An Act To Update Maine's Solid Waste Management Laws
Maine Legislature, Session 127, LD 1578
Committee Amendment CA_A_S448 (Senate)
Amends: 38 MRSA §1611, 38 MRSA §2101-B, 38 MRSA §2132, 38 MRSA §2201, 38 MRSA §2201-B, 38 MRSA §2203-A, 38 MRSA §2204

COMMITTEE AMENDMENT "A" to S.P. 626, L.D. 1578, Bill, "An Act To 
Update Maine's Solid Waste Management Laws" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §1611 is enacted to read: 
§1611. Stewardship program for batteries 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Approved product" means: 
(1) A covered battery or a covered battery-containing product for which its 
producer, individually or through a covered battery stewardship organization, has 
submitted a covered battery stewardship plan approved by the commissioner and 
the plan has been implemented to collect and recycle covered batteries in 
accordance with the plan; or 
(2) A covered battery-containing product that has been listed in accordance with 
subsection 9 as the product of a participant in a covered battery stewardship 
program. 
B. "Brand" means a trademark, including both a registered and an unregistered 
trademark, a logo, a name, a symbol, a word, an identifier or a traceable mark that 
identifies a covered battery or covered battery-containing product and identifies as 
the producer of the battery or product the owner or licensee of the brand. 
C. "Covered battery" means a new or unused primary battery or a new or unused 
rechargeable battery. 
D. 
"Covered battery-containing product" means a new or unused product that 
contains or is packaged with a primary battery or a rechargeable battery. "Covered 
battery-containing product" does not include: 
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(1} A product from which the primary battery or rechargeable battery is not 
easily removed or is not intended or designed to be removed from the product by 
a consumer; 
(2) A medical device. as described in the Federal Food, Drug and Cosmetic Act, 
United States Code. Section 321(h) (2009). if. when the device or battery 
within the device is discarded. it must be treated as biomedical waste or if 
changing the supplier of the battery contained in the medical device would trigger 
the need for premarket review of the device with the United States Food and 
Drug Administration pursuant to the Federal Food. Drug and Cosmetic Act. 21 
United States Code. Section 360 (2012). unless such device is listed as an exempt 
device under the Federal Food. Drug and Cosmetic Act. 21 United States Code, 
Section 360(m) (2012) or other applicable provision of law; or 
(3) A device related to the physical or ancillary operation or use of a motor 
vehicle that is distributed through a new vehicle dealer franchised by the original 
manufacturer of the motor vehicle. 
As used in this subparagraph. "motor 
vehicle" has the same meaning as in Title 29-A, section 101, subsection 42 and 
"new vehicle dealer" has the same meaning as in Title 29-A. section 851, 
subsection 9. 
E. 
"Covered battery stewardship organization" or "organization" means an 
organization appointed by more than one producer to design. submit a plan for. 
implement and administer a covered battery stewardship program in accordance with 
this section and that has accepted that appointment. 
F. "Covered battery stewardship plan" or "plan" means a plan submitted to the 
commissioner in accordance with subsection 3 by a producer or a covered battery 
stewardship organization. 
G. 
"Covered battery stewardship program" or "program" means a system 
implemented for the collection. transportation. recycling and disposal of covered 
batteries in accordance with a covered battery stewardship plan approved under 
subsection 4. 
H. 
"Discarded covered battery" means a covered battery that a user discarded. 
abandoned or sent for recycling. 
I. 
"Operator" means a producer or covered battery stewardship organization that 
implements and administers a covered battery stewardship program. 
J. "Participant" means a producer that establishes or participates in a covered battery 
stewardship program individually or by appointing and having that appointment 
accepted by a covered battery stewardship organization to operate the program on the 
producer's behalf. 
K. "Primary battery" means a nonrechargeable battery that weighs 2 kilograms or 
less. including. but not limited to. nonrechargeable alkaline, carbon-zinc and lithium 
metal batteries. 
L. "Producer" means. with respect to a covered battery or covered battery-containing 
product that is sold. offered for sale or distributed for sale in the State. the following: 
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COMMITTEE AMENDMENT" A" to S.P. 626, L.D. 1578 
(1) The person subject to the jurisdiction of the State, or that has voluntarily 
agreed to recognize the jurisdiction of the State for the purposes of this section, 
that manufactures the covered battery or covered battery-containing product and 
sells or offers for sale in the State that battery or product under the person's own 
brand; 
(2) Ifthere is no person to which subparagraph (1) applies, the owner or licensee 
of a brand under which the covered battery or covered battery-containing product 
is sold or distributed in the State that is subject to the jurisdiction of the State; or 
(3) If there is no person to which subparagraph (1) or (2) applies, a person 
subject to the jurisdiction of the State that imports the covered battery or covered 
battery-containing product into the United States for sale or distribution in the 
State. 
M. "Rechargeable battery" means a battery that contains one or more voltaic or 
galvanic cells, electrically connected to produce electric energy, that weighs less than 
kilograms and that is designed to be recharged and to provide less than 40 volts 
direct current. "Rechargeable battery" does not include: 
(1) A battery that is not easily removed or is not intended or designed to be 
removed from a covered battery-containing product by a consumer; 
(2) A battery that contains electrolyte as a free liquid; or 
(3) A battery or battery pack that employs lead-acid technology, unless the 
battery or battery pack is sealed, contains no liquid electrolyte and is intended by 
its manufacturer to power a handheld device or to provide uninterrupted backup 
electrical power protection for stationary, consumer covered battery-containing 
products or stationary office equipment. 
N. "Recycling" means any process through which a discarded covered battery or its 
components or by-products is transformed from its original identity or form into new 
usable or marketable material. "Recycling" does not include the incineration of a 
discarded covered battery or its components or by-products for energy recovery. 
0. "Retailer" means a person that sells or offers a covered battery or covered battery-
containing product for retail sale, as defined in Title 36, section 17 52, subsection 11, 
in the State, including through a remote offering for sale, such as a sales outlet or 
sales catalog or via the Internet. 
P. "Wholesaler" means a person that offers for sale or sells in the State a covered 
battery or covered battery-containing product in a sale that is not a retail sale, as 
defined in Title 36, section 1752, subsection 11, with the intention that the battery or 
product be resold in a subsequent retail sale. 
2. Product labeling. By January 1, 2018, a producer that sells, offers for sale or 
distributes for sale in the State a covered battery, either as a replacement battery or 
packaged with or contained in a covered battery-containing product, shall, to the extent 
feasible, ensure that the covered battery is labeled in a manner identifying the chemistry 
employed in storing energy in the battery to facilitate sorting of discarded covered 
batteries by recyclers. 
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3. Submission of plan. No later than 6 months after the effective date of this 
section, except as specified in subsection 6, 9 or 10, each producer of a covered battery: or 
covered battecy-containing product, individually or through a covered battery: stewardship 
organization that has agreed to act on the producer's behalf, shall submit a plan for the 
establishment of a covered battery: stewardship program to the commissioner for 
approval. The plan must include, at a minimum and as applicable: 
A. If the plan is submitted by a producer, identification and contact information for 
the producer and a list of the owners of the brands of covered batteries and covered 
battecy-containing products to be included in the program: 
B. If the plan is submitted by an organization, identification and contact information 
for the organization and for each producer participating in the organization, a list of 
the owners of the brands of covered batteries and covered battery-containing products 
to be included in the program and a description of the organization and the tasks to be 
performed by the organization, including information on how the organization is 
organized, including administration and management of the organization: 
C. 
A description of how the program will provide convenient, free, statewide 
collection opportunities for discarded covered batteries and how the convenience and 
adequacy of the collection system will be monitored and maintained: 
D. The criteria to be used by the program in determining whether an entity may serve 
as a collection location for discarded covered batteries under the program. The plan 
must allow any retailer, wholesaler, municipality, solid waste management facility 
and other entity that meets such criteria to voluntarily serve as a collection location: 
E. The names and locations of recyclers. processors and disposal facilities and other 
entities that may be used by the program for the collection or recycling of discarded 
covered batteries, including a description of the manner by which the program will 
use covered battery collection locations that are established through other battery 
collection programs: 
F. Information on how discarded covered batteries collected through the program 
will be safely and securely transported, tracked and handled from collection through 
final disposition: 
G. A description of the method to be used to ensure that, to the extent economically 
and technically feasible, collected discarded covered batteries are recycled or 
otherwise responsibly managed: 
H. 
A description of how the amounts of discarded covered batteries collected, 
recycled, processed, reused and disposed of will be measured: 
I. A description of the education and outreach methods and activities that will be 
used to provide notice of and encourage participation in the program by consumers, 
businesses, local agencies, retailers, wholesalers and waste transportation services: 
J. Any performance goals established by the producer or organization to measure the 
success of the program: and 
K. A description of how the program will be financed. If the plan is submitted by an 
organization, the financing method through which the program will be funded must: 
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(1) Allocate to producers of primary batteries and covered battery-containing 
products containing or packaged with primary batteries costs that are directly 
attributable to the recycling of primary batteries, such as reclamation costs; 
(2) 
Allocate to producers of rechargeable batteries and covered battery-
containing products containing or packaged with rechargeable batteries costs that 
are directly attributable to the recycling of rechargeable batteries, such as 
reclamation costs: and 
(3) Allocate all other costs on the basis of the weights of types of batteries 
collected or some other nondiscriminatory basis acceptable to participating 
producers of primary batteries, rechargeable batteries and covered battery-
containing products. 
4. Approval of plan. The commissioner shall review a plan submitted under 
subsection 3 and make a determination of whether to approve the plan within 90 days of 
receipt of the plan. In conducting a review of a submitted plan, the commissioner may 
consult with producers, associations representing producers, covered battery stewardship 
organizations, retailers and recyclers. 
A. If the commissioner determines that a submitted plan fails to meet all applicable 
requirements of subsection 3, the commissioner shall provide to the producer or 
organization that submitted the plan a written notice of determination describing the 
reasons for rejecting the plan. No later than 45 days after receiving a written notice of 
determination from the commissioner rejecting a submitted plan, the producer or 
organization may amend the plan and resubmit the plan to the commissioner for 
reconsideration. The commissioner shall review an amended plan, make a 
determination of whether to approve the amended plan and provide a written notice 
of determination notifying the producer or organization of the commissioner's 
decision within 45 days of receipt of the amended plan. A producer or organization 
whose amended plan is rejected by the commissioner may appeal the commissioner's 
decision in accordance with sections 341-D and 346. 
B. If the commissioner approves a submitted plan, the commissioner shall provide to 
the producer or organization that submitted the plan a written notice of determination 
of the plan's approval. No later than 30 days after receiving a written notice of 
determination from the commissioner approving a submitted plan, the producer or 
organization shall make the approved plan available on its publicly accessible 
website, but is not required to make available any information contained in the 
approved plan that has been designated as proprietary information in accordance with 
subsection 14. 
C. No later than 45 days after the commissioner's approval of a submitted plan, the 
department shall make available on its publicly accessible website a list of 
participants in and brands of covered batteries and covered battery-containing 
products included under the approved plan or provide instructions on how to obtain 
such information as provided by the producer or organization that submitted the plan. 
5. Implementation of plan. A producer or organization that submitted a plan 
approved by the commissioner under subsection 4 shall implement the plan no later than 
the first day of the next calendar quarter after the date the plan is approved by the 
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commissioner, except that if the period of time between the date the plan is approved and 
the first day of the next calendar quarter is less than 60 days, the producer or organization 
shall implement the plan within 60 days after the date the plan is approved. 
6. Amendment of plan and termination of program. This subsection governs 
amendment of a plan approved under subsection 4 and termination of a program 
established under an approved plan. 
A. 
An approved plan may be amended at the discretion of the producer or 
organization that submitted the plan without approval from the commissioner if the 
proposed amendments are nonsubstantive and do not significantly alter the likelihood 
that the plan will result in the successful collection and recycling of discarded 
covered batteries. 
The producer or organization shall at the beginning of each 
calendar quarter notify the department of any amendments made to the approved plan 
in the previous calendar quarter that are nonsubstantive and do not significantly alter 
the likelihood that the plan will result in the successful collection and recycling of 
discarded covered batteries. 
B. 
If proposed amendments to an approved plan are substantive and would 
significantly alter the likelihood that the plan will result in the successful collection 
and recycling of discarded covered batteries, including, but not limited to, 
amendments eliminating a substantial number of retail collection locations, adding or 
deleting batteries to be collected based on the chemistry employed in storing energy 
in those batteries, addressing threats to the financial viability of the organization or 
addressing disruption in transportation or service affecting the ability of the producer 
or organization or any service providers to collect or process discarded covered 
batteries, the producer or organization shall submit to the commissioner a revised 
plan describing the proposed amendments. The commissioner shall review the 
revised plan and make a determination of whether to approve the proposed 
amendments, in whole or in part, within 90 days of receipt of the revised plan. If the 
commissioner determines that the revised plan fails to meet all applicable 
requirements of subsection 3, the commissioner shall provide to the producer or 
organization a written notice of determination describing the reasons for rejecting the 
revised plan. No later than 45 days after receiving a written notice of determination 
from the commissioner rejecting a revised plan, the producer or organization may 
amend and resubmit the revised plan to the commissioner for reconsideration. The 
commissioner shall review an amended revised plan, make a determination of 
whether to approve the amended revised plan and provide a written notice of 
determination notifying the producer or organization of the commissioner's decision 
within 45 days of receipt of the amended revised plan. A producer or organization 
whose amended revised plan is rejected by the commissioner may appeal the 
commissioner's decision in accordance with sections 341-D and 346. 
C. A producer or organization that submitted a plan approved under subsection 4 
may terminate the program implementing that plan no earlier than 90 days after 
providing notice to the commissioner and to program participants of the program's 
termination. Prior to the termination of a program, each producer included in the 
program shall, individually or through a covered battery stewardship organization 
that has agreed to act on the producer's behalf, submit a plan for the establishment of 
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a covered battery stewardship program that is approved by the commissioner or join 
an existing organization. 
D. A plan approved under subsection 4 remains in effect until a revised plan is 
adopted in accordance with paragraph B or the program implementing that plan is 
terminated in accordance with paragraph C by the producer or organization that 
submitted the plan. 
7. Collection locations. This subsection applies to collection locations. 
A. A retailer, a wholesaler, a municipality, a solid waste management facility and 
any other private or public entity may voluntarily serve as a collection location for 
discarded covered batteries under an approved and implemented program, so long as 
the operator of the program determines that the collection location meets the criteria 
for collection locations established under the program's approved plan. 
B. The participants in a program must fully underwrite the costs of battery collection 
containers provided to each collection location established under the program, 
including the costs of all materials necessary to comply with the safe collection 
requirements of subsection 12, as well as the costs of pickup and transportation of 
discarded covered batteries from each collection location, and may not charge a 
collection location for such items or services. 
C. An entity serving as a collection location may not be required to make available 
more than one battery collection container at a single location. 
D. An entity serving as a collection location may not refuse collection of batteries 
based on the brand or brands of the batteries. The operator of a program may not 
refuse the pickup or transfer of collected batteries from a collection location based on 
the brand or brands of the batteries collected. 
E. An entity serving as a collection location may not charge consumers any fee 
relating to the collection of discarded covered batteries. An entity serving as a 
collection location may not impose any fee on the operator of a program as a 
condition of voluntarily agreeing to serve as a collection location under the program. 
8. Sales prohibition. This subsection governs the sale of covered batteries and 
covered battery-containing products in the State. 
A. Beginning July 1, 2018. a manufacturer, distributor, wholesaler or retailer may 
not sell, off er for sale, distribute for sale or offer for promotional purposes in the 
State a covered battery or covered battery-containing product unless the producer of 
the battery or product has joined an existing covered battery stewardship organization 
or submitted a plan for the establishment of a covered battery stewardship program 
that has been approved by the commissioner. 
B. Notwithstanding paragraph A. a manufacturer, distributor, wholesaler or retailer 
may continue to sell, distribute for sale, offer for sale or offer for promotional 
purposes in the State a covered battery or covered battery-containing product 
manufactured prior to July 1, 2018. but shall: 
(1) By October 1, 2018, sell or otherwise divest or dispose of its remaining stock 
of covered batteries manufactured prior to July 1, 2018 by a producer that has not 
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joined an existing covered battery stewardship organization or submitted a plan 
for the establishment of a covered battery stewardship program that has been 
approved by the commissioner; and 
(2) By October 1, 2019, sell or otherwise divest or dispose of its remaining stock 
of covered battecy:-containing products manufactured prior to July 1, 2018 by a 
producer that has not joined an existing covered battery: stewardship organization 
or submitted a plan for the establishment of a covered battery: stewardship 
program that has been approved by the commissioner. 
C. Notwithstanding paragraphs A and B, beginning July 1, 2019, a manufacturer, 
distributor, wholesaler or retailer of medical devices, as described in the Federal 
Food, Drug and Cosmetic Act, 21 United States Code, Section 32l(h) (2009), may 
not sell, offer for sale, distribute for sale or offer for promotional pur;poses in the 
State a medical device containing covered batteries not included in a plan approved 
under subsection 4, exc~t that a manufacturer, distributor, wholesaler or retailer of 
medical devices may continue to sell, distribute for sale, offer for sale or offer for 
promotional ))lllJ)OSes in the State a medical device manufactured prior to July 1, 
2019, but shall, by October l, 2020, sell or otherwise divest or dispose of its 
remaining stock of medical devices containing covered batteries manufactured prior 
to July 1, 2019 by a producer that has not joined an existing covered battery: 
stewardship organization or submitted a plan for the establishment of a covered 
battery: stewardship program that has been approved by the commissioner. 
Notwithstanding subsection 1, paragraph L, prior to July 1, 2019, a manufacturer, 
distributor, wholesaler or retailer of medical devices may not be considered a 
producer under this section. 
D. Notwithstanding paragraphs A, Band C, a hospital or other health care provider 
may, until July 1, 2027, continue to sell or otherwise exhaust its inventory: of medical 
devices containing covered batteries manufactured prior to July 1, 2019 and not 
included in a plan approved under subsection 4. 
9. Producer exclusions. Notwithstanding subsection l, paragraph L, a person that 
manufactures, sells, offers for sale or distributes for sale in the State a covered battecy:-
containing product is not considered a producer under this section if, no later than 45 days 
after receiving a request from the commissioner or an operator, the person: 
A. Verifies to the commissioner and the operator that the product only contains 
batteries with visible, permanent labels clearly identifying the producer or brand of 
the batteries and that the producer or brand is a participant in or included under the 
operator's program: and 
B. 
Identifies the chemistry type of the batteries contained in the product and 
provides, based on regional or national sales data or using some other reasonable 
basis, a good faith estimate of the weight of batteries contained in the person's 
products sold in the State. In January of each year following the person's initial 
verification to the commissioner and the operator under this subsection, the person 
shall notify the commissioner and the operator as to any changes to the chemistry 
type of the batteries contained in the person's product or the estimated weight of 
batteries contained in the person's products sold in the State. 
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An operator of a program that includes the covered battery contained in the person's 
covered battery-containing product shall list the person as a participant in and the product 
as included under the operator's program. If the producer of the covered battery 
contained in the person's covered battery-containing product subsequently terminates its 
participation in a covered battery stewardship program in the State, or if the person ceases 
to use covered batteries in its covered battery-containing product that are produced by a 
participant in or are included under an existing covered battery stewardship program in 
the State, the person must be considered a producer under subsection 1, paragraph L and 
must join an existing covered battery stewardship organization or submit a plan for the 
establishment of a covered battery stewardship program and have that plan ap_proved by 
the commissioner. 
10. New producers. Except as provided in subsection 9, a producer that seeks to 
sell. offer for sale, distribute for sale or offer for promotional plll])oses in the State a 
covered battery or covered battery-containing product bearing a brand under which the 
battery or product was not sold or offered for sale in the State prior to July 1, 2018 must 
notify the commissioner prior to the sale, offer for sale, distribution for sale or offer for 
promotional plll])oses of the covered battery or covered battery-containing product in the 
State. 
A. 
Upon receiving notification under this subsection from a new producer, the 
commissioner shall list the producer as a new producer on the department's publicly 
accessible website. 
B. 
No later than 90 days following a new producer's notification to the 
commissioner, the producer shall submit a plan to the commissioner in accordance 
with subsection 3 or join an existing organization operating under a plan approved 
under subsection 4. 
C. If a new producer fails to submit a plan or join an existing organization within the 
90-day period under paragraph B, the producer may not sell or distribute a covered 
battery or covered battery-containing product in the State after the expiration of the 
90-day period and a retailer may not sell that producer's battery or product in the 
State after 120 days following the expiration of the 90-day period. 
D. Notwithstanding paragraph C, if a new producer submits a plan within the 90-day 
period under paragraph B and that plan is ultimately rejected by the commissioner 
under subsection 4 after the expiration of the 90-day period, the producer may not sell 
or distribute the covered battery or covered battery-containing product in the State 
after 45 days following the commissioner's final determination rejecting the 
submitted plan and a retailer may not sell the producer's battery or product in the 
State after 120 days following the commissioner's final determination rejecting the 
submitted plan. 
A new producer that fails to submit a plan that is approved by the commissioner under 
subsection 4 or to join an existing organization within the time limits described in this 
subsection may not sell, offer for sale, distribute for sale or offer for promotional 
pur.poses a covered battery or covered battery-containing product not sold or offered for 
sale in the State prior to July 1, 2018 until the producer submits a plan for the 
establishment of a covered battery stewardship program that is subsequently ap_proved by 
the commissioner or joins an existing organization. 
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11. Return of noncompliant products. If a plan approved under subsection 4 is 
subsequently determined by the commissioner not to be in compliance with this section. a 
producer who sells. offers for sale, distributes for sale or offers for promotional purposes 
in the State a covered battery or covered battery-containing product included under that 
plan shall, upon request by a retailer, designate a location to which the retailer may ship 
the battery or product for further handling and shall reimburse the retailer for costs 
incurred in shipping the battery or product to the designated location. 
12. Safe collection. Any entity that collects discarded covered batteries in the State. 
has a physical presence in the State and is operating under or in cooperation with a 
covered battery stewardship program shall ensure that all discarded covered batteries 
placed in its collection containers are protected from short-circuiting in accordance with 
applicable regulations of the federal Department of Transportation. 49 Code of Federal 
Regulations, Subtitle B (2015) and other applicable laws or regulations and take 
reasonable steps to prevent the placement of materials other than properly protected 
discarded covered batteries into its collection containers. 
13. Reporting. By April 1st of the calendar year after the calendar year in which a 
covered battery stewardship plan is approved by the commissioner, and annually 
thereafter. the producer or organization administering the program implementing the 
approved plan shall submit to the commissioner a report describing activities carried out 
by the program pursuant to the plan during the previous calendar year. The report must 
include, at a minimum, the following information: 
A. 
The weight of discarded covered batteries collected by the program in the 
previous calendar year, including, if available, a breakdown of the weight of 
discarded covered batteries collected per county; 
B. The location of each collection location established under the program and an 
evaluation of the convenience of the collection system implemented by the program; 
C. A description of the manner in which discarded covered batteries were collected, 
transported, sorted, consolidated and processed by the program; 
D. A description of the methods used by the program for education and outreach, 
including examples of any educational materials developed and used by the program, 
and an evaluation of the effectiveness of the education and outreach efforts 
implemented by the program; 
E. 
A summary financial statement documenting the financing of the program 
consistent with the requirements of subsection 3, paragraph K. If the statement is 
submitted by an organization that operates a similar program in another state, the 
organization may meet the requirements of this paragraph by submitting a summary 
financial statement that consolidates information for all states in which the 
organization operates covered battery stewardship programs without providing 
financial information specific to the organization's program in this State; and 
F. Any recommendations for changes to the program to improve the convenience of 
the collection system, consumer education or outreach efforts or program evaluation 
methods. 
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14. Proprietary information. Proprietary information submitted to the department 
in a covered battery stewardship plan, in an amendment to a plan or pursuant to the 
reporting requirements of this section that is identified by the submittor as proprietary 
information is confidential and must be handled by the department in the same manner as 
confidential information is handled under section 1310-B. 
As used in this subsection, "proprietary information" means information that is a trade 
secret or production, commercial or financial information the disclosure of which would 
impair the competitive position of the submittor and would make available information 
not otherwise publicly available. 
15. Administration and enforcement; rules. The department shall administer and 
enforce this section and may adopt rules consistent with this section as necessary for the 
p:umoses of implementing, administering and enforcing this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
A. The department shall charge a reasonable fee to be paid by an applicant for 
review and approval of a covered battery stewardship plan. A fee assessed under this 
paragraph must be based on the actual costs to the department of reviewing and 
approving a covered battery stewardship plan and may not exceed $25,000. 
B. The department may establish a reasonable annual fee, to be paid by the operator 
of each covered battery stewardship program. to cover the department's costs for 
annual report review, oversight, administration and enforcement of the program. A 
fee assessed under this paragraph must be based on the actual costs to the department 
of annual report review, oversight, administration and enforcement of the operator's 
program and may not exceed $25,000 per year. 
C. 
The commissioner may not initiate an enforcement action under this section 
against a manufacturer, distributor. wholesaler or retailer: 
( 1) Concerning the sale of covered batteries that are not approved products if the 
sale occurred prior to October 1, 2018; 
(2) Concerning the sale of covered battery-containing products that are not 
approved products if the sale occurred prior to October 1, 2019; 
(3) Concerning the sale of covered batteries manufactured prior to July 1, 2018 if 
the sale occurred prior to October 1, 2018; 
(4) Concerning the sale of covered battery-containing products manufactured 
prior to July 1, 2018 if the sale occurred prior to October 1, 2019; or 
(5) Concerning the sale of medical devices manufactured prior to July 1. 2019 if 
the sale occurred prior to October 1, 2020. 
D. The commissioner may not initiate an enforcement action under this section 
against a manufacturer, distributor, wholesaler or retailer: 
(1) 
For selling or offering for sale a covered battery or covered battery-
containing product if that entity, within 90 days of discovering that the battery or 
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product is not in compliance with this section, removes the battery or product 
from sale: or 
(2) For purchasing a covered battery or covered battery-containing product after 
the effective date of this section that is verified to be an approved product at the 
time of purchase but that is no longer an approved product at the time it is sold by 
that entity. 
16. Limited private right of action. Except as provided in paragraph F, a producer 
or organization that has submitted a plan for the establishment of a covered battery 
stewardship program that has been approved by the commissioner and that has been 
implemented to collect, transport and recycle discarded covered batteries in the State may 
maintain a civil action in Superior Court against a producer or organization not 
participating in its program to recover a portion of its costs and additional sums, as set 
forth in this subsection. 
A. Damages recoverable under this subsection include a fair share of the actual costs 
incurred by a plaintiff producer or organization in collecting covered batteries of a 
defendant producer or organization discarded in the State for which the defendant 
was required under this section to submit and implement a covered battery 
stewardship plan or join an existing covered battery stewardship program, as well as 
the plaintiffs costs incurred in handling, transporting and recycling or properly 
disposing of the defendant's batteries. Additional amounts recoverable under this 
subsection include an award of reasonable attorney's fees and court costs, including 
expert witness fees. 
B. In an action by a plaintiff producer or organization against a defendant producer 
or organization that did not operate or participate in a covered battery stewardship 
program established under this section during the time period in which discarded 
covered batteries of the defendant were collected, transported and recycled by the 
plaintiff, the plaintiff may establish the defendant's fair share of the plaintiffs actual 
costs by: 
(1) Providing the court with market share data that the court finds reasonably 
represent the percentage of sales of covered batteries by the defendant in the 
State: 
(2) Providing the court with data generated from discarded covered battery sorts 
involving a minimum of 500 pounds of discarded covered batteries collected at 
each of 3 or more collection locations in the State that are found by the court to 
have been collected in an unbiased manner and to be reasonably representative of 
the population of the State: or 
(3) Through any other method that the court finds reliable in establishing the 
defendant's fair share of the plaintiffs actual costs. 
C. In an action by a plaintiff producer or organization against a defendant producer 
or organization that operated or participated in a covered battery stewardship program 
established under this section during the time period in which discarded covered 
batteries of the defendant were collected, transported and recycled by the plaintiff, 
the plaintiff may establish the defendant's fair share of the plaintiffs actual costs by 
COMMITTEE AMENDMENT 
\\· o\ 'o· 
COMMITTEE AMENDMENT "A "to S.P. 626, L.D. 1578 
providing the court with data establishing the relative weight of discarded covered 
batteries collected by the plaintiff that the defendant was required under this section 
to collect, transport and recycle compared to the weight of other discarded covered 
batteries collected by the plaintiff. This data may be generated by the plaintiff: 
(1) Through the collection of data from discarded covered battety sorts involving 
a minimum of 500 pounds of discarded covered batteries collected at each of 3 or 
more collection locations in the State that are found by the court to have been 
collected in an unbiased manner and to be reasonably representative of the 
population of the State; 
(2) Through an analysis of actual collections by the organization that are found 
by the court to be reasonably representative of total actual collections in the 
State; or 
(3) Through any other method that the court finds reliable in establishing the 
defendant's fair share of the plaintiffs actual costs. 
D. If the court finds that an action maintained by a plaintiff producer or organization 
against a defendant producer or organization initiated pursuant to this subsection is 
without merit and dismisses that action, the court shall award to the defendant 
producer or organization reasonable attorney's fees and court costs, including expert 
witness fees. 
E. An action may not be commenced under this subsection against any potential 
defendant until 60 days after a plaintiff provides to all potential defendants a written 
notice of the claim setting forth the amount of the claim and the basis for the 
calculation of that amount. A plaintiff producer or organization may initiate a single 
civil action in Superior Court against one or more defendant producers or 
organizations. 
F. An action may not be brought under this subsection against a retailer or franchisor 
of retail outlets that was operating or participating in a covered battery stewardship 
program established under this section, individually or on behalf of its franchisees, to 
recover costs or additional sums incurred during a time period in which discarded 
covered batteries were collected, transported or recycled by the retailer or franchisor. 
G. The department may not be a party to or be required to provide assistance or 
otherwise participate in a civil action authorized under this subsection unless subject 
to a subpoena before a court of jurisdiction. 
17. Preemption. The State intends to occupy and preempt the entire field of 
legislation concerning the regulation of the stewardship of covered batteries and covered 
battezy-containing products. Any existing or future order. ordinance, rule or regulation in 
this field of any political subdivision of the State is void. 
18. Antitrust exclusions. A producer, a group of producers and a covered battety 
stewardship organization, and an agent, officer. director and employee of such entities, 
preparing, submitting a plan for, implementing or administering a covered battety 
stewardship program in accordance with this section and a wholesaler and retailer that 
engages in conduct authorized by this section are granted immunity, individually and 
jointly, from all applicable antitrust laws of the State for the limited pw::pose of 
COMMITTEE AMENDMENT 
i. o\ £>. 
COMMITI'EE AMENDMENT" A" to S.P. 626, L.D. 1578 
establishing. implementing and administering a covered battery stewardship program and 
otherwise complying with the requirements of this section, and any activity undertaken 
by these entities in accordance with and authorized under this section is not an unlawful 
restraint of trade. a conspiracy or other violation of any provision of any applicable 
antitrust law of the State. 
An action taken by a producer. a group of producers or an organization to increase the 
recycling of covered batteries in accordance with this section that affects the types or 
quantities of batteries recycled or the cost and structure of any covered battery 
stewardship program is not a violation of any provision of Title 10, chapter 201, except 
when such action constitutes an agreement establishing or affecting the price of covered 
batteries or the output or production of covered batteries or restricting the geographic area 
in which covered batteries will be sold or the customers to whom covered batteries will 
be sold. 
19. Recommendation regarding repeal. By February 15. 2025, the commissioner 
shall submit a report to the joint standing committee of the Legislature having jurisdiction 
over environmental and natural resources matters regarding the status of the State's 
stewardship program for covered batteries. including a recommendation on whether the 
program should be repealed or recommendations for any changes to the program to 
ensure its continued viability. The report under this section may be included in the report 
required pursuant to section 1772, subsection 1. 
After reviewing the report. the 
committee may report out a bill relating to the stewardship program for covered batteries 
established under this section to the First Regular Session of the 132nd Legislature. 
Sec. 2. 38 MRSA §2101-B is enacted to read: 
§2101-B. Food recovery hierarchy 
1. Priorities. It is the policy of the State to support the solid waste management 
hierarchy in section 2101 by preventing and diverting surplus food and food scraps from 
land disposal or incineration in accordance with the following order of priority: 
A. Reduction of the volume of surplus food generated at the source; 
B. Donation of surplus food to food banks, soup kitchens, shelters and other entities 
that will use surplus food to feed hungry people; 
C. Diversion of food scraps for use as animal feed; 
D. Utilization of waste oils for rendering and fuel conversion. utilization of food 
scraps for digestion to recover energy, other waste utilization technologies and 
creation of nutrient-rich soil amendments through the composting of food scraps; and 
E. Land disposal or incineration of food scraps. 
2. Guiding principle. It is the policy of the State to use the order of priority in this 
section. in conjunction with the order of priority in section 2101, as a guiding principle in 
making decisions related to solid waste and organic materials management. 
Sec. 3. 38 MRSA §2132, sub-§1, as amended by PL 2011, c. 655, Pt. GG, §32 
and affected by §70, is further amended to read: 
COMMITTEE AMENDMENT 
~· °' Co· 
COMMITTEE AMENDMENT" A 
"to S.P. 626, L.D. 1578 
1. State recycling goal. It is the goal of the State to recycle or compost, by January 
1, ~ 
2021, 50% of the municipal solid waste tonnage generated each year within the 
State. 
Sec. 4. 38 MRSA §2132, sub-§1-A, as amended by PL 2011, c. 655, Pt. GG, §32 
and affected by §70, is repealed. 
Sec. 5. 38 MRSA §2132, sub-§1-B is enacted to read: 
1-B. State waste disposal reduction goal. It is the goal of the State to reduce the 
statewide per capita disposal rate of municipal solid waste tonnage to 0.55 tons disposed 
per capita by January 1, 2019 and to further reduce the statewide per capita disposal rate 
by an additional 5% every 5 years thereafter. The baseline for calculating this reduction 
is the 2014 solid waste generation and disposal capacity data gathered by the department. 
Sec. 6. 38 MRSA §2132, sub-§2, as amended by PL 2011, c. 655, Pt. GG, §32 
and affected by §70, is further amended to read: 
2. Goal revision. The department shall recommend revisions, if appropriate, to the 
state recycling goal and waste disposal reduction goal established in this section. The 
department shall submit its recommendations and any implementing legislation to the 
joint standing committee of the Legislature having jurisdiction over natural resource 
matters. 
Sec. 7. 38 MRSA §2201, 3rd ,r, as amended by PL 2011, c. 655, Pt. GG, §64 and 
affected by §70, is further amended to read: 
Funds related to administration may be expended only in accordance with allocations 
approved by the Legislature for administrative expenses directly related to the bureau's 
and the department's programs, including actions by the department necessary to abate 
threats to public health, safety and welfare posed by the disposal of solid waste. Funds 
related to fees imposed on the disposal of construction and demolition debris and residue 
from the processing of construction and demolition debris may be expended only for the 
state cost share to municipalities under the closure and remediation cost-sharing program 
for solid waste landfills established in section 1310-F. Funds related to fees imposed 
under this article may be expended to provide grant funding in accordance with the Maine 
Solid Waste Diversion Grant Program established in section 2201-B. The department 
shall. on an annual basis, conduct a review of the revenues presently in the fund and the 
revenues projected to be added to or disbursed from the fund in upcoming calendar years 
and determine what amount of revenues, if any, are available to provide grant funding 
under section 2201-B. If the department determines that there are revenues in the fund 
available in the upcoming calendar year to provide grant funding under section 2201-B, 
the department must ensure that such revenues are designated for use in accordance with 
section 2201-B by the end of that calendar year. Funds related to operations may be 
expended only in accordance with allocations approved by the Legislature and solely for 
the development and operation of publicly owned facilities owned or approved by the 
bureau and for the repayment of any obligations of the bureau incurred under article 3. 
These allocations must be based on estimates of the actual costs necessary for the bureau 
and the department to administer their programs, to provide fmancial assistance to 
regional associations and to provide other fmancial assistance necessary to accomplish 
the purposes of this chapter. Beginning in the fiscal year ending on June 30, 1991 and 
COMMITTEE AMENDMENT 
i. c~ £>. 
COMMITIEE AMENDMENT " {4" to S.P. 626, L.D. 1578 
thereafter, the fund must annually transfer to the General Fund an amount necessary to 
reimburse the costs of the Bureau of Revenue Services incurred in the administration of 
Title 36, chapter 719. Allowable expenditures include "Personal Services," "All Other" 
and "Capital Expenditures" associated with all bureau activities other than those included 
in the operations account. 
Sec. 8. 38 MRSA §2201-B is enacted to read: 
§2201-B. Maine Solid Waste Diversion Grant Program 
1. Establishment. The Maine Solid Waste Diversion Grant Program, referred to in 
this section as "the program." is established to provide grants to public and private entities 
to assist in the development, implementation or improvement of programs. projects, 
initiatives or activities designed to increase the diversion of solid waste from disposal in 
the State. 
2. Administration. The department shall administer the program and may dispense 
revenue from the Maine Solid Waste Management Fund established under section 2201 
for the purposes of the program based on approved grant requests from public and private 
awlicants. The department may provide grants for the documented costs of aru>lication 
proposals in accordance with the priorities in subsection 5. 
Costs incurred by the 
department in the development and administration of the program may be paid with 
revenue in the Maine Solid Waste Management Fund in a manner consistent with section 
2201. 
3. Audit. Revenue from the Maine Solid Waste Management Fund established 
under section 2201 disbursed by the program is subject to audit as determined by the 
department. and the recipient of any such funding must agree to be subject to audit and to 
cooperate with the auditor as a condition of receiving funding. 
4. Eligibility criteria. The department may disburse grants under the program to 
any public or private entity demonstrating that a proposed program, project, initiative or 
activity is. in the department's determination. likely to increase the diversion of solid 
waste from disposal within a particular community, municipality or region or the State. 
including. but not limited to, municipal or regional composting. organics recovery or 
recycling programs. including the establishment of such programs or the purchase of 
infrastructure, equipment or other items necessary to implement such programs or 
improve existing programs; programs designed to provide equipment for or otherwise 
suwort residential composting and recycling: programs or business models designed to 
collect, transport for processing or process organic or recyclable materials; pilot programs 
designed to evaluate the feasibility of targeted composting. organics recovery, recycling 
or other waste management programs or initiatives: and initiatives or programs designed 
to educate certain categories of individuals or the general public about composting, 
organics recovery or recycling or to otherwise improve individual or community waste 
management practices. 
5. Priorities. The department shall give highest priority in the awarding of funds 
under this section to programs, projects. initiatives or activities proposed by municipal or 
regional association applicants that otherwise meet the department's eligibility criteria. 
The department shall also give priority to applicants proposing programs, projects, 
initiatives or activities that are likely to increase the removal and recycling of organic 
COMMITTEE AMENDMENT 
i. t\ t:,, 
COMMITTEE AMENDMENT" /t" to S.P. 626, L.D. 1578 
materials from municipal waste streams. The awarding of funds under this section must 
be consistent with the solid waste management hierarchy established under section 2101 
and the food recovery hierarchy established under section 2101-B and must be prioritized 
to provide the most benefit to the State in terms of increasing the diversion of solid waste 
from disposal. 
6. Conditions of approval. The department may require, as a condition of grant 
approval, that an applicant demonstrate its ability to provide in-kind contributions relating 
to the grant applied for or to provide a certain level of matching funding to supplement 
the grant applied for. 
7. Rules. The department may adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 9. 38 MRSA §2203-A, sub-§1, as amended by PL 2011, c. 544, §3, is 
further amended to read: 
1. 
Fees. Fees Unless otherwise provided by rule adopted in accordance with 
subsection 3, fees are imposed in the following amounts to be levied for solid waste that 
is disposed of at commercial, municipal, state-owned and regional association landfills. 
Asbestos 
Oil-contaminated soil, gravel, brick, 
concrete and other aggregate 
Waste water facility sludge 
Ash, coal and oil 
Paper mill sludge 
Industrial waste 
Sandblast grit 
All other special waste 
Municipal solid waste ash 
Front end process residue (FEPR) 
Begiftflfftg JaBaary 1, 2f) 13 a:ad eaEH:Bg 
Deeemeer 31, 2Q 13, eeBStraetiea a:aa 
demelitiea eeeris a:ae resieae ft:em tee 
JlfeeessiBg ef eeastraetiaa a:ae deH1:01itiea 
aebris 
$5 per cubic yard 
$25 per ton 
$5 per ton 
$5 per ton 
$5 per ton 
$5 per ton 
$5 per ton 
$5 per ton 
$1 per ton 
$1 per ton 
~1 aerteB 
COMMITTEE AMENDMENT 
\-\. o\ s. 
COMMITTEE AMENDMENT" A,, to S.P. 626, L.D. 1578 
BegiBBiBg JaBl:lary 1, 2914' 60BStraetieB 
Construction and demolition debris and 
residue from the processing of construction 
and demolition debris 
Sec. 10. 38 MRSA §2203-A, sub-§3 is enacted to read: 
$2 per ton 
3. Rules. The department may adopt rules imposing per ton or per cubic yard fees 
on any of the types of waste listed in subsection 1 disposed of at a commercial. 
municipal. regional association or state-owned solid waste landfill. 
Fees imposed 
pursuant to this subsection must be consistent with the solid waste management hierarchy 
established under section 2101 and the food recovery hierarchy established under section 
2101-B. Rules adopted pursuant to this subsection are major substantive rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec. 11. 38 MRSA §2204, first ,r, as amended by PL 1999, c. 385, §8, is further 
amended to read: 
+he Unless otherwise provided by rule adopted in accordance with subsection 4, the 
department shall impose a fee of $2 per ton on any municipal solid waste disposed of at a 
commercial, municipal 0f~ regional association or state-owned landfill, except that there 
is no fee on municipal solid waste generated by a municipality that owns the landfill 
accepting it or that has entered into a contract with a term longer than 9 months for 
disposal of municipal solid waste in that landfill facility. 
Sec. 12. 38 MRSA §2204, sub-§4 is enacted to read: 
4. Rules. The department may adopt rules imposing per ton fees on any municipal 
solid waste disposed of or received for processing at a commercial, municipal. regional 
association or state-owned solid waste disposal facility. solid waste processing facility. 
incineration facility or solid waste landfill. Fees imposed pursuant to this subsection 
must be consistent with the solid waste management hierarchy established under section 
2101 and the food recovery hierarchy established under section 2101-B. Rules adopted 
pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375. 
subchapter 2-A. 
Sec. 13. 
Department of Environmental Protection; food scraps 
composting pilot program. The Department of Environmental Protection, referred to 
in this section as "the department," shall develop, implement and administer a food scraps 
composting pilot program as described in this section. 
1. The department shall invite municipalities to voluntarily participate in the pilot 
program and shall select as participants at least one municipality from each of the 3 
following groups of counties: 
A. Androscoggin, Cumberland, Lincoln, Sagadahoc and York; 
B. Franklin, Kennebec, Knox, Oxford and Waldo; and 
C. Aroostook, Hancock, Penobscot, Piscataquis, Somerset and Washington. 
COMMITTEE AMENDMENT 
_,. 
~)\ s. 
COMMITIEE AMENDMENT" A 
"to S.P. 626, L.D. 1578 
2. The department shall invite educational programs to voluntarily participate in the 
pilot program and shall select as participants at least one educational program from each 
of the 3 following categories: 
A. A public or private educational program providing kindergarten to grade 12 
education with an enrollment of 500 students or less, as measured during the 2014-
2015 school year; 
B. 
A public or private educational program providing kindergarten to grade 12 
education with an enrollment of more than 500 students, as measured during the 
2014-2015 school year; and 
C. A public or private postsecondary educational program providing undergraduate 
and graduate education. 
3. The department shall invite and shall select as additional voluntary participants in 
the pilot program at least one entity from each of the 3 following categories: 
A. A correctional facility; 
B. A hospital; and 
C. A commercial restaurant that generates, on average, 1/2 ton or more of food 
scraps per week. 
4. The Department of Administrative and Financial Services, Bureau of General 
Services shall, in consultation with the Legislative Council, participate in the pilot 
program with respect to the State House and Burton M. Cross State Office Building 
facilities. 
5. 
The department shall provide technical assistance, and may provide financial 
assistance consistent with the Maine Solid Waste Diversion Grant Program established 
under the Maine Revised Statutes, Title 38, section 2201-B to each participating entity to 
develop and implement a food scraps composting program or to improve or expand a 
participating entity's existing food scraps composting program. A food scraps composting 
program implemented under this section may involve the establishment of a traditional 
aerobic composting system or an anaerobic digestion system or implementation of other 
food scraps processing or organics recovery technology approved by the department, or 
may, subject to the approval of the department, involve coordination by a participating 
entity with a food scraps composting program or business for the collection and delivery 
of the participating entity's food scraps to the program or business for processing or 
recovery. Each participating entity shall collect data on the amount of food scraps 
diverted from the waste stream by the program, the related cost savings realized by the 
participating entity and any problems encountered in implementing the program. Each 
participating entity shall compile this information into a report and transmit the report to 
the department on or before a date determined by the department. 
6. The department shall analyze the reports submitted by the participating entities 
pursuant to subsection 5 and, by January 15, 2019, shall submit a report to the joint 
standing committee of the Legislature having jurisdiction over environmental and natural 
resources matters detailing the data collected by each participating entity and any 
additional findings and including any recommendations for legislation to implement 
permanent food scraps composting programs or requirements at the state, regional, 
COMMITTEE AMENDMENT 
i. o\ $. 
COMMITTEE AMENDMENT " A" to S.P. 626, L.D. 1578 
municipal or local level or to otherwise increase the diversion rate for organic materials in 
the State. After receiving the report, the joint standing committee may report out a bill 
relating to the report to the First Regular Session of the 129th Legislature. 
Sec. 14. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Public Improvements - Planning/Construction - Administration 0057 
Initiative: Provides funds to establish a food waste composting pilot program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2015-16 
$0 
$0 
2016-17 
$40,000 
$40,000 
This amendment strikes and replaces the bill and amends the State's solid waste 
management laws as follows. 
1. It establishes a product stewardship program for batteries. 
2. It establishes a food recovery hierarchy to be used in conjunction with the State's 
solid waste management hierarchy as a guiding principle in making decisions related to 
solid waste and organic materials management. 
3. It updates the State's recycling goal. Current statute sets a goal of recycling or 
composting 50% of the municipal solid waste tonnage generated each year within the 
State by January 1, 2014. This amendment extends that goal deadline to January 1, 2021. 
4. It repeals the state waste reduction goal, which focused on the reduction of 
municipal solid waste generated in the State, and establishes a state waste disposal 
reduction goal focused instead on the statewide per capita reduction of waste disposed of 
in the State. 
5. It provides that revenues collected through the assessment of statutory solid waste 
fees may be expended by the Department of Environmental Protection to provide grant 
funding in accordance with the Maine Solid Waste Diversion Grant Program, which is 
established by this amendment. The department is directed to annually review current 
revenues in the Maine Solid Waste Management Fund established in the Maine Revised 
Statutes, Title 38, section 2201, as well as revenue projections for upcoming years, to 
determine whether additional revenues are available in the upcoming year to provide 
grant funding under the grant program and, if funds are available, to designate them for 
use in accordance with the program. 
6. It establishes the Maine Solid Waste Diversion Grant Program to provide grants to 
public and private entities to assist in the development, implementation or improvement 
of programs, projects, initiatives and activities designed to increase the diversion of solid 
COMMITTEE AMENDMENT 
'""'""' 
;j '1· 
COMMITIEE AMENDMENT "A" to S.P. 626, L.D. 1578 
waste from disposal in the State. Under the program, priority in the awarding of grants is 
given to municipal and regional association applicants and to applicants seeking to 
establish programs, projects, initiatives or activities likely to increase the removal and 
recycling of organic materials from municipal waste streams. 
7. It provides authority for, but does not require, the Department of Environmental 
Protection to adopt rules imposing fees on the disposal or processing of municipal solid 
waste and on the disposal of certain types of wastes. Rules adopted pursuant to this 
authority are major substantive rules and must be consistent with the State's solid waste 
management hierarchy and food recovery hierarchy. Current waste disposal fees under 
the Maine Revised Statutes, Title 38, sections 2203-A and 2204 remain unchanged and 
will continue to be assessed until the department finally adopts rules imposing different 
waste disposal fees. The amendment also makes some technical edits to section 2203-A 
to remove outdated statutory language. 
8. It directs the Department of Environmental Protection to develop, implement and 
administer a food scraps composting pilot program and provides funds to the Department 
of Administrative and Financial Services to establish such a pilot program. 
The 
Department of Environmental Protection is required to collect data from participating 
entities and by January 15, 2019 submit a report to the joint standing committee of the 
Legislature having jurisdiction over environmental and natural resources matters detailing 
the data collected by each participating entity and any additional findings and including 
any recommendations for legislation to implement permanent food scraps composting 
programs or requirements at the state, regional, municipal or local level or to otherwise 
increase the diversion rate for organic materials in the State. After receiving the report, 
the committee may report out a bill relating to the report to the First Regular Session of 
the I 29th Legislature. 
9. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
W
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Approved: 03/25/16 
;Wac:.. 
LD 1578 
LR 2574(02) 
An Act To Update Maine's Solid Waste Management Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'A"[-5-l.fl.(8J 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - Other Special Revenue Funds 
Current biennium revenue increase - Other Special Revenue Funds 
Minor revenue increase - General Fund 
FY 2015-16 
FY 2016-17 
Projections 
FY 2017-18 
Projections 
FY 2018-19 
Net Cost (Savings) 
General Fund 
$0 
$40,000 
$40,000 
$40,000 
Appropriations/ Allocations 
General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
$0 
$40,000 
$40,000 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
$40,00( -j' 
The bill establishes a product stewardship program for batteries and requires the Department of Environmental 
Protection (DEP) to charge a fee of up to $25,000 on applicants to review submissions of covered battery stewardship 
plans. The DEP is also allowed to establish an annual fee of up to $25,000 on operators of each covered battery 
stewardship program for costs related to oversight, administration and enforcement. Both of these fees must be based 
on actual costs to the DEP. Although there is no estimate of the amount of Other Special Revenue Funds expenditures 
and revenue these activities will generate, this fiscal note assumes there will be adequate resources to cover DEP 
costs. This bill also establishes the Maine Solid Waste Diversion Grant Program for the purpose of providing grants to 
entities increasing the diversion of solid waste from disposal in the State. DEP is required to provide funding from the 
Maine Solid Waste Management Fund for these grants ifDEP determines there are sufficient balances within the fund 
to make disbursements. There is no estimate on the amount of grants that will be disbursed to eligible entities. The bill 
also allows DEP to conduct rulemaking to change fees related to certain solid waste disposal, resulting in an estimated 
potential increase in Other Special Revenue Funds revenue to the Maine Solid Waste Management Fund. This bill 
also requires DEP to establish a food scraps composting pilot program with costs expected to be absorbed within 
existing budgeted resources. 
This bill includes a General Fund appropriation of $40,000 in fiscal year 2016-17 for the Department of 
Administrative and Financial Services to establish a food waste composting pilot program. Any additional costs to tht 
Legislature to participate in the pilot program are expected to be minor and can be absorbed within existing budgeted 
resources. 
LR2574(02) - Fiscal Note - Page I of I