An Act To Provide for the Protection of Communities That Host a Solid Waste Disposal Facility or Incineration Facility
Maine Legislature, Session 123, LD 1431
Committee Amendment CA_A_H493 (House)
Amends: 38 MRSA §1303-C, 38 MRSA §1310-N, 38 MRSA §2170-A, 38 MRSA §2172, 38 MRSA §2176

COMMITTEE AMENDMENT ,,~ " to H.P. 1005, L.D. 1431, Bill, "An Act To 
Provide for the Protection of Communities That Host a Solid Waste Disposal Facility or 
Incineration Facility" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide for the Protection of Communities That Host a Solid 
Waste Disposal Facility' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1303-C, sub-§15-B is enacted to read: 
IS-B. Host community. "Host community" means any town, township or city that 
is the geographic site of a solid waste disposal facility or any immediately contiguous 
town, township or city if such town, township or city can demonstrate to the department 
that it incurs a direct financial impact related to any necessary development or 
maintenance of infrastructure or to any necessary provision of services as a result of the 
location or operation of that solid waste disposal facility. 
Sec. 2. 38 MRSA §1310-N, sub-§9, as enacted by PL 1995, c. 465, Pt. A, §16 
and affected by Pt. C, §2, is amended to read: 
9. Host community agreements. The following provisions apply to an application 
for a license for a commercial solid 'Haste disposal facility a solid waste disposal facility, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1005, L.D. 1431 
except that this subsection does not apply to a facility owned by the State or to a facility 
described in section 1303-C, subsection 6, paragraphs E or F. 
A. The department may not issue a license for a commercial solid ... ,caste disposal 
facilit)' unless the applicaflt has demonstrated that it has: solid waste disposal facility 
unless a host community agreement is in place as described in this subsection. 
(1) Complied '.vith municipal ordinances requiring host community benefits; 
(2) 
Negotiated in good faith with the mUflicipalit)' in '.vhich the facili!)' is 
proposed to be located to formulate a host commuaity agi'eemeat; 
(3) De'f'eloped and '.vill implement a host communi!)' agreement; or 
(4) 
Renegotiated, if appropriate, the terms of an eKistiflg host communi!)' 
agreement. 
A-I. A solid waste disposal facility must have in place a host community agreement 
with all applicable host communities during the development and operation and 
through closure of that facility, except that a solid waste disposal facility owned by a 
municipality that meets the provisions of section 1303-C, subsection 6, paragraph B 
is not required to have in place a host community agreement with the host community 
that is the geographic site of the facility. A host community agreement for the 
purposes of this section must, when applicable, include the provisions set forth in 
paragraph B, except that a host community agreement in effect prior to the effective 
date of this paragraph is not required to include the provisions set forth in paragraph 
B. 
B. Based upon the nature, size and projected impacts of the proposed facility, host 
community agreements must, when applicable, include provisions regarding: 
(1) Improvement, maintenance and repair of local roads directly affected by 
traffic to and from the facility and of other infrastructural elements directly 
affected by the facility; 
(2) 
Development and maintenance of adequate local emergency response 
capacity to accommodate the facility; 
(3) 
Financial support for personnel or other means to provide technical 
assistance to the municipality in interpreting data and to advise the municipality 
on other technical issues concerning the facility; and 
(4) 
Other issues determined on a case-specific basis by the applicant and 
municipality to be appropriate given the nature of the proposed facility. 
The department shall adopt rules concerning the expenditure of funds made available 
to a municipality under the provisions of subparagraph (3) to ensure that funds are 
used to provide direct technical support to the municipality necessary for the conduct 
of municipal planning and decision making. 
C. In the event that the parties to a host community agreement required under this 
subsection cannot agree on the terms of agreement, the parties shall submit the 
dispute for resolution in accordance with this paragraph. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
"to H.P.I005, L.D. 1431 
C 1) The parties shall submit the dispute for mediation. The commissioner shall 
present to the parties a list of 5 experienced and qualified mediators. Each party 
may strike 2 names from the list. 
After each party has been afforded 2 
opportunities to strike, either the sole remaining person or the first unchallenged 
person on the list must be appointed by the commissioner as the mediator 
assigned to mediate the dispute. In assembling the list of proposed mediators, the 
commissioner may consider the panel of mediators offered by the Office of Court 
Alternative Dispute Resolution Service created in Title 4, section 18-B. 
(2) If mediation fails to result in an agreement between the parties, the parties 
shall submit the dispute for arbitration. The commissioner shall present to the 
parties a list of 5 experienced and qualified arbitrators. Each party may strike 2 
names from the list. After each party has been afforded 2 opportunities to strike, 
either the sole remaining person or the first unchallenged person on the list must 
be appointed by the commissioner as the arbitrator assigned to determine the 
dispute. In assembling the list of proposed arbitrators. the commissioner may 
consider the panels of arbitrators offered by the Office of Court Alternative 
Dispute Resolution Service created in Title 4. section 18-B or by the American 
Arbitration Association or a successor organization. 
(a) Both the facility and the host community will be bound by the decision of 
the arbitrator. 
(b) Unless otherwise provided for in this subparagraph. the arbitration must 
be conducted in accordance with the rules of the American Arbitration 
Association 
or a successor organization for the conduct of commercial 
arbitration proceedings. 
(c) Costs associated with the arbitration must be shared equally between the 
parties. 
Cd) The arbitrator shall submit the decision to the commissioner. 
(e) Either party may appeal the decision of the arbitrator to the Superior 
Court. 
Sec. 3. 38 MRSA §2170-A is enacted to read: 
§2170-A. Host community agreements 
The provisions of this section apply to a solid waste disposal facility owned or 
operated by the office. 
1. Issuance of license. The department may not issue a license for a solid waste 
disposal facility unless a host community agreement is in place in accordance with this 
section. 
2. Aereement required. A solid waste disposal facility must have in place a host 
community agreement with all applicable host communities during the development and 
operation and through closure of that facility. A host community agreement for the 
purposes of this section must, when applicable, include provisions relating to the impact 
payments set forth in section 2176. 
COMMITTEE AMENDMENT 
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COMMrTTEE AMENDMENT .. A " 
to H.P. 1005, L.D. 143] 
Sec. 4. 38 MRSA §2172, as amended by PL J 995, c. 656, Pt. A, §52, is repealed 
and the following enacted in its place: 
§2172. Dispute resolution 
In the event that the office and a host community cannot agree on the tenns of a host 
community agreement pursuant to section 2170-A, the parties shall submit the dispute for 
resolution in accordance with this section. 
1. Mediation. The parties shall submit the dispute for mediation. The commissioner 
shall present to the parties a list of 5 experienced and qualified mediators. Each party 
may strike 2 names from the list. After each party has been afforded 2 opportunities to 
strike, either the sole remaining person or the first unchallenged person on the list must be 
appointed by the commissioner as the mediator assigned to mediate the dispute. 
In 
assembling the list of proposed mediators, the commissioner may consider the panel of 
mediators offered by the Office of Court Alternative Dispute Resolution Service created 
in Title 4, section l8-B. 
2. Arbitration. If mediation fails to result in an agreement between the parties, the 
parties shall submit the dispute for arbitration. The commissioner shall present to the 
parties a list of 5 experienced and qualified arbitrators. Each party may strike 2 names 
from the list. After each party has been afforded 2 opportunities to strike, either the sole 
remaining person or the first unchallenged person on the list must be appointed by the 
commissioner as the arbitrator assigned to determine the dispute. In assembling the list 
of proposed arbitrators, the commissioner may consider the panels of arbitrators offered 
by the Office of Court Alternative Dispute Resolution Service created in Title 4, section 
18-B or by the American Arbitration Association or its successor organization. 
A. Both the office and the host community will be bound by the decision of the 
arbitrator. 
B. 
Unless otherwise provided for in this subsection, the arbitration must be 
conducted in accordance with the rules of the American Arbitration Association or its 
successor organization for the conduct of commercial arbitration proceedings. 
C. Costs associated with the arbitration must be shared equally between the parties. 
D.. 
The arbitrator shall submit the decision to the commissioner. 
E. Either party may appeal the decision of the arbitrator to the Superior Court. 
Sec. 5. 38 MRSA §2176, sub-§2, as enacted by PL 1989, c. 585, Pt. A, §7, is 
amended to read: 
2. 
Emergency response. 
Development and maintenance of adequate local 
emergency response capacity; aHd 
Sec. 6. 38 MRSA §2176, sub-§3, as enacted by PL 1989, c. 585, Pt. A, §7, is 
amended to read: 
3. Monitoring. Financial support for on-site, municipally employed personnel or for 
other means determined necessary to enable the municipality to monitor the facility's 
compliance with state and local requirements.,.; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·A .. t. H.P. lOllS, L.D. 1431 
Sec. 7. 38 MRS A §2176, sub-§4 is enacted to read: 
4. Other issues. Other issues determined on a case-specific basis by the applicant 
and office to be appropriate given the nature of the proposed facility.' 
SUMMARY 
This amendment expands on the provisions of the bill that deal with host community 
agreements. 
1. It changes the definition of "host community." 
2. It prohibits the Department of Environmental Protection from issuing a license 
unless a host community agreement is in place. 
3. 
It requires commercial and publicly owned solid waste disposal facilities, 
including municipal facilities, to have in place host community agreements during the 
development and operation and through closure ofthe facility. 
4. 
If the host community and the facility cannot agree on the terms of agreement, 
this amendment requires the parties to submit to mediation and to arbitration if mediation 
is not successful. 
5. It adds a provision requiring consideration of case-specific issues in connection 
with host community benefits for state-owned facilities. 
6. It adds a mandate preamble. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/30/07 
LD 1431 
LR 866(02) 
An Act To Provide for the Protection of Communities That Host a Solid Waste Disposal Facility or 
Incineration Facility 
Fiscal Note for Bill as Amended by Committee Amendment" A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
State Mandates 
Required Activity 
Unit Affected 
This bill requires all solid waste disposal facilities have host community agreements 
Municipality 
with contiguous municipalities. The additional costs ofthis state mandate are 
expected to be significant. Pursuant to the Mandate Preamble, the two-thirds vote of 
all members elected to each House exempts the State from the constitutional 
requirement to fund 90% of the additional local costs. 
Fiscal Detail and Notes 
Costs 
Significant 
The additional costs to the Department of Environmental Protection can be absorbed utilizing existing budgeted 
resources. 
LR0866(02) - Fiscal Note - Page 1 of 1