An Act To Implement Recommendations of the Department of Environmental Protection Regarding the State's Container Redemption Laws
Maine Legislature, Session 129, LD 1628
Committee: Environment and Natural Resources
Amends: 36 MRSA §1760, 38 MRSA §352, 38 MRSA §3102, 38 MRSA §3105, 38 MRSA §3106, 38 MRSA §3107, 38 MRSA §3109, 38 MRSA §3113, 38 MRSA §3115, 38 MRSA §3116, 38 MRSA §3117, 38 MRSA §3119

Legislative Document
No. 1628
H.P. 1171
House of Representatives, April 25, 2019
An Act To Implement Recommendations of the Department of 
Environmental Protection Regarding the State's Container 
Redemption Laws
Reported by Representative TUCKER of Brunswick for the Joint Standing Committee on 
Environment and Natural Resources pursuant to Joint Order 2019, H.P. 883.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  36 MRSA §1760, sub-§93, as amended by PL 2015, c. 166, §13, is 
further amended to read:
93.  Plastic bags sold to redemption centers.  Sales to a local redemption center 
licensed under Title 38, section 3113 of plastic bags used by the redemption center to 
sort, store or transport returnable beverage containers.
Sec. 2.  38 MRSA §352, sub-§5-A, as amended by PL 2009, c. 374, §1, is further 
amended to read:
5-A.  Accounting system.  In order to determine the extent to which the functions set 
out in this section are necessary for the licensing process or are being performed in an 
efficient and expeditious manner, the commissioner shall require that all employees of the 
department involved in any aspect of these functions keep accurate and regular daily time 
records.  These records must describe the matters worked on, services performed and the 
amount of time devoted to those matters and services, as well as amounts of money 
expended in performing those functions.  Records must be kept for a sufficient duration 
of time as determined by the commissioner to establish to the commissioner's satisfaction 
that the fees are appropriate.
TABLE I
MAXIMUM FEES IN DOLLARS
TITLE 36
SECTION 
PROCESSING FEE
CERTIFICATION 
FEE
656, sub-§1, ¶E, Pollution Control 
Facilities
A.  Water pollution control facilities 
with capacities at least 4,000 gallons 
of waste per day and §1760, sub-§29, 
water pollution control facilities
$250
$20
B.  Air pollution control and §1760, 
sub-§30, air pollution control facilities
TITLE 38
SECTION
PROCESSING FEE
LICENSE
FEE
344, sub-§7, Permit by rule
$50
$0
413, Waste discharge licenses
See section 353-B
420-D, Storm water management
A. If structural means of storm water 
control are used
$400 for the first 
acre of disturbed 
area, plus $200 for 
each additional 
whole acre of 
disturbed area
$100 for the first 
acre of disturbed 
area, plus $50 for 
each additional 
whole acre of 
disturbed area
B. If solely vegetative means of storm 
water control are used
$200 for the first 
acre of disturbed 
area, plus $100 for 
each additional 
whole acre of 
disturbed area
$50 for the first acre 
of disturbed area, 
plus $25 for each 
additional whole 
acre of disturbed 
area
C. When a permit by rule is required
$55
none
If a project described in paragraph A or B is reviewed and approved by a 
professional engineer at a soil and water conservation district office that has a 
memorandum of understanding with the department concerning review of projects 
pursuant to this section, the total applicable fee is reduced to a processing fee of 
$100 for the first acre of disturbed area, plus a license fee of $50 for each 
additional whole acre of disturbed area.
480-E, Natural resources protection
A.  Any alteration of a protected 
natural resource, except coastal 
wetlands and coastal sand dunes, 
causing less than 20,000 square feet of 
alteration of the resource
B.  Any alteration of a coastal wetland 
causing less than 20,000 square feet of 
alteration of the resource
C.  Any alteration of a protected 
natural resource, except coastal sand 
dunes, causing 20,000 square feet or 
more of alteration of the resource
.015/sq. ft. alteration
.005/sq. ft. alteration
C-1.  Significant groundwater well
4,577
1,961
C-2.  Activity within a community 
public water supply primary protection 
area
D.  Any alteration of a coastal sand 
dune
3,500
1,500
E.  Condition compliance
F.  Minor modification
485-A, Site location of development
A.  Residential subdivisions
1. Affordable housing
50/lot
50/lot
2. On public water and sewers
175/lot
175/lot
3. All Other
250/lot
250/lot
B.  Industrial parks
460/lot
460/lot
C.  Mining
1,500
1,000
D.  Structures
4,000
2,000
E.  Other
1,000
1,000
543, Oily waste discharge
560, Vessels at anchorage
587, Ambient air quality or emissions 
standards variances
5,050
590, Air emissions licenses
See section 353-A
633, Hydropower projects
A.  New or expanded generating 
capacity
450/MW
50/MW
B.  Maintenance and repair or other 
structural alterations not involving an 
increase in generating capacity
United States Code, Chapter 26, Water 
Quality Certifications, in conjunction with 
applications for hydropower project 
licensing or relicensing
A.  Initial consultation
1,000
B.  Second consultation
1,000
C.  Application
1. Storage
1,000
2. Generating
300/MW
50/MW
1304, Waste management
A.  Septage disposal
1. Site designation
B.  Land application of sludges and 
residuals program approval
1. Industrial sludge
2. Municipal sludge
3. Bioash
4. Wood ash
5. Food waste
6. Other residuals
C.  Landfill
1. Closing plans for secure 
landfills
1,500
1,500
TABLE II
WASTE MANAGEMENT FEES - ANNUAL LICENSE
MAXIMUM FEES IN DOLLARS
2. Closing plans for attenuation 
landfills
3. Post-closure report
4.  Preliminary information reports
5. License transfers
6. Special waste disposal 
a. One-time disposal of 
quantities of 6 cubic yards or 
less 
b. One-time disposal of 
quantities greater than 6 cubic 
yards 
c. Program approval for 
routine disposal of a special 
waste
7. Minor revision for secure 
landfills 
8. Minor revision for attenuation 
landfills
9. Public benefit determination 
D.  Incineration facility
2.  License transfer
E.  License transfer other than for 
landfills and incinerators
F. Minor revision for septage facilities 
and solid waste facilities other than 
landfills
G. Permit by rule for one-time 
activities
TITLE 38
SECTION
PROCESSING FEE ANNUAL LICENSE 
FEE
1278, Asbestos abatement
A.  Asbestos abatement contractor
$0
$650
B.  Asbestos abatement worker
C.  Asbestos consultant
D.  Asbestos analytical laboratory
E.  Training provider
F.  Other categories of asbestos 
professionals except asbestos 
abatement workers
G.  Notification
1.  Project size greater than 100 
square feet or 100 linear feet and 
less than 500 square feet or 2,500 
linear feet
2.  Project size 500 square feet or 
2,500 linear feet, or greater, and 
less than 1,000 square feet or 
5,000 linear feet
3.  Project size 1,000 square feet 
or 5,000 linear feet, or greater 
1304, Waste management
A.  Septage disposal
1. Landspreading
$550
$250
2. Storage
B.  Residuals compost facility
1. Type I
3. Type II and Type III less than 
3,500 cubic yards
5.  Type II and Type III 3,500 
cubic yards or greater
1,400
C.  Land application of sludges and 
residuals 
1. Sites with program approval 
a. Industrial sludge
b. Municipal sludge
c. Bioash
d. Wood ash
e. Food waste
f. Other residuals
2. Sites without program approval 
a. Industrial sludge
b. Municipal sludge
c. Bioash
d. Wood ash
e. Food waste
f. Other 
1310-N, Solid waste facility siting
Sec. 3.  38 MRSA §3102, sub-§12, as enacted by PL 2015, c. 166, §14, is 
repealed.
Sec. 4.  38 MRSA §3102, sub-§13, as enacted by PL 2015, c. 166, §14, is 
amended to read:
A.  Landfill
1. Existing, nonsecure municipal 
solid waste landfills accepting 
waste from fewer than 15,000 
people 
3,500
3,500
2. Existing, nonsecure municipal 
solid waste landfills accepting 
waste from more than 15,000 
people 
3,500
3,500
3. New or expanded for secure 
landfill
5,000
8,500
5. Nonsecure wood waste or 
demolition debris landfills, or 
both, if less than or equal to 6 
acres 
B.  Incineration facilities
1. New or expanded for the 
acceptance of municipal or special 
wastes, or both 
3,500
5,000
2. Municipally owned and 
operated solid waste incinerators 
with licensed capacity of 10 tons 
per day or less 
3,500
1,000
C.  Transfer station and storage 
facility
D.  Tire storage facility
F.  Processing facility other than 
municipal solid waste composting 
G.  Beneficial use activities other than 
agronomic utilization 
3. Fuel substitution
4. Beneficial use without risk 
assessment
5. Beneficial use with risk 
assessment
1,400
H.  Permit by rule for ongoing 
activities
3109, Redemption centers
13.  Manufacturer.  "Manufacturer" means a person who bottles, cans or otherwise 
places beverages in beverage containers for sale to distributors or dealers. that:
A.  Sells or offers for sale a beverage in the State under the manufacturer's brand or 
label;
B.  Licenses another person to sell or offer for sale a beverage in the State under the 
manufacturer's brand or label;
C.  Imports into the United States for sale or offering for sale in the State a beverage 
that is manufactured outside of the United States by another person without a 
presence in the United States; or
D.  Is an out-of-state wholesaler of liquor that holds a certificate of approval issued 
pursuant to Title 28-A.
Sec. 5.  38 MRSA §3102, sub-§§16-A, 17-A and 17-B are enacted to read:
16-A.  Pick-up agent.  "Pick-up agent" means an initiator of deposit, a distributor or 
a contracted agent of an initiator of deposit or a distributor that receives redeemed 
beverage containers from a redemption center and transports those containers for 
recycling.
17-A.  Proprietary information.  "Proprietary information" means information that 
is a trade secret or production, commercial or financial information the disclosure of 
which would impair the competitive position of the submittor and would make available 
information not otherwise publicly available.
17-B.  Redemption center.  "Redemption center" means a place of business that 
deals in acceptance of empty returnable beverage containers from either consumers or 
from dealers, or both, and that is licensed under section 3113.
Sec. 6.  38 MRSA §3105, sub-§5, as enacted by PL 2015, c. 166, §14, is amended 
to read:
5.  Label registration.  An initiator of deposit shall register the container label of any 
beverage offered for sale in the State on which it initiates a deposit.  Registration must be 
on forms or in an electronic format provided by the department and must include the 
universal product code for each combination of beverage and container manufactured.  
The initiator of deposit shall renew a label registration annually and whenever that label 
is revised by altering the universal product code or whenever the container on which it 
appears is changed in size, composition or glass color.  The initiator of deposit shall also 
include as part of the registration the method of collection for that type of container, 
identification of a collection agent, identification of all of the parties to a commingling 
agreement that applies to the container and proof of the collection agreement.  The 
department may charge a fee for registration and registration renewals under this 
subsection.  Rules adopted pursuant to this subsection that establish fees are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A and subject to review 
by the joint standing committee of the Legislature having jurisdiction over environmental 
and natural resources matters.
Sec. 7.  38 MRSA §3106, as enacted by PL 2015, c. 166, §14, is amended to read:
§3106.  Application
1.  Dealer acceptance.  Except as otherwise provided in this section, a dealer 
operating a retail space of 5,000 square feet or more may not refuse to accept from any 
consumer or other person not a dealer any empty, unbroken and reasonably clean 
beverage container of the kind, size and brand sold by the dealer, or refuse to pay in cash 
the refund value of the returned beverage container as established by section 3103 unless 
the dealer has a written agreement with a redemption center that is located within 10 
miles from the dealer, as measured along public roadways, to provide redemption 
services on behalf of the dealer. This section does not require an operator of a vending 
machine to maintain a person to accept returned beverage containers on the premises 
where the vending machine is located.
2.  Permissive refusal by dealer.  A dealer may refuse to accept from a consumer or 
other person and to pay the refund value on any beverage container, if the place of 
business of the dealer and the kind, size and brand of beverage container are included in 
an order of the department approving a redemption center under section 3109.
3.  Limitation or number of returnables accepted.  A dealer may limit the total 
number of beverage containers that the dealer will accept from any one consumer or other 
person in any one business day to 240 containers, or any other number greater than 240.
4.  Limitation on hours for returning containers.  A dealer may refuse to accept 
beverage containers during no more than 3 hours in any one business day. If a dealer 
refuses to accept containers under this subsection, the hours during which the dealer will 
not accept containers must be conspicuously posted.
5.  Distributor acceptance.  A distributor may not refuse to accept from any dealer 
or local redemption center any empty, unbroken and reasonably clean beverage container 
or any beverage container that has been processed through an approved reverse vending 
machine that meets the requirements of rules adopted by the department pursuant to this 
chapter of the kind, size and brand sold by the distributor or refuse to pay to the dealer or 
local redemption center the refund value of a beverage container as established by section 
3103.
6.  Obligation to preserve recycling value.  Notwithstanding subsection 8, a 
distributor or its agent may refuse to accept, or pay the refund value and handling costs to 
a dealer, redemption center or other person for, a beverage container that has been 
processed by a reverse vending machine in a way that has reduced the recycling value of 
the container below current market value.  This subsection may not be interpreted to 
prohibit a written processing agreement between a distributor and a dealer or redemption 
center and does not relieve a distributor of its obligation under subsection 8 to accept 
empty, unbroken and reasonably clean beverage containers.  The department shall adopt 
rules to establish the recycling value of beverage containers under this subsection and the 
rules may authorize the use of a 3rd-party vendor to determine if a beverage container has 
been processed by a reverse vending machine in a manner that has reduced the recycling 
value below current market value.  The rules must outline the method of allocating 
among the parties involved the payment for 3rd-party vendor costs.  Rules adopted under 
this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 
2-A.
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.  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.  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 managed in a commingling program in 
accordance with 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.
8.  Obligation to pick up and recycle containers.  The obligation to pick up and 
recycle beverage containers subject to this chapter is determined as follows.
A.  A distributor that initiates the deposit under section 3103, subsection 2 or 4 has 
the obligation to pick up and recycle any empty, unbroken and reasonably clean 
beverage containers of the particular kind, size and brand sold by the distributor from 
dealers to whom that distributor has sold those beverages and from licensed 
redemption centers designated to serve those dealers pursuant to an order entered 
under section 3109.  A distributor that, within this State, sells beverages under a 
particular label exclusively to one dealer, which dealer offers those labeled beverages 
for sale at retail exclusively at the dealer's establishment, shall pick up any empty, 
unbroken and reasonably clean beverage containers of the kind, size and brand sold 
by the distributor to the dealer only from those licensed redemption centers that serve 
the various establishments of the dealer, under an order entered under section 3109 
are located within 25 miles from the dealer, as measured along public roadways.  A 
dealer that manufactures its own beverages for exclusive sale by that dealer at retail 
has the obligation of a distributor under this section.  The commissioner may 
establish by rule, in accordance with the Maine Administrative Procedure Act, 
criteria prescribing the manner in which distributors shall fulfill the obligations 
imposed by this paragraph.  The rules may establish a minimum number or value of 
containers below which a distributor is not required to respond to a request to pick up 
empty containers.  Any rules adopted under this paragraph must allocate the burdens 
associated with the handling, storage and, transportation and recycling of empty 
containers to prevent unreasonable financial or other hardship.
B.  The initiator of the deposit under section 3103, subsection 3 has the obligation to 
pick up and recycle any empty, unbroken and reasonably clean beverage containers 
of the particular kind, size and brand sold by the initiator from dealers to whom a 
distributor has sold those beverages and from licensed redemption centers designated 
to serve those dealers pursuant to an order entered under section 3109.  The 
obligation may be fulfilled by the initiator directly or indirectly through a contracted 
agent.
C.  An initiator of the deposit under section 3103, subsection 2, 3 or 4 has the 
obligation to pick up and recycle any empty, unbroken and reasonably clean beverage 
containers that are commingled pursuant to a commingling agreement along with any 
beverage containers that the initiator is otherwise obligated to pick up and recycle 
pursuant to paragraphs A and B.
D.  The initiator of deposit or initiators of deposit who are members of a 
commingling agreement have the obligation under this subsection to pick up and 
recycle empty, unbroken and reasonably clean beverage containers of the particular 
kind, size and brand sold by the initiator from dealers to whom a distributor has sold 
those beverages and from licensed redemption centers designated to serve those 
dealers every 15 days.  The initiator of deposit or initiators of deposit who are 
members of a commingling agreement have the obligation to make additional pickups 
when a redemption center has collected 10,000 beverage containers from that initiator 
of deposit or from the initiators of deposit who are members of a commingling 
agreement.
The obligation obligations of the initiator of the deposit under this subsection may be 
fulfilled by the initiator directly or through a party with which it has entered into a 
commingling agreement.  A contracted agent hired to pick up beverage containers for one 
or more initiators of deposit is deemed to have made a pickup at a redemption center for 
those initiators of deposit when it picks up beverage containers belonging to those 
initiators of deposit.
9.  Plastic bags.  A dealer or redemption center has an obligation to pick up plastic 
bags that are used by that dealer or redemption center to contain beverage containers.  
Plastic bags used by a dealer or redemption center and the cost allocation of these bags 
must conform to rules adopted by the department concerning size and gauge.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
10.  Application to containers originally sold in the State.  The obligations to 
accept or take empty beverage containers and to pay the refund value and handling fees 
for such containers as described in subsections 1, 2, 5, 7 and 8 apply only to containers 
originally sold in this State as filled beverage containers.  A person who tenders to a 
dealer, distributor, redemption center or bottler more than 48 empty beverage containers 
that the person knows or has reason to know were not originally sold in this State as filled 
beverage containers is subject to the enforcement action and civil penalties set forth in 
this subsection.  At each location where consumers tender containers for redemption, 
dealers and redemption centers must conspicuously display a sign in letters that are at 
least one inch in height with the following information:  "WARNING:  Persons tendering 
containers for redemption that were not originally purchased in this State may be subject 
to a fine of the greater of $100 per container or $25,000 for each tender.  (38 MRSA 
Section 3106)."  A person who violates the provisions of this subsection is subject to a 
civil penalty of the greater of $100 for each container or $25,000 for each tender of 
containers.
11.  License revocation.  The department may revoke the license of a dealer or 
redemption center that has been adjudged to have committed a violation of this section.
12.  Bulk redemption.  In order to prevent fraud from the redemption of beverage 
containers not originally sold in this State, this subsection governs the redemption of 
more than 2,500 beverage containers.
A.  A person tendering for redemption more than 2,500 beverage containers at one 
time to a dealer or redemption center must provide to the dealer or redemption center 
that person’s name and address and the license plate number of the vehicle used to 
transport the beverage containers. The dealer or redemption center redeeming these 
beverage containers shall forward that information to the department within 10 days, 
and the information must be kept on file for a minimum of 12 months.
B.  After complying at least once with the requirements of paragraph A, a person 
need not comply with paragraph A each subsequent time that person tenders to a 
dealer or redemption center for redemption more than 2,500 beverage containers if:
(1)  All of the containers were collected at one location in this State;
(2)  All proceeds of the refund value benefit a nonprofit organization that has 
been determined by the United States Internal Revenue Service to be exempt 
from taxation under the United States Internal Revenue Code of 1986, Section 
501(c)(3); and
(3)  The person tendering the containers for redemption signs a declaration 
indicating the person’s name, the address of the collection point and the name of 
the organization or organizations that will receive the refund value.
13.  Private right of action; containers not originally sold in the State.  An 
initiator of deposit may maintain a civil action in Superior Court against a person, other 
than a local redemption center licensed in accordance with section 3113, that tenders to a 
redemption center or retailer more than 48 empty beverage containers that the person 
knows or has reason to know were not originally sold in this State as filled beverage 
containers.  If the initiator of deposit prevails in any action, the initiator of deposit is 
entitled to an award of reasonable attorney's fees and court costs, including expert witness 
fees.
Sec. 8.  38 MRSA §3107, as enacted by PL 2015, c. 166, §14, is amended to read:
§3107.  Commingling of beverage containers
Notwithstanding any other provision of this chapter to the contrary, 2 or more 
initiators of deposit may enter into a commingling agreement through which some or all 
of the beverage containers for which the initiators have initiated deposits may be 
commingled by dealers and operators of redemption centers as provided in this section.  
No later than January 1, 2023, each initiator of deposit shall enter into a commingling 
agreement pursuant to this section.
An initiator of deposit that enters into a commingling agreement pursuant to this 
section shall permit any other initiator of deposit to become a party to that agreement on 
the same terms and conditions as the original agreement.  Once the initiator of deposit has 
established a qualified commingling agreement pursuant to the requirements of 
subsection 1-A, the department shall allow additional brands of beverage containers from 
a different product group to be included in the commingling agreement if those additional 
brands are of like material to those containers already managed under the commingling 
agreement.
For the purposes of this chapter and notwithstanding any provision of this chapter to 
the contrary, the State, through the Department of Administrative and Financial Services, 
Bureau of Alcoholic Beverages and Lottery Operations, is deemed to be managing 
returned containers for which the State has initiated deposits in a commingling program 
pursuant to a qualified commingling agreement as long as the State allows a dealer or 
redemption center to commingle returned containers of like material.
1.  Commingling requirement.  If initiators of deposit enter into a commingling 
agreement pursuant to this section, commingling of beverage containers must be by all 
containers of like product group, material and size. An initiator of deposit required 
pursuant to section 3106, subsection 8 to pick up beverage containers subject to a 
commingling agreement also shall pick up all other beverage containers subject to the 
same agreement.  The initiator of deposit may not require beverage containers that are 
subject to a commingling agreement to be sorted separately by a dealer or redemption 
center.
1-A.  Qualified commingling agreements.  The department shall determine that a 
commingling agreement is qualified for the purposes of this chapter if:
A.  Fifty percent or more of beverage containers of like product group, material and 
size for which the deposits are being initiated in the State are included in the 
commingling agreement;
B.  The initiators of deposit included in the commingling agreement are initiators of 
deposit for beverage containers containing wine and each initiator of deposit sells no 
more than 100,000 gallons of wine or 500,000 beverage containers containing wine 
in a calendar year; or
C.  The commingling agreement has been approved by the department pursuant to 
subsection 3-A.
2.  Commingling of like materials.  For purposes of this section, containers are 
considered to be of like materials if made up of one of the following:
A.  Plastic;
B.  Aluminum;
C.  Metal other than aluminum; and
D.  Glass.
3.  Commingling of like products.  For purposes of this section, like products are 
those that are made up of one of the following:
A.  Beer, ale or other beverage produced by fermenting malt, wine and wine coolers;
B.  Spirits;
C.  Soda;
D.  Noncarbonated water; and
E.  All other beverages.
3-A.  Commingling by 3rd party or stewardship organization.  Subject to the 
requirements of this subsection, an initiator of deposit may enter into a commingling 
agreement for its beverage containers to be managed in a commingling program operated 
by a 3rd party or by a stewardship organization as defined in section 1771, subsection 
8-A.  The 3rd party or stewardship organization shall submit a plan for the operation of 
the commingling program to the department for review and approval as a qualified 
commingling agreement.  A commingling program under this subsection must:
A.  Require redemption centers to commingle all beverage containers of initiators of 
deposit included in the program by like material;
B.  Establish standards to provide for fair apportionment of costs among initiators of 
deposit included in the program either on the basis of the count of containers 
redeemed or on the total weight of containers marketed in the State.  These standards 
may provide for determination of the amount to be paid to a redemption center as 
based on the unit counts generated by a reverse vending machine, as long as the 
reverse vending machine is subject to periodic audits by the 3rd party or stewardship 
organization on a schedule approved by the department; and
C.  Require that, no later than the 20th day of the month following the end of March, 
June, September and December, each initiator of deposit included in the program 
report to the 3rd party or stewardship organization operating the program regarding 
its sales of beverages into the State for the previous 3-month period by brand and by 
number of nonrefillable beverage containers sold by product size and material type as 
well as the average beverage container weight by material type and size.  The 3rd 
party or stewardship organization shall assign financial responsibility for the costs of 
operating the program to the initiators of deposit included in the program based on 
each initiator of deposit's proportion of the total weight of beverage containers 
marketed in the State by material type or by actual count of containers redeemed;
The 3rd party or stewardship organization operating the program may require an initiator 
of deposit included in the program to provide financial assurance in the form of a deposit 
no greater than the initiator of deposit's anticipated costs for beverage container deposits, 
redemption center handling costs and any contractual fees for up to 4 months of 
anticipated sales in the State.  The 3rd party or stewardship organization shall retain any 
financial assurance required pursuant to this subsection in a separate account.  In the 
event that an initiator of deposit that has provided financial assurance in accordance with 
this subsection fails to reimburse the 3rd party or stewardship organization for its 
incurred costs within 90 days of receipt of an invoice for such costs, the 3rd party or 
stewardship organization may cover those invoiced costs using the financial assurance 
provided by the initiator of deposit in accordance with this subsection.
The department may approve no more than 2 commingling agreements as qualified 
commingling agreements under this subsection and may not approve a qualified 
commingling agreement under this subsection for a period exceeding 10 years.
4.  Registration of commingling agreements.  Not later than 48 hours following the 
execution or amendment of a commingling agreement, including an amendment that adds 
an additional party to an existing agreement, the parties shall file a copy of the 
commingling agreement or amendment with the department.
5.  Reapproval of qualified commingling agreements.  This subsection provides for 
the reapproval of qualified commingling agreements that have been approved or 
reapproved by the department pursuant to this section.
A.  The initiators of deposit participating in a qualified commingling agreement under 
this section that was approved as a qualified commingling agreement prior to 
November 9, 2016 shall, no later than July 1, 2021, submit to the department an 
application for reapproval of that commingling agreement in a form prescribed by the 
department.
B.  The initiators of deposit participating in a qualified commingling agreement under 
this section that was approved or reapproved on or after November 9, 2016 must 
submit to the department an application for reapproval of that commingling 
agreement in a form prescribed by the department at least 6 months prior to the date 
of expiration of the department's prior approval or reapproval.
C.  After review of an application submitted under this subsection, the department 
may reapprove the commingling agreement for an additional period not to exceed 10 
years.
Sec. 9.  38 MRSA §3109, as enacted by PL 2015, c. 166, §14, is amended to read:
§3109.  Redemption centers
1.  Establishment.  Local redemption Redemption centers may be established and 
operated by any person or municipality, agency or regional association as defined in 
section 1303-C, subsection 24, subject to the approval of the commissioner, to serve local 
dealers and consumers, at which consumers may return empty beverage containers as 
provided under section 3106.
2.  Application for approval.  Application for approval of a local redemption center 
must be filed with the department. The application must state the name and address of the 
person responsible for the establishment and operation of the center, the kinds, sizes and 
brand names of beverage containers that will be accepted and the names and addresses of 
dealers to be served each dealer with whom the redemption center has entered into a 
written agreement to provide redemption services in accordance with section 3106, 
subsection 1 and their distances from the local redemption center, as measured along 
public roadways, and must include a statement that the redemption center will accept and 
manage all beverage containers the labels for which are registered in accordance with 
section 3105.
3.  Approval.  The commissioner may by order approve the licensing of a local 
redemption center if the redemption center complies with the requirements established 
under section 3113 and the applicable rules adopted pursuant to this chapter.  The order 
approving a local redemption center license must state the dealers to be served and the 
kinds, sizes and brand names of empty beverage containers that the center accepts.
4.  Redemption center acceptance refund account.  A local licensed redemption 
center may not refuse to accept from any consumer or other person not a dealer any 
empty, unbroken and reasonably clean beverage container of the kind, size and brand sold 
by a dealer served by the center in the State as long as the label for the container is 
registered under section 3105, subsection 5 or refuse to pay in cash the refund value of 
the returned beverage container as established by section 3103. A redemption center or 
reverse vending machine is not obligated to count containers or to pay a cash refund at 
the time the beverage container is returned as long as the amount of the refund value due 
is placed into an account to be held for the benefit of the consumer and funded in a 
manner that allows the consumer to obtain deposits due within 2 business days of the 
time of the return.
5.  Posted lists.  A list of the dealers served and the kinds, sizes and brand names of 
empty beverage containers accepted must be prominently displayed at each local 
redemption center.
5-A.  Beverage container handling.  A redemption center shall tender to pick-up 
agents only beverage containers sold in the State that are placed in shells, shipping 
cartons, bags or other containers in a manner that facilitates accurate eligible beverage 
container unit counts.
6.  License revocation.  The District Court department may, in a manner consistent 
with the Maine Administrative Procedure Act, withdraw approval of a local revoke the 
license of a redemption center if there the redemption center has not been compliance 
complied with the commissioner's approval order issued under subsection 3 or if the local 
redemption center no longer provides a convenient service to the public.
Sec. 10.  38 MRSA §3113, as enacted by PL 2015, c. 166, §14, is amended to 
read:
§3113.  Licensing requirements
A license issued annually by the department is required before any person may 
initiate deposits under section 3103, operate a redemption center under section 3109 or 
act as a contracted agent for the collection of beverage containers under section 3106, 
subsection 8, paragraph B.
1.  Procedures; licensing fees.  The department shall adopt rules establishing the 
requirements and procedures for issuance of licenses and annual renewals under this 
section, including a fee structure.  Initial rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.  Rules adopted 
effective after calendar year 2003 are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A and are subject to review by the joint standing committee of 
the Legislature having jurisdiction over environmental and natural resources matters.
2.  Redemption center licensing criteria.  In developing rules under subsection 1 for 
licensing redemption centers, the department shall consider at least the following:
A.  The health and safety of the public, including sanitation protection when food is 
also sold on the premises;
B.  The convenience for the public, including standards governing the distribution of 
centers by population or by distance, or both;
C.  The proximity of the proposed redemption center to existing redemption centers 
and the potential impact that the location of the proposed redemption center may have 
on an existing redemption center;
D.  The proposed owner's record of compliance with this chapter and rules adopted 
by the department pursuant to this chapter; and
E.  The hours of operation of the proposed redemption center and existing redemption 
centers in the proximity of the proposed redemption center.
3.  Location of redemption centers; population requirements.  The department 
may grant a license to a redemption center if the following requirements are met:
A.  The department may license up to 5 redemption centers in a municipality with a 
population over 30,000;
B.  The department may license up to 3 redemption centers in a municipality with a 
population over 20,000 but no more than 30,000; and
C.  The department may license up to 2 redemption centers in a municipality with a 
population over 5,000 but no more than 20,000.
For a municipality with a population of no more than 5,000, the department may license 
redemption centers in accordance with rules adopted by the department.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
4.  Exceptions.  Notwithstanding subsection 3:
A.  An owner of a redemption center who is renewing the license of a redemption 
center licensed by the department as of April 1, 2009 need not comply with 
subsection 3;
B.  An entity that is a food establishment or distributor licensed by or registered with 
the department need not comply with subsection 3;
C.  A reverse vending machine is not considered a redemption center for purposes of 
subsection 3 when it is located in a licensed redemption center; and
D.  The department may grant a license that is inconsistent with the requirements set 
out in subsection 3 only if the applicant has demonstrated a compelling public need 
for an additional redemption center in the municipality.
Sec. 11.  38 MRSA §3115, first ¶, as enacted by PL 2015, c. 166, §14, is 
amended to read:
The department shall administer this chapter and has the authority, following public 
hearing, to adopt necessary rules to carry it into effect.  The department may adopt rules 
governing local redemption centers that receive beverage containers from dealers 
supplied by distributors other than the distributors servicing the area in which the local 
redemption center is located in order to prevent the distributors servicing the area within 
which the redemption center is located from being unfairly penalized.  Rules adopted by 
the department pursuant to this chapter are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A, except that rules adopted by the department pursuant to this 
chapter that establish or modify fees are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A.  In addition to other actions required by this chapter, 
department responsibilities include the following.
Sec. 12.  38 MRSA §3116, sub-§2, as enacted by PL 2015, c. 166, §14, is 
amended to read:
2.  Aggrieved applicants.  An applicant aggrieved by a decision made by the 
department may appeal the decision to the board in accordance with section 344, 
subsection 2-A or by filing an appeal with the Superior Court and serving a copy of the 
appeal upon the department in accordance with the Maine Rules of Civil Procedure, Rule 
80C.  The appeal to the board or to the Superior Court must be filed and served within 30 
days of the mailing of the department's decision.
Sec. 13.  38 MRSA §3117, sub-§3, as enacted by PL 2015, c. 166, §14, is 
amended to read:
3.  Private right of action; containers not originally sold in the State.  An initiator 
of deposit may maintain a civil action in Superior Court against a person, other than a 
local redemption center licensed in accordance with section 3113, in possession of more 
than 48 beverage containers that the person knows or has reason to know were not 
originally sold in this State as filled beverage containers.  If the initiator of deposit 
prevails in any action, the initiator of deposit is entitled to an award of reasonable 
attorney's fees and court costs, including expert witness fees.
Sec. 14.  38 MRSA §3119 is enacted to read:
§3119.  Reporting requirements
This section establishes annual reporting requirements for initiators of deposit and for 
pick-up agents that are not initiators of deposit.
1.  Initiator of deposit annual report.  Each initiator of deposit shall report annually 
by March 1st to the department concerning its deposit transactions in the preceding 
calendar year.  The report must be in a form prescribed by the department and must 
include the number of nonrefillable beverage containers sold by the initiator of deposit in 
the State by container size, by beverage type and by redemption value, delineated at a 
minimum into wine, spirits and all other beverage types, and must include the number of 
nonrefillable beverage containers returned to the initiator of deposit by beverage type and 
by redemption value.
2.  Pick-up agent annual report.  Each pick-up agent that is not an initiator of 
deposit shall report annually by March 1st to the department concerning the redemptions 
for each initiator of deposit it served in the preceding calendar year.  The report must be 
in a form prescribed by the department and must include the number of nonrefillable 
containers returned by the pick-up agent to each initiator of deposit it served by 
redemption value, except that the pick-up agent may report by average weight and total 
weight of beverage containers returned by material type for containers managed pursuant 
to a qualified commingling agreement under section 3107.
3.  Proprietary information.  Proprietary information submitted to the department in 
a report required under this section that is identified by the submittor as proprietary 
information is confidential and must be handled by the department in the same manner as 
confidential information is handled under section 1310-B.
SUMMARY
This bill, which is reported out by the Joint Standing Committee on Environment and 
Natural Resources pursuant to Joint Order 2019, H.P. 883, implements the Department of 
Environmental Protection's recommendations regarding the State's container redemption 
laws as included in the department's annual report on the State's product stewardship 
programs.
This bill makes a number of changes to the State's container redemption laws 
including the following.
1.  It amends the laws to provide that a dealer of beverage containers with 5,000 or 
more square feet of retail space must accept beverage container returns unless the dealer 
has a written agreement with a redemption center located within 10 miles of the dealer, as 
measured along public roadways, to provide redemption services on the dealer's behalf.
2.  It establishes an annual license fee for redemption centers of $100.  The current 
annual license fee is $50.
3.  It clarifies the ability of the Department of Administrative and Financial Services, 
Bureau of Alcoholic Beverages and Lottery Operations to manage its returned containers 
as a qualified commingling program.
4.  It eliminates the special handling fee for small brewers and bottlers of water.
5.  It clarifies the obligation of initiators of deposit to recycle returned beverage 
containers that the initiator of deposit has picked up or that a 3rd party has picked up on 
the initiator of deposit's behalf.
6.  It clarifies the requirements for qualified commingling agreements under the law, 
provides for the creation of an additional commingling group to be operated by a 3rd 
party or stewardship organization and requires all initiators of deposit to enter into a 
commingling agreement by January 1, 2023.
7.  It clarifies licensing standards and other requirements for redemption centers.
8.  It clarifies the Department of Environmental Protection's rule-making and 
administrative authority under the law.
9.  It establishes annual reporting requirements for initiators of deposit and for pick-
up agents that are not initiators of deposit.
10.  It makes a number of terminology changes and other technical changes to the 
law.
The committee has not taken a position on the substance of the bill and by reporting 
this bill out, the committee is not suggesting and does not intend to suggest that it agrees 
or disagrees with any aspect of this bill.  The committee is reporting the bill out for the 
sole purpose of obtaining a printed bill that can be referred to the committee for a public 
hearing and subsequent committee action in the normal course.