Sec. 1. 38 MRSA §1303-C, sub-§15-B is enacted to read:

15-B.__Host community.__"Host community" means any town, township or city that is the geographical site of a waste-to- energy facility or any town, township or city that is party to a host community waste handling agreement for disposal of municipal solid waste, dated prior to December 31, 2004, including specifically that agreement between the City of Biddeford and the City of Saco and the Maine Energy Recovery Company, L.P., dated June 7, 1991.

Sec. 2. 38 MRSA §1304-B, sub-§4-B is enacted to read:

4-B.__Contract with host community.__Any contract for disposal of solid waste or municipal solid waste entered into by or with a host community must meet the conditions set forth in section 1310-N, subsection 9.

Sec. 3. 38 MRSA §1304-D is enacted to read:

§1304-D.__Host community may adopt rules

Notwithstanding section 1304, subsections 1, 1-A, 1-B and 1-C, a host community may adopt its own reasonable rules on the transportation of solid waste, municipal solid waste, special waste and refuse-derived fuel through that host community, including posting certain roads with weight limitations, setting route limitations or restrictions to minimize the disruption of predominantly residential areas or areas of special environmental concern or sensitivity, limiting hours for the delivery of such wastes and setting penalties for transporters who leak, spill or discharge wastes onto public ways.

Sec. 4. 38 MRSA §1310-N, sub-§9, ¶B, as enacted by PL 1995, c. 465, Pt. A, §16 and affected by Pt. C, §2, is amended to read:

B. Based upon the nature, size and projected impacts of the proposed facility, An agreement between an incineration facility or its owner or operator and a host community agreements or other community 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, including sewerage, storm water or drainage pipes and other aboveground and underground utilities;