Maine Legislature, Session 121, LD 1257
Committee Amendment CA_A_H855 (House)
Amends: 32 MRSA §1866, 32 MRSA §1866-E

COMMITTEE AMENDMENT ,A" to H.P. 931, L.D. 1257, Bill, "An 
Act To Increase Returnable Beverage Container Redemption Rates" 
Amend the bill by striking out the title and substituting 
the following: 
'An 
Act 
To 
Amend 
the 
Laws 
Concerning 
Returnable 
Beverage 
Containers' 
Further amend the bill by striking out everything after the 
title and before the 
summary and inserting in its place the 
following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the ability of initiators of deposit to enter into 
commingling agreements is of great benefit to those initiators, 
to redemption centers, to the environment and to the citizens of 
this State; 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 enacted by the People of the State of Maine as follows: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 931, L.D. 1257 
Sec. 1. 32 MRSA §1866, sub-§4, ,D, as enacted by PL 2003, c. 
499, §6, is amended to read: 
D. 
Paragraphs A, Band C of this subsection do not apply to 
a 
brewer or vintner who 
annually produces 
no more than 
50,000 gallons of its product or a bottler of water who 
annually 
sells 
no 
more 
than 
250,000 
containers 
each 
containing no more than one gallon of its product. 
In 
addition to the payment of the refund value, an initiator of 
deposit under section 1863-A, subsections 1 to 4 who is also 
a brewer who annually produces no more than 50,000 gallons 
of its product or a bottler of water who annually sells no 
more than 250,000 containers each containing no more than 
one gallon of its product 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 3¢ per returned container. 
Sec. 2. 32 MRSA §1866, sub-§4"E is enacted to read: 
E. 
Notwithstanding prov1s1ons of this subsection to the 
contrary, if a commingling agreement for a product group was 
filed with the department by March 1, 2004, an initiator of 
deposit, whether or not a party to that agreement, is not 
reguired to pay the 1I2¢ handling fee increase reguired by 
this 
subsection 
until 
October 
1, 
2004 
for 
beverage 
containers in that product group picked up by the initiator 
between March 1, 
2004 
and October 
1, 
2004. 
Within 
business days of October L 
2004, an initiator of deposit 
shall 
pay 
the 
1/2t handling 
fee 
increase 
for 
beverage 
containers in that product group picked up by the initiator 
between March 1, 
2004 
and October 1, 
2004 that are not 
covered by a gualified commingling agreement as of October 
1. 2004. 
Sec. 3. 32 MRSA §1866-E, sub-§§2, 4 and 5, as enacted by PL 
2003, c. 499, §8, are amended to read: 
2. 
Reports. 
An initiator of deposit shall report to the 
e*ee~~~ye--~~~~---e~--~~a&--~€¥~--SeFYiees--~~~~--~Re 
gepa~~meR~-~~-~~1Gt~~~-~-F4RaR€4a~--SeFy~eeS State Tax 
Assessor by the 20th day of each month concerning transactions 
affecting its deposit transaction fund in the preceding month. 
The report must be in a form prescribed by the e*ee~~iye-aiFee~eF 
assessor and must include: the number of nonrefillable beverage 
containers 
sold 
and 
the 
number 
of 
nonrefillable 
beverage 
containers 
returned in the 
applicable 
month; 
the 
amount 
of 
deposits received in and payments made 
from the fund in the 
applicable month and the most recent 3-month period; any income 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 93l, L.D. 1257 
earned on amounts in the fund during the applicable month; the 
balance in the fund at the close of the applicable month; and 
such other information as the eHee\:it.ive--Elireet.sf' assessor may 
require 
t.s--¥er~Fffi--~-~-~-~--~R4£--6eet.isB. 
The 
report 
reguired by this subsection must be treated by the assessor as a 
return, 
as 
the 
term is 
defined 
by Title 
36, 
section Ill, 
subsection 4. 
4. 
Transfer of abandoned deposit amounts. 
By the 20th day 
of each month, 
an initiator shall turn over to the eHeeHt.ive 
eiFeet.eF--ef-~~~-~-~~~-~~~~-~£€--~epa~t.meBt.--ef 
AemiBi6t.~at.4ve--aBe--~iBaBeia±--SeFYiee6 State Tax 
Assessor 
the 
initiator's 
abandoned 
deposit 
amounts 
determined pursuant 
to 
subsection 
3. 
Those 
amounts 
may 
be 
paid 
from 
the 
deposit 
transaction fund. 
Amounts collected by the eHee\:i-t4 ... €--El~reet;eF 
assessor pursuant to this subsection must be treated by the 
assessor as a tax, as that term is defined by Title 36, section 
Ill, subsection 5, and must be deposited in the General Fund. 
5. 
Reimbursement of initiators of deposit. 
If in any month 
the authorized payments from the deposit transaction fund by an 
initiator pursuant to this section exceed the funds that are or 
should be in the initiator's deposit transaction fund, the State 
Tax Assessor shall reimburse the initiator, from amounts received 
pursuant to subsection 4, for those refunds paid by the initiator 
for nonrefillable beverage containers for which the funds that 
are or should be in the initiator's deposit transaction fund are 
insufficient; 
except 
that 
reimbursements 
paid 
by 
the 
Seaee 
assessor to an initiator may not exceed amounts paid by the 
initiator te--tae-S-tat.e pursuant to subsection 4 in the preceding 
months 
less 
amounts 
paid ay--tae--State to 
the initiator 
pursuant to this subsection during that same 24-month period. 
Sec. 4. 32 MRSA §1866-E, sub-§5-A is enacted to read: 
5-A. 
Administration by State Tax Assessor. 
The uniform tax 
administration provisions of Title 36, chapter 7 apply to the 
State Tax Assessor's administration of the reports and payments 
reguired by this section. 
Sec. 5. 32 MRSA §1866-E, sub-§7 is enacted to read: 
7. 
Phase in. 
Notwithstanding provisions of this section 
and section 1866 to the contrary, if a commingling agreement for 
a product group was filed with the department by March 1, 2004, 
an 
initiator 
of 
deposit, 
whether 
or 
not 
a 
party 
to 
that 
agreement, is not reguired to turn over to the State Tax Assessor 
the initiator of deposit's abandoned deposit amounts for that 
product group as reguired by subsection 4 until October 1, 2004. 
On October 1, 2004, an initiator of deposit shall turn over to 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,~, to H.P. 931, L.D. 1257 
the State Tax Assessor the abandoned deposit amounts that have 
accrued since March 1, 2004 for all beverage containers that are 
not covered by a qualified commingling agreement, as described in 
section 1866, as of October 1, 2004. 
Sec. 6. Routine technical rule. 
Any rule change necessary to 
implement the inclusion of vintners within the exemption for 
small brewers described in the Maine Revised Statutes, Title 32, 
section 1866, sUbsection 4, paragraph D is a routine technical 
rule as defined in Title 5, chapter 375, subchapter 2-A. 
Emergency clause. 
In view of the emergency ci ted in the 
preamble, this Act takes effect when approved. ' 
SUMMARY 
This amendment is the minority report of the committee. 
The 
amendment 
phases 
in the 
transfer 
of 
unclaimed deposits 
and 
handling fee increases for beverage containers in product groups 
that are the subject of commingling agreements that have been 
filed by March 1, 2004 with the Department of Agriculture, Food 
and 
Rural 
Resources 
regardless 
of 
whether 
the initiator of 
deposit was 
a party to that agreement. 
On October 1, 
2004, 
initiators of deposit must transfer unclaimed deposits and pay 
the additional 1/2¢ handling fee for beverage containers not 
included 
in 
a 
qualified 
commingling 
agreement, 
including 
unclaimed deposits and handling fees that were not transferred or 
paid during the period of March 1, 2004 to October 1, 2004. 
The 
amendment also enables unclaimed deposit amounts to be treated as 
a 
tax and reports concerning unclaimed deposit amounts to be 
treated 
as 
returns, 
for 
the 
purposes 
of 
collection 
and 
enforcement, 
and 
designates 
the 
State 
Tax 
Assessor 
as 
the 
collector of these amounts. 
Additionally, the amendment corrects an error in Public Law 
2003, chapter 499 by including vintners within the exemption to 
commingling 
requirements 
and 
handling 
fee 
increases, 
as 
was 
originally intended and incorrectly understood to be accomplished 
by use of the term "brewer." 
The amendment also specifies that 
any rule change necessary to implement the inclusion of vintners 
is a routine technical rule. 
Finally, 
the 
amendment 
adds 
an 
emergency 
preamble 
and 
emergency clause. 
COMMITTEE AMENDMENT