Resolve, To Support Municipal Recycling Programs
Maine Legislature, Session 129, LD 1431
Committee: Environment and Natural Resources
Sponsors: DEVIN, CARSON, FAY, GRAMLICH, GROHOSKI, KESCHL, RECKITT, TUCKER, FOLEY

Legislative Document
No. 1431
H.P. 1041
House of Representatives, March 28, 2019
Resolve, To Support Municipal Recycling Programs
(EMERGENCY)
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DEVIN of Newcastle.
Cosponsored by Senator CARSON of Cumberland and
Representatives: FAY of Raymond, GRAMLICH of Old Orchard Beach, GROHOSKI of 
Ellsworth, KESCHL of Belgrade, RECKITT of South Portland, TUCKER of Brunswick, 
Senator: FOLEY of York.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, many of Maine's communities are struggling to maintain or improve, or in 
some cases are eliminating, recycling programs, and the State has not yet achieved the 
50% state recycling goal established in state law in 1989; and
Whereas, packaging, which includes plastic, steel, aluminum, glass and cardboard, 
constitutes approximately 30 to 40% of the materials managed by weight in waste 
management programs in the State; and
Whereas, Maine taxpayers currently bear 100% of the responsibility and pay an 
estimated $16 million to $17 million each year to finance the management of packaging 
through fragmented and increasingly expensive municipal disposal or recycling options; 
and
Whereas, producers of packaging have little incentive to design packaging to 
minimize waste, reduce toxicity or maximize recyclability, and there is no organized 
coordination between the producers of packaging and municipalities that are responsible 
for disposing of or recycling the packaging; and
Whereas, producers of packaging have taken some or all responsibility for the 
management of post-consumer packaging in other parts of the world, including in all 
European Union member states and 5 provinces in Canada, with some programs dating 
back 30 years, and as a result have greatly increased recycling rates and infrastructure 
investment, created jobs and reduced taxpayer costs; and
Whereas, development of a stewardship program for packaging must be initiated 
before the 90-day period expires in order for an extended producer responsibility law for 
packaging to be developed and submitted in time to be considered in the next legislative 
session; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
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 18 and must:
1.  Include 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.  Include a definition of "producer" that clearly identifies the person ultimately 
financially responsible;
3.  Include exemptions for small producers and for product packaging that is already 
covered under Maine's beverage container redemption law;
4.  Allow producers to voluntarily participate in the program if not required by the 
law;
5.  Provide 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 required to be recycled;
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.  Require 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.  Describe 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.  Create incentives for municipalities and producers to reach predetermined 
performance goals based on reporting and data collection as described in subsection 7; 
and
9.  Establish 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.
Sec. 2.  Proposed legislation. Resolved:  That the Department of Environmental 
Protection shall submit proposed legislation pursuant to section 1 to the Joint Standing 
Committee on Environment and Natural Resources no later than December 16, 2019. The 
joint standing committee is authorized to report out a bill relating to the proposal to the 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This resolve requires 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. The proposed legislation is required also to 
incentivize producers of packaging to design packaging to be recycled or made of 
recycled content to strengthen the recycling markets. The resolve requires the department 
to submit the proposed legislation to the Joint Standing Committee on Environment and 
Natural Resources no later than December 16, 2019.