An Act To Increase the Recycling Rate in Maine
Maine Legislature, Session 125, LD 1320
Committee: Environment and Natural Resources
Sponsors: WELSH, SAVIELLO, CAIN, CHAPMAN, DUCHESNE, GRAHAM, KNAPP
Amends: 38 MRSA §2133, 38 MRSA §2201

Legislative Document 
No. 1320 
H.P. 966 
House of Representatives, March 28, 2011 
An Act To Increase the Recycling Rate in Maine 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative WELSH of Rockport. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: CAIN of Orono, CHAPMAN of Brooksville, DUCHESNE of Hudson, 
GRAHAM of North Yarmouth, KNAPP of Gorham. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §2133, sub-§2-B, as amended by PL 2003, c. 567, §1, is 
further amended to read: 
2-B.  Household hazardous waste disposal.  From January 1, 2012 to December 31, 
2017, a municipality shall semiannually receive and safely dispose of household 
hazardous waste from residents of the municipality. The office shall provide assistance to 
a municipality in establishing a household hazardous waste disposal program required 
under this subsection.  The office may, within available resources, award grants to 
eligible municipalities, regional associations, sanitary districts and sewer districts for 
household hazardous waste collection and disposal programs.  In implementing this 
program, the office shall attempt to: 
A.  Coordinate the household hazardous waste collection programs with overall 
recycling and waste management; 
B.  Encourage regional economies of scale; 
C.  Coordinate programs between private and public institutions; 
D.  Maximize opportunities for federal grants and pilot programs; and 
E.  By January 1, 2002 and as necessary thereafter, fund capital improvements and 
operating expenses to facilitate the development of collection programs throughout 
the State for hazardous waste that is universal waste, as identified in board rules, 
generated 
by 
households, 
small-quantity 
generators, 
public 
schools 
and 
municipalities. 
Preference in allocating resources under this subsection must be given to municipalities 
that participate in a household hazardous waste collection region as defined in subsection 
2-D. 
At a minimum, the office shall award grants to public schools and municipalities for 
reasonable costs incurred as a result of managing waste mercury-added products 
generated by those public schools and municipalities, in compliance with the 
requirements in sections 1663 and 1664, that would not otherwise be incurred by 
complying with existing laws, rules or regulations as of July 15, 2002. 
Sec. 2.  38 MRSA §2133, sub-§6-A is enacted to read: 
6-A.  Corrugated cardboard.  A municipality with a population greater than 2,000 
shall receive, recycle and, if possible, sell all corrugated cardboard disposed of in the 
municipality.  Funds derived from the sale of cardboard under this subsection must accrue 
to the municipality to be applied to the expenses of the municipality in carrying out the 
municipality's duties under this section.  The office shall provide assistance to a 
municipality in establishing a corrugated cardboard recycling program required under this 
subsection. 
Sec. 3.  38 MRSA §2133, sub-§6-B is enacted to read: 
6-B.  Household yard waste.  A municipality with a population greater than 2,000 
shall receive and compost household yard waste from residents of the municipality.  The 
office shall provide assistance to a municipality in establishing a household yard waste 
composting program required under this subsection. 
Sec. 4.  38 MRSA §2201, 3rd ¶, as amended by PL 2005, c. 618, §21, is further 
amended to read: 
Funds related to administration may be expended only in accordance with allocations 
approved by the Legislature for administrative expenses directly related to the office's and 
the department's programs, including actions by the department necessary to abate threats 
to public health, safety and welfare posed by the disposal of solid waste.  Funds related to 
operations may be expended only for expenses in implementing a municipal hazardous 
waste disposal program under section 2133, subsection 2-B, corrugated cardboard 
recycling program under section 2133, subsection 6-A and household yard waste 
composting program under section 2133, subsection 6-B or in accordance with 
allocations approved by the Legislature and solely for the development and operation of 
publicly owned facilities owned or approved by the office and for the repayment of any 
obligations of the office incurred under article 3.  These allocations must be based on 
estimates of the actual costs necessary for the office and the department to administer 
their programs, to provide financial assistance to regional associations and to provide 
other financial assistance necessary to accomplish the purposes of this chapter.  
Beginning in the fiscal year ending on June 30, 1991 and thereafter, the fund must 
annually transfer to the General Fund an amount necessary to reimburse the costs of the 
Bureau of Revenue Services incurred in the administration of Title 36, chapter 719.   
Allowable expenditures include "Personal Services," "All Other" and "Capital 
Expenditures" associated with all office activities other than those included in the 
operations account. 
SUMMARY 
This bill: 
1.  Requires municipalities, from January 1, 2012 to December 31, 2017, to 
semiannually receive household hazardous waste; 
2.  Requires a municipality with a population greater than 2,000 to receive, recycle 
and, if possible, sell all cardboard disposed of in the municipality; 
3.  Requires a municipality with a population greater than 2,000 to receive and 
compost household yard waste; and 
4.  Allows municipal expenses incurred in implementing the requirements of this bill 
to be paid by the Executive Department, State Planning Office from the Maine Solid 
Waste Management Fund.