An Act To Improve the State's Returnable Bottle Law and Adjust Handling Fees
Maine Legislature, Session 121, LD 0985
Committee Amendment CA_A-SA_B_S250 (Senate)

SENATE 
AMENDMENT "13,, to COMMITTEE 
AMENDMENT 
"A" to S.P. 
326, L.D. 985, Bill, "An Act To Improve the State's Returnable 
Bottle Law and Adjust Handling Fees" 
Amend the amendment on page 2 in subsection 4 in paragraph A 
in the 5th line from the end (page 2, line 14 in amendment) by 
striking out the following: 
"January" and inserting in its place 
the following: 
'~' 
Further amend the amendment on page 2 in subsection 4 in 
paragraph A in the 4th line from the end (page 2, line 15 in 
amendment) 
by 
striking 
out 
the 
following: 
"January" 
and 
inserting in its place the following: 
'~' 
Further amend the amendment on page 2 in subsection 4 in 
paragraph B in the 5th line from the end (page 2, line 26 in 
and 
amendment) 
by 
striking 
out 
the 
following: 
"January" 
inserting in its place the following: 
'June' 
Further amend the amendment on page 2 in subsection 4 in 
paragraph B in the 4th line from the end (page 2, line 27 in 
and 
amendment) 
by 
striking 
out 
the 
following: 
"January" 
inserting in its place the following: 
'~' 
Further amend the amendment on page 2 in subsection 4 in 
paragraph C in the 6th line (page 2, line 37 in amendment) by 
inserting after the following: 
"~" the following: 
'product 
grQUp, , 
Further amend the amendment on page 2 in subsection 4 in 
paragraph C in the 9th line (page 2, line 40 in amendment) by 
inserting after the following: 
"~" the following: 
'product 
group, , 
Page l-LR1324(10) 
SENATE AMENDMENT 
~'O. 
~.~' 
2B 
SENATE 
AMENDMENT "6,, to COMMITTEE 
AMENDMENT 
"A" to S. P. 
326, 
L.D. 985 
Further amend the amendment on page 2 in subsection 4 in 
paragraph C in the 11th line (page 2, line 42 in amendment) by 
inserting after the following: "agreement." the following: 
'Once 
the initiator of deposit has established a gualified commingling 
agreement for containers of a like product group, material and 
size, the department shall allow additional brands to be included 
from a different product group if they are of like material.' 
Further amend the amendment on page 2 in subsection 4 in 
paragraph C in the 2nd line from the end (page 2, line 48 in 
amendment) 
by 
inserting 
after 
the 
following: 
"like" 
the 
following: 
'product group,' 
Further amend the amendment in section 4 in subsection 4 by 
inserting after paragraph C the following: 
'D. 
Paragraphs A, Band C of this subsection do not apply 
to 
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. 
In addition to the 
payment of the refund value, an initiator of deposit under 
section 1863-11., 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 1863-11. 
in an 
amount that 
eguals at least 3¢ per returned container.' 
Further amend the amendment on page 3 
paragraph in the 4th line (page 3, 
line 
inserting after the following: 
"like" the 
group, , 
in the 2nd indented 
in amendment) 
by 
following: 
'product 
Further amend the amendment on page 3 by striking out all of 
the 3rd and 4th indented paragraphs (page 3, lines 17 to 21 in 
amendment) 
Further 
amend 
the 
amendment 
on 
page 
designated 
"S1866-E." 
by 
inserting 
before 
following indented paragraph: 
in 
that 
subsection 
part 
the 
'The provisions of this section apply only to those beverage 
containers 
that are 
not 
subject to 
a 
commingling 
agreement 
pursuant to section 1866-D.' 
SENATE AMENDMENT 
'" 
~co· 
SENATE 
AMENDMENT "0" to COMMITTEE 
AMENDMENT 
"A" to S.P. 326, 
L.D. 985 
Further 
"§1866-E." by 
its place the 
amend 
the 
amendment 
in 
that 
part 
designated 
striking out all of subsection 6 and inserting in 
following: 
'6. 
Small bottlers and brewers 
exempt. 
A brewer 
who 
produces no more than 50,000 gallons of its product or a bottler 
of 
water 
who 
sells 
no 
more 
than 
250,000 
containers 
each 
containing no more than one gallon of its product in a calendar 
year is exempt from the reguirements of this section for that 
~' 
SUMMARY 
This amendment changes from January 1, 2004 to June 1, 2004 
the date after which the handling fee is raised for an initiator 
of 
a 
beverage container deposit who 
does 
not enter into 
a 
qualified commingling agreement. 
The amendment also specifically 
authorizes the commingling of beverage containers of like product 
group and allows deposit initiators who establish a qualified 
commingling agreement to add products to their agreement if they 
are from a different product group but of the same material. 
The 
amendment also limits the 
prov~s~ons pertaining to 
unclaimed 
deposits to the those containers that are not subject to 
a 
commingling 
agreement. 
This 
amendment 
changes 
Committee 
Amendment 
"A"'s 
small bottler 
exemption 
from 
the 
return of 
unclaimed deposit amounts to include a brewer who produces no 
more than 50,000 gallons of its product and a bottler of water 
who sells no more than 250,000 containers each containing no more 
than one gallon of its product per year. 
The amendment also 
exempts 
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 from the 1I2¢ handling fee increase for 
initiators who fail to enter a commingling agreement by June 1, 
2004, leaving the handling fee at 3¢ for these small bottlers 
regardless of whether they enter into a commingling agreement. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: ~ 
~ 
(Senator GAGNON) 
COUNTY: 
Kennebec 
SENATE AMENDMENT 
Approved: 05/30103 ~ae 
Office of Fiscal and Program Review 
LD985 
An Act To Improve the State's Returnable Bottle Law and Adjust 
Handling Fees 
LR 1324(10) 
Fiscal Note for Senate Amendment '13' to Committee Amendment "A" 
Sponsor: Sen. Gagnon 
Fiscal Note Required: Yes 
Fiscal Note 
Significantly reduces current biennium revenue increase - General Fund 
Reduces current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
This amendment exempts beverage containers from the requirement that unclaimed deposits will be deposited into the 
General Fund. This exemption will eliminate much of the revenue that would have been collected for the General 
Fund by the bill as amended by Committee Amendment "A". The overall effect of the bill as amended is a minor 
increase in revenue to the General Fund. 
Delaying the date by which the reimbursement fees for returned containers are increased will reduce the anticipated 
increase in Other Special Revenue Funds revenue collected by the Department of Agriculture, Food and Rural 
Resources in fiscal year 2003-04; the amounts can not be determined at this time. 
This amendment also exempts certain breweries and bottlers from the increased handling fees. The net effect of this 
Other Special Revenue Funds revenue reduction is likely to be insignificant. 
LR1324(10) - Fiscal Note - Page 1 of 1