An Act To Implement Recommendations of the Department of Environmental Protection Regarding the State's Container Redemption Laws
Maine Legislature, Session 129, LD 1628
Committee Amendment CA_A_H461 (House)

COMMITTEE AMENDMENT"/}" to H.P. 1171, L.D. 1628, Bill, "An Act To 
Implement Recommendations of the Department of Environmental Protection Regarding 
the State's Container Redemption Laws" 
Amend the bill in section 5 in the first line (page 7, line 12 in L.D.) by striking out 
the following: "and 17-B" and inserting the following: ', 17-B and 17-C' 
Amend the bill in section 5 by inserting after subsection 17-A the following: 
'17-B. Recycling. "Recycling" or "recycle" means a series of activities by which 
material that has reached the end of its current use is processed into material for use in the 
production of new products.' 
Amend the bill in section 5 by renumbering the subsections to read consecutively. 
Amend the bill in section 7 in the first line (page 8, line 1 in L.D.) by striking out the 
following: "enacted by PL 2015, c. 166, §14, is" and inserting the following: 'amended by 
PL 2019, c. 133, §1, is further' 
Amend the bill in section 7 in §3106 by striking out all of subsection 1 (page 8, lines 
to 12 in L.D.) and inserting the following: 
'1. Dealer acceptance. Except as otherwise provided in this section, a dealer 
operating a retail space of 5.000 square feet or more may not refuse to accept from any 
consumer or other person not a dealer any empty, unbroken and reasonably clean 
beverage container oftlui kind, size and brand sold by the dealer, or refuse to pay in cash 
the refund value of the returned beverage container as established by section 3103.--+his 
seetion does not require an operator of a vending maehlne to maintain a person to aeeept 
returned be--;erage eontainers on the premises v,rhere the vending maehlne is loeated. 
unless the dealer has a written agreement with a redemption center to provide redemption 
services on behalf of the dealer and that redemption center: 
A. Is located within 10 miles from the dealer. as measured along public roadways: or 
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B. If there is no redemption center located within 10 miles from the dealer under 
paragraph A. is the redemption center in closest proximity to the dealer, as measured 
along public roadways. 
This subsection does not require an operator of a vending machine to maintain a person to 
accept returned beverage containers on the premises where the vending machine is 
located.' 
Amend the bill in section 7 in §3106 by striking out all of subsection 7 (page 9, lines 
to 45 and page 10, lines 1 to 8 in L.D.) and inserting the following: 
'7. 
Reimbursement of handling costs. 
Reimbursement of handling costs is 
governed by this subsection. 
A. In addition to the payment of the refund value, the initiator of the deposit under 
section 3103, subsections 1, 2 and 4 shall reimburse the dealer or leeal redemption 
center for the cost of handling beverage containers subject to section 3103, in an 
amount that equals at least 3¢ per returned container for containers picked up by the 
initiator before March 1, 2004, at least 3 1/2¢ for containers picked up on or after 
March 1, 2004 and before March 1, 2010, at least 4¢ for containers picked up on or 
after March 1, 2010 and before January 1, 2020 and at least 4 1/2¢ for containers 
picked up on or after January 1, 2020. The initiator of the deposit may reimburse the 
dealer or leeal redemption center directly or indirectly through a party with which it 
has entered into a commingling agreement. 
B. In addition to the payment of the refund value, the initiator of the deposit under 
section 3103, subsection 3 shall reimburse the dealer or leeal redemption center for 
the cost of handling beverage containers subject to section 3103 in an amount that 
equals at least 3¢ per returned container for containers picked up by the initiator 
before March 1, 2004, at least 3 1/2¢ for containers picked up on or after March 1, 
2004 and before March 1, 2010, at least 4¢ for containers picked up on or after March 
1, 2010 and before January 1, 2020 and at least 4 1/2¢ for containers picked up on or 
after January 1, 2020. The initiator of the deposit may reimburse the dealer or leeal 
redemption center directly or indirectly through a contracted agent or through a party 
with which it has entered into a commingling agreement. 
D. Paragraphs A and B do not awly to a bre-1.ver who annually produces no more 
than 50,000 gallons of its prodliet or a bottler of water 1.vho annually sells no more 
than 250,000 containers each containing no more than one gallon of its product. In 
addition to the payment of the refund value, an initiator of deposit under section 
3103, subsections 1 to 4 who is also a brewer v.rllo annually produces no more than 
50,000 gallons of its produet or a bottler of water who a-anually sells no more than 
250,000 containers each containing no more than one gallon of its product shall 
reimburse the dealer or local redemption center for the cost of handling beverage 
containers subject to section 3103 in an amount that equals at least 3¢ per returned 
container, except that, begitHllllg January 1, 2020, the initiator of deposit shall 
reimburse the dealer or local redemption center at least 3 1/2¢ per returned container.' 
Amend the bill in section 9 in §3109 in subsection 5-A in the 3rd line (page 16, line 
in L.D.) by striking out the following: "containers" and inserting the following: 
'receptacles' 
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COMMITTEE AMENDMENT "f}" to H.P. 1171, L.D. 1628 
Amend the bill in section 9 in §3109 by inserting after subsection 5-A the following: 
15-B. Beverage container auditing. A redemption center shall prepare beverage 
containers for pickup by pick-up agents, which are subject to audit pursuant to rules 
adopted by the department in accordance with this subsection. 
A. 
A redemption center shall label each shell, shipping carton, bag or other 
receptacle with the business name, initials, redemption center license number or other 
unique identifying mark and with the number of beverage containers contained in 
each shell, shipping carton, bag or other receptacle. 
B. The department may audit shells, shipping cartons, bags or other receptacles that 
have been prepared for pickup by a redemption center. 
(1) An audit may be conducted by the department on site at the redemption 
center or off site at a different location. Off-site audits may involve the use of 
bulk redemption technology. 
(2) An audit must be conducted on a minimum of 1,000 beverage containers. 
(3) If the results of an audit vary from the beverage container count labeled in 
accordance with paragraph A, the department shall, in the case of an on-site 
audit, require the redemption center to add or remove containers to address the 
variation in the results of the audit or, in the case of an off-site audit, require the 
redemption center to accept payment from the initiator of deposit or pick-up 
agent adjusted in accordance with the variation in the results of the audit. 
(4) The department may deny an application for approval of a redemption center 
under subsection 2 if the redemption center, pursuant to audits conducted by the 
department in accordance with this subsection, has repeatedly prepared for 
pickup shells, shipping cartons, bags or other receptacles containing less than 
97% of the beverage containers that such shells, shipping cartons, bags or other 
receptacles are labeled as containing. 1 
Amend the bill in section 10 in §3113 in subsection 4 by striking out all of paragraph 
B (page 17, lines 21 and 22 in L.D.) and inserting the following: 
1B. An entity that is a food establishment or distributor licensed by or registered with 
the department need not comply with subsection 3 ;' 
Amend the bill by adding after section 14 the following: 
'Sec. 15. Initiator of deposit and pick-up agent reporting of beverage 
container sales and redemption data for calendar year 2018; report. No later 
than November 1, 2019, each initiator of deposit and each pick-up agent that is not an 
initiator of deposit shall report to the Department of Environmental Protection, in a 
manner consistent with the Maine Revised Statutes, Title 38, section 3119, information 
regarding its beverage container sales and redemptions for calendar year 2018 which 
must include for calendar year 2018 the number of containers picked up from each 
redemption center by container type and by redemption value. Upon receipt of the data 
under this section, the department shall assess the efficiency and convenience of the 
beverage container redemption system and develop recommendations to improve 
efficiencies in the handling and transportation of beverage containers and to ensure 
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convenient collection of beverage containers for consumers. On or before January 15, 
2020, the department shall submit a report to the Joint Standing Committee on 
Environment and Natural Resources detailing the department's findings 
and 
recommendations, including any proposed legislation. The report under this section may 
be included in the report required pursuant to Public Law 2019, chapter 133, section 3. 
After reviewing the report, the committee may report out legislation to the Second 
Regular Session of the 129th Legislature to implement recommendations contained in the 
report.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment amends the bill as follows. 
1. It includes a definition for the term "recycling" or "recycle" as applicable to the 
container redemption laws. 
2. It authorizes the Department of Environmental Protection to conduct audits of 
beverage containers prepared for pickup by pick-up agents at redemption centers and to 
adopt rules regarding such audits. 
3. It amends the bill to provide that a dealer of beverage containers with 5 ,000 or 
more square feet of retail space must accept beverage container returns unless the dealer 
has a written agreement with a redemption center located within 10 miles of the dealer, or 
with the redemption center in closest proximity to the dealer, to provide redemption 
services on the dealer's behalf. 
4. It retains in the law the exception from the population requirements for licensing 
of redemption centers by distributors, but removes the exception for food establishments. 
The bill removed the exception for both food establishments and distributors. 
5. It requires that no later than November 1, 2019, each initiator of deposit and each 
pick-up agent that is not an initiator of deposit must report to the department information 
regarding its beverage container sales and redemptions for calendar year 2018, which the 
department must use in developing findings and recommendations for inclusion in a 
report, due January 15, 2020, to the Joint Standing Committee on Environment and 
Natural Resources. The committee is authorized to rep01t out legislation to implement 
those recommendations. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/24/19 frac 
LD 1628 
LR2466(02) 
An Act To Implement Recommendations of the Department of Environmental Protection Regarding 
the State's Container Redemption Laws 
Fiscal Note for Bill as Amended by Committee Amendment,~( J/ ... 1/,lj 
Committee: Environment and Natural Resources 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2019-20 
FY 2020-21 
$0 
$0 
$0 
$0 
Projections 
FY 2021-22 
$0 
$0 
Projections 
FY 2022-23 
$1,250,000 
($1,250,000) 
This bill implements the Department of Environmental Protection (DEP) recommendations regarding the State's 
beverage container redemption laws as included in the DEP's annual report on the State's product stewardship 
programs. The recommendations include; increasing the annual license fee for redemption centers from $50 to $100, 
creating specific responsibilities of initiators of deposit regarding container pick-ups, clarification of the rules 
regarding commingling agreements, a requirement that all initiators of deposit enter into a commingling agreement 
by January 1, 2023, clarification of the licensing requirements for redemption centers and adding new reporting 
requirements for initiators of deposit and redemption centers. 
Under current law, unclaimed deposits for redeemable beverage containers not subject to a commingling agreement 
are turned over to the State and eventually are credited to the General Fund. A requirement that all initiators of 
deposit enter into a commingling agreement would reduce General Fund revenue by approximately $1,250,000 in 
fiscal year 2022-23 and by $2,500,000 annually afterward. An increase to the annual license fee for redemption 
centers will increase Other Special Revenue Funds revenue. The amount of increase is not expected to be significant. 
LR2466(02) - Fiscal Note - Page 1 of 1