An Act To Stabilize Solid Waste Management Funding
Maine Legislature, Session 125, LD 1278
Committee Amendment CA_A_H776 (House)
Amends: 38 MRSA §2201, 38 MRSA §2203-A

COMMITTEE AMENDMENT" A" to H.P. 937, L.D. 1278, Bill, "An Act To 
Stabilize Solid Waste Management Funding" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 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 
fees imposed on the disposal of construction and demolition debris and residue from the 
processing of construction and demolition debris may be expended only for the state cost 
share to municipalities under the closure and remediation cost-sharing program for solid 
waste landfills established in section 131 O-F. 
Funds related to operations may be 
expended only 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. 
Sec. 2. 38 MRS A §2202, sub-§2, as enacted by PL 1989, c. 585, Pt. A, §7, is 
repealed. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 937, L.D. 1278 
Sec. 3. 38 MRSA §2203-A, as amended by PL 1999, c. 564, §1, is further 
amended to read: 
§2203-A. Waste handling fees 
1. Fees. Fees are imposed in the following amounts to be levied for solid waste that 
is disposed of at commercial, municipal, state-owned and regional association landfills. 
Asbestos 
Oil-contaminated soil, gravel, brick, 
concrete and other aggregate 
Waste water facility sludge 
Ash, coal and oil 
Paper mill sludge 
Industrial waste 
Sandblast grit 
All other special waste 
Municipal solid waste ash 
Front end process residue (FEPR) 
Beginning January 1, 2013 and ending 
December 31, 2013, construction and 
demolition debris and residue from the 
processing of construction and demolition 
debris 
Beginning January 1, 2014, construction 
and demolition debris and residue from the 
processing of construction and demolition 
debris 
2. Exceptions. Notwithstanding subsection 1: 
$5 per cubic yard 
$25 per ton 
$5 per ton 
$5 per ton 
$5 per ton 
$5 per ton 
$5 per ton 
$5 per ton 
$1 per ton 
$1 per ton 
$1 per ton 
$2 per ton 
A. A municipal or regional association landfill that has accepted 12,000 tons or more 
of special waste, other than municipal solid waste ash, asbestos and oil-contaminated 
soil, gravel, brick, concrete and other aggregate, in calendar year 1998 shall continue 
to pay $2 per ton to the department for those categories of waste accepted in that 
calendar year; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 937, L.D. 1278 
B. A municipal or regional association landfill shall continue to pay $2 per ton to the 
department on all categories of special waste other than municipal solid waste ash, 
asbestos and oil-contaminated soil, gravel, brick, concrete and other aggregate that 
was generated by the municipality or regional association and accepted for disposal 
in its landfill in calendar year 1998; aad 
C. A municipal or regional association landfill that has accepted 550 tons or more of 
oil-contaminated soil, gravel, brick, concrete and other aggregate in calendar year 
1998 shall pay $5 per ton for that category of waste7; and 
D. 
A fee may not be imposed under this section on construction and demolition 
debris or residue from the processing of construction and demolition debris disposed 
of at a municipal or regional association landfill that is less than 6 acres in size and 
accepts only inert fill, construction and demolition debris, debris from land clearing 
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and wood wastes.' 
SUMMARY 
This amendment, which replaces the bill, is the majority report of the committee. 
The amendment establishes fees on the disposal of construction and demolition debris 
and residue from the processing of construction and demolition debris. 
Beginning 
January 1, 20l3, the fee imposed will be $1 per ton, and beginning January 1,2014, the 
fee imposed will be $2 per ton. 
It exempts construction and demolition debris and 
residue from the processing of construction and demolition debris disposed of at small 
municipal and regional association landfills from the fees. It provides that funding from 
the fees may be expended only for the State's obligations to municipalities under the 
closure and remediation cost-sharing program for solid waste landfills. It provides that 
the statutory waste handling fees are imposed for solid waste that is disposed of at state-
owned landfills. 
FISCAL NOTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Revenue 
Approved: 03/08/12 
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LD 1278 
LR 1313(02) 
An Act To Stabilize Solid Waste Management Funding 
Fiscal Note for Bill as Amended by Committee Amendment "A'{ /-1- 77~ 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
FY 2012-13 
Projections 
FY2013-14 
Projections 
FY 2014-15 
Other Special Revenue Funds 
$0 
$175,000 
$525,000 
$700,000 
Fiscal Detail and Notes 
The bill establishes fees on the disposal of construction and demolition debris and related residue. The fee will be $1 
per ton beginning January 1,2013 and will increase to $2 per ton effective January 1,2014. Funds resulting from the 
fee may only be expended for the State's obligations to municipalities under the closure and remediation cost-sharing 
program for solid waste landfills. The Department of Environmental Protection estimates that the provisions of the bill 
will increase Other Special Revenue Funds revenue by $175,000 in fiscal year 2012-13, $525,000 in FY 2013-14 and 
by $700,000 annually thereafter. 
LR1313(02) - Fiscal Note - Page I of 1