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_B_S495 (Senate)
Amends: 38 MRSA §1303-C, 38 MRSA §1310-N, 38 MRSA §1310-A

COMMITTEE AMENDMENT "b "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. beginning January L 2025. if the total weight of 
the waste material generated in a calendar year by an incineration facility, recycling facility 
or solid waste processing facility that is disposed of in a solid waste landfill in that calendar 
year exceeds the total weight of the waste material initially generated within the State that 
was incinerated or processed by that facility in that calendar year, any such excess waste 
material generated by that facility is not considered waste generated within the State. For 
the purposes of this exception, "disposed of in a solid waste landfill" does not include the 
placement in or use at a landfill of material for daily cover, frost protection or other 
operational or engineering-related purpose, including, but not limited to, landfill shaping 
or grading, as long as such use has been approved by the department under the landfill's 
license and the use complies with all applicable department rules and conditions of the 
landfill's license. 
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 within 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 
5 
product as material substitutes in construction; and the use of waste as boiler fuel 
substitutes. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" \3' to S.P. 523, L.D. 1639 (s4 c=i S"A 
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 
2018, that accepts exclusively construction and demolition debris and that accepted 
more than 200,000 tons of such debris in calendar year 2018 shall: 
(a) Reuse or recycle at least 15% of such debris through methods other than 
placement in a solid waste landfill by January 1, 2022; aBd 
(b) Reuse or recycle at least 20% of such debris through methods other than 
placement in a solid waste landfill by January 1, 2023-,.; and 
(c) Reuse or recycle at least 25% of such debris through methods other than 
placement in a solid waste landfill by January 1, 2024. 
A solid waste processing facility that was in operation during calendar year 2018, 
that accepts exclusively construction and demolition debris and that accepted more 
than 200,000 tons of such debris in calendar year 2018 may request and the 
department may grant a waiver of the applicable provisions of this subparagraph 
for a specified period of time if the facility is able to demonstrate that compliance 
with the applicable provisions of this subparagraph would result in an unreasonable 
adverse impact on the facility. The demonstration may include results of a 3rd-
party audit of the facility. In determining whether to grant such a waiver request, 
the department may consider trends in local, regional, national and international 
markets; the availability and cost of technologies and services; transportation and 
handling logistics; and overall costs that may be associated with various waste 
handling methods. 
Sec. 3. 38 MRSA §1310-AA, sub-§3, 1C, 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; aBd 
Sec. 4. 38 MRSA §1310-AA, sub-§3, ,iD, 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 
~os 
COMMITTEE AMENDMENT"&" to S.P. 523, L.D. 1639( $-y Cj,s_:J 
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. Department of Environmental Protection; stakeholder group; 
report. The Department of Environmental Protection shall convene a stakeholder group 
to evaluate options and develop findings and recommendations for requiring the recycling 
or beneficial use of construction and demolition debris initially generated in the State prior 
to the disposal of the debris in a landfill or to otherwise increase the amount of the debris 
that is recycled or beneficially used prior to disposal in a landfill. By February 1, 2023, the 
department shall submit to the joint standing committee of the Legislature having 
jurisdiction over environment and natural resources matters a report outlining the findings 
and recommendations of the stakeholder group. After receiving the report, the joint 
standing committee may report out legislation to implement any such recommendations to 
the 131st Legislature in 2023.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is a minority report of the committee, replaces the bill and 
makes the following changes to the solid waste management laws. 
1. It amends the definition of "waste generated within the State" to provide that, 
beginning January 1, 2025, if the total weight of the waste material generated in a calendar 
year by an incineration facility, recycling facility or solid waste processing facility that is 
disposed of in a solid waste landfill in that calendar year exceeds the total weight of the 
waste material initially generated within the State that was incinerated or processed by that 
facility in that calendar year, any such excess waste material generated by that facility is 
not considered waste generated within the State. It also includes a definition for "disposed 
of in a solid waste landfill" as used in the amended definition of "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 
~os 
COMMITTEE AMENDMENT",~" to S.P. 523, L.D. 1639 {~-t{ a,~ 
or recycle at least 25% of such debris through methods .other than placement in a solid 
waste landfill by January 1, 2024. 
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 also 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. The Department of Administrative and Financial Services, Bureau of 
General Services is directed to report by January 15, 2023 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 directs the Department of Environmental Protection to convene a 
stakeholder group to evaluate options and develop findings and recommendations for 
requiring the recycling or beneficial use of construction and demolition debris initially 
generated in the State prior to the disposal of the debris in a landfill or to otherwise increase 
the amount of the debris that is recycled or beneficially used prior to disposal in a landfill. 
The department is directed to submit by February 1, 2023 to the joint standing committee 
of the Legislature having jurisdiction over environment and natural resources matters a 
report outlining the fmdings and recommendations of the stakeholder group. 
After 
receiving the report, the joint standing committee may report out legislation to implement 
any such recommendations. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/25/22 ;!;Pae 
LD 1639 
LR 1260(03) 
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 't?.;'( S-l\,'11?) 
Committee: Environment and Natural Resources 
Appropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY 2022-23 
$0 
$0 
$0 
$0 
Projections 
FY 2023-24 
$0 
$0 
Projections 
FY 2024-25 
($63,000) 
($63,000) 
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 
f 
subject to the fee beginning in January of 2025. The Department of Environmental Protection estimates that this will 
reduce Other Special Revenue Funds revenue by $63,000 in fiscal year 2024-25 and by $126,000 annually thereafter 
and the department will require corresponding deallocations in those years for the reduction in funding used to 
reimburse municipalities. 
Additional costs to the Bureau of General Services in the Department of Administrative and Financial Services can be 
absorbed within existing budgeted resources. 
LR1260(03) - Fiscal Note - Page 1 of 1