An Act To Transfer Recycling Technical Assistance and Solid Waste Policy Responsibilities from the State Planning Office to the Department of Environmental Protection
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, recycling and solid waste management responsibilities require substantial state resources; and
Whereas, consolidation of these responsibilities is important to conserve these limited state resources; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 5 MRSA §3305, sub-§1, ¶N, as amended by PL 1997, c. 393, Pt. B, §4, is repealed and the following enacted in its place:
Sec. 2. 38 MRSA §1303-C, sub-§35, as amended by PL 1997, c. 393, Pt. B, §9, is further amended to read:
Sec. 3. 38 MRSA §1304, sub-§4, as amended by PL 1995, c. 656, Pt. A, §22, is further amended to read:
Sec. 4. 38 MRSA §1304, sub-§13, as amended by PL 1995, c. 656, Pt. A, §23, is further amended to read:
Sec. 5. 38 MRSA §1309, as amended by PL 2001, c. 22, §1, is further amended to read:
§ 1309. Interstate cooperation
The Legislature encourages cooperative activities by the department and the office with other states for the improved management of hazardous and solid waste; for improved, and as far as is practicable, uniform state laws relating to the management of hazardous and solid waste; and compacts between this and other states for the improved management of hazardous and solid waste.
Sec. 6. 38 MRSA §1316-G, as amended by PL 2007, c. 655, §§12 to 14, is further amended to read:
§ 1316-G. Tire stockpile abatement program
The State shall undertake a program to eliminate tire stockpiles. The program is under the direction of the department with assistance from other agencies , including the State Planning Office, the Department of the Attorney General, the Maine State Police, the Maine National Guard and the Department of Corrections.
Sec. 7. 38 MRSA §1652, sub-§2, as amended by PL 1997, c. 195, §1, is further amended to read:
The State Planning Office department may renew the waiver for 2-year periods if it finds that the school or school administrative district unit has made reasonable progress toward implementing the waste reduction plan. The State Planning Office department, within available resources, may provide technical and financial assistance to schools and school administrative districts units to assist them with meeting the goal of using durable containers.
Sec. 8. 38 MRSA §1668, as enacted by PL 1999, c. 779, §2, is amended to read:
§ 1668. Education program
The department and the Executive Department, State Planning Office shall implement an education program relating to mercury-added products no later than January 1, 2001. The program must provide information to the public about labeled mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products and collection programs that are available to the public.
Sec. 9. 38 MRSA §1669, as enacted by PL 1999, c. 779, §2, is amended to read:
§ 1669. Technical assistance to municipalities
The department shall coordinate with the Executive Department, State Planning Office to assist interested municipalities and regional associations in developing collection programs for mercury-added products.
Sec. 10. 38 MRSA §2101-A, sub-§3 is enacted to read:
Sec. 11. 38 MRSA §2122, as amended by PL 1995, c. 588, §2, is further amended to read:
§ 2122. State waste management and recycling plan
The office department shall prepare an analysis of, and a plan for , the management, reduction and recycling of solid waste for the State. The plan must be based on the priorities and recycling goals established in sections 2101 and 2132. The plan must provide guidance and direction to municipalities in planning and implementing waste management and recycling programs at the state, regional and local levels and in making a recycling and source reduction determination in accordance with section 1310-N, subsection 5-A and a public benefit determination in accordance 1310-AA, subsection 3, paragraph B.
Sec. 12. 38 MRSA §2122-A is enacted to read:
§ 2122-A. State plan contents
The state plan must be based on the comprehensive analysis of solid waste generated, recycled and disposed of in the State, including consideration of the solid waste generation and disposal capacity report prepared in accordance with section 2124-A. The state plan includes the following elements:
Sec. 13. 38 MRSA §2123-A, as enacted by PL 1995, c. 465, Pt. A, §36 and affected by Pt. C, §2, is repealed.
Sec. 14. 38 MRSA §2123-C, sub-§1, as enacted by PL 2007, c. 192, §4, is amended to read:
Sec. 15. 38 MRSA §2123-C, sub-§7, as enacted by PL 2007, c. 192, §4, is amended to read:
Sec. 16. 38 MRSA §2124, as amended by PL 1995, c. 465, Pt. A, §37 and affected by Pt. C, §2, is repealed.
Sec. 17. 38 MRSA §2124-A, as amended by PL 2007, c. 583, §8, is further amended to read:
§ 2124-A. Solid waste generation and disposal capacity report
By January 1, 2008 and annually thereafter, the The office shall submit annually a report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters, the Governor and the department setting forth information on statewide generation of solid waste, statewide recycling rates and available disposal capacity for solid waste.
The report submitted under this section must include an analysis of how changes in available disposal capacity have affected or are likely to affect disposal prices. When the office determines that a decline in available landfill capacity has generated or has the potential to generate supracompetitive prices, the office shall include this finding in its report and shall include recommendations for legislative or regulatory changes as necessary.
Beginning on January 1, 2009 and every odd-numbered year thereafter, the report submitted under this section must include an analysis of how the rate of fill at each solid waste landfill has affected the expected lifespan of that solid waste landfill. The January 2009 report must also include an analysis of the solid waste disposal needs of the State as of January 1, 2009 for the next 3, 5 and 10 years.
Beginning on January 1, 2010 and every even-numbered year thereafter, the report submitted under this section must include an analysis of consolidation of ownership in the disposal, collection, recycling and hauling of solid waste.
Data collected under this section must include the source, type and amount of solid waste currently generated and the types of solid waste management employed, including recycling, composting, landspreading, incineration and landfilling. The department shall provide the data under this paragraph to the office for purposes of developing the report required by this section.
The report submitted under this section must include:
The joint standing committee of the Legislature having jurisdiction over solid waste matters may report out legislation related to the report submitted pursuant to this section.
Sec. 18. 38 MRSA §2132, sub-§2, as amended by PL 2005, c. 220, §4, is further amended to read:
Sec. 19. 38 MRSA §2132, sub-§3, as amended by PL 1995, c. 552, §1, is further amended to read:
Sec. 20. 38 MRSA §2133, as amended by PL 2003, c. 567, §§1 and 2, is further amended to read:
§ 2133. Municipal recycling
Preference in allocating resources under this subsection must be given to municipalities that participate in a household hazardous waste collection region as defined in subsection 2-D.
At a minimum, the office department shall award grants to public schools and municipalities for reasonable costs incurred as a result of managing waste mercury-added products generated by those public schools and municipalities, in compliance with the requirements in sections 1663 and 1664, that would not otherwise be incurred by complying with existing laws, rules or regulations as of July 15, 2002.
(1) Accommodate or encourage additional growth and development;
(2) Improve, expand or construct public facilities; or
(3) Acquire land for conservation or management of specific economic and natural resource concerns.
This subsection does not apply to state grants or other assistance for sewage treatment facilities, public health programs or education.
The office department shall work with state agencies to prepare mechanisms for establishing preferences in specific investment and grant programs as described in paragraphs A and B.
Sec. 21. 38 MRSA §2134, as amended by PL 1995, c. 656, Pt. A, §39, is further amended to read:
§ 2134. Marketing assistance
The office department shall provide marketing assistance, which may include the following elements:
Sec. 22. 38 MRSA §2138, sub-§1, as amended by PL 1995, c. 656, Pt. A, §41, is further amended to read:
The office department may provide technical and marketing assistance and direction to entities within the State to assist with meeting this requirement. Municipalities and regional associations may assist employers in attaining the objectives of this section.
Sec. 23. 38 MRSA §2138, sub-§3, as enacted by PL 1989, c. 585, Pt. A, §7, is repealed.
Sec. 24. 38 MRSA §2140, as amended by PL 1995, c. 656, Pt. A, §43, is further amended to read:
§ 2140. Interstate and national initiatives
The office department may participate in interstate and national initiatives to adopt uniform state laws when practicable, and to enter compacts between the State and other states for the improved management, recycling and reduction of solid waste.
Sec. 25. 38 MRSA §2154, sub-§1, as amended by PL 1995, c. 465, Pt. A, §63 and affected by Pt. C, §2, is further amended to read:
Sec. 26. 38 MRSA §2156-A, sub-§1, as enacted by PL 1995, c. 588, §6, is amended to read:
Sec. 27. 38 MRSA §2162, as repealed and replaced by PL 1999, c. 736, §2, is repealed and the following enacted in its place:
§ 2162. Submission of report recommending construction of state-owned facility
When the department, 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 department 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 environment and 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 use the facility and projected revenues. The joint standing committee of the Legislature having jurisdiction over environment and 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 section.
Sec. 28. 38 MRSA §2232, first ¶, as amended by PL 1995, c. 656, Pt. A, §65, is further amended to read:
An incineration facility shall submit an annual report to the office department no later than 90 days after the end of the incineration facility's fiscal calendar year. For reasonable cause shown and upon written application by an incineration facility, the office department may grant an extension of the 90-day period. The report must be certified by an appropriate executive officer of the incineration facility as being complete and accurate. The office department may prescribe the form of the annual report and the number of copies that must be submitted. The department shall provide the solid waste management and recycling data to the office for purposes of developing the report required under section 2124-A. The report must include the following information:
Sec. 29. 38 MRSA §2232, sub-§4, as amended by PL 1995, c. 656, Pt. A, §66, is further amended to read:
Sec. 30. 38 MRSA §2232, sub-§5, as amended by PL 1995, c. 656, Pt. A, §66, is further amended to read:
Sec. 31. 38 MRSA §2235, as amended by PL 1995, c. 656, Pt. A, §67, is further amended to read:
§ 2235. Use of files
The office department shall keep on file for public inspection and use all reports submitted under this subchapter.
Sec. 32. 38 MRSA §2236, as amended by PL 1995, c. 656, Pt. A, §68, is further amended to read:
§ 2236. Limitation
Nothing in this subchapter may be construed to create or expand any office department authority over financial, organizational or rate regulation of incineration facilities.
Sec. 33. Transition provisions. The following provisions govern the transfer of recycling technical assistance and solid waste policy responsibilities from the Executive Department, State Planning Office to the Department of Environmental Protection.
1. All existing rules, regulations and procedures in effect relating to recycling technical assistance and solid waste policy responsibilities in operation or adopted by the State Planning Office or any of its administrative units or officers are hereby declared in effect and continue in effect until rescinded, revised or amended by the proper authority.
2. All existing contracts, agreements and compacts relating to recycling technical assistance and solid waste policy responsibilities currently in effect in the State Planning Office continue in effect.
3. All records, property and equipment relating to recycling technical assistance and solid waste policy responsibilities previously belonging to or allocated for the use of the State Planning Office become, on the effective date of this Act, part of the property of the Department of Environmental Protection.
Sec. 34. Appropriations and allocations. The following appropriations and allocations are made.
EXECUTIVE DEPARTMENT
Planning Office
Initiative: Transfers one Senior Planner position and 2 Planner II positions from the State Planning Office, Solid Waste Management program to the Department of Environmental Protection, Remediation and Waste Management program and related All Other.
OTHER SPECIAL REVENUE FUNDS | 2011-12 | 2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
(3.000) | (3.000) |
Personal Services
|
($215,150) | ($221,569) |
All Other
|
($355,165) | ($358,115) |
![]() |
![]() |
|
OTHER SPECIAL REVENUE FUNDS TOTAL | ($570,315) | ($579,684) |
EXECUTIVE DEPARTMENT | ||
DEPARTMENT TOTALS | 2011-12 | 2012-13 |
OTHER SPECIAL REVENUE FUNDS
|
($570,315) | ($579,684) |
![]() |
![]() |
|
DEPARTMENT TOTAL - ALL FUNDS | ($570,315) | ($579,684) |
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Remediation and Waste Management
Initiative: Transfers one Senior Planner position and 2 Planner II positions from the State Planning Office, Solid Waste Management program to the Department of Environmental Protection, Remediation and Waste Management program and related All Other.
OTHER SPECIAL REVENUE FUNDS | 2011-12 | 2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
3.000 | 3.000 |
Personal Services
|
$215,150 | $221,569 |
All Other
|
$355,165 | $358,115 |
![]() |
![]() |
|
OTHER SPECIAL REVENUE FUNDS TOTAL | $570,315 | $579,684 |
ENVIRONMENTAL PROTECTION, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2011-12 | 2012-13 |
OTHER SPECIAL REVENUE FUNDS
|
$570,315 | $579,684 |
![]() |
![]() |
|
DEPARTMENT TOTAL - ALL FUNDS | $570,315 | $579,684 |
SECTION TOTALS | 2011-12 | 2012-13 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $0 |
![]() |
![]() |
|
SECTION TOTAL - ALL FUNDS | $0 | $0 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
summary
This bill:
1. Gives the following recycling technical assistance and solid waste disposal policy responsibilities, which are currently the responsibilities of the Executive Department, State Planning Office, to the Department of Environmental Protection:
2. Provides that the State Planning Office keep the following recycling technical assistance and solid waste disposal policy responsibilities: