An Act To Transfer Recycling Technical Assistance and Solid Waste Policy Responsibilities from the State Planning Office to the Department of Environmental Protection
Maine Legislature, Session 125, LD 1458
Committee: Environment and Natural Resources
Sponsors: MOULTON, SULLIVAN, GRAHAM, HINCK
Amends: 5 MRSA §3305, 38 MRSA §1303-C, 38 MRSA §1304, 38 MRSA §1309, 38 MRSA §1316-G, 38 MRSA §1652, 38 MRSA §1668, 38 MRSA §1669, 38 MRSA §2101-A, 38 MRSA §2122, 38 MRSA §2122-A, 38 MRSA §2123-A, 38 MRSA §2123-C, 38 MRSA §2124, 38 MRSA §2124-A, 38 MRSA §2132, 38 MRSA §2133, 38 MRSA §2134, 38 MRSA §2138, 38 MRSA §2140, 38 MRSA §2154, 38 MRSA §2156-A, 38 MRSA §2162, 38 MRSA §2232, 38 MRSA §2235, 38 MRSA §2236

Legislative Document 
No. 1458 
H.P. 1073 
House of Representatives, April 12, 2011 
An Act To Transfer Recycling Technical Assistance and Solid Waste 
Policy Responsibilities from the State Planning Office to the 
Department of Environmental Protection 
(EMERGENCY) 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MOULTON of York. 
Cosponsored by Senator SULLIVAN of York and 
Representatives: GRAHAM of North Yarmouth, HINCK of Portland. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, recycling and solid waste management responsibilities require substantial 
state resources; and 
Whereas, consolidation of these responsibilities is important to conserve these 
limited state resources; 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 of the State of Maine as follows: 
Sec. 1.  5 MRSA §3305, sub-§1, ¶N, as amended by PL 1997, c. 393, Pt. B, §4, is 
repealed and the following enacted in its place: 
N.  Plan for sufficient, environmentally secure disposal capacity for the State's 
municipal solid waste; and 
Sec. 2.  38 MRSA §1303-C, sub-§35, as amended by PL 1997, c. 393, Pt. B, §9, 
is further amended to read: 
35.  State waste management and recycling plan.  "State waste management and 
recycling plan" means the plan adopted by the former Maine Waste Management Agency 
pursuant to chapter 24, subchapter II 2 and subsequent plans developed by the State 
Planning Office pursuant to Title 5, section 3305, subsection 1, paragraph N and plans 
developed by the department pursuant to section 2122 and may also be referred to as 
"state plan." 
Sec. 3.  38 MRSA §1304, sub-§4, as amended by PL 1995, c. 656, Pt. A, §22, is 
further amended to read: 
4.  Technical assistance.  The commissioner is authorized to establish guidelines for 
effective waste management, to provide technical assistance to persons planning, 
constructing or operating waste facilities, and to conduct applied research activities in the 
field of waste management, disposal technology and environmental effects, including 
methods of recycling hazardous or solid waste, sludge or septage.  The commissioner 
shall cooperate with the office in the design and delivery of this assistance. 
Sec. 4.  38 MRSA §1304, sub-§13, as amended by PL 1995, c. 656, Pt. A, §23, is 
further amended to read: 
13.  Innovative disposal and utilization.  Recognizing that environmentally suitable 
sites for waste disposal are in limited supply and represent a critical natural resource, the 
commissioner may investigate and implement with the approval of the board innovative 
programs for managing, utilizing and disposing of solid waste.  Innovative programs may 
include agricultural and forest land spreading of wood-derived ash, utilization of ash 
resulting from combustion of municipal solid waste, paper mill sludges, municipal waste 
water treatment plant sludges and the composting of yard wastes.  The office department 
shall first determine that the proposed innovative disposal and waste management 
programs are consistent with the state plan.  The commissioner shall review proposed 
innovative programs for each waste category and shall apply all controls necessary to 
ensure the protection of the environment and public health consistent with this chapter.  
The board may adopt application review procedures designed to review individual 
applications and their individual waste sources with prior approval of classes of disposal 
or utilization sites.  The board shall adopt provisions for municipal notification prior to 
use of individual utilization sites.  
Sec. 5.  38 MRSA §1309, as amended by PL 2001, c. 22, §1, is further amended to 
read: 
§1309.  Interstate cooperation 
The Legislature encourages cooperative activities by the department and the office 
with other states for the improved management of hazardous and solid waste; for 
improved, and as far as is practicable, uniform state laws relating to the management of 
hazardous and solid waste; and compacts between this and other states for the improved 
management of hazardous and solid waste. 
Sec. 6.  38 MRSA §1316-G, as amended by PL 2007, c. 655, §§12 to 14, is further 
amended to read: 
§1316-G.  Tire stockpile abatement program 
The State shall undertake a program to eliminate tire stockpiles.  The program is 
under the direction of the department with assistance from other agencies, including the 
State Planning Office, the Department of the Attorney General, the Maine State Police, 
the Maine National Guard and the Department of Corrections. 
1.  Tire stockpile abatement.  The department shall, as available resources allow: 
A.    Estimate the number of tires that are stockpiled and that pose a significant risk to 
the environment or public health; 
B.    Develop a tire stockpile reduction priority plan based on environmental and 
public health risks; 
C.    Seek the cooperation and assistance of private and governmental landowners or 
tire stockpile operators to reduce the size and number of tire stockpiles; 
D.    Assist tire stockpile owners and operators willing to cooperate within the law; 
E.    Utilize enforcement powers unilaterally or in conjunction with the Department of 
the Attorney General or the Maine State Police or other parties to abate health, safety 
and environmental risks posed by tire stockpiles when voluntary cooperation is not 
provided by landowners or operators; 
F.    Develop or cause to be developed site-specific tire stockpile abatement plans; 
G.    Give preference in implementing site-specific tire stockpile abatement activities 
to the processing of tires for removal and beneficial use while mitigating fire risk; 
H.    Educate the public and encourage use of tires based on consideration of 
environmental and public health impacts as well as market conditions; and 
I.    Contract for services to reduce tire stockpiles and abate significant risk to the 
environment and public health at tire stockpile sites. 
2.  Market development.  The State Planning Office shall, as available resources 
allow, assist the department generally in implementation of subsection 1.  The assistance 
may include, but is not limited to, encouraging the beneficial reuse of whole tires and 
processed tires inside or outside the State.  The office department may also make 
recommendations to the Legislature regarding legislation that would enhance the 
beneficial reuse of waste tires or processed tires. 
3.  Business retention and new technology.  The Department of Economic and 
Community Development, as available resources allow, shall lead a cooperative effort 
involving the department, the State Planning Office and the Finance Authority of Maine 
to identify measures the State can take to provide a favorable environment for the 
retention of businesses assisting in the processing of waste tires.  This cooperative effort 
must also provide for the introduction of viable new technologies to cost-effectively 
convert waste tires to commodities that can be utilized for beneficial reuse and for energy 
production. 
Sec. 7.  38 MRSA §1652, sub-§2, as amended by PL 1997, c. 195, §1, is further 
amended to read: 
2.  Schools.  A school or school administrative district unit shall comply with the 
provisions of this section except that a food service providing such services to satellite 
facilities at the school or school administrative district unit serviced by central kitchen 
facilities not at the same location is exempt.  A school or school administrative district 
unit may submit a request to the Executive Department, State Planning Office department 
for a 3-year waiver from the provisions of this section.  The State Planning Office 
department may grant the requested waiver as long as: 
A.    The request includes an explanation of the district's unit's financial hardship and 
a waste reduction plan.  The plan must be designed to achieve the goal of using 
durable containers in place of disposable containers, unless it is shown that the use of 
durable containers is not feasible and alternative goals are proposed.  The plan must 
include a proposed capital plan for the acquisition of necessary equipment; and 
B.    The school or school administrative district unit has held a public hearing on the 
proposal to use polystyrene containers and the waste reduction plan. 
The State Planning Office department may renew the waiver for 2-year periods if it finds 
that the school or school administrative district unit has made reasonable progress toward 
implementing the waste reduction plan.  The State Planning Office department, within 
available resources, may provide technical and financial assistance to schools and school 
administrative districts units to assist them with meeting the goal of using durable 
containers. 
Sec. 8.  38 MRSA §1668, as enacted by PL 1999, c. 779, §2, is amended to read: 
§1668.  Education program 
The department and the Executive Department, State Planning Office shall 
implement an education program relating to mercury-added products no later than 
January 1, 2001.  The program must provide information to the public about labeled 
mercury-added products, the requirements of the law regarding the source separation of 
waste mercury-added products and collection programs that are available to the public. 
Sec. 9.  38 MRSA §1669, as enacted by PL 1999, c. 779, §2, is amended to read: 
§1669.  Technical assistance to municipalities 
The department shall coordinate with the Executive Department, State Planning 
Office to assist interested municipalities and regional associations in developing 
collection programs for mercury-added products. 
Sec. 10.  38 MRSA §2101-A, sub-§3 is enacted to read: 
3.  Supracompetitive price.  "Supracompetitive price" means a price greater than 
what can be sustained in a competitive market. 
Sec. 11.  38 MRSA §2122, as amended by PL 1995, c. 588, §2, is further amended 
to read: 
§2122.  State waste management and recycling plan 
The office department shall prepare an analysis of, and a plan for, the management, 
reduction and recycling of solid waste for the State.  The plan must be based on the 
priorities and recycling goals established in sections 2101 and 2132.  The plan must 
provide guidance and direction to municipalities in planning and implementing waste 
management and recycling programs at the state, regional and local levels and in making 
a recycling and source reduction determination in accordance with section 1310-N, 
subsection 5-A and a public benefit determination in accordance 1310-AA, subsection 3, 
paragraph B. 
1.  Consultation.  In developing the state plan, the office department shall consult 
with the department office on matters concerning solid waste disposal capacity and 
state-owned solid waste disposal facilities and the Solid Waste Management Advisory 
Council.  The office department shall solicit public input and may hold hearings in 
different regions of the State. 
2.  Revisions.  The office department shall revise the analysis by January 1, 1998 
2012 and every 5 years after that time to incorporate changes in waste generation trends, 
changes in waste recycling and disposal technologies, development of new waste 
generating activities and other factors affecting solid waste management as the office 
department finds appropriate. 
3.  Submission.  The department shall submit the plan under this section and any 
subsequent revisions to the Governor and the joint standing committee of the Legislature 
having jurisdiction over environment and natural resources matters. 
Sec. 12.  38 MRSA §2122-A is enacted to read: 
§2122-A.  State plan contents 
The state plan must be based on the comprehensive analysis of solid waste generated, 
recycled and disposed of in the State, including consideration of the solid waste 
generation and disposal capacity report prepared in accordance with section 2124-A. The 
state plan includes the following elements: 
1.  Waste reduction and recycling assessment.  An assessment of the extent to 
which waste generation could be reduced at the source and the extent to which recycling 
can be increased; 
2.  Trends.  Statewide trends in solid waste management; 
3.  Policy assessment.  An assessment of the effectiveness of solid waste 
management policy; 
4.  Waste generation assessment.  An assessment of waste generation trends in the 
State; and 
5.  Other.  Any factors affecting solid waste management the department determines 
appropriate. 
Sec. 13.  38 MRSA §2123-A, as enacted by PL 1995, c. 465, Pt. A, §36 and 
affected by Pt. C, §2, is repealed. 
Sec. 14.  38 MRSA §2123-C, sub-§1, as enacted by PL 2007, c. 192, §4, is 
amended to read: 
1.  Solid Waste Management Advisory Council.  The Solid Waste Management 
Advisory Council, referred to in this section as "the council," is established to advise and 
assist the office and department in reviewing, as may be appropriate: 
A.  State solid waste management policy, including the timeline and establishment 
process for the development of a state-owned solid waste disposal facility; 
B.  Host community benefits; 
C.  The development of commercial solid waste facilities and the economic 
competitiveness of commercial facilities; 
D.  The appropriateness of developing regional disposal facilities to better serve 
municipalities and businesses; 
E.  The continued development and expansion of beneficial reuse and recycling; 
F.  The proper role of municipal zoning and other local control in regard to siting, 
expansion and operation of solid waste disposal facilities; and 
G.  Other related matters as considered appropriate and necessary. 
H.  The state waste management and recycling plan in accordance with section 
2122-A; 
I.  The solid waste generation and disposal capacity report developed in accordance 
with section 2124-A; and 
J.  Related matters as appropriate and necessary. 
Sec. 15.  38 MRSA §2123-C, sub-§7, as enacted by PL 2007, c. 192, §4, is 
amended to read: 
7.  Staff.  The office department shall provide the council with all necessary staff. 
Sec. 16.  38 MRSA §2124, as amended by PL 1995, c. 465, Pt. A, §37 and affected 
by Pt. C, §2, is repealed. 
Sec. 17.  38 MRSA §2124-A, as amended by PL 2007, c. 583, §8, is further 
amended to read: 
§2124-A.  Solid waste generation and disposal capacity report 
By January 1, 2008 and annually thereafter, the The office shall submit annually a 
report to the joint standing committee of the Legislature having jurisdiction over 
environment and natural resources matters, the Governor and the department setting forth 
information on statewide generation of solid waste, statewide recycling rates and 
available disposal capacity for solid waste. 
The report submitted under this section must include an analysis of how changes in 
available disposal capacity have affected or are likely to affect disposal prices.  When the 
office determines that a decline in available landfill capacity has generated or has the 
potential to generate supracompetitive prices, the office shall include this finding in its 
report and shall include recommendations for legislative or regulatory changes as 
necessary. 
Beginning on January 1, 2009 and every odd-numbered year thereafter, the report 
submitted under this section must include an analysis of how the rate of fill at each solid 
waste landfill has affected the expected lifespan of that solid waste landfill.  The January 
2009 report must also include an analysis of the solid waste disposal needs of the State as 
of January 1, 2009 for the next 3, 5 and 10 years. 
Beginning on January 1, 2010 and every even-numbered year thereafter, the report 
submitted under this section must include an analysis of consolidation of ownership in the 
disposal, collection, recycling and hauling of solid waste. 
Data collected under this section must include the source, type and amount of solid 
waste currently generated and the types of solid waste management employed, including 
recycling, composting, landspreading, incineration and landfilling.  The department shall 
provide the data under this paragraph to the office for purposes of developing the report 
required by this section. 
The report submitted under this section must include: 
1.  Waste generation.  A computation of solid waste generated in the State; 
2.  Recycling.  A calculation of the statewide recycling rate; 
3.  Determination of existing and potential disposal capacity.  An analysis of 
existing solid waste disposal and management capacity within the State and the potential 
for expansion of that capacity; 
4.  Projected demand for capacity. An analysis of the need in the State for current 
and future solid waste disposal capacity by type of solid waste, including identification of 
need over the next 3-year, 5-year, 10-year and 20-year periods; 
5.  Fill rates.  For every odd-numbered year, an analysis of how the rate of fill at 
each solid waste landfill has affected the expected lifespan of that solid waste; 
6.  Recommendation for development.  Pursuant to section 2156-A, a 
recommendation for construction and operation of a state-owned solid waste disposal 
facility, when appropriate; 
7.  Supracompetitive prices.  An analysis of how changes in available solid waste 
disposal capacity have affected or are likely to affect disposal prices.  When the office 
determines that a decline in available landfill capacity has generated or has the potential 
to generate supracompetitive prices, the office shall include this finding in the report and 
recommendations for legislative and regulatory changes, if necessary; and 
8.  Consolidation of ownership.  Every even-numbered year, an analysis of 
consolidation of ownership in the disposal, collection, recycling and hauling of solid 
waste. 
The joint standing committee of the Legislature having jurisdiction over solid waste 
matters may report out legislation related to the report submitted pursuant to this section. 
Sec. 18.  38 MRSA §2132, sub-§2, as amended by PL 2005, c. 220, §4, is further 
amended to read: 
2.  Goal revision.  The office department shall recommend revisions, if appropriate, 
to the state recycling goal and waste reduction goal established in this section.  The office 
department shall submit its recommendations and any implementing legislation to the 
joint standing committee of the Legislature having jurisdiction over environment and 
natural resource resources matters. 
Sec. 19.  38 MRSA §2132, sub-§3, as amended by PL 1995, c. 552, §1, is further 
amended to read: 
3.  Beneficial use of waste.  The use of waste paper, waste plastics, waste wood, 
including wood from demolition debris, used motor vehicle tires or corrugated cardboard 
as a fuel in industrial boilers or waste-to-energy facilities for the generation of heat, steam 
or electricity constitutes recycling only for the purposes of determining whether the goals 
in subsection 1 are met and for determining municipal progress as provided in section 
2133.  In order for the use of waste under this subsection to constitute recycling, the 
office department must determine that there is no reasonably available market in the State 
for recycling that waste and the wastes must be incinerated as a substitute for, or 
supplement to, fossil or biomass fuels incinerated in the industrial boiler or waste-to-
energy facility. 
Sec. 20.  38 MRSA §2133, as amended by PL 2003, c. 567, §§1 and 2, is further 
amended to read: 
§2133.  Municipal recycling 
1-A.  Recycling progress.  Municipalities are not required to meet the state recycling 
goal in section 2132, but they must demonstrate reasonable progress toward that goal.  
The office department shall determine reasonable progress. 
2-A.  Technical and financial assistance program.  A program of technical and 
financial assistance for waste reduction and recycling is established in the office 
department to assist municipalities with managing solid waste.  The office department 
may also provide planning assistance to municipalities and regional organizations for 
managing municipal solid waste.  Planning assistance may include cost and capacity 
analysis and education and outreach activities.  The director commissioner shall 
administer the program in accordance with the waste management hierarchy in section 
2101.  Preference in allocating resources under this section must be given to 
municipalities that take advantage of regional economies of scale.  
2-B.  Household hazardous waste collection.  The office department 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 department 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 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 department 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. 
2-C.  Business technical assistance program.  The office department may, as 
resources allow, assist the business community to develop state programs and services 
that are designed to promote the solid waste hierarchy and that are desired by and 
financially supported by the business community.  The office shall coordinate these 
efforts in conjunction with the department. 
2-D.  Preference for other state grants and investments.  When awarding grants or 
making a discretionary investment under any of the programs under paragraphs A and B, 
a state agency shall give preference to a municipality that is part of a household 
hazardous waste collection region.  For purposes of this subsection, "household 
hazardous waste collection region" means a region made up of 2 or more municipalities 
that work together to establish a collection center to accept the household hazardous 
waste of residents of each municipality for disposal on a year-round basis.  This 
subsection applies to: 
A.    Programs that assist in the acquisition of land for conservation, natural resource 
protection, open space or recreational facilities under Title 5, chapter 353; and 
B.    Programs intended to: 
 (1)  Accommodate or encourage additional growth and development; 
 (2)  Improve, expand or construct public facilities; or 
 (3)  Acquire land for conservation or management of specific economic and 
natural resource concerns. 
This subsection does not apply to state grants or other assistance for sewage treatment 
facilities, public health programs or education. 
The office department shall work with state agencies to prepare mechanisms for 
establishing preferences in specific investment and grant programs as described in 
paragraphs A and B. 
3.  Recycling capital investment grants.  The office department may make grants to 
eligible municipalities, regional associations, sanitary districts and sewer districts for the 
construction of public recycling and composting facilities and the purchase of recycling 
and composting equipment.  The office department may establish requirements for local 
cost sharing of up to 50% of the total grant amount. 
4.  Recycling incentives.  The office department shall develop and implement a 
program of incentives to encourage public recycling programs to reach maximum feasible 
levels of recycling and to meet the recycling goal of section 2132. 
6.  Recycling demonstration grants.  The office department may make 
demonstration grants to eligible municipalities, regional associations or other public 
organizations to pilot waste reduction, recycling and composting programs and to test 
their effectiveness and feasibility. 
7.  Recycling progress reports.  Municipalities shall report annually, on forms 
provided by the office department, on their solid waste management and recycling 
practices.  The annual report must include how much of each type of solid waste is 
generated and how that solid waste is managed.  The office department shall assist 
municipal reporting by developing a municipal waste stream assessment model.  The 
model must rely on actual waste data whenever possible, but incorporate default 
generation estimates when needed.  Default generation estimates must incorporate factors 
such as commercial activity, geographical differences and municipal population. 
Sec. 21.  38 MRSA §2134, as amended by PL 1995, c. 656, Pt. A, §39, is further 
amended to read: 
§2134.  Marketing assistance 
The office department shall provide marketing assistance, which may include the 
following elements: 
3.  Information clearinghouse.  An information clearinghouse on recycling markets 
to improve the marketing of materials to be recycled.  The office department shall 
maintain a current list of municipal recycling programs, together with a description of the 
recyclable materials available through the programs. The office department shall also 
maintain listings of brokers, handlers, processors, transporters and other persons 
providing services and potential markets for recyclable materials.  The office department 
shall actively promote the services of the clearinghouse and shall seek to match programs 
with appropriate recycling businesses.  The office department shall make its information 
on recycling services available to public and private solid waste generators seeking 
markets or services for recyclable materials.  The office department shall make its 
technical reports and planning documents available to municipalities and regional 
associations on a timely basis; and 
4.  Brokering service.  Provision for marketing and brokering services for materials 
when municipal and regional association efforts to market the material and the 
information clearinghouse are inadequate. 
Sec. 22.  38 MRSA §2138, sub-§1, as amended by PL 1995, c. 656, Pt. A, §41, is 
further amended to read: 
1.  Office paper recycling mandated.  Any person employing 15 or more people at a 
site within the State shall implement an office paper and corrugated cardboard recycling 
program. 
The office department may provide technical and marketing assistance and direction to 
entities within the State to assist with meeting this requirement.  Municipalities and 
regional associations may assist employers in attaining the objectives of this section. 
Sec. 23.  38 MRSA §2138, sub-§3, as enacted by PL 1989, c. 585, Pt. A, §7, is 
repealed. 
Sec. 24.  38 MRSA §2140, as amended by PL 1995, c. 656, Pt. A, §43, is further 
amended to read: 
§2140.  Interstate and national initiatives 
The office department may participate in interstate and national initiatives to adopt 
uniform state laws when practicable, and to enter compacts between the State and other 
states for the improved management, recycling and reduction of solid waste. 
Sec. 25.  38 MRSA §2154, sub-§1, as amended by PL 1995, c. 465, Pt. A, §63 
and affected by Pt. C, §2, is further amended to read: 
1.  Initial site screening.  The Facility Siting Board shall conduct a site screening 
and selection process to identify solid waste disposal capacity sufficient to meet the 
projected needs identified in the state planning process under section 2123-A, 2124-A, 
subsection 4.  The Facility Siting Board shall consider the need for geographic 
distribution of facilities to adequately serve all regions of the State.  The Facility Siting 
Board also shall consider in its site selection process the need for landfill capacity to 
dispose of incinerator ash resulting from the combustion of domestic and commercial 
solid waste generated within its jurisdiction.  Prior to recommending a site, the Facility 
Siting Board shall hold a public hearing in every municipality or plantation identified in 
the screening process as a potential site.  For potential sites within an unincorporated 
township, the Facility Siting Board shall hold a public hearing within the vicinity of the 
proposed site.  Prior to submitting a recommended site to the department for review, the 
Facility Siting Board must find that the recommended site meets the standards adopted 
under section 2153. 
Sec. 26.  38 MRSA §2156-A, sub-§1, as enacted by PL 1995, c. 588, §6, is 
amended to read: 
1.  Planning for development.  The office shall plan for the development of facilities 
sufficient to meet needs for municipal solid waste identified in the state plan and any 
revisions to the plan report required under section 2124-A and to serve all geographic 
areas of the State.  The office may plan for the development of facilities sufficient to meet 
needs for special waste identified in the state plan and any revisions to the plan report 
requested under section 2124-A and to serve all geographic areas of the State. 
Sec. 27.  38 MRSA §2162, as repealed and replaced by PL 1999, c. 736, §2, is 
repealed and the following enacted in its place: 
§2162.  Submission of report recommending construction of state-owned facility 
When the department, in consultation with a regional association, finds that disposal 
capacity is projected to be needed for bulky wastes, construction or demolition waste or 
land-clearing debris and that the regional association is not able to pursue the siting, 
establishment and operation of a waste facility, the department may submit a report 
recommending the construction and operation of a state-owned solid waste disposal 
facility that will fulfill the disposal need to the joint standing committee of the Legislature 
having jurisdiction over environment and natural resources matters.  The report must 
include a review of disposal options outside of the State; a review of existing efforts to 
reduce, reuse, recycle, compost and incinerate the affected waste streams and the impact 
of these efforts on capacity requirements; a thorough economic analysis of the facility's 
expected costs; and commitments from entities to use the facility and projected revenues.  
The joint standing committee of the Legislature having jurisdiction over environment and 
natural resources matters may report out legislation authorizing the construction and 
operation of a state-owned solid waste disposal facility in response to a report submitted 
pursuant to this section. 
Sec. 28.  38 MRSA §2232, first ¶, as amended by PL 1995, c. 656, Pt. A, §65, is 
further amended to read: 
An incineration facility shall submit an annual report to the office department no later 
than 90 days after the end of the incineration facility's fiscal calendar year.  For 
reasonable cause shown and upon written application by an incineration facility, the 
office department may grant an extension of the 90-day period.  The report must be 
certified by an appropriate executive officer of the incineration facility as being complete 
and accurate.  The office department may prescribe the form of the annual report and the 
number of copies that must be submitted.  The department shall provide the solid waste 
management and recycling data to the office for purposes of developing the report 
required under section 2124-A.  The report must include the following information: 
Sec. 29.  38 MRSA §2232, sub-§4, as amended by PL 1995, c. 656, Pt. A, §66, is 
further amended to read: 
4.  Expenditures.  The total expenditures of the incineration facility during the last 
completed fiscal year including details of those expenditures as required by the office 
department; and 
Sec. 30.  38 MRSA §2232, sub-§5, as amended by PL 1995, c. 656, Pt. A, §66, is 
further amended to read: 
5.  Other information.  Any other information required by the office department. 
Sec. 31.  38 MRSA §2235, as amended by PL 1995, c. 656, Pt. A, §67, is further 
amended to read: 
§2235.  Use of files 
The office department shall keep on file for public inspection and use all reports 
submitted under this subchapter. 
Sec. 32.  38 MRSA §2236, as amended by PL 1995, c. 656, Pt. A, §68, is further 
amended to read: 
§2236.  Limitation 
Nothing in this subchapter may be construed to create or expand any office 
department authority over financial, organizational or rate regulation of incineration 
facilities. 
Sec. 33.  Transition provisions.  The following provisions govern the transfer of 
recycling technical assistance and solid waste policy responsibilities from the Executive 
Department, State Planning Office to the Department of Environmental Protection. 
1.  All existing rules, regulations and procedures in effect relating to recycling 
technical assistance and solid waste policy responsibilities in operation or adopted by the 
State Planning Office or any of its administrative units or officers are hereby declared in 
effect and continue in effect until rescinded, revised or amended by the proper authority. 
2.  All existing contracts, agreements and compacts relating to recycling technical 
assistance and solid waste policy responsibilities currently in effect in the State Planning 
Office continue in effect. 
3.  All records, property and equipment relating to recycling technical assistance and 
solid waste policy responsibilities previously belonging to or allocated for the use of the 
State Planning Office become, on the effective date of this Act, part of the property of the 
Department of Environmental Protection. 
Sec. 34.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
EXECUTIVE DEPARTMENT 
Planning Office 
Initiative: Transfers one Senior Planner position and 2 Planner II positions from the State 
Planning Office, Solid Waste Management program to the Department of Environmental 
Protection, Remediation and Waste Management program and related All Other. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Remediation and Waste Management 
OTHER SPECIAL REVENUE FUNDS 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
(3.000)
(3.000)
Personal Services 
($215,150)
($221,569)
All Other 
($355,165)
($358,115)
OTHER SPECIAL REVENUE FUNDS TOTAL 
($570,315)
($579,684)
EXECUTIVE DEPARTMENT 
DEPARTMENT TOTALS 
2011-12
2012-13
OTHER SPECIAL REVENUE FUNDS 
($570,315)
($579,684)
DEPARTMENT TOTAL - ALL FUNDS 
($570,315)
($579,684)
Initiative: Transfers one Senior Planner position and 2 Planner II positions from the State 
Planning Office, Solid Waste Management program to the Department of Environmental 
Protection, Remediation and Waste Management program and related All Other. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill: 
1.  Gives the following recycling technical assistance and solid waste disposal policy 
responsibilities, which are currently the responsibilities of the Executive Department, 
State Planning Office, to the Department of Environmental Protection: 
A.  Determining reasonable municipal recycling progress; 
B.  Providing technical and financial assistance to municipalities; 
C.  Providing technical assistance to businesses; 
D.  Collecting municipal solid waste management and recycling reports and data; 
E.  Providing recycling marketing assistance; 
OTHER SPECIAL REVENUE FUNDS 
2011-12
2012-13
POSITIONS - LEGISLATIVE COUNT 
3.000
3.000
Personal Services 
$215,150
$221,569
All Other 
$355,165
$358,115
OTHER SPECIAL REVENUE FUNDS TOTAL 
$570,315
$579,684
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
2011-12
2012-13
OTHER SPECIAL REVENUE FUNDS 
$570,315
$579,684
DEPARTMENT TOTAL - ALL FUNDS 
$570,315
$579,684
SECTION TOTALS 
2011-12
2012-13
OTHER SPECIAL REVENUE FUNDS 
$0
$0
SECTION TOTAL - ALL FUNDS 
$0
$0
F.  Assisting entities with meeting office paper recycling requirements; 
G.  Participating in national and interstate initiatives for uniform state laws; 
H.  Collecting incinerator reports and data; 
I.  Preparing the state waste management and recycling plan; and 
J.  Staffing the Solid Waste Management Advisory Council; and 
2.  Provides that the State Planning Office keep the following recycling technical 
assistance and solid waste disposal policy responsibilities: 
A.  Preparing the waste generation and disposal capacity report; 
B.  Planning for development of solid waste disposal facilities; and 
C.  Recommending development of state-owned solid waste disposal facilities.