BIDDEFORD —The Legislature passed a bill Tuesday that would prevent the automatic transfer of the solid waste license of the Maine Energy Recovery Company if the downtown incinerator is sold. Instead, local communities would have time to investigate the potential owner and ensure it is a good corporate citizen.

The bill was co-sponsored by all members of the Biddeford-Saco legislation, and has made its way to Gov. John Baldacci’s desk, where it awaits his signature.

LD 1476 ensures that the transfer of the license for the Maine Energy Recovery Company incinerator is not just “rubber-stamped,” said the bill’s main sponsor, State Sen. Barry Hobbins, D-Saco.

It allows local communities 180 days to conduct due diligence of a new potential owner to make sure it is financially capable of running the facility and “look to see whether they have any kind of exit plan” which might include relocating or closing the plant, said Hobbins.

“For the city, it’s important to be able to protect itself,” said City Manager John Bubier. He noted that the facility is currently operating without a license.

The bill, which was reviewed by the legislature’s Natural Resources Committee, underwent some revisions from Hobbins’ original draft.

It was the Department of Environmental Protection, under the direction of Commission David Littell, that redrafted the bill, according to Hobbins. He noted that both the commissioner and Gov. Baldacci have been supportive of the bill.

One of the changes ensures that only commercially owned solid waste incinerators are affected.

Some initial opposition to the bill had been raised by several other owners of solid waste incinerators in the state. However, these incinerators are owned by public, not-for-profit entities, including the communities in which they are located, and so they would not be affected by the bill, said Hobbins.

Likewise, he noted, if ownership of Maine Energy was transferred to a not-for-profit entity, such as the city of Biddeford, this legislation would not come into play.

Another change to LD 1476 specified that local communities do not have absolute veto power whether or not to grant the license transfer. Hobbins noted that if that authority were kept in, it is unlikely a transfer would ever be allowed by Biddeford.

Joe Fusco, spokesman for Maine Energy’s parent company Casella Waste System, Inc., said the bill has always been viewed by Casella as “problematic” because it was “aimed at a single facility.”

“It’s probably not the best message Maine could sent to the outside world” regarding the state’s business climate, he added.

However, Fusco said, the alteration of the bill to prohibit local communities from absolutely preventing the transfer makes the bill “less ghastly.”

Another factor of the bill is that a public hearing to review an application for a license transfer must be held in the vicinity of the plant, not in Augusta.

Hobbins credits his bill with bringing Casella to the bargaining table. A task force, which was formed by the governor, has been meeting for several weeks to talk about an exit strategy for Maine Energy. The task force is made up of city officials of both Biddeford and Saco, representatives of the state and Maine Energy and Casella representatives.

“The talks are going quite well,” said Bubier, who is a member of the task force. He said they involve a lot of “soul searching ”¦ about how to better serve the city of Biddeford.”

The governor has up to 10 days to sign the legislation.

— Staff Writer Dina Mendros can be contacted at 282-1535, Ext. 324 or dmendros@journaltribune.com.