An Act Regarding the Transfer of Licenses for Energy Recovery Facilities (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1476
Sponsors: HOBBINS, BEAUDETTE, GOODALL, SIMPSON, SULLIVAN, BEAUDOIN, CASAVANT, DUCHESNE, PILON
Amends: 38 MRSA §1310-Q

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
FIRST R.EGUT JAR SESSION-2009 
Legislative Document 
No. 
S.P.551 
In Senate, May 7, 2009 
An Act Regarding the Transfer of Licenses for Energy Recovery 
Facilities 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee oli Natural Resources suggested and ordered printed. 
Presented by Senator HOBBINS of York. 
9t9(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative BEAUDETTE of Biddeford and 
Senators: GOODALL of Sagadahoc, SIMPSON of Androscoggin, SULLIVAN of York, 
Representatives: BEAUDOIN of Biddeford, CASAVANT of Biddeford, DUCHESNE of 
Hudson, PILON of Saco,V ALENTINO of Saco. 
. 
Printed on recycled paper 
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 legislation p~ohibits the transfer of a solid waste license ,upon the 
change in ownership of a facility that incinerates solid waste, and requires that the new 
owners of the facility apply for a new license; and 
. Whereas, it is essential that this legislation become law immediately in order to 
ensure that the hostcommunities of certain solid waste facilities retain certain rights upon 
the change of ownership of those facilities; 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 enacted by the People ofthe State of Maine as follows: 
Sec. 1. 38 MRSA §1310-Q, a.s amended by PL 2005, c. 612, §3, is further 
amended to read: 
§J310-Q. Transfer of license 
1. Transfer. Ne A person may not transfer a license issued pursuant to this Title 
without the transfer of the license being approved by the departmept prior to transfer of 
the ownership of the property, facility or structure that constitutes or is part of the solid 
waste disposal facility. +he Except as provided in subsection 2, the department, at its 
discretion, may require that the proposed new owner of the facility apply fot a new 
license or may approve the transfer of the existing license upon a satisfactory showing 
that the new owner can abide its terms and conditions and will be able to comply with the 
provisions of this Title, except that the department may not approve the transfer of an 
existing license of a municipaL solid waste disposal facility to a private entity. The 
department shall consider the extent to which the disposal facility was sited and 
developed and is currently operated to meet the capacity needs of municipalities within a 
·specific geographic region. The department shall approve the transfer of licenSe when, iIi 
addition to all other requirements of,this Title, the applicant has demonstrated that: 
A. The facility will continue to be operated t9 meet the municipal disposal capacity 
needs for which the facility was sited and developed and for which it is currently 
operated; . 
B. 
The applicant has made substantially equivalent, alternative provisions to satisfy 
these disposal capacity needs; or 
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C. . These disposal capacity needs no longer exist. 
2. Transfers of solid waste license for a facility that incinerates solid waste. 
During the stated term of any waste handling contract between a solid waste facility that 
incinerates solid waste and its host community, the department may not· approve the 
transfer of a solid waste facility license from the solid waste facility and shall require that 
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the proposed new owner of the solid waste facility apply for a new license. For purposes 
of this section, any change of owner or operator of the solid waste facility, whether 
accomplished through sale, merger, lease, assignment or otherwise, is subject to the 
license requirement set forth in this section. 
The department may not grant a license for a proposed new owner of a solid waste 
facility prior to: 
. 
A. The expiration of a due diligence review period for the host community, which 
must conclude within 180 days of the date of filing of the application for the new 
license; 
B. The receipt of written consent of the host community; and 
C. A public hearing and review conducted by the board after completion of the due 
diligence review conducted in accordance with paragraph A. 
Sec. 2. Retroactivity. This Act applies retroactively to April I, 2009. 
Emergency clause.· In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill prohibits the Department of Environmental Protection from approving the 
transfer of a solid waste facility license during the stated term of a waste handling 
contract between a solid waste facility that incinerates solid waste and its host 
community. Under this bill, the department may not grant a new license to the new 
owner of a solid waste facility until the expiration of a due diligence review period for the 
host community, the receipt of written consent of the host community and a public 
hearing and review conducted by the Board of Environmental.Protection.