An Act To Implement Recommendations of the Department of Environmental Protection Regarding the State's Product Stewardship Program Framework Laws
Maine Legislature, Session 129, LD 1649
Committee Amendment CA_A_H361 (House)
Amends: 38 MRSA §1776

COMMITTEE AMENDMENT" A" to H.P. 1185, L.D. 1649, Bill, "An Act To 
Implement Recommendations of the Department of Environmental Protection Regarding 
the State's Product Stewardship Program Framework Laws" 
Amend the bill in section 3 in paragraph A in the 4th line (page 1, line 20 in L.D.) by 
striking out the following: "sites" and inserting the following: 'locations' 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec. 4. 38 MRSA §1776, sub-§1, ,r.D is enacted to read: 
D. The program must include at a minimum a half-time employee or contracted 
agent whose job duties are dedicated to implementing the program in the State unless 
the commissioner determines that a lesser staffing requirement is adequate to provide 
the administrative oversight, training and ongoing technical support to collection 
locations, education and outreach efforts, program performance assessment and 
rep01ting necessary for program implementation.' 
Amend the bill in section 5 in subsection 4 in the last line (page 1, line 38 in L.D.) by 
inserting after the following: "program" the following: 'and which must be properly 
documented and provided by the department to the program prior to or at the time that 
such payment is required' 
Amend the bill by striking out all of section 6 and inserting the following: 
'Sec. 6. 38 MRSA §1776, sub-§5, 118, E, H, I, J and K, as enacted by PL 
2013, c. 315, §7, are amended to read: 
B. A description of the collection system, including: 
(1) The types of s#e6 locations or other collection services to be used; 
(2) How all products covered under the product stewardship program will be 
collected in all counties of the State; and 
(3) How the collection system will be convenient and adequate to serve the 
needs of all entities; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A,, to H.P. 1185, L.D. 1649 
E. If possible, a A description of the method methods to be used to reuse, deconstruct 
& and recycle the unwanted product to ensure that the product components are 
transformed or remanufactured to the extent feasible; 
H. A description of the education and outreach methods that will be used to recruit, 
train and monitor collection locations and to encourage participation in the program 
on an ongoing basis by collection locations and by consumers throughout the State; 
I. A description of how education and outreach methods will be evaluated, including, 
at a minimum, completion of an annual consumer awareness survey to assess 
consumer knowledge regarding product management options and collection 
locations. 
The survey questions and methodology must be approved by the 
department, and the survey must be administered by a 3rd party; 
J. 
Any A description of how program performance will be assessed, including 
performance goals established by producers or a ste1.vardship organization to show 
success of the programt-and. When a performance goal is expressed as a recycling 
rate or a diversion from disposal rate, the plan must include a description of the 
methodology and the relevant historic sales data used to develop the rate. 
Sales 
information submitted to the department pursuant to this paragraph that is identified 
by the producer or stewardship organization as proprietary information is confidential 
and must be handled by the department in accordance with subsection 10. 
The 
performance goals under this paragraph must include, at a minimum, one of the 
following goals: 
(1) That at least 50% of the residents of the State will be aware of the program 
by no later than the end of the 3rd year of program implementation and at least 
70% of the residents of the State will be aware of the program by no later than 
the end of the 6th year of program implementation; 
(2) That a diversion from disposal rate of at least 50% will be achieved by the 
program by no later than the end of the 4th year of program implementation; or 
(3) 
An alternative performance goal that does not meet the criteria in 
subparagraph (1) or (2) as long as sufficient evidence is provided to the 
department to justify that alternative performance goal; 
K. A description of how the program will be financed. If the program is financed by 
a per unit assessment paid by the producer to a stswardship organization consumer at 
the point of sale, a plan for an annual 3rd-party audit to ensure revenue from the 
assessment does not exceed the cost of implementing the product stewardship 
program must be included,; and' 
Amend the bill in section 7 in paragraph Lin the 4th line (page 2, line 39 in L.D.) by 
striking out the following: "employee or employees" and inserting the following: 
'program staffmg required' 
Amend the bill in section 9 in subsection 6-A in paragraph A in the 5th line (page 3, 
line 12 in L.D.) by striking out the following: "sites" and inserting the following: 
'locations' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A,, to H.P. 1185, L.D. 1649 
Amend the bill in section 9 in subsection 6-A by striking out all of paragraph B (page 
3, lines 18 to 25 in L.D.) and inserting the following: 
'B. If the department determines that a program has failed to make adequate progress 
toward achieving the program's performance goals described in the approved product 
stewardship plan pursuant to subsection 5, paragraph J, the department shall notify 
the producer or stewardship organization operating the program in writing regarding 
its determination and may direct the producer or stewardship organization to 
implement specific changes to the plan within 6 months of the written notification, 
which may include, but are not limited to, improvements to the convenience of the 
collection system or to the education and outreach efforts under the program to 
improve program performance. The department may also recommend in its annual 
report under section 1772. subsection 1 that the program be amended to require 
financial incentives or, if appropriate for the product, implementation of a deposit and 
refund system.' 
Amend the bill in section 10 in subsection 7 in paragraph A in the first line (page 3, 
line 33 in L.D.) by striking out the following: "site" and inserting the following: 'location' 
Amend the bill in section 10 in subsection 7 in paragraph Din the 3rd line (page 4, 
line 1 in L.D.) by striking out the following: "Every 2 years, the" and inserting the 
following: 'Ev:ery 2 years, the The' 
Amend the bill in section 10 in subsection 7 in paragraph Fin the first line (page 4, 
line 7 in L.D.) by inserting after the following: "program" the following: 'and to the 
approved goals for the program' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, amends the bill as 
follows. 
1. 
It amends program staffing requirements to allow the Commissioner of 
Environmental Protection to approve a lesser staffing requirement than the minimum 
half-time employee required under the bill. 
2. It authorizes the Department of Environmental Protection to recommend in its 
annual report to the Legislature that a program be required to provide financial incentives 
or a deposit and refund system. 
3. It makes a number of other technical changes to the bill. 
W:SCAL NOTE REQUIRED 
(Soo Attachedj 
COMMITTEE AMENDMENT 
Approved: 05/19/19 fea<:!. 
LD 1649 
LR2468(02) 
An Act To Implement Recommendations of the Department of Environmental Protection Regarding 
the State's Product Stewardship Program Framework Laws 
Fiscal Note for Bill as Amended by Committee Amendment,~,( H-s lo)) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection as a result of changes to rules regarding the 
product stewardship program are anticipated to be minor and can be absorbed within existing budgeted resources. 
LR2468(02) - Fiscal Note - Page 1 of 1