An Act To Increase Returnable Beverage Container Redemption Rates
Maine Legislature, Session 121, LD 1257
Committee: Business, Research and Economic Development
Sponsors: DUNLAP, CATHCART, NORBERT, PERRY, RINES, SULLIV AN, THOMAS, BRYANT
Amends: 32 MRSA §1863-A, 32 MRSA §1866, 32 MRSA §1871-B, 38 MRSA §2201

Legislative Document 
No. 1257 
H.P.931 
House of Representatives, March 6, 2003 
An Act To Increase Returnable Beverage Container Redemption 
Rates 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative DUNLAP of Old Town. 
17/~1I7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representati ve GOODWIN of Pembroke, Senator CATHCART of Penobscot 
and Representatives: NORBERT of Portland, PERRY of Bangor, RINES of Wiscasset, 
SULLIV AN of Biddeford, THOMAS of Orono, Senator: BRYANT of Oxford. 
Printed on recycled papt:r 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 32 MRSA §1863-A, as enacted by PL 1991, c. 819, §3, 
is amended to read: 
§1863-A. Refund value 
To encourage container reuse and recycling, every beverage 
container sold or offered for sale to a consumer in this State 
must have a deposit and refund value. 
The deposit and refund 
value are determined according to the provisions of this section. 
1. 
Refillable 
containers. 
For 
refillable 
beverage 
containers, except wine and spirits containers, the manufacturer 
shall determine the deposit and refund value according to the 
type, kind and size of the beverage container. 
The deposit and 
refund value may not be less than e¢ Lt. 
2. 
Nonrefillable containers; 
exclusive distributorships. 
For nonrefillable beverage containers, except wine and spirits 
containers, 
sold 
through 
geographically 
exclusive 
distributorships, the distributor shall determine and initiate 
the deposit and refund value according to the type, kind and size 
of the beverage container. 
The deposit and refund value must not 
be less than e¢ Lt. 
3. 
Nonrefillable 
containers; 
nonexclusive 
distributorships. 
For nonrefillable beverage containers, except 
wine 
and spirits containers, 
not sold through geographically 
exclusive distributorships, the deposit and refund value may not 
be less than e¢ Lt. 
4. 
Nine 
and spirits containers. 
For 
wine 
and spirits 
containers of greater than 50 milliliters, the refund value may 
not be less than le¢ 2..Q..t. 
On January 1, 1993, the department 
shall issue a finding on the percentages of wine containers and 
spirits containers returned for deposit. 
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ae¢T 
Sec. 2. 32 MRSA §1866, sub-§4, as amended by PL 1991, c. 819, 
§7, is further amended to read: 
4. 
Reimbursement 
of 
handlinq 
costs. 
handling costs is governed by this subsection. 
Reimbursement 
of 
A. 
In addition to the payment of the refund value, the 
initiator of the deposit under section 1863-A, subsections 
IT 
and 
aRQ--4 
shall 
reimburse 
the 
dealer 
or 
local 
redemption 
center 
for 
the 
cost 
of 
handling 
beverage 
containers subject to section 1863-A, 
in an amount that 
equals at least ~¢ ~ 
per returned container. 
B. 
In addition to the payment of the refund value, the 
initiator of the deposit under section 1863-A, subsection 3 
shall reimburse the dealer or local redemption center for 
the cost of handling beverage containers subject to section 
1863-A in 
an 
amount 
that equals at least 
~¢ ~ 
per 
returned 
container. 
The 
initiator 
of 
the 
deposit 
may 
reimburse the dealer or local redemption center directly or 
indirectly through a contracted agent. 
C. 
In addition to the payment of the refund value, the 
initiator of the deposit under section 1863-A, subsection 4 
shall reimburse the dealer or local redemption center for 
the cost of handling beverage containers subject to section 
1863-A in an amount that eQuals at least 5¢ per returned 
container. 
Sec. 3. 32 MRSA §1871-B, sub-§2, ~A-l is enacted to read: 
A-1. 
One half of 1t of each deposit collected under section 
1863-Aj 
Sec. 4. 38 MRSA §2201, first~, as amended by PL 1995, c. 465, 
Pt. A, §72 and affected by Pt. C, §2, is further amended to read: 
The Maine Solid Waste Management Fund, referred to in this 
section as the "fund," is established as a nonlapsing fund to 
support programs administered by the State Planning Office and 
the Department of Environmental Protection. 
The fund must be 
segregated into 
subsidiary accounts. 
The first subsidiary 
account, 
called operations, 
receives all fees established and 
received under article 1. 
The 
2nd subsidiary account, called 
administration, receives all fees established under this article 
and under Title 36, 
chapter 719, 
all funds 
recovered by the 
department as reimbursement for departmental expenses incurred to 
abate imminent threats to public health, safety and welfare posed 
by the illegal disposal of solid waste and, except as provided in 
Title 
32, 
section 
1871-B, 
subsection 
2, 
paragraph A-I, 
all 
unclaimed deposits returned to the State under Title 32, chapter 
28. 
Sec. 5. Effective date. 
This Act takes effect January 1, 2004. 
SUMMARY 
This bill accomplishes the following: 
1. 
It raises from 5¢ to 7¢ the deposit on refillable and 
nonrefillable 
beverage 
containers, 
except 
wine 
and 
spirits 
containers; 
2. 
It raises from 
15¢ to 
20¢ 
the deposit on wine and 
spirits containers; 
3. 
It specifies that 1/2 of 1¢ of each deposit must be 
placed in the Beverage Container Enforcement Fund, which is used 
to fund the administrative and enforcement responsibilities under 
the bottle return laws of the Department of Agriculture, Food and 
Rural Resources; and 
4. 
It increases the handling fee that initiators of deposit 
must pay to dealers or redemption centers from 3¢ to 4.5¢ and 5¢, 
depending on the type of beverage container.