Sec. 1. 38 MRSA §1310-N, sub-§3-A, ¶B, as enacted by PL 1995, c. 465, Pt. A, §15 and affected by Pt. C, §2, is amended to read:

B. For all other facilities, the commissioner office shall make the determination of public benefit in accordance with section 1310-AA, and the commissioner's office's determination under that section is not subject to review by the department or the board as part of the licensing process under this section.

Sec. 2. 38 MRSA §1310-AA, sub-§1, as enacted by PL 1995, c. 465, Pt. A, §22 and affected by Pt. C, §2, is repealed and the following enacted in its place:

1.__Application for public benefit determination.__Prior to submitting an application under section 1310-N for a license for the following facilities, a person must apply to the office for a determination of whether the proposed facility provides a substantial public benefit:

A.__A new or expanded solid waste disposal facility; and

B.__Any other new or expanded solid waste facility except for a facility that only handles solid waste generated within:

(1)__The municipality in which the facility is located;

(2)__A regional association that includes the municipality where the facility is located; or

(3)__Two or more municipalities that have entered into an interlocal agreement for handling solid waste at the facility in accordance with Title 30-A, chapter 115, and the facility is located in one such municipality.

For purposes of this subsection, an application that seeks authority to handle or dispose of solid waste at an existing disposal facility that is different in type or volume from the solid waste that is already authorized to be handled or disposed of at the disposal facility is considered an application for a license of a new or expanded solid waste disposal facility.

Sec. 3. 38 MRSA §1310-AA, sub-§§2 and 3, as enacted by PL 1995, c. 465, Pt. A, §22 and affected by Pt. C, §2, are amended to read: