Sec. 1. 38 MRSA §1310-N, sub-§9, as enacted by PL 1995, c. 465, Pt. A, §16 and affected by Pt. C, §2, is amended to read:

9. Host community agreements. The following provisions apply to an application for a license for a commercial solid waste disposal facility.

A. The department may not issue a license for a commercial solid waste disposal facility unless the applicant has demonstrated that it has:

(1) Complied with municipal ordinances requiring host community benefits;

(2) Negotiated in good faith, as determined by a neutral arbitrator agreeable to both sides who has been present during the negotiations, with the municipality in which the facility is proposed to be located to formulate a host community agreement;

(3) Developed and will implement a host community agreement; or

(4) Renegotiated, if appropriate, the terms of an existing host community agreement.

B. Based upon the nature, size and projected impacts of the proposed facility, host community agreements must, when applicable, include provisions regarding:

(1) Improvement, maintenance and repair of local roads directly affected by traffic to and from the facility and of other infrastructural elements directly affected by the facility;

(2) Development and maintenance of adequate local emergency response capacity to accommodate the facility;

(3) Financial support to the municipality in the form of tipping fees in the amount equal to the fees charged by the department in chapter 24, subchapter 7, article 2 to be placed in a trust fund established by the municipality, of which 50% of the proceeds must be used for environmental testing and monitoring, including for personnel or other means to provide technical assistance to the municipality in testing, monitoring or interpreting data and to advise the municipality on other technical issues concerning the facility and