An Act To Transfer Responsibility for the Returnable Beverage Container Laws from the Department of Agriculture, Conservation and Forestry to the Department of Environmental Protection
Maine Legislature, Session 126, LD 0291
Committee: Agriculture, Conservation and Forestry
Sponsors: COOPER
Amends: 32 MRSA §1862

Legislative Document 
No. 291 
H.P. 200 
House of Representatives, February 7, 2013 
An Act To Transfer Responsibility for the Returnable Beverage 
Container Laws from the Department of Agriculture, Conservation 
and Forestry to the Department of Environmental Protection 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative COOPER of Yarmouth. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §1862, sub-§3, as amended by PL 1979, c. 731, §19 and PL 
2011, c. 657, Pt. W, §6, is further amended to read: 
3.  Commissioner. "Commissioner" means the Commissioner of Agriculture, 
Conservation and Forestry Environmental Protection. 
Sec. 2.  32 MRSA §1862, sub-§6, as amended by PL 1979, c. 731, §19 and PL 
2011, c. 657, Pt. W, §5, is further amended to read: 
6.  Department. "Department" means the Department of Agriculture, Conservation 
and Forestry Environmental Protection. 
Sec. 3.  Transition.  The following provisions govern the transfer of the 
administration of the provisions regarding returnable beverage containers under the 
Maine Revised Statutes, Title 32, chapter 28 from the Department of Agriculture, 
Conservation and Forestry to the Department of Environmental Protection. 
1.  The Department of Environmental Protection is the successor in every way to the 
powers, duties and functions of the Department of Agriculture, Conservation and Forestry 
under Title 32, chapter 28. 
2.  All existing rules, regulations and procedures in effect, in operation or adopted by 
the Department of Agriculture, Conservation and Forestry or any of its administrative 
units or officers pursuant to Title 32, chapter 28 are hereby declared in effect and 
continue in effect until rescinded, revised or amended by the proper authority. 
3.  All existing contracts, agreements and compacts in effect under the authority of 
the Department of Agriculture, Conservation and Forestry under Title 32, chapter 28 
continue in effect. 
4.  Any positions authorized and allocated subject to the personnel laws to the 
Department of Agriculture, Conservation and Forestry for the purposes of Title 32, 
chapter 28 are transferred to the Department of Environmental Protection and may 
continue to be authorized. 
5.  All records, property and equipment belonging to or allocated for the use of the 
Department of Agriculture, Conservation and Forestry for the purposes of Title 32, 
chapter 28 become, on the effective date of this Act, part of the property of the 
Department of Environmental Protection. 
6.  All existing forms, licenses, letterheads and similar items bearing the name of or 
referring to the Department of Agriculture, Conservation and Forestry used for the 
purposes of Title 32, chapter 28 may be used by the Department of Environmental 
Protection until existing supplies of those items are exhausted. 
SUMMARY 
This bill transfers administration of the provisions regarding returnable beverage 
containers from the Department of Agriculture, Conservation and Forestry to the 
Department of Environmental Protection.