An Act Regarding the Transfer of Licenses for Energy Recovery Facilities
Maine Legislature, Session 124, LD 1476
Committee Amendment CA_A_S292 (Senate)

COMMITTEE AMENDMENT "A" to S.P. 551, L.D. 1476, Bill, "An Act 
Regarding the Transfer of Licenses for Energy Recovery Facilities" 
Amend the bill by striking out all of the emergency preamble (page I, lines 1 to 12 in 
L.D.) 
Amend the bill in section I in § 131 O-Q in subsection I in the 4th line (page I, line 20 
in L.D.) by striking out the following: "~Except as provided in subsection 2, the" and 
inserting the following: 'The' 
Amend the bill in section 1 in § 131 O-Q in subsection I in the 9th line (page I, line 25 
in L.D.) by inserting after the following: "entity" the following: 'and the department may 
not approve the transfer of the license of a solid waste facility subject to subsection 2 
unless the provisions of that subsection are satisfied' 
Amend the bill in section I in § 131 O-Q by striking out all of subsection 2 and 
inserting the following: 
'2. Transfers of solid waste license for a facility that incinerates municipal solid 
waste or special waste. In addition to the provisions of subsection I, during the stated 
term of any waste handling contract between a solid waste facility that incinerates 
municipal solid waste or special waste and the host community in which the facility is 
geographically sited, the department may approve the· transfer of a solid waste facility 
license from the solid waste facility only after the expiration of a due diligence review 
period for the host community in which the facility is geographically sited, which must 
conclude within 180 days of the date ofming of the application for transfer of the license. 
For purposes of this section, any change of owner or operator of the solid waste facility, 
whether accomplished through sale, merger, lease, sale of stock, assignment or otherwise, 
is subject to the requirement set forth in this subsection. Any facility owned wholly or in 
part by a regional association pursuant to section 1304-B, subsection 5 is exempt from 
this subsection. A transfer to a host community in which the facility is geographically 
sited is exempt from this subsection. 
Page I - 124LR1984(02)-1 
COMMITTEE AMENDMENT 
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I 
. COMMITTEE AMENDMENT 'fr' to S.P. 551, L.D. 1476 
The board shall decide all applications for transfer of a license subject to this subsection. 
The board shall hold a public hearing on a transfer application within or in the vicinity of 
the municipality in which the facility is located after expiration of the due diligence 
review period prescribed in this subsection.' 
Amend the bill by striking out illl of the emergency clause (page 2, lines 14 and 15 in 
L.D.) 
SUMMARY 
This amendment authorizes the Department of Environmental Protection to approve 
the transfer of a solid waste facility license during the stated term of a waste handling 
contract between a solid waste facility that incinerates municipal solid waste or special 
II 
waste and its host community only after the expiration of a due diligence review period 
for the host community. The amendment removes the provision in the bill that required 
the proposed new owner to apply for a new license and it removes the provision in the 
bill that required the written consent of the host community. The amendment gives 
jurisdiction over transfer applications that are subject to the new requirements to the 
Board of Environmental Protection and requires the board to hold a public hearing on the 
transfer application. 
The amendment clarifies that for purposes of this law "host 
community" means the town in which the facility is geographioally sited and it adds sale 
of stock as a method of ownership change that is subject to the requirements of the bill. 
The amendment exempts regional associations and a transfer to the facility's host 
community from the bill's requirements. The amendment also removes the emergency 
preamble and clause. 
FISCAL NOTE REQUlRED 
(See Attached) 
COMMITTEE AMENDMENT 
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Approved: 05/31109 Mac 
124thMAINE LEGISLATURE 
LD 1476 
LR 1984(02) 
An Act Regarding the Transfer of Licenses for Energy Recovery Facilities 
Fiscal Note for Bill as Amended by Committee Amendment '4" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The additional costs to the Department of Environmental Protection associated with approving the transfer of a solid 
waste facility license and other administrative duties can be absorbed within existing budgeted resources. 
LR 1984(02) - Fiscal Note - Page I of I