(4) Other issues determined on a case-specific basis by the applicant and municipality to be appropriate given the nature of the proposed facility.

The department shall adopt rules concerning the expenditure of funds made available to a municipality under the provisions of subparagraph (3) to ensure that funds are used to provide direct technical support to the municipality necessary for the conduct of municipal planning and decision making.

Sec. 2. 38 MRSA §2156-A, sub-§2, as amended by PL 1999, c. 736, §1, is further amended to read:

2. Recommendation for development. When the office finds that the licensed and available disposal capacity within the State for municipal solid waste or special waste resides primarily in one facility or that 4 years or less of licensed and available disposal capacity for municipal solid waste or special waste remains within the State, it shall submit a report recommending the construction and operation of a state- owned solid waste disposal facility for the disposal of the type of waste for which capacity is needed to the joint standing committee of the Legislature having jurisdiction over natural resource matters. The report must recommend which state agency or department will own the facility and how it will be operated. The report must also include a review of disposal options outside of the State; a review of existing efforts to reduce, reuse, recycle, compost and incinerate the affected municipal solid waste and special waste streams and the impact of these efforts on capacity requirements; a thorough economic analysis of the facility's expected costs; and commitments from entities to utilize the facility and projected revenues. It is the intent of the Legislature that the facility be operated by a private contractor. A state- owned solid waste disposal facility may not be constructed or operated unless authorized by legislation pursuant to subsection 3.

Sec. 3. State Planning Office search and report. The Executive Department, State Planning Office shall search for geographically suitable sites in the State, in addition to the Carpenter Ridge facility, for additional capacity for disposal of municipal solid waste or special waste that do not adversely