, Title 3, section 2, and reimbursement for travel and other necessary 
expenses related to their attendance at authorized meetings of the commission. Public 
members not otherwise compensated by their employers or other entities that they 
represent are entitled to receive reimbursement of necessary expenses and a per diem 
equal to the legislative per diem for their attendance at authorized meetings of the 
commission; and be it further 
Sec. 9. Outside funding for consultant. Resolved: That the commission may 
seek outside funds to fund the costs of contracting with a consultant or expert to provide 
support to the commission. Contributions to support the work of the commission may not 
be accepted from any party having pecuniary or other vested interest in the outcome of 
the matters being studied. Any person, other than a state agency, desiring to make a 
fmancial or in-kind contribution must certify to the Legislative Council that is has no 
pecuniary or other vested interest in the outcome of the study. Such certification must be 
made in the manner prescribed by the Legislative Council. All contributions are subject 
to approval by the Legislative Council. All funds accepted must be forwarded to the 
Executive Director of the Legislative Council along with an accounting record that 
includes the amount of funds, the date the funds were received, from whom the funds 
were received and the purpose of and any limitation on the use of those funds. The 
Executive Director of the Legislative Council shall administer any funds received by the 
commission. 
The executive director shall notify the chair of the commission when 
sufficient funding has been received; and be it further 
Sec. 10. Stafrmg. Resolved: That the Department of Environmental Protection 
shall provide primary staff support to the commission. At the request of the commission, 
the Executive Department, State Planning Office shall provide staffmg assistance to the 
commission; and be it further 
Sec. 11. Commission meetings. Resolved: That meetings of the commission 
are public proceedings and records of the commission are public records as defmed in the 
laws governing freedom of access, the Maine Revised Statutes, Title 1, chapter 13. 
Sec. 12. Appropriations and allocations. The following appropriations and 
allocations are made. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to S.P. 694, L.D. 1777 
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ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Remediation and Waste Management 0247 
Initiative: Allocates funds from the Solid Waste Management Fund for costs associated 
with departmental coordination and professional facilitation of stakeholder meetings at 
various locations statewide. 
OTHER SPECIAL REVENUE FUNDS 
2005-06 
2006-07 
All Other 
$0 
$15,000 
lO 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
$15,000 
ENVIRONMENTAL PROTECTION, DEPARTMENT 
OF 
DEPARTMENT TOTALS 
2005-06 
2006-07 
OTHER SPECIAL REVENUE FUNDS 
$0 
$15,000 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$15,000 
LEGISLATURE' 
Study Commissions - Funding 0444 
Initiative: Provides a base allocation of $500 in fiscal year 2006-07 in the event outside 
funding is received to fund the costs of contracting with a consultant to provide additional 
support to the Blue Ribbon Commission on Solid Waste Management. 
OTHER SPECIAL REVENUE FUNDS 
2005-06 
2006-07 
All Other 
$0 
$500 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
$500 
LEGISLATURE 
DEPARTMENT TOTALS 
2005-06 
2006-07 
OTHER SPECIAL REVENUE FUNDS 
$0 
$500 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$500 
SECTION TOTALS 
2005-06 
2006-07 
OTHER SPECIAL REVENUE FUNDS 
$0 
$15,500 
SECTION TOTAL - ALL FUNDS 
$0 
$15,500 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT -A: to S.P. 694, L.D. 1777 
Emergency clause. In view of the emergency cited in the preamble, this resolve 
takes effect when approved. ' 
SUMMARY 
This amendment replaces the resolve. The amendment establishes the Blue Ribbon 
Commission on Solid Waste Management to undertake a comprehensive study of solid 
waste management in this State. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/29/06 .?dac:.. 
LD 1777 
LR 2925(02) 
Resolve, to Direct the Department of Environmental Protection to Consolidate the Management of 
Solid Waste 
Fiscal Note for Bill as Amended by Committee Amendment it" 
Committee: Natural Resources 
Appropriations/Allocations 
Other Special Revenue Funds 
Legislative Study 
Fiscal Note Required: Yes 
Fiscal Note 
Current Costs - Legislative Study 
2005-06 
$0 
2006-07 
$15,500 
Projections 
2007-08 
$0 
Projections 
2008-09 
$r 
The projected legislative cost (not reflected in the above allocations) of the Blue Ribbon Commission on Solid Waste 
Management is $9,150 in fiscal year 2006-07. The Legislature'S budget includes $20,000 in fiscal year 2006-07 for 
legislative studies. Whether the amounts are sufficient to fund all studies will depend on the number of studies 
authorized by the Legislative Council and the Legislature. The bill includes an Other Special Revenue Funds 
allocation to the Solid Waste Management Fund within the Department of Environmental Protection of$15,000 in 
fiscal year 2006-07 for departmental coordination and professional facilitation of meetings at various locations 
throughout the state. There is also a base allocation to the Legislature of $500 in fiscal year 2006-07 in the event that 
outside funding is received to contract with a consultant to provide support to the Blue Ribbon Commission on Solid 
Waste Management. 
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LR2925(2) - Fiscal Note - Page 1 of 1