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Resolve, To Establish a Blue Ribbon Commission on Solid Waste Management
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  this resolve establishes the Blue Ribbon Commission on Solid Waste Management; and
Whereas,  the study must be initiated before the 90-day period expires in order that the study may be completed and a report submitted in time for submission to the next legislative session; 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, be it
Sec. 1 Commission established. Resolved: That the Blue Ribbon Commission on Solid Waste Management, referred to in this resolve as “the commission,” is established to study the management of solid waste in this State; and be it further
Sec. 2 Membership. Resolved: That the commission consists of 9 members having a broad range of expertise in the area of solid waste management policy appointed as follows :
1. Three members appointed by the President of the Senate, including at least one member of the Senate with knowledge of solid waste management matters and at least one public member with expertise in solid waste management matters;
2. Four members appointed by the Speaker of the House, including at least one member of the House with knowledge of solid waste management matters and at least one public member with expertise in solid waste management matters;
3. The Commissioner of Environmental Protection or the commissioner’s designee; and
4. The Director of the State Planning Office within the Executive Department or the director’s designee; and be it further
Sec. 3 Appointments; chair. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. The first-named Senate member and the first-named House member are cochairs of the commission and shall call and convene the first meeting of the commission no later than July 30, 2006; and be it further
Sec. 4 Duties. Resolved: That the commission shall undertake a comprehensive review of the management of solid waste in this State:
1. The commission shall give priority consideration to the following issues:
A. The State’s importation and exportation of municipal solid waste and construction and demolition debris. The commission’s review must include an evaluation of the economic and environmental impacts of the importation, processing and disposal of construction and demolition debris and of any imposed limitation on the burning of construction and demolition debris;
B. A management structure for how solid waste should be managed in the State, taking into consideration the current management structure for solid waste in the State, trends in solid waste management, solid waste management models, state solid waste policies, future solid waste management needs of the State and the work done by the Executive Department, State Planning Office pursuant to the Maine Revised Statutes, Title 38, section 2123-B; and
C. The solid waste management hierarchy as specified in Title 38, section 2101.
2. The commission shall also review the following:
A. The definition of “host community” for the purpose of eligibility for host community benefits;
B. Municipal solid waste incineration;
C. The state recycling and waste reduction goals specified in Title 38, section 2132; and
D. Other matters considered relevant by the commission; and be it further
Sec. 5 Authorized number of meetings; public comment. Resolved: That the commission is authorized to hold 10 meetings, including at least one meeting at which the commission provides an opportunity for public comment; and be it further
Sec. 6 Report. Resolved: That, no later than January 1, 2007, the commission shall submit a report of its findings, together with any necessary implementing legislation, to the Joint Standing Committee on Natural Resources. The report must include recommendations with respect to the appropriate solid waste management regime in this State, including the management of construction and demolition debris, and the appropriate solid waste management hierarchy for this State. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out a bill during the First Regular Session of the 123rd Legislature concerning the findings and recommendations of the commission; and be it further
Sec. 7 Extension. Resolved: That, if the commission requires a limited extension of time to complete its study and make its report, it may apply to the Legislative Council, which may grant an extension; and be it further
Sec. 8 Compensation. Resolved: That the legislative members of the commission are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for travel and other necessary expenses related to their attendance at authorized meetings of the commission. Public members not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement of necessary expenses and a per diem equal to the legislative per diem for their attendance at authorized meetings of the commission; and be it further
Sec. 9 Outside funding for consultant. Resolved: That the commission may seek outside funds to fund the costs of contracting with a consultant or expert to provide support to the commission. Contributions to support the work of the commission may not be accepted from any party having pecuniary or other vested interest in the outcome of the matters being studied. Any person, other than a state agency, desiring to make a financial or in-kind contribution must certify to the Legislative Council that is has no pecuniary or other vested interest in the outcome of the study. Such certification must be made in the manner prescribed by the Legislative Council. All contributions are subject to approval by the Legislative Council. All funds accepted must be forwarded to the Executive Director of the Legislative Council along with an accounting record that includes the amount of funds, the date the funds were received, from whom the funds were received and the purpose of and any limitation on the use of those funds. The Executive Director of the Legislative Council shall administer any funds received by the commission. The executive director shall notify the chair of the commission when sufficient funding has been received; and be it further
Sec. 10 Staffing. Resolved: That the Department of Environmental Protection shall provide primary staff support to the commission. At the request of the commission, the Executive Department, State Planning Office shall provide staffing assistance to the commission; and be it further
Sec. 11 Commission meetings. Resolved: That meetings of the commission are public proceedings and records of the commission are public records as defined in the laws governing freedom of access, the Maine Revised Statutes, Title 1, chapter 13; and be it further
Sec. 12 Appropriations and allocations. Resolved: That the following appropriations and allocations are made.
 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
 
Remediation and Waste Management 0247
 
Initiative: Allocates for departmental coordination and professional facilitation of stakeholder meetings at various locations statewide.
 	 	 	
 OTHER SPECIAL REVENUE FUNDS 	 2005-06 	 2006-07 	
All Other
	$0	$5,850	
 	 	 	
OTHER SPECIAL REVENUE FUNDS	$0	$5,850	
 	 	 	
 ENVIRONMENTAL PROTECTION, DEPARTMENT OF 	 	 	
 DEPARTMENT TOTALS 	 2005-06 	 2006-07 	
 	 	 	
OTHER SPECIAL REVENUE FUNDS
	$0	$5,850	
 	 	 	
 DEPARTMENT TOTAL - ALL FUNDS 	$0	$5,850	
 
LEGISLATURE
 
Study Commissions - Funding 0444
 
Initiative: Allocates for the per diem and expenses of the Blue Ribbon Commission on Solid Waste Management. These funds must be transferred from the Maine Solid Waste Management Fund to the Legislature no later than July 1, 2006 to carry out the purposes of this resolve.
 	 	 	
 OTHER SPECIAL REVENUE FUNDS 	 2005-06 	 2006-07 	
Personal Services
	$0	$3,850	
All Other
	$0	$5,300	
 	 	 	
OTHER SPECIAL REVENUE FUNDS	$0	$9,150	
 	 	 	
 LEGISLATURE 	 	 	
 DEPARTMENT TOTALS 	 2005-06 	 2006-07 	
 	 	 	
OTHER SPECIAL REVENUE FUNDS
	$0	$9,150	
 	 	 	
 DEPARTMENT TOTAL - ALL FUNDS 	$0	$9,150	
 	 	 	
 SECTION TOTALS 	 2005-06 	 2006-07 	
 	 	 	
OTHER SPECIAL REVENUE FUNDS
	$0	$15,000	
 	 	 	
 SECTION TOTAL - ALL FUNDS 	$0	$15,000	
Emergency clause.  In view of the emergency cited in the preamble, this resolve takes effect when approved.