An Act Relating to Alternate Directors for Public Waste Disposal Corporations
Maine Legislature, Session 123, LD 0301
Committee: Natural Resources
Sponsors: AUSTIN, TURNER, BROWNE, FITTS, FLOOD, HAMPER, PLUMMER, PRESCOTT, RICHARDSON, ROBINSON
Amends: 38 MRSA §1304-B

Legislative Document 
No. 301 
H.P.245 
House of Representatives, January 19,2007 
An Act Relating to Alternate Directors for Public Waste Disposal 
Corporations 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative AUSTIN of Gray. 
Cosponsored by Senator TURNER of Cumberland and 
'IJ1~ 
JJ7.11!I1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BROWNE of Vassalboro, FITTS of Pittsfield, FLOOD of Winthrop, 
HAMPER of Oxford, PLUMMER of Windham, PRESCOTT of Topsham, RICHARDSON of 
Warren, ROBINSON of Raymond. 
Printeu nil ft'l:ydell paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1304-B, sub-§5, as amended by PL 1995, c. 81, § 1, is further 
amended to read: 
5. 
Public waste disposal corporations. 
Notwithstanding any law, charter, 
ordinance provision or limitation to the contrary, pursuant to atlj' an interlocal agreement 
entered into in accordance with Title 30-A, chapter 115, atlj' 2 or more municipalities 
may organize or cause to be organized or may participate in one or more corporations 
organized as nonprofit corporations under Title 13, chapter 81, or Title 13-B for the 
purpose, among other permissible purposes, of owning or operating atlj' one or more 
waste facilities described in subsection 4, paragraph A,.-aOO--a. A subscribing municipality 
may agree in aRY Sl:ICA an interlocal agreement to pay fees, assessments or other payments 
as described in subsection 4, paragraph B, for such ~ term of years and on such other 
terms as the interlocal agreement may provide and may pledge the full faith and credit of 
the municipality to the same extent provided in subsection 4, paragraph C. 
The 
applicable interlocal agreement or the articles of incorporation or the bylaws of the 
corporation may provide that the municipal officers of a municipality participating in the 
corporation may appoint an alternate director or alternate directors, or may delegate to a 
municipal official the authority for the appointment, to act as the municipality's 
representative to the corporation's board of directors in the absence of the director or 
directors elected by the municipal officers. A corporation described in this subsection is 
a public municipal corporation as that term is used in Title 36, section 651, subsection 1, 
paragraph D, and its real and personal property located in subscribing, participating and 
associate member municipalities is exempt from municipal property taxation to the extent 
provided by Title 36, section 651, subsection 1, paragraph D. The applicable interlocal 
agreement or the articles of incorporation or bylaws of the corporation must provide that: 
A. 
The corporation must be organized and continuously thereafter operated as a 
nonprofit corporation, no part of the net earnings of which may inure to the benefit of 
any member, director, officer or other private person; 
B. 
The directors of the corporation must be elected by the municipal officers of the 
municipalities participating in the corporation; and 
C. 
Upon dissolution or liquidation of the corporation, title to all of its property vests 
in one or more of the municipalities participating in the corporation. 
Any interlocal agreement complying with the requirements of this subsection and 
subsection 6 must be a properly authorized, legal, valid, binding and enforceable 
obligation of the municipality, regardless of whether the agreement was authorized, 
executed or delivered prior to or after the effective date of this subsection. Any 
corporation organized in a manner that satisfies the requirements set forth in this 
subsection and subsection 6, whether organized prior to or after the effective date of this 
subsection, is deemed for all purposes as organized pursuant to this subsection. If so 
provided in the applicable interlocal agreement, any such corporation has the power, in 
addition to any other powers that may be delegated under Title 30-A, chapter 115, to 
issue, on behalf Of one or more of the municipalities participating in the corporation, in 
order to finance the facilities, revenue obligation securities issued in accordance with 
Page I - 123LR0928(Ol)-1 
Title 10, chapter 11 0, subchapter~ .1 and any other bonds, notes or debt obligations that 
municipalities are authorized to issue by applicable law. For these purposes, the term 
"municipal officers" as used in Title 10, chapter 110, subchapter J.¥, .1 means the board of 
directors of any corporation described in this subsection. 
Title 10, section 1064, 
subsection 6, may not be construed to prohibit the assignment or pledge as collateral 
security of any contract of a municipality authorized by this section or of any or all of the 
payments under this section, regardless of whether the provisions of subsection 4, 
paragraph C, are applicable to the contract or payments. The provisions of Title 10, 
sections 1063 and 1064, subsection 1, paragraph A and paragraph C, subparagraph (4) do 
not apply to revenue obligation securities issued by any public waste disposal corporation 
1 
described in this subsection. 
SUMMARY 
This bill allows a municipality participating in a public waste disposal corporation to 
elect one or more alternate directors to serve in the absence of the director elected by the 
municipal officers.