An Act To Support and Enhance Maine's Beverage Container Recycling Laws and Household Hazardous Waste Collection
Maine Legislature, Session 123, LD 1657
Committee: Business, Research and Economic Development
Sponsors: HINCK, PERRY, DRISCOLL, EBERLE, KOFFMAN, SAMSON, TREAT, SCHNEIDER, STRIMLING
Amends: 32 MRSA §1862, 32 MRSA §1863-A, 32 MRSA §1866, 32 MRSA §1866-E

Legislative Document 
No. 1657 
H.P.1166 
House of Representatives, March 22, 2007 
An Act To Support and Enhance Maine's Beverage Container 
Recycling Laws and Household Hazardous Waste Collection 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative HINCK of Portland. 
Cosponsored by Senator PERRY of Penobscot and 
/J'l~ 1/7. 71l0£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DRISCOLL of Westbrook, EBERLE of South Portland, KOFFMAN of Bar 
Harbor, MacDONALD of Boothbay, SAMSON of Auburn, TREAT of Farmingdale, Senators: 
SCHNEIDER of Penobscot, STRIMLING of Cumberland. 
Printed on recycled Ixtper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRS A §1862, sub-§l-A is enacted to read: 
I-A. Aseptic packaginl!. "Aseptic packaging" means a container composed, In 
whole or in part, of aluminum and plastic or aluminum and paper in combination. 
Sec. 2. 32 MRSA §1862, sub-§2, as amended by PL 1993, c. 591, §I and 
affected by §5, is further amended to read: 
2. Beverage container. "Beverage container" means a bottle, can, jar or other 
container made of glass, metal ef, plastic or aseptic packaging that has been sealed by a 
manufacturer and at the time of sale contains 4 liters or less of a beverage, soup or broth. 
This term does not incillde a container composed, in whole or in part, of aillminum and 
II 
plastic or aillminum and paper in combination as long as the aluminum content represents 
10% or less of the unfilled oontainer weight, the container materials represent 5% or less 
of the total 'Neight of the oontainer and its contents, and the container is filled with a 
nonalooholio beverage. 
Sec. 3. 32 MRSA §1863-A, sub-§l, as enacted by PL 1991, c. 819, §3, IS 
amended to read: 
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 ~ 10¢ except that, beginning January l, 2018 and everY 10 years thereafter, 
the deposit and refund value must be adjusted for changes in inflation based upon the 
Consumer Price Index as defined in Title 36, section 5402, subsection 1. 
Sec. 4. 32 MRS A §1863-A, sub-§2, as enacted by PL 1991, c. 819, §3, is 
amended to read: 
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 mtlSt may not be less than ~ 10¢ except that, beginning January 1, 2018 and every 
years thereafter, the deposit and refund value must be adjusted for changes in inflation 
based upon the Consumer Price Index as defined in Title 36, section 5402. subsection 1. 
Sec. 5. 32 MRSA §1863-A, sub-§3, as enacted by PL 1991, c. 819, §3, is 
amended to read: 
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 ~ J..M 
except that, beginning January 1, 2018 and every 10 years thereafter, the deposit and 
refund value must be adjusted for changes in inflation based upon the Consumer Price 
Index as defined in Title 36, section 5402, subsection 1. 
I 
Sec. 6. 32 MRSA §1866, sub-§4, ~A, as amended by PL 2003, c. 499, §6, is 
further amended to read: 
A. 
In addition to the payment of the refund value, the initiator of the deposit under 
section 1863-A, subsections I, 2 and 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 3¢ per returned container for containers picked up by the 
initiator before March 1, 2004 aRd~ at least 3 1!2¢ for containers picked up on or after 
March 1, 2004 but before March 1, 2008 and at least 7¢ for containers picked up on 
or after March 1, 2008. The initiator of the deposit may reimburse the dealer or local 
redemption center directly or indirectly through a party with which it has entered into 
II 
a commingling agreement. 
Sec. 7. 32 MRSA §1866, sub-§4, ~[B, as corrected by RR 2003, c. I, §34, is 
amended to read: 
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 3¢ per returned container for containers picked up by the initiator 
before March I, 2004 aRd, at least 3 1I2¢ for containers picked up on or after March 
I, 2004 but before March 1, 2008 and at least 7 ¢ for containers picked up on or after 
March I, 2008. 
The initiator of the deposit may reimburse the dealer or local 
redemption center directly or indirectly through a contracted agent or through a party 
with which it has entered into a commingling agreement. 
Sec. 8. 32 MRSA §1866-E, sub-§4, as amended by PL 2003, c. 700, §2 and 
affected by §6, is further amended to read: 
4. Transfer of abandoned deposit amounts. By the 20th day of each month, an 
initiator shall turn over to the 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 assessor pursuant to this subsection 
must be treated by the assessor as a tax, as that term is defined by Title 36, section 111, 
subsection 5, and must be deposited in the General Fund a dedicated account in the 
Executive Department, State Planning Office for grants pursuant to Title 38, section 
2133, subsection 2-B. 
Sec. 9. 
State Planning Office report. 
The Executive Department, State 
Planning Office, with assistance from the Department of Agriculture, Food and Rural 
Resources, shall prepare a report on the volume of nonrefillable beverage containers that 
is disposed of as municipal solid waste in the State each year. 
The report must be 
submitted to the Joint Standing Committee on Business, Research and Economic 
Development and the Joint Standing Committee on Natural Resources by December 3, 
2007. 
SUMMARY 
This bill raises the deposit and refund on beverage containers from 5¢ to 10¢ and 
provides that the deposit and refund must be adjusted for inflation every 10 years 
beginning January 1, 2018. 
It doubles the handling fee paid to redemption centers 
beginning March 1, 2008. It expands the law to include aseptic containers. It provides 
that the unclaimed beverage container deposits must be deposited in a dedicated account 
in the State Planning Office for grants for household hazardous waste collection. It 
requires the State Planning Office to report on the volume of nonrefillable beverage 
containers that is disposed of as municipal solid waste in the State each year.