An Act To Increase the Reimbursement to Bottle Redemption Centers
Maine Legislature, Session 129, LD 0360
Committee: Environment and Natural Resources
Sponsors: TIMBERLAKE, TUCKER, BLACK, CARSON, DAVIS, FARRIN, FOLEY, KEIM, CAMPBELL, DEVIN
Amends: 38 MRSA §3106

Legislative Document
No. 360
S.P. 100
In Senate, January 24, 2019
An Act To Increase the Reimbursement to Bottle Redemption 
Centers
(EMERGENCY)
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIMBERLAKE of Androscoggin.
Cosponsored by Representative TUCKER of Brunswick and
Senators: BLACK of Franklin, CARSON of Cumberland, DAVIS of Piscataquis, FARRIN of 
Somerset, FOLEY of York, KEIM of Oxford, Representatives: CAMPBELL of Orrington, 
DEVIN of Newcastle.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation increases the amount that initiators of deposit reimburse 
dealers and local redemption centers beginning May 1, 2019; 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 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 May 1, 2019, at least 5¢ for containers picked up 
on or after May 1, 2019 and before January 1, 2020 and at least 6¢ for containers 
picked up on or after January 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 May 1, 2019, at least 5¢ for containers picked up on or 
after May 1, 2019 and before January 1, 2020 and at least 6¢ for containers picked up 
on or after January 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 May 1, 2019, the initiator of deposit shall reimburse 
the dealer or local redemption center at least 4¢ per returned container and, beginning 
January 1, 2020, the initiator of deposit shall reimburse the dealer or local redemption 
center at least 5¢ per returned container.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill increases the reimbursement to the dealer or local redemption center for the 
cost of handling beverage containers by one cent beginning May 1, 2019 and by an 
additional one cent beginning January 1, 2020.