An Act To Clarify Solid Waste Policy
Maine Legislature, Session 126, LD 0694
Committee Amendment CA_A_S220 (Senate)
Amends: 38 MRSA §1310-N, 38 MRSA §1310-A

COMMITTEE AMENDMENT 'A " 
to S.P. 243, L.D. 694, Bill, "An Act To Clarify 
Solid Waste Policy" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Clarify Solid Waste Policy Relating to State-owned Disposal Facilities' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1310-N, sub-§l,~, as amended by PL 2007, c. 414, §2, is 
further amended to read: 
B. 
In the case, of a disposal facility, the facility provides a substantial public benefit, 
determined in accordance wl.th subsection 3-A, e~(eept that this paragraph does not 
apply to a faeility ovmed by the State and in operation prior to June 1, 2007 or to an 
exoansion of that faeilitv; and 
Sec. 2. 38 MRSA §1310-AA, sub-§l-B is enacted to read: 
I-B. State-owned solid waste disposal facilities. This subsection applies to public 
benefit determinations for solid waste disposal facilities owned by the State. 
A. The department may not DTocess or act upon any application for a new, modified 
or amended solid waste license for a solid waste disposal facility acquired by the 
State after January 1, 2007, ~tlcluding an application to expand, until the facility has 
applied for and received a public benefit determination. 
B. A solid waste disposal facility owned by the State before January 1, 2007 is 
deemed to hold a public benefit determination for the licensed disposal capacity at the 
facility on the effective date of this subsection. The department may require the 
holder of a public benefit dete:rmination under this paragraph to submit an application 
for a modified public benefit determination if the department finds that a material 
change in the underlying facts or circumstances has occurred or is proposed, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" /t' to S.P. 243, L.D. 694 
including, but not limited to, a change in the disposal capacity or a change of the 
owner or operator of the facility. The department may not process or act upon any 
application to expand a solid waste disposal facility owned by the State before 
January 1, 2007 until the facility has applied for and received a public benefit 
determination. 
Sec. 3. 38 MRSA §1310-AA, sub-§6, as enacted by PL 2009, c. 348, §2 and 
affected by §3, is repealed. 
Sec. 4. Application. The provisions of this Act do not'apply to an application for 
a license pending on the effective date of this Act.' 
S~RY 
This amendment replaces the bill. It provides that the Department of Environmental 
Protection may not process or act on an application for a new, modified or amended solid 
waste license for a solid waste disposal facility acquired by the State after January 1, 
2007 until the facility has applied for and received a public benefit determination from 
the department. It provides that a solid waste disposal facility owned by the State before 
January 1, 2007 is deemed to hold a public benefit determination for the licensed disposal 
capacity at the facility on the effective date of the Act. In addition, for such facilities 
owned by the State before January 1, 2007, it authorizes the department to require an 
application for a modified public benefit determination if the department finds that a 
material change in the underlying facts or circumstances has occurred or is proposed. 
The amendment also clarifies that, regardless of the date of state ownership, the 
department may not process or act upon any application to expand a facility until the 
facility has applied for and received a public benefit determination. 
FISCAL :'10TE REQlilRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05119/13 ,;1.;p'ac 
LD694 
LR 1010(02) 
An Act To Clarify Solid Waste Policy 
Fiscal Note for Bill as Amended by Committee Amendment It' (S-lLD '\ 
Committee: EllLvironment and Natural Resources 
/ 
Fiseal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs incurred by the Department of Environmental Protection to review and make a public benefit 
determination before acting on an application for a new, modified or amended solid waste license for a solid waste 
facility acquired by the State after January 1,2007 can be absorbed within existing budgeted resources. 
LRI 0 10(02) - Fiscal Note - Page I of 1