An Act To Protect the Health and Welfare of Maine Communities and Reduce Harmful Solid Waste
Maine Legislature, Session 130, LD 1639
Committee Amendment CA_A_S494 (Senate)
Amends: 38 MRSA §1303-C, 38 MRSA §1310-N, 38 MRSA §1310-A

COMMITTEE AMENDMENT" ft "to S.P. 523, L.D. 1639, "An Act To Protect the 
Health and Welfare of Maine Communities and Reduce Harmful Solid Waste" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 38 MRSA §1303-C, sub-§40-A, as enacted by PL 2019, c. 619, §3, is 
amended by enacting at the end a new first blocked paragraph to read: 
Notwithstanding paragraphs B, C and E, if the total weight of the residue generated in a 
calendar year by an incineration facility, recycling facility or solid waste processing facility 
that is disposed of or otherwise placed in a solid waste landfill in that calendar year exceeds 
the total weight of the solid waste initially generated within the State that was incinerated 
or processed by that facility in that calendar year, any such excess residue generated by that 
facility is not considered waste generated within the State. 
Sec. 2. 38 MRSA §1310-N, sub-§5-A, ~' as amended by PL 2019, c. 619, §4, is 
further amended by amending subparagraph (2) to read: 
(2) A solid waste processing facility that generates residue requiring disposal shall 
recycle or process into fuel for combustion all waste accepted at the facility to the 
maximum extent practicable, but in no case at a rate less than 50%. For purposes 
of this subsection, "recycle" includes, but is not limited to, the reuse of waste 
generated w~thin the State as defined in section 1303-C, subsection 40-A, 
paragraph C; the recovery of metals from waste; the use of waste or waste-derived 
product as material substitutes in construction; and the use of waste as boiler fuel 
0 
substitutes. 
At least 50% of the waste that a solid waste processing facility characterizes as 
recycled under this subparagraph must have been reused or recycled by the facility 
through methods other than placement of the waste in a solid waste landfill, except 
that a solid waste processing facility that was in operation during calendar year 
5 
2018, that accepts exclusively construction and demolition debris and that accepted 
more than 200,000 tons of such debris in calendar year 2018 shall: 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" {1" to S.P. 523, L.D. 1639 ( s_~ '-\~ u._) 
(a) Reuse or recycle at least 15% of such debris through methods other than 
placement in a solid waste landfill by January 1, 2022; aoo-
(b) Reuse or recycle at least 20% of such debris through methods other than 
placement in a solid waste landfill by January 1, 2023-:-_;_ 
(c) Reuse or recycle at least 30% of such debris through methods other than 
placement in a solid waste landfill by January 1, 2024; 
(d) Reuse or recycle at least 40% of such debris through methods other than 
placement in a solid waste landfill by January 1, 2025; and 
(e) Reuse or recycle at least 50% of such debris through methods other than 
placement in a solid waste landfill by January 1, 2026. 
A solid 'Haste proeessing faeility that was in operation dariag ealendar year 2018, 
that aeeepts eKelusi,,zel.y eonstruetion and demolition debris and that aeeepted more 
than 200,000 tons of sueh debris in ealendar year 2018 may request and the 
department may grant a •.vaiver of the applieable provisions of this subparagraph 
for a speeified period of time if the faeility is able to demonstrate that eomplianee 
with the applieable proYisions of this subparagraph v,rould resuk in an unreasonable 
adverse impaet on the faeility. The demonstration may inelude results of a 3rd 
party audit of the faeility. In determining ·.vb.ether to grant sueh. a ·t11aiver request, 
the department may eonsider trends in loeal, regional, national and international 
markets; the availability aed east of teehnologies and serviees; transportation and 
handling logisties; and 0 1,zerall easts that may be assoeiated •.vith various v,zaste 
handliflg methods. 
Sec. 3. 38 MRSA §1310-AA, sub-§3, ,re, as amended by PL 2007, c. 338, §3 and 
affected by §5, is further amended to read: 
C. 
Is not inconsistent with local, regional or state waste collection, storage, 
transportation, processing or disposal; aoo-
Sec. 4. 38 MRSA §1310-AA, sub-§3, ,rD, as amended by PL 2007, c. 655, §10, 
is further amended to read: 
D. For a determination of public benefit under subsection 1-A only, facilitates the 
operation of a solid waste disposal facility and the operation of that solid waste disposal 
facility would be precluded or significantly impaired if the waste is not accepted-:-; and 
Sec. 5. 38 MRSA §1310-AA, sub-§3, ~ 
is enacted to read: 
E. For a proposed facility or the expansion of a facility, is not inconsistent with 
ensuring environmental justice for the community in which the facility or expansion is 
proposed. 
As used in this paragraph, "environmental justice" means the right to be protected from 
environmental pollution and to live in and enjoy a clean and healthful environment 
regardless of ancestry, class, disability, ethnicity, income, national origin or religion. 
"Environmental justice" includes the equal protection and meaningful involvement of 
all people with respect to the development, implementation and enforcement of waste 
management laws, rules, regulations and licensing decisions. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" fl "to S.P. 523, L.D. 1639 (s Al{_ '1j LJ") 
Sec. 6. Department of Administrative and Financial Services, Bureau of 
General Services to evaluate options for renegotiation of operating services 
agreement governing operation of state-owned landfill. 
The Department of 
Administrative and Financial Services, Bureau of General Services shall evaluate options 
for the renegotiation of the operating services agreement of February 5, 2004, as amended, 
governing the operation of the state-owned solid waste landfill in Old Town for the purpose 
of ensuring that existing capacity at that landfill is prioritized for management of waste 
initially generated within the State within the meaning of the Maine Revised Statutes, Title 
38, section 1303-C, subsection 40-A, paragraph A. 
By January 15, 2023, the Department of Administrative and Financial Services, Bureau 
of General Services shall report to the joint standing committee of the Legislature having 
jurisdiction over environment and natural resources matters the results of its evaluation 
under this section and shall provide any recommendations for legislative action necessary 
to ensure that existing capacity at the state-owned solid waste landfill in Old Town is 
prioritized for management of waste initially generated within the State. After receiving 
the report, the joint standing committee may report out legislation to implement any such 
recommendations to the 131 st Legislature in 2023. 
Sec. 7. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Remediation and Waste Management 0247 
Initiative: Deallocates funding for grants to municipalities for the costs of landfill closure 
and remediation. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2021-22 
$0 
$0 
2022-23 
($375,000) 
($375,000) 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill and 
makes the following changes to the solid waste management laws. 
I. It amends the defmition of "waste generated within the State" to provide that if the 
total weight of the residue generated in a calendar year by an incineration facility, recycling 
facility or solid waste processing facility that is disposed of or otherwise placed in a solid 
waste landfill in that calendar year exceeds the total weight of the solid waste initially 
8 
generated within the State that was incinerated or processed by that facility in that calendar 
year, any such excess residue generated by that facility is not considered waste generated 
within the State. 
2. It provides that certain solid waste processing facilities that were in operation during 
calendar year 2018 and accept exclusively construction and demolition debris must reuse 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" /J, "to S.P. 523, L.D. 1639 ( 7f" '-'\ '1 l() 
or recycle at least 30% of such debris through methods other than placement in a solid 
waste landfill by January 1, 2024, at least 40% of such debris through methods other than 
placement in a solid waste landfill by January 1, 2025 and at least 50% of such debris 
through methods other than placement in a solid waste landfill by January 1, 2026. Like 
the bill, the amendment also eliminates the provision of law that authorizes such facilities 
to request a waiver from the Department of Environmental Protection from otherwise 
applicable reuse and recycling requirements. 
3. Like the bill, it adds environmental justice to the public benefit determination 
standards for solid waste disposal facilities but it additionally provides a definition for 
"environmental justice." 
The amendment directs the Department of Administrative and Financial Services, 
Bureau of General Services to evaluate options for the renegotiation of the operating 
services agreement of February 5, 2004, as amended, governing the operation of the state-
owned solid waste landfill in Old Town for the purpose of ensuring that existing capacity 
at that landfill is prioritized for management of waste initially generated within the State 
within the meaning of the Maine Revised Statutes, Title 38, section 1303-C, subsection 
40-A, paragraph A. By January 15, 2023, the Department of Administrative and Financial 
Services, Bureau of General Services is directed to report to the joint standing committee 
of the Legislature having jurisdiction over environment and natural resources matters the 
results of that evaluation and to provide any recommendations for legislative action 
necessary to ensure that existing capacity at the state-owned solid waste landfill in Old 
Town is prioritized for management of waste initially generated within the State. After 
receiving the report, the joint standing committee may report out legislation to implement 
any such recommendations. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/25/22 ::tPae 
LD 1639 
LR 1260(02) 
An Act To Protect the Health and Welfare of Maine Communities and Reduce Harmful Solid Waste 
Fiscal Note for Bill as Amended by Committee Amendment 'A"(, s.- ---/ °I L{\ 
Committee: Environment and Natural Resources 
•} 
Appropriations/ Allocations 
Other Special Revenue Funds 
Kevenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY 2022-23 
$0 
($375,000) 
$0 
($375,000) 
Projections 
FY 2023-24 
($375,000) 
($375,000) 
Projections 
FY 2024-25 
($375,000) 
($375,000) 
Currently, construction and demolition debris originating out-of-state is subject to a $2 per ton fee and the proceeds 
are used to reimburse municipalities for the costs of landfill closure and remediation. This bill increases the 
percentage of construction and demolition debris that must be reused or recycled, reducing the amount of material 
subject to the fee. The Department of Environmental Protection estimates that this will reduce Other Special Revenue 
Funds revenue by $375,000 annually beginning in fiscal year 2022-23. The bill includes a deallocation of the same 
amount in the funding used to reimburse municipalities beginning in fiscal year 2022-23. 
Additional costs to the Bureau of General Services in the Department of Administrative and Financial Services can be 
absorbed within existing budgeted resources. 
LR1260(02) - Fiscal Note - Page 1 of 1