An Act To Implement Recommendations of the Blue Ribbon Commission on Solid Waste Management
Maine Legislature, Session 123, LD 1908
Committee Amendment CA_A_S238 (Senate)
Amends: 38 MRSA §1310-A

COMMITTEE AMENDMENT "A " to S.P. 708, L.D. 1908, Bill, "An Act To 
Implement Recommendations of the Blue Ribbon Commission on Solid Waste 
Management" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRS A §1303-C, sub-§l-C is enacted to read: 
I-C. 
Bvpass. 
"Bypass" means any solid waste that is destined for disposal, 
processing or beneficial use at a solid waste facility but that cannot be disposed of, 
processed or beneficially used at that facility because of the facility's malfunction, 
insufficient capacity, inability to process or bum, downtime or any other comparable 
reason. 
Sec. 2. 38 MRS A §1310-N, sub-§l, ~, as amended by PL 1995, c. 465, Pt. A, 
§ 13 and affected by Pt. C, §2, is further amended to read: 
B. 
In the case of a disposal facility other than a facility owned by the State, the 
facility provides a substantial public benefit, determined in accordance with 
subsection 3-A, except that this paragraph does not apply to a facility owned by the 
State and in operation prior to June 1, 2007 or to an expansion of that facility; and 
Sec. 3. 38 MRS A §1310-N, sub-§l1 is enacted to read: 
11. Waste generated within the State. Consistent with the Legislature's findings in 
section 1302, a solid waste disposal facility owned by the State may not be licensed to 
accept waste that is not waste generated within the State. For purposes of this subsection, 
"waste generated within the State" includes residue and bypass generated by incineration, 
1 
processing and recycling facilities within the State or waste, whether generated within the 
State or outside of the State, if it is used for daily cover, frost protection or stability or is 
generated within 30 miles of the solid waste disposal facility. 
COMMITTEE AMENDMENT 
.. re . 
... 
COMMITTEE AMENDMENT "A " to S.P. 708, L.D. 1908 
Sec. 4. 38 MRS A §1310-AA, sub-§4, as enacted by PL 1995, c. 465, Pt. A, §22 
and affected by Pt. C, §2, is amended to read: 
4. Application. This section does not apply to facilities described in section 131 O-N, 
subsection 3-A, paragraph A or to facilities a facility owned by the State and in operation 
prior to June 1, 2007 or to an expansion of that facility. 
Sec. 5. 38 MRSA §1310-AA, sub-§5 is enacted to read: 
5. Modifications. Public benefit determinations may be revised by the department if 
the department finds that a material change in the underlying facts or circumstances upon 
which a public benefit determination was based has occurred or is proposed, including, 
but not limited to, a change related to disposal capacity. The department may require the 
holder of a public benefit determination to submit an application for modification of that 
determination if the department finds that a change in the underlying facts or 
circumstances has occurred or is proposed. 
Sec. 6. Report. By January 15,2008, the Department of Environmental Protection 
shall submit to the Joint Standing Committee on Natural Resources a report on funding 
options for the State's solid waste management program based on the report dated March 
2007 and titled "Report on Solid Waste Management Program Funding" that was 
submitted to the Joint Standing Committee on Natural Resources by the Department of 
Environmental Protection. The report must also include recommendations concerning 
potential sources of revenue from fees on the handling of construction and demolition 
debris, the production of construction and demolition debris wood fuel and the use of that 
wood fuel in the State sufficient to fund monitoring and compliance activities at facilities 
producing, disposing of, beneficially using or otherwise handling construction and 
demolition debris.' 
SUMMARY 
This amendment exempts from the provisions of the bill relating to public benefit 
determinations those solid waste disposal facilities that are owned by the State and 
currently in operation. It defines "waste generated within the State." It clarifies the 
reporting requirement in the bill to require the Department of Environmental Protection to 
submit a report on funding options for the State's solid waste management program, 
including recommendations concerning potential sources of revenue from fees relating to 
construction and demolition debris to fund monitoring and compliance activities. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/31/07 frac:.. 
LD 1908 
LR 2671(02) 
An Act To Implement Recommendations of the Blue Ribbon Commission on Solid Waste Management 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to the Department of Environmental Protection can be absorbed utilizing existing budgeted 
resources. 
LR267 1 (02) - Fiscal Note - Page 1 of 1