An Act To Create Consistency and Fairness in Maine's Bottle Bill
Maine Legislature, Session 125, LD 1324
Committee Amendment CA_A_H316 (House)
Amends: 32 MRSA §1865, 32 MRSA §1866, 32 MRSA §1871-A, 32 MRSA §1872

COMMITTEE AMENDMENT "~,, to H.P. 970, L.D. 1324, Bill, "An Act To 
Create Consistency and Fairness in Maine's Bottle Bill" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 32 MRSA §1865, sub-§3, as amended by PL 2003, c. 499, §4, is further 
amended to read: 
3. Label registration. An initiator of deposit shall register the container label of any 
beverage offered for sale in the state State on which it initiates a deposit. Registration 
must be on forms or in an electronic format provided by the department and must include 
the universal product code for each combination of beverage and container manufactured. 
The initiator of deposit shall renew a label registration annually and whenever that label 
is revised by altering the universal product code or whenever the container on which it 
appears is changed in size, composition or glass color. The initiator of deposit shall also 
include as part of the registration the method of collection for that type of container, 
identification of a collection agent, identification of all of the parties to a commingling 
agreement that applies to the container and proof of the collection agreement. 
The 
department may charge a fee for registration and registration renewals under this 
subsection. 
Rules adopted pursuant to this subsection that establish fees are major 
substantive mles as defined in Title 5, chapter 375, subchapter 2-A and subject to review 
by the joint standing committee of the Legislature having jurisdiction over business and 
economic development environmental and natural resources matters. 
Sec. 2. 32 MRSA §1866, sub-§4, ~C, as enacted by PL 2003, c. 499, §6, is 
amended to read: 
C. 
The reimbursement that the initiator of the deposit is obligated to pay the dealer 
or redemption center pursuant to paragraph A or B must be reduced by 1I2¢ for any 
returned container that is subject to a qualified commingling agreement that allows 
the dealer or redemption center to commingle beverage containers of like product 
group, material and size. A commingling agreement is qualified for purposes of this 
paragraph if the department determines that 50% or more of the beverage containers 
COMMITTEE AMENDMENT 
~o'fS 
COMMITTEE AMENDMENT'~ "to H.P. 970, L.D. 1324 
of like product group, material and size for which the deposits are being initiated in 
the State are covered by the commingling agreement. Once the initiator of deposit 
has established a qualified 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. The State, through the 
Department of Administrative and Financial Services, Bureau of Alcoholic 
Beverages and Lottery Operations, shall make every reasonable effort to enter into a 
qualified commingling agreement under this subparagraph paragraph with every 
other initiator of deposits deposit for beverage containers that are of like product 
group, size and material as the beverage containers for which the State is the initiator 
of deposit. 
Sec. 3. 32 MRSA §1866, sub-§l1 is enacted to read: 
11. Private right of action; containers not originally sold in the State. An 
initiator of deposit may maintain a civil action in Superior Court against a person, other 
than a local redemption center licensed in accordance with section 1871-A, that tenders to 
a redemption center or retailer more than 48 empty beverage containers that the person 
knows or has reason to know were not originally sold in this State as filled beverage 
containers. If the initiator of deposit prevails in any action, the initiator of deposit is 
entitled to an award of reasonable attorney's fees and court costs, including expert witness 
fees. 
Sec. 4. 32 MRSA §1871-A, sub-§l, as corrected by RR 2001, c. 2, Pt. A, §41, is 
amended to read: 
1. Procedures; licensing fees. The department shall adopt rules establishing the 
requirements and procedures for issuance of licenses and annual renewals under this 
section, including a fee structure. Initial rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Rules adopted 
effective after calendar year 2003 are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A and are subject to review by the joint standing committee of 
the 
Legislature having jurisdiction over business and economic development 
environmental and natural resources matters. 
Sec. 5. 32 MRSA §1872, sub-§2, as enacted by PL 1989, c. 585, Pt. D, §§9 and 
11, is amended to read: 
2. Penalty. follovling the 1 st year warning period, a A violation of this section is a 
civil violation for which a forfeiture of $20 $100 per container in excess of 48 beverage 
containers may be adjudged. 
Sec. 6. 32 MRS A §1872, sub-§3-A is enacted to read: 
3-A. Private right of action; containers not originally sold in the State. An 
initiator of deposit may maintain a civil action in Superior Court against a person, other 
than a local redemption center licensed in accordance with section 1871-A, in possession 
of more than 48 beverage containers that the person knows or has reason to know were 
not originally sold in this State as filled beverage containers. If the initiator of deposit 
prevails in any action, the initiator of deposit is entitled to an award of reasonable 
attorney's fees and court costs, including expert witness fees. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 970, L.D. 1324 
Sec. 7. 38 MRS A §2201, first~, as amended by PL 1995, c. 465, Pt. A, §72 and 
affected by Pt. C, §2, is further amended to read: 
The Maine Solid Waste Management Fund, referred to in this section as the "fund," is 
established as a nonlapsing fund to support programs administered by the State Planning 
Office and the Department of Environmental Protection. 
The fund must be segregated 
into 2 subsidiary accounts. The first subsidiary account, called operations, receives all 
fees established and received under article 1. 
The 2nd subsidiary account, called 
administration, receives all fees established under this article and under Title 36, chapter 
719, and all funds recovered by the department as reimbursement for departmental 
expenses incurred to abate imminent threats to public health, safety and welfare posed by 
the illegal disposal of solid waste and all unclaimed deposits returned to the State under 
Title 32, chapter 28. 
Sec. 8. Rulemaking; commingling agreements; plastic bags; redemption 
center locations. By January 15,2012, the Department of Agriculture, Food and Rural 
Resources shall undertake rulemaking in accordance with this section. The rulemaking 
must be in accordance with the Maine Revised Statutes, Title 5, chapter 375, and rules 
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
1. 
Commingling agreements. 
The department shall amend its rules regarding 
commingling agreements in accordance with Title 32, section 1866, subsection 4, 
paragraph C. 
2. Plastic bags. The department shall adopt rules regarding the size and gauge of 
plastic bags used by a dealer or redemption center as provided for in Title 32, section 
1866, subsection 5. 
3. Redemption center locations. The department shall adopt rules regarding the 
licensing of redemption centers in accordance with the population requirements in Title 
32, section 1871-A, subsection 3.' 
SUMMARY 
The bill proposes to remove containers larger than 28 ounces from the bottle bill and 
to establish a uniform deposit of 5¢ for all containers. The amendment strikes those 
provisions. The amendment retains those sections of the bill that change the committee 
of jurisdiction that reviews major substantive rules. The amendment also adds provisions 
that: 
I. Remove the requirement that 50% or more of like beverage containers for which 
deposits are initiated in the State must be covered in a commingling agreement. This 
allows initiators of deposit who do not initiate 50% or more of like beverage containers to 
enter into commingling agreements; 
2. Incorporate the provisions of L.D. 900 that allow an initiator of deposit to bring a 
civil action against any person, other than a licensed redemption center, that is found in 
possession of or knowingly tenders to a redemption center or retailer more than 48 
beverage containers that were not originally sold in this State. It also increases the 
penalty for possession of containers not originally sold in this State to be consistent with 
COMMITTEE AMENDMENT 
to 
O~ 1 
.q.. 
COMMITTEE AMENDMENT "n " 
to H.P. 970, L.D. 1324 
the penalty for tendering such containers and removes reference to a first-year warning 
period from the penalty provision; 
3. Clarify that unclaimed deposits received under the bottle bill are not deposited in 
the Maine Solid Waste Management Fund; and 
4. Direct the Department of Agriculture, Food and Rural Resources to undertake 
rulemaking regarding commingling agreements, plastic bags and redemption center 
locations. 
FISCAL ~OTE REQUKEV 
~§~~_!l_t.~ch.~~)_ 
COMMITTEE AMENDMENT 
Approved: 05/lS/l1 Wac. 
Net Cost (Savings) 
General Fund 
t{evenue 
General Fund 
LD 1324 
LR 472(02) 
An Act To Create Consistency and Fairness in Maine's Bottle Bill 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
FY 2012-13 
$640,000 
$640,000 
($640,000) 
($640,000) 
Projections 
FY 2013-14 
$640,000 
($640,000) 
Conectional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
FY 2014-15 
$640,000 
($640,000) 
Removing the requirement that 50% or more of like beverages for which deposits are initiated in the state must be 
covered in a commingling agreement will result in a General Fund revenue loss of $640,000 per fiscal year starting in 
fiscal year 2011-12. 
Additional costs to the Department of Agriculture, Food and Rural Resources associated with rulemaking can be 
absorbed with existing staff and within existing budgeted resources. 
LR0472(02) - Fiscal Note - Page 1 of 1