An Act To Streamline the Waste Motor Oil Disposal Site Remediation Program
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, waste oil was discharged between 1953 and 1981 at 4 sites in Maine: Plymouth, Casco, Ellsworth and Presque Isle; and
Whereas, the 4 sites require significant cleanup, costing some $30,000,000; and
Whereas, the costs of cleanup place an intolerable financial burden on businesses, municipalities, schools and state agencies throughout the State that contributed waste oil to one or more of the sites; and
Whereas, the public health, safety and welfare require that the sites be cleaned up expeditiously; and
Whereas, it is in the public interest to ensure the continued financial viability of the businesses, municipalities, schools and state agencies that contributed waste oil to one or more of the sites; and
Whereas, the Finance Authority of Maine has issued revenue bonds to partially fund the cost of the cleanup of these sites but revenues are insufficient to support additional bonds to fully resolve the sites; and
Whereas, a stakeholder group convened by the Department of Environmental Protection at the direction of the Legislature has developed a complete resolution to this problem that uses revenues more efficiently rather than increasing existing premiums; and
Whereas, immediate changes to the waste motor oil disposal site remediation program are necessary to implement these efficiencies; 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Sec. 1. 10 MRSA §963-A, sub-§47-B, ¶C, as enacted by PL 2007, c. 464, §2, is repealed.
Sec. 2. 10 MRSA §1020, sub-§1, as amended by PL 2009, c. 213, Pt. KKK, §1, is further amended to read:
Sec. 3. 10 MRSA §1020, sub-§3, as enacted by PL 2007, c. 464, §6, is amended to read:
Notwithstanding any provision of this subchapter to the contrary, money in the fund may not be transferred from the fund or otherwise applied except as expressly provided in this subsection unless:
Sec. 4. 10 MRSA §1020, sub-§3-A is enacted to read:
(1) Proceeds of revenue obligation securities;
(2) Amounts available from the Waste Oil Clean-up Fund pursuant to section 1023-L, as determined by the authority; and
(3) Elimination of loan balances under the Plymouth Waste Oil Loan Program pursuant to section 1023-M, as determined by the authority.
This paragraph is repealed December 31, 2012.
Sec. 5. 10 MRSA §1020, sub-§6-A, as amended by PL 2009, c. 213, Pt. KKK, §2, is repealed and the following enacted in its place:
The premium is calculated as follows:
All premiums must be paid to the State Tax Assessor and are subject to the administrative provisions of Title 36, Parts 1 and 3 as though they were a sales tax liability. By the 20th day of each month, the State Tax Assessor shall notify the State Controller and the Treasurer of State of the amount of revenue attributable to the premium collected under this subsection in the previous month. When notified by the State Tax Assessor, the State Controller shall transfer that amount to the fund.
Sec. 6. 10 MRSA §1020, sub-§8, as enacted by PL 2007, c. 618, §13, is repealed.
Sec. 7. 10 MRSA §1020-A, sub-§1, ¶A, as enacted by PL 2007, c. 464, §6, is amended to read:
Sec. 8. 10 MRSA §1020-A, sub-§2, as enacted by PL 2007, c. 464, §6, is amended to read:
Sec. 9. 10 MRSA §1020-A, sub-§4, ¶A-1, as enacted by PL 2009, c. 304, §1, is repealed.
Sec. 10. 10 MRSA §1020-A, sub-§4, ¶B, as amended by PL 2009, c. 304, §2, is further amended to read:
(1) The response costs paid or to be paid with respect to that waste motor oil disposal site;
(2) The eligible response costs with respect to that waste motor oil disposal site to be paid from the proceeds of revenue obligation securities; and
(3) The proceeds of the revenue obligation securities to be paid to or on behalf of the responsible parties.
Sec. 11. 10 MRSA §1020-A, sub-§5, as amended by PL 2009, c. 304, §§3 to 5, is further amended to read:
(1) Performed repairs at repair facilities located in this State on motor vehicles that are owned by 3rd parties;
(2) Is identified as qualified under this subsection by the potentially responsible party (PRP) group at the waste oil disposal site or, in the case when the response action was or will be undertaken by the State, by the Department of Environmental Protection; and
(3) Certifies to the authority under oath and subject to the provisions of Title 17-A, section 451 that it is qualified under this subsection;
Notwithstanding any provision of this subsection to the contrary, at the Ellsworth, Casco and Presque Isle waste motor oil disposal sites identified in section 963-A, subsection 51-E, paragraphs B, C and D, eligible persons include all responsible parties except those enumerated in subsection 6.
Sec. 12. 10 MRSA §1020-A, sub-§9 is enacted to read:
The State shall include a covenant not to sue and contribution protection in any consent decree or other settlement agreement entered into between the State and federal agencies related to recovery of the State's response costs at the sites.
Sec. 13. 10 MRSA §1020-B, sub-§2, as enacted by PL 2009, c. 213, Pt. KKK, §3, is amended to read:
Sec. 14. 10 MRSA §1020-C is enacted to read:
§ 1020-C. Motor vehicle oil premium reimbursement
The amount of reimbursement for each eligible dealer is calculated as follows: The State Tax Assessor shall reimburse each eligible dealer for any reimbursement year an amount equal to a fraction, the numerator of which is the total amount of each eligible dealer's eligible premium and the denominator of which is the total amount of reimbursement claims for the same reimbursement year, multiplied by the amount determined as available by the authority pursuant to section 1020, subsection 3-A, paragraphs A and E. Interest is not due on any reimbursement made to an eligible dealer pursuant to this subsection.
Sec. 15. 10 MRSA §1023-L, as amended by PL 2007, c. 464, §§7 and 8, is repealed.
Sec. 16. 10 MRSA §1023-M, as amended by PL 2007, c. 479, §1 and affected by §2, is repealed.
Sec. 17. 36 MRSA §112, sub-§8, ¶D, as amended by PL 2009, c. 496, §2, is further amended to read:
Sec. 18. 36 MRSA §144, sub-§2, ¶A, as enacted by PL 1997, c. 668, §10, is amended to read:
Sec. 19. 36 MRSA §191, sub-§2, ¶PP, as corrected by RR 2009, c. 2, §107, is amended to read:
Sec. 20. 36 MRSA §191, sub-§2, ¶QQ, as reallocated by RR 2009, c. 2, §108, is amended to read:
Sec. 21. 36 MRSA §191, sub-§2, ¶RR is enacted to read:
Sec. 22. 36 MRSA §1752, sub-§14, ¶B, as amended PL 2009, c. 625, §4 and affected by §§16 and 18 and c. 652, Pt. C, §8, is further amended to read:
(1) Discounts allowed and taken on sales;
(2) Allowances in cash or by credit made upon the return of merchandise pursuant to warranty;
(3) The price of property returned by customers, when the full price is refunded either in cash or by credit;
(4) The price received for labor or services used in installing or applying or repairing the property sold, if separately charged or stated;
(5) Any amount charged or collected, in lieu of a gratuity or tip, as a specifically stated service charge, when that amount is to be disbursed by a hotel, restaurant or other eating establishment to its employees as wages;
(6) The amount of any tax imposed by the United States on or with respect to retail sales, whether imposed upon the retailer or the consumer, except any manufacturers', importers', alcohol or tobacco excise tax;
(7) The cost of transportation from the retailer's place of business or other point from which shipment is made directly to the purchaser, provided that those charges are separately stated and the transportation occurs by means of common carrier, contract carrier or the United States mail;
(8) The fee imposed by Title 10, section 1169, subsection 11;
(9) The fee imposed by section 4832, subsection 1;
(10) The lead-acid battery deposit imposed by Title 38, section 1604, subsection 2-B;
(11) Any amount charged or collected by a person engaged in the rental of living quarters as a forfeited room deposit or cancellation fee if the prospective occupant of the living quarters cancels the reservation on or before the scheduled date of arrival;
(12) The premium imposed on bulk motor vehicle oil and prepackaged motor vehicle oil by Title 10, section 1020, subsection 6-A; or
(13) Any amount charged for the disposal of used tires.
Sec. 23. 38 MRSA §568-B, sub-§2, ¶E, as amended by PL 2001, c. 356, §8, is further amended to read:
Sec. 24. 38 MRSA §570-H, as amended by PL 2007, c. 292, §37, is further amended to read:
§ 570-H. Report; adequacy of fund
On or before February 15th of each year, the Fund Insurance Review Board, with the cooperation of the commissioner, shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the department's and the board's experience administering the fund, clean-up activities and 3rd-party damage claims. The report must include an assessment of the adequacy of the fund to cover anticipated expenses and any recommendations for statutory change. The report also must include an assessment of the adequacy of the Underground Oil Storage Replacement Fund and the Waste Oil Clean-up Fund to cover anticipated expenses and any recommendations for statutory change. To carry out its responsibility under this section, the board may order an independent audit of disbursements from the Groundwater Oil Clean-up Fund , and the Underground Oil Storage Replacement Fund and the Waste Oil Clean-up Fund.
Sec. 25. Final use of funds in Waste Oil Clean-up Fund by the authority. Within 30 days of the effective date of this Act, the Finance Authority of Maine shall ascertain the balance in the Waste Oil Clean-up Fund established in the Maine Revised Statutes, Title 10, section 1023-L. After ascertaining that amount, the authority shall disburse that amount to eligible persons at the waste motor oil disposal site in Plymouth, as defined in Title 10, section 963-A, subsection 51-E, paragraph A, in accordance with the certificate of determination pursuant to Title 10, section 1020-A, subsection 4. The authority shall disburse that amount to those eligible persons on a pro rata basis.
Sec. 26. Elimination of loan balances. Notwithstanding any provision of law to the contrary, the Finance Authority of Maine, within 30 days of the effective date of this Act, shall ascertain the outstanding loan balance of each borrower under the Plymouth Waste Oil Loan Program under the Maine Revised Statutes, Title 10, section 1023-M. Each outstanding loan balance must be treated as if the loan funds were a grant to the borrower from the Finance Authority of Maine and the borrower has no further obligation to the Finance Authority of Maine related to the loan balance nor does the Finance Authority of Maine have any further obligation under the Plymouth Waste Oil Loan Program except to release and discharge any corresponding loan collateral.
Sec. 27. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 10, section 1020, subsection 1 and repeal and replace Title 10, section 1020, subsection 6-A take effect July 1, 2011. Those sections of this Act that amend Title 10, section 1020-A, subsection 2 and Title 38, section 568-B, subsection 2, paragraph E and repeal Title 10, section 963-A, subsection 47-B, paragraph C and sections 1023-L and 1023-M take effect December 31, 2012.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved, except as otherwise indicated.