‘An Act To Provide for the Protection of Communities That Host a Solid Waste Disposal Facility’
| HP1005 LD 1431 |
First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF |
LR 866 Item 2 |
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| Bill Tracking | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Provide for the Protection of Communities That Host a Solid Waste Disposal Facility’
Amend the bill by striking out everything after the title and before the summary and inserting the following:
‘ Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.
Sec. 1. 38 MRSA §1303-C, sub-§15-B is enacted to read:
Sec. 2. 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:
(1) Complied with municipal ordinances requiring host community benefits;
(2) Negotiated in good faith 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.
(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 for personnel or other means to provide technical assistance to the municipality in interpreting data and to advise the municipality on other technical issues concerning the facility; and
(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.
(1) The parties shall submit the dispute for mediation. The commissioner shall present to the parties a list of 5 experienced and qualified mediators. Each party may strike 2 names from the list. After each party has been afforded 2 opportunities to strike, either the sole remaining person or the first unchallenged person on the list must be appointed by the commissioner as the mediator assigned to mediate the dispute. In assembling the list of proposed mediators, the commissioner may consider the panel of mediators offered by the Office of Court Alternative Dispute Resolution Service created in Title 4, section 18-B.
(2) If mediation fails to result in an agreement between the parties, the parties shall submit the dispute for arbitration. The commissioner shall present to the parties a list of 5 experienced and qualified arbitrators. Each party may strike 2 names from the list. After each party has been afforded 2 opportunities to strike, either the sole remaining person or the first unchallenged person on the list must be appointed by the commissioner as the arbitrator assigned to determine the dispute. In assembling the list of proposed arbitrators, the commissioner may consider the panels of arbitrators offered by the Office of Court Alternative Dispute Resolution Service created in Title 4, section 18-B or by the American Arbitration Association or a successor organization.
(a) Both the facility and the host community will be bound by the decision of the arbitrator.
(b) Unless otherwise provided for in this subparagraph, the arbitration must be conducted in accordance with the rules of the American Arbitration Association or a successor organization for the conduct of commercial arbitration proceedings.
(c) Costs associated with the arbitration must be shared equally between the parties.
(d) The arbitrator shall submit the decision to the commissioner.
(e) Either party may appeal the decision of the arbitrator to the Superior Court.
Sec. 3. 38 MRSA §2170-A is enacted to read:
§ 2170-A. Host community agreements
The provisions of this section apply to a solid waste disposal facility owned or operated by the office.
Sec. 4. 38 MRSA §2172, as amended by PL 1995, c. 656, Pt. A, §52, is repealed and the following enacted in its place:
§ 2172. Dispute resolution
In the event that the office and a host community cannot agree on the terms of a host community agreement pursuant to section 2170-A, the parties shall submit the dispute for resolution in accordance with this section.
Sec. 5. 38 MRSA §2176, sub-§2, as enacted by PL 1989, c. 585, Pt. A, §7, is amended to read:
Sec. 6. 38 MRSA §2176, sub-§3, as enacted by PL 1989, c. 585, Pt. A, §7, is amended to read:
Sec. 7. 38 MRSA §2176, sub-§4 is enacted to read:
summary
This amendment expands on the provisions of the bill that deal with host community agreements.
1. It changes the definition of "host community."
2. It prohibits the Department of Environmental Protection from issuing a license unless a host community agreement is in place.
3. It requires commercial and publicly owned solid waste disposal facilities, including municipal facilities, to have in place host community agreements during the development and operation and through closure of the facility.
4. If the host community and the facility cannot agree on the terms of agreement, this amendment requires the parties to submit to mediation and to arbitration if mediation is not successful.
5. It adds a provision requiring consideration of case-specific issues in connection with host community benefits for state-owned facilities.
6. It adds a mandate preamble.