APPROVED CHAPTER
APRIL 18, 2022 626
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
S.P. 523 - L.D. 1639
An Act To Protect the Health and Welfare of Maine Communities and
Reduce Harmful Solid Waste
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1303-C, sub-§40-A, as enacted by PL 2019, c. 619, §3, is
amended by enacting at the end a new first blocked paragraph to read:
Beginning February 1, 2023, notwithstanding paragraphs B, C and E, if the total weight of
the residue generated in a calendar year by an incineration facility, recycling facility or
solid waste processing facility that is disposed of or otherwise placed in a solid waste
landfill in that calendar year exceeds the total weight of the solid waste initially generated
within the State that was incinerated or processed by that facility in that calendar year, any
such excess residue generated by that facility is not considered waste generated within the
State.
Sec. 2. 38 MRSA §1310-N, sub-§5-A, ¶B, as amended by PL 2019, c. 619, §4, is
further amended by amending subparagraph (2) to read:
(2) A solid waste processing facility that generates residue requiring disposal shall
recycle or process into fuel for combustion all waste accepted at the facility to the
maximum extent practicable, but in no case at a rate less than 50%. For purposes
of this subsection, "recycle" includes, but is not limited to, the reuse of waste
generated within the State as defined in section 1303-C, subsection 40-A,
paragraph C; the recovery of metals from waste; the use of waste or waste-derived
product as material substitutes in construction; and the use of waste as boiler fuel
substitutes.
At least 50% of the waste that a solid waste processing facility characterizes as
recycled under this subparagraph must have been reused or recycled by the facility
through methods other than placement of the waste in a solid waste landfill, except
that a solid waste processing facility that was in operation during calendar year
2018, that accepts exclusively construction and demolition debris and that accepted
more than 200,000 tons of such debris in calendar year 2018 shall:
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 (a) Reuse or recycle at least 15% of such debris through methods other than
placement in a solid waste landfill by January 1, 2022; and
(b) Reuse or recycle at least 20% of such debris through methods other than
placement in a solid waste landfill by January 1, 2023.;
(c) Reuse or recycle at least 30% of such debris through methods other than
placement in a solid waste landfill by January 1, 2024;
(d) Reuse or recycle at least 40% of such debris through methods other than
placement in a solid waste landfill by January 1, 2025; and
(e) Reuse or recycle at least 50% of such debris through methods other than
placement in a solid waste landfill by January 1, 2026.
A solid waste processing facility that was in operation during calendar year 2018,
that accepts exclusively construction and demolition debris and that accepted more
than 200,000 tons of such debris in calendar year 2018 may request and the
department may grant a waiver of the applicable provisions of this subparagraph
for a specified period of time if the facility is able to demonstrate that compliance
with the applicable provisions of this subparagraph would result in an unreasonable
adverse impact on the facility. The demonstration may include results of a 3rd-
party audit of the facility. In determining whether to grant such a waiver request,
the department may consider trends in local, regional, national and international
markets; the availability and cost of technologies and services; transportation and
handling logistics; and overall costs that may be associated with various waste
handling methods.
Sec. 3. 38 MRSA §1310-AA, sub-§3, ¶C, as amended by PL 2007, c. 338, §3 and
affected by §5, is further amended to read:
C. Is not inconsistent with local, regional or state waste collection, storage,
transportation, processing or disposal; and
Sec. 4. 38 MRSA §1310-AA, sub-§3, ¶D, as amended by PL 2007, c. 655, §10,
is further amended to read:
D. For a determination of public benefit under subsection 1‑A only, facilitates the
operation of a solid waste disposal facility and the operation of that solid waste disposal
facility would be precluded or significantly impaired if the waste is not accepted.; and
Sec. 5. 38 MRSA §1310-AA, sub-§3, ¶E is enacted to read:
E. For a proposed facility or the expansion of a facility, is not inconsistent with
ensuring environmental justice for the community in which the facility or expansion is
proposed.
As used in this paragraph, "environmental justice" means the right to be protected from
environmental pollution and to live in and enjoy a clean and healthful environment
regardless of ancestry, class, disability, ethnicity, income, national origin or religion.
"Environmental justice" includes the equal protection and meaningful involvement of
all people with respect to the development, implementation and enforcement of waste
management laws, rules, regulations and licensing decisions.
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 Sec. 6. Department of Administrative and Financial Services, Bureau of
General Services to evaluate options for renegotiation of operating services
agreement governing operation of state-owned landfill. The Department of
Administrative and Financial Services, Bureau of General Services shall evaluate options
for the renegotiation of the operating services agreement of February 5, 2004, as amended,
governing the operation of the state-owned solid waste landfill in Old Town for the purpose
of ensuring that existing capacity at that landfill is prioritized for management of waste
initially generated within the State within the meaning of the Maine Revised Statutes, Title
38, section 1303-C, subsection 40-A, paragraph A.
By January 15, 2023, the Department of Administrative and Financial Services, Bureau
of General Services shall report to the joint standing committee of the Legislature having
jurisdiction over environment and natural resources matters the results of its evaluation
under this section and shall provide any recommendations for legislative action necessary
to ensure that existing capacity at the state-owned solid waste landfill in Old Town is
prioritized for management of waste initially generated within the State. After receiving
the report, the joint standing committee may report out legislation to implement any such
recommendations to the 131st Legislature in 2023.
Sec. 7. Appropriations and allocations. The following appropriations and
allocations are made.
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Remediation and Waste Management 0247
Initiative: Deallocates funding for grants to municipalities for the costs of landfill closure
and remediation.
OTHER SPECIAL REVENUE FUNDS 2021-22 2022-23
All Other $0 ($156,250)
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $0 ($156,250)
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Statutes affected:
Bill Text LD 1639, SP 523: 38.1303, 38.1310
Bill Text ACTPUB , Chapter 626: 38.1303, 38.1310