Resolve, To Support Municipal Recycling Programs ·
Maine Legislature, Session 129, LD 1431
Committee Amendment CA_A_H237 (House)

COMMITTEE AMENDMENT "A" to H.P. 1041, L.D. 1431, "Resolve, To Support 
Municipal Recycling Programs" 
· 
Amend the resolve by striking out all of the emergency preamble (page 1, lines 1 to 
in L.D.). 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec. 1. 
Development of product stewardship law for packaging. 
Resolved: That the Department of Environmental Protection shall develop legislation 
establishing an extended producer responsibility law for packaging in the State. The 
proposed legislation must, to the greatest extent practicable, adhere to the product 
stewardship framework law established in the Maine Revised Statutes, Title 38, chapter 
and must include, but is not limited to: 
1. A definition of "packaging" that covers, at a minimum, materials used to wrap or 
protect consumer goods, including food and personal care products, and containers and 
packaging used in the shipping, storage, protection and marketing of consumer products; 
2. A definition of "producer" that clearly identifies the person ultimately financially 
responsible; 
3. Exemptions for small producers and for product packaging that is already covered 
under Maine's beverage container redemption law; 
4. 
An allowance for producers to voluntarily participate in the program if not 
required by the law; 
5. 
Provisions for the establishment of a nonprofit stewardship organization of 
producers of packaging to support the State's municipal solid waste management 
programs. 
The agreement establishing the stewardship organization must require 
producers to: 
A. Cover at least 80% of the cost of recycling packaging material sold in the State 
that is not readily recyclable; 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "toH.P.1041,L.D.1431 
B. Provide per capita reimbursement payments to municipalities for nonrecyclable 
packaging to help municipalities cover the cost of packaging needing disposal; and 
C. Invest in waste reduction and recycling education and infrastructure; 
6. A requirement that the stewardship organization establish an equitable funding 
scheme among covered producers that encourages better packaging design in which: 
A. Producers pay higher fees for packaging materials sold into the market that are 
not readily recyclable, are made of multiple materials or are toxic, in order to 
discourage the creation of materials needing disposal; and 
B. Producers pay lower fees for packaging materials sold into the market that are of 
higher value reusable components and that contain higher percentages of recycled 
content to ensure that the stewardship program supports a strong recycling economy; 
7. A description of the preferred methods to be used for regular data collection and 
reporting and recycling rate and contamination calculations in order that: 
A. There is transparency and accountability in assessing the success of the program; 
B. 
The costs of collecting and reporting data are paid for by the stewardship 
organization; and 
C. There is consistency with internationally accepted standards and there is sufficient 
information to evaluate the effectiveness of the program; 
8. Creation of incentives for municipalities and producers to reach predetermined 
performance goals based on reporting and data collection as described in subsection 7; 
and 
9. Establishment of a method by which producers can protect themselves against 
producers that fail to register with a program. These methods may include private right of 
action, requirements that online retailers of packaging be responsible for paying into a 
fund in support of the program if the products they sell are from producers who are not 
part of the stewardship program or other strategies that ensure fairness and full 
compliance.' 
Amend the resolve by striking out all of the emergency clause. 
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment removes from the resolve the emergency preamble and emergency 
clause and clarifies the scope of the new packaging stewardship program to be developed 
by the Department of Environmental Protection under the resolve. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/01/19 feac 
LD 1431 
LR266(02) 
Resolve, To Support Municipal Recycling Programs 
Fiscal Note for Bill as Amended by Committee Amendment A( ff ;;3 ~ 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional cost to the Department of Environmental Protection to develop proposed legislation to establish a new 
product stewardship program requiring producers of packaging to assist Maine municipalities in managing and 
financing packaging waste disposal and recycling programs in the State is anticipated to be minor and can be 
absorbed within existing budgeted resources. 
LR0266(02) - Fiscal Note - Page 1 of 1