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Public Law
123rd Legislature
First Regular Session
Chapter 91
H.P. 245 - L.D. 301
An Act Relating to Alternate Directors for Public Waste Disposal Corporations
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1304-B, sub-§5,  as amended by PL 1995, c. 81, §1, is further amended to read:
 
5. Public waste disposal corporations.   Notwithstanding any law, charter, ordinance provision or limitation to the contrary, pursuant to anyan interlocal agreement entered into in accordance with Title 30-A, chapter 115, any 2 or more municipalities may organize or cause to be organized or may participate in one or more corporations organized as nonprofit corporations under Title 13, chapter 81, or Title 13-B for the purpose, among other permissible purposes, of owning or operating any one or more waste facilities described in subsection 4, paragraph A, and a. A subscribing municipality may agree in any suchan interlocal agreement to pay fees, assessments or other payments as described in subsection 4, paragraph B, for such a term of years and on such other terms as the interlocal agreement may provide and may pledge the full faith and credit of the municipality to the same extent provided in subsection 4, paragraph C. The applicable interlocal agreement or the articles of incorporation or the bylaws of the corporation may provide that the municipal officers of a municipality participating in the corporation may appoint an alternate director or alternate directors to act as the municipality’s representative to the corporation’s board of directors in the absence of the director or directors elected by the municipal officers. A corporation described in this subsection is a public municipal corporation as that term is used in Title 36, section 651, subsection 1, paragraph D, and its real and personal property located in subscribing, participating and associate member municipalities is exempt from municipal property taxation to the extent provided by Title 36, section 651, subsection 1, paragraph D. The applicable interlocal agreement or the articles of incorporation or bylaws of the corporation must provide that:
 
A.  The corporation must be organized and continuously thereafter operated as a nonprofit corporation, no part of the net earnings of which may inure to the benefit of any member, director, officer or other private person;
 
B.  The directors of the corporation must be elected by the municipal officers of the municipalities participating in the corporation; and
 
C.  Upon dissolution or liquidation of the corporation, title to all of its property vests in one or more of the municipalities participating in the corporation.
 
Any interlocal agreement complying with the requirements of this subsection and subsection 6 must be a properly authorized, legal, valid, binding and enforceable obligation of the municipality, regardless of whether the agreement was authorized, executed or delivered prior to or after the effective date of this subsection. Any corporation organized in a manner that satisfies the requirements set forth in this subsection and subsection 6, whether organized prior to or after the effective date of this subsection, is deemed for all purposes as organized pursuant to this subsection. If so provided in the applicable interlocal agreement, any such corporation has the power, in addition to any other powers that may be delegated under Title 30-A, chapter 115, to issue, on behalf of one or more of the municipalities participating in the corporation, in order to finance the facilities, revenue obligation securities issued in accordance with Title 10, chapter 110, subchapter IV,4 and any other bonds, notes or debt obligations that municipalities are authorized to issue by applicable law. For these purposes, the term “municipal officers” as used in Title 10, chapter 110, subchapter IV,4 means the board of directors of any corporation described in this subsection. Title 10, section 1064, subsection 6, may not be construed to prohibit the assignment or pledge as collateral security of any contract of a municipality authorized by this section or of any or all of the payments under this section, regardless of whether the provisions of subsection 4, paragraph C, are applicable to the contract or payments. The provisions of Title 10, sections 1063 and 1064, subsection 1, paragraph A and paragraph C, subparagraph (4) do not apply to revenue obligation securities issued by any public waste disposal corporation described in this subsection.
 
Effective September 20, 2007