Legislative Document No. 1998 S.P. 700 In Senate, January 8, 2020
An Act To Amend the Waste Motor Oil Disposal Site Remediation Program
(EMERGENCY)
Submitted by the Finance Authority of Maine pursuant to Joint Rule 203. Reference to the Committee on Environment and Natural Resources suggested and ordered printed.
DAREK M. GRANT Secretary of the Senate
Presented by Senator CARSON of Cumberland.
Printed on recycled paper 1 Emergency preamble. Whereas, acts and resolves of the Legislature do not 2 become effective until 90 days after adjournment unless enacted as emergencies; and
3 Whereas, in 2007, the Legislature established the waste motor oil disposal site 4 remediation program pursuant to the Maine Revised Statutes, Title 10, section 1020-A to 5 help eligible responsible parties pay their share of response costs associated with the 6 cleanup of sites in Casco, Ellsworth, Plymouth and Presque Isle formerly operated by the 7 now-defunct Portland-Bangor Waste Oil Company; and
8 Whereas, the program authorized the Finance Authority of Maine, among other 9 things, to issue bonds to fund the response costs of eligible responsible parties at the sites; 10 and
11 Whereas, the bond payments were successfully made with revenues collected from 12 various premiums on motor oil changes, bulk motor vehicle oil and prepackaged motor 13 oil sales and motor vehicle oil sold in various sizes and refinements; and
14 Whereas, the program generated sufficient revenues to enable payment of all debt 15 service and other expenses related to the bonds as well as other related statutory 16 obligations so that all obligations for past costs have been fully met; and
17 Whereas, the bonds have been fully redeemed and retired early by the Finance 18 Authority of Maine; and
19 Whereas, legislation is needed to direct the Finance Authority of Maine as to how to 20 direct the remaining excess funds and conclude the program; and
21 Whereas, in the judgment of the Legislature, these facts create an emergency within 22 the meaning of the Constitution of Maine and require the following legislation as 23 immediately necessary for the preservation of the public peace, health and safety; now, 24 therefore,
25 Be it enacted by the People of the State of Maine as follows:
26 Sec. 1. 10 MRSA §1020, sub-§2, ¶D, as amended by PL 2009, c. 434, §1 and 27 affected by §84, is further amended to read: 28 D. All revenue received from the State Tax Assessor pursuant to former subsection 6 29 and former subsection 6-A. 30 Sec. 2. 10 MRSA §1020, sub-§6-A, as repealed and replaced by PL 2011, c. 211, 31 §5 and affected by §27, is repealed.
32 Sec. 3. 10 MRSA §1020-B, as amended by PL 2011, c. 211, §13, is repealed. 33 Sec. 4. 10 MRSA §1020-C, sub-§1, ¶A, as amended by PL 2011, c. 548, §1 and 34 affected by §36, is further amended to read:
Page 1 - 129LR3036(01)-1 1 A. "Eligible dealer" means a motor vehicle oil dealer that has sold or distributed 2 motor vehicle oil outside the State on which the motor vehicle oil premium was 3 imposed by section 1020, former subsection 6-A. 4 Sec. 5. 10 MRSA §1020-D is enacted to read: 5 §1020-D. Repeal.
6 This subchapter is repealed June 30, 2020.
7 Sec. 6. 10 MRSA §1053, sub-§6, ¶E, as amended by PL 2007, c. 464, §9, is 8 further amended to read: 9 E. The sum of $120,000,000 consisting of not more than $100,000,000 for loans and 10 up to $20,000,000 for use of bond proceeds to fund capital reserve funds for revenue 11 obligation securities issued pursuant to this subchapter relating to loans for paper 12 industry job retention projects; and 13 Sec. 7. 10 MRSA §1053, sub-§6, ¶F, as amended by PL 2007, c. 464, §9, is 14 further amended to read: 15 F. The sum of $100,000,000 consisting of not more than $85,000,000 for loans and 16 up to $15,000,000 for use of bond proceeds to fund capital reserve funds for revenue 17 obligation securities issued pursuant to this subchapter relating to loans for 18 transmission facilities projects as defined in section 963-A, subsection 49-H; and. 19 Sec. 8. 10 MRSA §1053, sub-§6, ¶G, as enacted by PL 2007, c. 464, §9, is 20 repealed.
21 Sec. 9. 36 MRSA §112, sub-§8, ¶A, as amended by PL 2011, c. 548, §10, is 22 further amended to read: 23 A. Collection of the tax on fire insurance companies imposed by Title 25, section 24 2399; and 25 Sec. 10. 36 MRSA §112, sub-§8, ¶D, as amended by PL 2011, c. 548, §10, is 26 repealed.
27 Sec. 11. 36 MRSA §144, sub-§2, ¶A, as amended by PL 2011, c. 211, §18 and c. 28 380, Pt. M, §2, is further amended to read: 29 A. Subsection 1 does not apply in the case of premiums imposed pursuant to Title 30 10, section 1020, subsection 6-A, sales and use taxes imposed by Part 3, estate taxes 31 imposed by chapter 575 or 577, income taxes imposed by Part 8 and any other tax 32 imposed by this Title for which a specific statutory refund provision exists. 33 Sec. 12. 36 MRSA §191, sub-§2, ¶RR, as corrected by RR 2011, c. 1, §51, is 34 repealed.
35 Sec. 13. Transfer from the Waste Motor Oil Revenue Fund to the 36 Uncontrolled Sites Fund. Notwithstanding any provision of the Maine Revised
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