An Act To Implement the Recommendations of the Department of Environmental Protection Regarding the State's Container Redemption Law
Maine Legislature, Session 129, LD 2172
Amends: Title 38, Section 1772, 38 MRSA §352, 38 MRSA §3102, 38 MRSA §3105, 38 MRSA §3113

Legislative Document
No. 2172
H.P. 1555
House of Representatives, July 28, 2020
An Act To Implement the Recommendations of the Department of 
Environmental Protection Regarding the State's Container 
Redemption Law
Reported by Representative TUCKER of Brunswick for the Joint Standing Committee on 
Environment and Natural Resources  pursuant to the Maine Revised Statutes, Title 38, Section 
1772, subsection 5.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §352, sub-§5-A, as amended by PL 2019, c. 374, §1 and c. 
526, §2, is further amended by amending Table II to read:
TABLE II
WASTE MANAGEMENT FEES - ANNUAL LICENSE
MAXIMUM FEES IN DOLLARS
TITLE 38
SECTION
PROCESSING FEE ANNUAL LICENSE 
FEE
1278, Asbestos abatement
A.  Asbestos abatement contractor
$0
$650
B.  Asbestos abatement worker
C.  Asbestos consultant
D.  Asbestos analytical laboratory
E.  Training provider
F.  Other categories of asbestos 
professionals except asbestos 
abatement workers
G.  Notification
1.  Project size greater than 100 
square feet or 100 linear feet and 
less than 500 square feet or 2,500 
linear feet
2.  Project size 500 square feet or 
2,500 linear feet, or greater, and 
less than 1,000 square feet or 
5,000 linear feet
3.  Project size 1,000 square feet 
or 5,000 linear feet, or greater 
1304, Waste management
A.  Septage disposal
1. Landspreading
$550
$250
2. Storage
B.  Residuals compost facility
1. Type I
3. Type II and Type III less than 
3,500 cubic yards
5.  Type II and Type III 3,500 
cubic yards or greater
1,400
C.  Land application of sludges and 
residuals 
1. Sites with program approval 
a. Industrial sludge
b. Municipal sludge
c. Bioash
d. Wood ash
e. Food waste
f. Other residuals
2. Sites without program approval 
a. Industrial sludge
b. Municipal sludge
c. Bioash
d. Wood ash
e. Food waste
f. Other 
1310-N, Solid waste facility siting
A.  Landfill
1. Existing, nonsecure municipal 
solid waste landfills accepting 
waste from fewer than 15,000 
people 
3,500
1,000
2. Existing, nonsecure municipal 
solid waste landfills accepting 
waste from more than 15,000 
people 
3,500
3,500
3. New or expanded for secure 
landfill
5,000
8,500
5. Nonsecure wood waste or 
demolition debris landfills, or 
both, if less than or equal to 6 
acres 
B.  Incineration facilities
1. New or expanded for the 
acceptance of municipal or special 
wastes, or both 
3,500
5,000
2. Municipally owned and 
operated solid waste incinerators 
with licensed capacity of 10 tons 
per day or less 
3,500
1,000
Sec. 2.  38 MRSA §3102, sub-§13, ¶C, as enacted by PL 2019, c. 526, §4, is 
amended to read:
C.  Imports into the United States for sale or offering for sale in the State a beverage 
that is manufactured outside of the United States by another person without a 
presence in the United States; or
Sec. 3.  38 MRSA §3102, sub-§13, ¶D, as enacted by PL 2019, c. 526, §4, is 
amended to read:
D.  Is an out-of-state wholesaler of liquor that holds a certificate of approval issued 
pursuant to Title 28-A.; or
Sec. 4.  38 MRSA §3102, sub-§13, ¶E is enacted to read:
E.  Bottles, cans or otherwise places beverages in beverage containers for sale to 
distributors or dealers.
Sec. 5.  38 MRSA §3105, sub-§5, as amended by PL 2019, c. 526, §6, is further 
amended to read:
5.  Label registration.  An initiator of deposit shall register the container label of any 
beverage offered for sale in the 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 
C.  Transfer station and storage 
facility
D.  Tire storage facility
F.  Processing facility other than 
municipal solid waste composting 
G.  Beneficial use activities other than 
agronomic utilization 
3. Fuel substitution
4. Beneficial use without risk 
assessment
5. Beneficial use with risk 
assessment
1,400
H.  Permit by rule for ongoing 
activities
3109, Redemption centers 
department may charge a fee for registration and registration renewals under this 
subsection.
A.  An initiator of deposit who submits an initial application or annual renewal 
application for the registration of a beverage container label under this subsection 
shall include with the application payment of the following fees.
(1)  For a beverage container containing wine, the initial application fee is $1 per 
label and the annual renewal application fee is $1 per label.
(2)  For a beverage container containing a beverage other than wine, the initial 
application fee is $4 per label and the annual renewal application fee is $4 per 
label.
B.  If a universal product code or international article number on a registered 
beverage container label is changed during the registration period, all beverage 
containers using that label are considered discontinued and an initiator of deposit, 
prior to selling or offering for sale those beverage containers in the State, shall submit 
a new registration application under this subsection to register the changed label and 
pay the required fee under this subsection.
Sec. 6.  38 MRSA §3113, sub-§1, as amended by PL 2019, c. 526, §10, is further 
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.  
Sec. 7.  38 MRSA §3113, sub-§1-A is enacted to read:
1-A.  Fees.  A person that submits an initial application or an annual renewal 
application under this chapter shall include with the application payment of the following 
fees.
A.  For a redemption center, the initial application fee is $100 and the annual renewal 
application fee is $100.
B.  For an initiator of deposit that is a small brewery or small winery that produces 
50,000 gallons or less of its product in a calendar year, the initial application fee is 
$50 and the annual renewal application fee is $50.
C.  For an initiator of deposit that is a bottler of water that sells in a calendar year 
within the State 250,000 or fewer containers each containing no more than one gallon 
of its product, the initial application fee is $50 and the annual renewal application fee 
is $50.
D.  For a small beverage manufacturer that produces 50,000 gallons or less of all 
beverages at all manufacturing locations of the manufacturer in a calendar year, the 
initial application fee is $50 and the annual renewal application fee is $50.
E.  For an initiator of deposit not described in paragraph B, C or D, the initial 
application fee is $500 and the annual renewal application fee is $500.
F.  For approval as a pick-up agent, the initial application fee is $500 and the annual 
renewal application fee is $500.
Sec. 8.  Department of Environmental Protection; report.  The Department 
of Environmental Protection, using information reported to the department by initiators of 
deposit and pick-up agents that are not initiators of deposit pursuant to the Maine Revised 
Statutes, Title 38, section 3119, or other information available to 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 convenient collection of beverage containers for 
consumers.  On or before February 15, 2021, the department shall submit a report to the 
joint standing committee of the Legislature having jurisdiction over environment and 
natural resources matters 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 Title 38, section 1772, subsection 1.  After reviewing the 
report, the committee may report out legislation to the First Regular Session of the 130th 
Legislature to implement recommendations contained in the report.
SUMMARY
This bill, which is reported out by the Joint Standing Committee on Environment and 
Natural Resources pursuant to the Maine Revised Statutes, Title 38, section 1772, 
subsection 5, implements the recommendations of the Department of Environmental 
Protection regarding the State's container redemption law as contained in a report 
submitted to the Joint Standing Committee on Environment and Natural Resources 
pursuant to that same public law.
The bill reallocates the annual license fee for redemption centers from Title 38, 
section 352 to the container redemption law and incorporates in the container redemption 
law other existing application and licensing fees that are assessed by the department.  It 
amends the definition of "manufacturer" under the container redemption law to include 
persons that bottle, can or otherwise place beverages in beverage containers for sale to 
distributors or dealers.  It incorporates into the beverage container label registration 
provisions under the container redemption law the registration fees that are assessed by 
the department and clarifies the process for addressing changes to a universal product 
code or international article number on a beverage container label following its 
registration with the department.
The bill also requires the department, using information reported to the department by 
initiators of deposit and pick-up agents that are not initiators of deposit pursuant to Title 
38, section 3119, or other available information, to 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 
convenient collection of beverage containers for consumers.  On or before February 15, 
2021, the department is required to submit a report to the joint standing committee of the 
Legislature having jurisdiction over environment and natural resources matters detailing 
the department's findings and recommendations, including any proposed legislation.  
After reviewing the report, the committee may report out legislation to the First Regular 
Session of the 130th Legislature.
FISCAL NOTE REQUIRED
(See attached)
Approved: 03/13/20
LD 2172     
LR 3294(01)
Fiscal Detail and Notes
Fiscal Note
Minor cost increase - General Fund
Any additional costs to the Department of Environmental Protection as a result of its recommended changes to the 
State's Container Redemption Law are anticipated to be minor and can be absorbed within existing budgeted 
resources.  
An Act To Implement the Recommendations of the Department of Environmental Protection 
Regarding the State's Container Redemption Law
Fiscal Note for Original Bill
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
LR3294(01) - Fiscal Note - Page 1 of 1