An Act To Amend Maine's Bottle Laws
Maine Legislature, Session 123, LD 1696
Committee Amendment CA_B-SA_A_S342 (Senate)
Amends: 32 MRSA §1867, 32 MRSA §1871-A, 32 MRSA §1871-D

SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "B" to S.P. 603, 
L.D. 1696, Bill, "An Act To Amend Maine's Bottle Laws" 
Amend the amendment by inserting after section 3 the following: 
'Sec. 4. 32 MRSA §1867, sub-§3, as amended by PL 2001, c. 661, §6, is further 
amended to read: 
3. 
Approval. The commissioner shall may approve the licensing of a local 
redemption center if the redemption center complies with the requirements established 
under section 1871-A. The order approving a local redemption center license must state 
the dealers to be served and the kinds, sizes and brand names of empty beverage 
containers that the center accepts. 
Sec. 5. 32 MRSA §1871-A, sub-§2, as enacted by PL 2001, c. 661, §9, is 
amended to read: 
2. Criteria for licensing rules. In developing rules under subsection 1 for licensing 
redemption centers, the department shall consider at least the following: 
A. The health and safety of the public, including sanitation protection when food is 
also sold on the premises; aftEi 
B. The convenience for the public, including standards governing the distribution of 
centers by population or by distance, or both.; 
C. The proximity of the proposed redemption center to existing redemption centers 
and the potential impact the location of the proposed redemption center may have on 
an existing redemption center; 
D. The owner's record of compliance with this chapter and rules adopted by the 
department pursuant to this chapter; and 
E. The hours of operation of the proposed redemption center and existing redemption 
centers in the proximity of the proposed redemption center. 
Sec. 6. 32 MRSA §1871-A, sub-§3 is enacted to read: 
SENATE AMENDMENT 
1.-
~. 
SENA TE AMENDMENT '';4 " to COMMITTEE AMENDMENT "B" to S.P. 603, L.D. 1696 
3. Location of redemption centers. The department may grant a license to a 
redemption center if the foHowing requirements are met: 
A. The department may license up to 6 redemption centers in a municipality with a 
popUlation over 30,000; 
B. The department may license up to 4 redemption centers in a municipality with a 
population over 20,000 but no more than 30,000; 
C. The department may license up to 3 redemption centers in a municipality with a 
population over 5,000 but no more than 20,000; and 
D. 
The department may license no more than one redemption center in a 
municipality with a population of no more than 5,000. 
Sec. 7. 32 MRSA §1871-A, sub-§4 is enacted to read: 
4. 
Exception to location requirement. 
The following are exceptions to the 
population size location requirements of subsection 3. 
A. The requirements of subsection 3 do not apply to an owner who is renewing or 
selling the license of a redemption center licensed by the department as of September 
1, 2007. 
B. 
The requirements of subsection 3 do not apply to an entity that is a food 
establishment licensed by the department or an eating establishment that is licensed 
by the Department of Health and Human Services when the redemption of beverage 
containers accounts for less than 25% of the entity's total yearly gross revenue. 
C. 
A reverse vending machine may not be considered a redemption center for 
purposes of subsection 3 when it is located in a licensed redemption center. 
D. The department may grant a license that is inconsistent with the requirements set 
out in subsection 3 only if the applicant has demonstrated a compelling public need 
for an additional redemption center in the municipality. 
Sec. 8. 32 MRSA §1871-D is enacted to read: 
§1871-D. Denial of redemption center license 
1. Denial of application. The department shall notifr an applicant denied a license 
of the reasons for the denial. Written notification must be sent to the mailing address 
given by the applicant in the application for a redemption center license. 
2. Aggrieved applicants. Any applicant aggrieved by a decision made by the 
department may appeal the decision by filing an appeal with the District Court and 
serving a copy of the appeal upon the department in accordance with the Maine Rules of 
Civil Procedure, Rule 80C. The appeal must be filed and served within 30 days of the 
mailing of the department's decision.' 
SENATE AMENDMENT 
SENATE AMENDMENT "A " to COMMITTEE AMENDMENT "8" to S.P. 603, L.D. 1696 
SUMMARY 
This amendment adds language from Legislative Document 1600 as amended by 
Committee Amendment "A" that limits the number of redemption centers that may be 
licensed in a municipality based on the 0pulation of the municipality. 
SPONSOREDBY:~-T~~~ ______________ __ 
(Senator COU 
COUNTY: York 
FISC\L \OT[ R[Q{jlRED 
(See attac.h:,=-d)~ 
SENATE AMENDMENT 
Approved: 0611 9/07 
~aC!. 
LD 1696 
LR 1684(07) 
An Act To Amend Maine's Bottle Laws 
Fiscal Note for Senate Amendment ''11 " to Committee Amendment "B" 
Sponsor: Sen. Courtney of York 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LRI684(07) - Fiscal Note - Page I of I