An Act To Protect the Environment and Assist Municipalities with the Recycling, Reuse and Processing of Solid Waste
Maine Legislature, Session 127, LD 0743
Committee: Environment and Natural Resources
Sponsors: ROSEN, DAVIS, KATZ, CAMPBELL, DUCHESNE, PICCHIOTTI, STANLEY

Legislative Document 
No. 743 
S.P. 273 
In Senate, March 5, 2015 
An Act To Protect the Environment and Assist Municipalities with 
the Recycling, Reuse and Processing of Solid Waste 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator ROSEN of Hancock. 
Cosponsored by Senators: DAVIS of Piscataquis, KATZ of Kennebec, Representatives: 
CAMPBELL of Orrington, DUCHESNE of Hudson, PICCHIOTTI of Fairfield, STANLEY of 
Medway. 
Be it enacted by the People of the State of Maine as follows: 
CONCEPT DRAFT 
SUMMARY 
This bill is a concept draft pursuant to Joint Rule 208. 
This bill proposes to enact measures to support the State's solid waste management 
hierarchy and provide for the effective and efficient management of solid waste 
throughout the State by encouraging the conversion of municipal solid waste to electrical 
energy as a means to minimize the amount of municipal solid waste that is disposed of 
and stored in landfills. 
The bill encourages materials management and conversion of municipal solid waste 
into electrical energy through the establishment of a net electrical billing process that will 
have the effect of reducing energy costs to municipalities who are the primary disposers 
of the waste.  The net electrical billing process will also serve to encourage the reduction, 
recycling and effective management of municipal solid waste; preserve many existing 
well-paying jobs; enhance the diversification of the State's energy resource mix; stabilize 
the State's energy supply infrastructure; and result in a net environmental benefit to the 
State and its citizens. 
1.  The bill would establish a waste management net electrical billing program in 
accordance with the following provisions. 
A.  An eligible participating waste-to-energy facility in the State would be authorized 
to develop and offer a contract for the converting of municipal solid waste to 
electricity that provides net electrical billing credits based upon the number of 
metered kilowatt-hours produced by the incineration of the municipal solid waste that 
is originated with each eligible governmental entity customer that enters into a 
contract.  No contract would be authorized unless it is certified by the Department of 
Environmental Protection. 
B.  There would be 2 types of metering in the program: 
(1)  Generation meters registering the flow of electricity produced through the 
incineration of municipal solid waste at each eligible participating waste-to-
energy facility; and 
(2)  Consumption meters registering the consumption of electricity by the eligible 
governmental entity customer. 
C.  Each eligible participating waste-to-energy facility would annually calculate the 
annual electrical crediting ratio by taking the total metered electrical power generated 
and dividing it by the total number of tons of municipal solid waste processed during 
the reporting year.  The annual electrical crediting calculation would be certified and 
provided by each eligible participating waste-to-energy facility to the Department of 
Environmental Protection and the Public Utilities Commission on or before a date 
determined by the Department of Environmental Protection. 
D.  Based on net electrical crediting calculations, the Department of Environmental 
Protection, in cooperation with the Public Utilities Commission, would set the annual 
ratio at which net electrical billing credits will be determined by each eligible 
participating waste-to-energy facility during the next program administrative year. 
E.  Each eligible participating waste-to-energy facility would provide monthly data 
on the number of electrical billing credits each participating eligible governmental 
entity customer has earned during the preceding 30-day period to the electrical utility 
that provides service to each participating eligible governmental entity customer.  
Copies of the report would be provided monthly to the participating eligible 
governmental entity customer.  Contracts supporting the net electrical billing process 
would be developed between eligible participating waste-to-energy facilities and 
utilities, as well as the utilities and the eligible governmental entity customers 
participating in the program.  A contract would not be used unless it is certified by 
the Department of Environmental Protection and the Public Utilities Commission. 
F.  Each electrical utility would apply the reported net electrical billing credits for 
each participating eligible governmental entity customer on its next electrical service 
billing.  Any credits not used on a given monthly electrical billing for a participating 
eligible governmental entity customer would be carried over and applied to a future 
monthly electrical service bill for that customer. 
G.  The program would be administered by the Department of Environmental 
Protection in consultation with the Public Utilities Commission. 
H.  The Board of Environmental Protection would adopt routine technical rules 
necessary for the operation and administration of the program. 
2.  The bill would establish definitions necessary to implement the waste 
management net electrical billing program, including: 
A.  Defining "eligible governmental entity customer" as a governmental entity 
organized and existing pursuant to the laws of the State that provides an annual 
written certification that it operates an established program of solid waste reduction, 
recycling and composting relative to the solid waste it collects before it sends that 
solid waste to an eligible participating waste-to-energy facility for processing and 
conversion into electricity; 
B.  Defining "eligible participating waste-to-energy facility" as a facility licensed 
pursuant to the provisions of the Maine Revised Statutes, Title 38 that converts 
municipal solid waste to electricity through an incineration process that is licensed by 
the Department of Environmental Protection, reduces the volume of the municipal 
solid waste it processes by at least 80% and the weight by at least 65% and is not a 
party to a power purchase agreement; 
C.  Defining "municipal solid waste" as solid waste that has been collected by a 
participating eligible governmental entity customer other than waste that the 
customer has diverted through reduction, recycling and composting before it is sent to 
an eligible participating waste-to-energy facility for processing and conversion into 
electricity; and 
D.  Defining "net electrical billing credits" as the monetary credits that are applied by 
an electrical utility to the monthly bill of an eligible governmental entity customer 
that has earned those credits by sending municipal solid waste that it has collected to 
an eligible participating waste-to-energy facility for conversion into electricity.