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_C_S307 (Senate)

SENATE 
AMENDMENT 
" C " 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: 
'March' 
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 
amendment) 
by 
striking 
out 
the 
following: 
"January" 
and 
inserting in its place the following: 
'March' 
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 
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 C in the 6th line (page 2, line 37 in amendment) by 
inserting after the following: 
"li.k.e." the following: 
'product 
group, , 
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, , 
SENATE AMENDMENT 
SENATE 
AMENDMENT 
"~,, 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: 
'~ 
the initiator of deposit has established a qualified coromingling 
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: 
"~" the 
following: 
'product group,' 
Further amend the amendment on page 2 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 l863-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 l863-A in an 
amount that 
equals at least 3t per returned container,' 
Further amend the amendment on page 3 
paragraph in the 4th line (page 3, line 
inserting after the fOllowing: 
".li.k.fl" 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 
"§1866-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 
SENATE AMENDMENT 'C!-" to COMMITTEE 
AMENDMENT "A" to S.P. 326, 
L.D. 985 
Further 
amend 
the 
amendment 
in 
that 
part 
designated 
"§1866-E." by striking out all of subsection 6 and inserting in 
its place the following: 
'6. 
Small bottlers and brewers ezempt. 
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 requirements of this section for that 
~' 
Further amend the amendment by striking out all of section 7 
and inserting in its place the following: 
'Sec. 
7. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
ADMIBISTRATIVE ABD FIBABCIAL 
SERVICES, DEPAR"DIERT OF 
Revenue Services - Bureau of 
0002 
The 
following 
Initiative: 
Appropriates 
funds 
to establish one 
Senior 
Tax 
Examiner position and other related operating costs. 
The fiscal 
year 
2003-04 
amount 
includes 
$100,000 
to 
contract 
for 
the 
computer programming necessary to add this new requirement to the 
computer 
system in order to account for, 
print and process 
returns. 
General Fund 
Positions - Legislative Count 
Personal Services 
All Other 
General Fund Total 
ADMIRISTRATIVE ABD FIBABCIAL 
SERVICES, DEP~ 
OF 
DEP~ 
TOrALS 
GEBERAL FORD 
DEPAR"DIERT TOrAL -
ALL FORDS 
AGRICULTURE, FOOD ABD RURAL 
RESOURCES, DEPAR"l'MEBT OF 
Beverage Container Enforcement Fund 
2003-04 
(1. 000) 
$18,514 
$107,955 
$126,469 
2003-04 . 
$126,469 
$126,469 
0971 
2004-05 
(1. 000) 
$60,657 
$3,755 
$64,412 
2004-05 
$64,412 
$64,412 
SENATE AMENDMENT 
~.,. 
30. 
SENATE AMENDMENT "(!.,, to COMMITTEE 
AMENDMENT 
"A" to S.P. 
L.D. 985 
326, 
Initiative: 
Appropriates 
funds 
Compliance Officer position and 
verify commingling agreements. 
General Fund 
positions - Legislative Count 
Personal Services 
All Other 
General Fund Total 
AGRICULTURE, FOOD ARD RURAL 
RESOOHCES, DEPAIrIIIDT OF 
DEPAIrIIIDT "lOrALS 
. GENERAL FORD 
DEPAIrIIIDT "!"OrAL -
ALL FORDS 
SECTI(JJ "!"OrALS 
GERERAL FORD 
SECTI(JJ 'lOrAL -
ALL FORDS 
to establish one 
operating costs 
2003-04 
(1. 000) 
$39,257 
$11,225 
$50,482 
2003-04 
$50,482 
$50,482 
2003-04 
$176,951 
$176,9S1 
SUMMARY 
Agricultural 
necessary to 
2004-05 
(1. 000) 
$51,181 
$15,000 
$66,181 
2004-05 
$66,181 
$66,181 
2004-05 
$130,593 
$130,593 • 
This 
amendment 
incorporates 
the 
substance 
of 
Senate 
Amendment "B" to Committee Amendment "A" (S-250), except that: 
1. 
It changes from June 1, 2004 to March 1, 2004 the date 
after which the handling fee is raised for an initiator of a 
beverage 
container 
who 
does 
not 
enter 
into 
a 
qualified 
commingling agreement: and 
2. 
It replaces the appropriation section. 
SPONSORED BY, ~-{ 
(Senator CATHCART) 
, 
COUNTY: 
Penobscot 
FISCAL ~OTE REQrIRED 
(See attached) 
SENATE AMENDMENT 
Net Cost (Savings) 
General Fund 
\ppropriations/ Allocations 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Approved: 06112/03 ~ae 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD985 
An Act To Improve the State's Returnable Bottle Law and Adjust 
Handling Fees 
LR 1324(12) 
Fiscal Note for Senate Amendment '& to Committee Amendment "A" 
Sponsor: Sen. Cathcart 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
$1,370,969 
$126,469 
2004-05 
$1,574,868 
$64,412 
Projections 
2005-06 
$1,681,172 
$64,412 
Projections 
2006-07 
$1,678,419 
$64,412 
($1,244,500) 
($1,510,456) 
($1,616,760) 
($1,614,007) 
This amendment includes General Fund appropriations for the Bureau of Revenue Services which were omitted from 
Committee Amendment "A". The amounts are $126,469 and $64,412 in fiscal years 2003-04 and 2004-05, 
respectively. 
This amendment exempts certain 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 an 
amount of General Fund revenue over the 2004-05 biennium which will at least cover the biennial General Fund costs 
of the bill; the final amounts will depend on the number of commingling agreements that are entered into and can not 
be determined at this time. 
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. 
LR1324(12) - Fiscal Note - Page 1 of2 
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. 
The following table shows the net General Fund impact of the bill as amended for the 2004-05 biennium: 
Biennial 
2003-04 
2004-05 
Total 
General Fund Appropriations: 
- Department of Administrative and Financial Services 
$126,469 
$64,412 
$190,881 
- Department of Agriculture, Food and Rural Resources 
$50,482 
$66,181 
$116,663 
Appropriations Total 
$176,951 
$130,593 
$307,544 
General Fund Revenues: 
$68,000 
$239,544 
$307,544 
LR1324(12) - Fiscal Note - Page 2 of 2