An Act To Promote and Enhance State Policy To Preserve and Support Existing Methods of Disposal of Municipal Solid Waste
Maine Legislature, Session 126, LD 1483
Committee: Environment and Natural Resources
Sponsors: CAIN, STANLEY, GRATWICK, HAMPER, EVES
Amends: 38 MRSA §2124-A, 38 MRSA §2201, 38 MRSA §2201-B, 38 MRSA §2204-A

Legislative Document 
No. 1483 
S.P. 545 
In Senate, April 30, 2013 
An Act To Promote and Enhance State Policy To Preserve and 
Support Existing Methods of Disposal of Municipal Solid Waste 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator CAIN of Penobscot. 
Cosponsored by Representative STANLEY of Medway and 
Senators: GRATWICK of Penobscot, HAMPER of Oxford, Representative: Speaker EVES of 
North Berwick. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §2124-A, as amended by PL 2011, c. 655, Pt. GG, §31 and 
affected by §70, is further amended by adding after the 4th paragraph a new paragraph to 
read: 
Beginning on January 1, 2015 and every odd-numbered year thereafter, the report 
submitted under this section must include an analysis of the solid waste stabilization 
assessment funds collected pursuant to section 2204-A and disbursed pursuant to section 
2201-B and any department recommendations regarding changes to the established levels 
of per ton assessment and per ton disbursement. 
Sec. 2.  38 MRSA §2201, first ¶, as amended by PL 2011, c. 655, Pt. GG, §64 
and affected by §70, is further amended to read: 
The Maine Solid Waste Management Fund, referred to in this section as the "fund," is 
established as a nonlapsing fund to support programs administered by the bureau and the 
Department of Environmental Protection.   The fund must be segregated into 2 3 
subsidiary accounts.  The first subsidiary account, called operations, receives all fees 
established and received under article 1.  The 2nd subsidiary account, called 
administration, receives all fees established under this article and under Title 36, chapter 
and all funds recovered by the department as reimbursement for departmental 
expenses incurred to abate imminent threats to public health, safety and welfare posed by 
the illegal disposal of solid waste.  The 3rd subsidiary account, called solid waste 
stabilization, receives funds from the solid waste stabilization assessment under section 
2204-A; disbursement of funds from the solid waste stabilization account must be in 
accordance with section 2201-B. 
Sec. 3.  38 MRSA §2201-B is enacted to read: 
§2201-B.  Solid waste stabilization account 
1.  Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Licensed landfill" means a commercial, municipal, regional or state-owned 
landfill licensed in the State. 
B.  "Tipping fee" means any fee, rate, toll or other charge that a licensed landfill or a 
waste processing facility certified under subsection 5 charges for disposal of solid 
waste from customers. 
2.  Funds.  The department shall deposit solid waste stabilization assessment funds 
assessed and collected pursuant to section 2204-A in the Maine Solid Waste Management 
Fund, solid waste stabilization account, referred to in this section as "the account." 
3.  Funds disbursed.  The department shall disburse the funds from the account 
through periodic payments to municipalities and recycling and composting programs 
qualified under subsection 4 and located in the State in accordance with this subsection. 
A.  The department shall calculate the amount of disbursements to be made to each 
municipality and recycling and composting program qualified under subsection 4 by 
determining the difference in the weighted average of the tipping fees paid per ton of 
solid waste to all licensed landfills in the State and the weighted average of the 
tipping fees paid to all waste processing facilities certified under subsection 5 during 
the preceding calendar year, as determined by the department pursuant to section 
2204-A, multiplied by the number of tons of waste processed by each certified waste 
processing facility during the same reporting period. Notwithstanding this paragraph, 
the amount of disbursement may not be less than $30 per ton. 
B.  At least annually, the department shall make disbursements to municipalities and 
recycling and composting programs, or their designated agents, that qualify for 
reimbursement under subsection 4.  Any funds remaining after the annual 
disbursement must be retained in the account and carried forward to the following 
year.  If the department determines there are sufficient excess funds carried forward 
in the account, the department may make a downward adjustment in a future 
assessment calculation. 
4.  Application for disbursement.  In order to qualify for disbursement under this 
section, a municipality or recycling or composting program, or its designated agent, must 
apply using forms developed and provided by the department.  The application must 
include satisfactory evidence of the amount of tipping fees paid by the municipality or 
recycling or composting program, or its designated agent, to a waste processing facility 
certified under subsection 5 and the total number of tons of solid waste that were 
transported to that certified waste processing facility during the applicable reporting 
period. 
5.  Certification of waste processing facility.  In order for a waste processing 
facility to be certified under this section, the waste processing facility must: 
A.  Provide satisfactory evidence to the department that it does not have in 
operational effect a long-term power purchase agreement with a large, investor-
owned transmission and distribution utility as defined in Title 35-A, section 3201, 
subsection 12 obtained under the United States Public Utilities Regulatory Policies 
Act of 1978, 16 United States Code, Section 2601 et seq. and that any funds 
previously generated and held as a result of any such power purchase agreement have 
been either disbursed to the appropriate municipalities and other interested parties to 
the agreements or otherwise used or encumbered for future use by the waste 
processing facility as a maintenance reserve or similar operational reserve; and 
B.  Provide satisfactory evidence to the department that it processes solid waste in a 
manner that generates energy and reduces solid waste by an amount equal to at least 
80% by volume and 65% by weight. 
6.  Expenses.  The department may retain and use an annual amount equal to 2% of 
the funds it collects and deposits in the account to pay for operational and administrative 
expenses incurred in administering the account. 
7.  Rules. The department shall adopt rules to implement this section.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 4.  38 MRSA §2204-A is enacted to read: 
§2204-A.  Solid waste stabilization assessment 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Certified waste processing facility" means a waste processing facility in the State 
certified under section 2201-B, subsection 5. 
B.  "Licensed landfill" means a commercial, municipal, regional or state-owned 
landfill licensed in the State. 
C.  "Tipping fee" means any fee, rate, toll or other charge that a licensed landfill or a 
certified waste processing facility charges for disposal of solid waste from customers. 
2.  Assessment established.  The department shall impose on each licensed landfill a 
solid waste stabilization assessment on all solid waste, including, but not limited to, 
household and commercially sourced solid waste and all other material deposited at the 
licensed landfill. 
3.  Credit.  When determining the amount of an assessment under this section, the 
department shall give a credit for solid waste that is deposited in a licensed landfill and 
that is removed within 18 months from that landfill and processed at a certified waste 
processing facility. 
4.  Exemption.  Solid waste that originates from a source that has an agreement with 
the State for the disposal of solid waste is exempt from the assessment required under this 
section. 
5.  Amount of assessment.  The amount of the assessment under this section is 
determined in accordance with this subsection. 
A.  The department shall determine the total weighted average of the tipping fees paid 
to each licensed landfill and the total weighted average of the tipping fees paid to 
each certified waste processing facility. 
B.  The assessment is calculated by multiplying the difference between the total 
weighted averages of the tipping fees determined pursuant to paragraph A by the total 
annual capacity of all the certified waste processing facilities and dividing that result 
by the total number of tons of solid waste deposited in all licensed landfills during 
that same time period, except that, until 2017, the assessment may not be less than 
$10 per ton, and beginning in 2017, the assessment may not be less than $14 per ton. 
6.  Waste management account.  The assessment collected by the department 
pursuant to this section must be deposited in the solid waste stabilization account of the 
Maine Solid Waste Management Fund established under section 2201. 
7.  Rules.  The department shall adopt rules to implement this section.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 5.  Develop process.  The Department of Environmental Protection shall 
develop a process to maximize the use of existing incineration facilities in the State and 
increase the amount of Maine-sourced solid waste that is processed at those facilities 
annually.  The department shall report its recommendations, together with any necessary 
implementing legislation, to the Joint Standing Committee on Energy, Utilities and 
Technology by January 1, 2014. 
SUMMARY 
The purpose of this bill is to assist in the stabilization of the statutorily established 
solid waste management hierarchy, to promote and strengthen the waste management 
system in the State and to enhance the continued operation of the existing waste 
processing incineration facilities located in the State.  This bill directs the Department of 
Environmental Protection to: 
1.  Impose on each licensed landfill a solid waste stabilization assessment on all solid 
waste, including, but not limited to, household and commercially sourced solid waste and 
all other material deposited at the licensed landfill; 
2.  Deposit solid waste stabilization assessment funds in a solid waste stabilization 
account within the Maine Solid Waste Management Fund; 
3.  Disburse the funds from the solid waste stabilization account through periodic 
payments to qualified municipalities and recycling and composting programs located in 
the State; and 
4.  Develop a process to maximize the use of existing incineration facilities in the 
State and increase the amount of Maine-sourced solid waste that is processed at those 
facilities annually and report its recommendations to the Joint Standing Committee on 
Energy, Utilities and Technology by January 1, 2014.