An Act to Implement the Recommendations of the Task Force to Review Solid Waste Management Policy
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §2156-A, sub-§2, as enacted by PL 1995, c. 588, §6, is amended to read:
2. Recommendation for development. If When the office finds that construction and operation of a state-owned solid waste disposal facility is needed to meet needs identified in the state plan 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. 2. 38 MRSA §2162, as enacted by PL 1989, c. 585, Pt. A, §7, is repealed and the following enacted in its place:
§2162. Office assistance in regional association siting
1. Technical assistance. Upon request by a regional association, the office may provide technical assistance to that regional association in the establishment of approved waste facilities, including assistance in planning, location, acquisition, development and operation of the site. The regional association shall describe fully the need and justification for the request. The office may request information from the regional association necessary to provide assistance.
2. Submission of report recommending construction of state-owned facility. When the office, in consultation with a regional association, finds that disposal capacity is projected to be needed for bulky wastes, construction or demolition waste or land-clearing debris and that the regional association is not able to pursue the siting, establishment and operation of a waste facility, the office may submit a report recommending the construction and operation of a state-owned solid waste disposal facility that will fulfill the disposal need to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report must include a review of disposal options outside of the State; a review of existing efforts to reduce, reuse, recycle, compost and incinerate the affected 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. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation authorizing the construction and operation of a state-owned solid waste disposal facility in response to a report submitted pursuant to this subsection.
Effective August 11, 2000, unless otherwise indicated.
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