An Act To Increase the Beverage Container Redemption Reimbursement To Offset Minimum Wage Increases
Maine Legislature, Session 129, LD 0426
Committee: Environment and Natural Resources
Sponsors: WHITE, FOLEY, CAMPBELL, DOLLOFF, HEAD, HUTCHINS, JOHANSEN, KINNEY, PICKETT, TIMBERLAKE
Amends: 38 MRSA §3106

Legislative Document
No. 426
H.P. 335
House of Representatives, January 29, 2019
An Act To Increase the Beverage Container Redemption 
Reimbursement To Offset Minimum Wage Increases
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative WHITE of Washburn.
Cosponsored by Senator FOLEY of York and
Representatives: CAMPBELL of Orrington, DOLLOFF of Rumford, HEAD of Bethel, 
HUTCHINS of Penobscot, JOHANSEN of Monticello, KINNEY of Knox, PICKETT of 
Dixfield, Senator: TIMBERLAKE of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §3106, sub-§7, as enacted by PL 2015, c. 166, §14, is amended 
to read:
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 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 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 and, at least 4¢ for containers picked up on 
or after March 1, 2010 and before March 1, 2020 and at least 4 1/2¢ for containers 
picked up on or after March 1, 2020.  The initiator of the deposit may reimburse the 
dealer or local 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 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 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 and, at least 4¢ for containers picked up on or after 
March 1, 2010 and before March 1, 2020 and at least 4 1/2¢ for containers picked up 
on or after March 1, 2020.  The initiator of the deposit may reimburse the dealer or 
local redemption center directly or indirectly through a contracted agent or through a 
party with which it has entered into a commingling agreement.
C.  The reimbursement that the initiator of the deposit is obligated to pay the dealer or 
redemption center pursuant to paragraph A or B must be reduced by 1/2¢ for any 
returned container that is subject to a qualified commingling agreement that allows 
the dealer or redemption center to commingle beverage containers of like product 
group, material and size.  A commingling agreement is qualified for purposes of this 
paragraph if the department determines that 50% or more of the beverage containers 
of like product group, material and size for which the deposits are being initiated in 
the State are covered by the commingling agreement or that the initiators of deposit 
covered by the commingling agreement are initiators of deposit for wine containers 
who each sell no more than 100,000 gallons of wine or 500,000 beverage containers 
that contain wine in a calendar year.  Once the initiator of deposit has established a 
qualified commingling agreement for containers of a like product group, material and 
size, the department shall allow additional brands to be included from a different 
product group if they are of like material.  The State, through the Department of 
Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery 
Operations, shall make every reasonable effort to enter into a qualified commingling 
agreement under this paragraph with every other initiator of deposit for beverage 
containers that are of like product group, size and material as the beverage containers 
for which the State is the initiator of deposit.
D.  Paragraphs A, B and C do not apply to a brewer who annually produces no more 
than 50,000 gallons of its product or a bottler of water who 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 who annually produces no more than 
50,000 gallons of its product or a bottler of water who annually 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, beginning March 1, 2020, the initiator of deposit shall 
reimburse the dealer or local redemption center at least 3 1/2¢ per returned container.
SUMMARY
This bill increases by 1/2¢ per returned container the handling costs to be reimbursed 
to the dealer or local redemption center for the cost of handling beverage containers 
beginning March 1, 2020.