An Act To Establish and Promote a System of Safe Disposal of Expired Marine Flares
Maine Legislature, Session 130, LD 0514
Committee: Criminal Justice and Public Safety
Sponsors: McCREIGHT, VITELLI, MATLACK, PICKETT, RECKITT, TUELL, WARREN

Legislative Document
No. 514
H.P. 377
House of Representatives, February 19, 2021
An Act To Establish and Promote a System of Safe Disposal of 
Expired Marine Flares
Received by the Clerk of the House on February 17, 2021.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator VITELLI of Sagadahoc and
Representatives: MATLACK of St. George, McDONALD of Stonington, PICKETT of 
Dixfield, RECKITT of South Portland, TUELL of East Machias, WARREN of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA c. 318-A is enacted to read:
CHAPTER 318-A
EXPIRED MARINE FLARES
§2491.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Commissioner.  "Commissioner" means the Commissioner of Public Safety or the 
commissioner's designee.
2.  Expired.  "Expired" means, with regard to a marine flare, beyond the manufacturer-
designated period of recommended use.
3.  Fire inspector.  "Fire inspector" means a person designated by the commissioner 
to collect expired marine flares.
4.  Marine flare.  "Marine flare" means a device designed to produce a bright flame 
for use as a signal or marker on the inland or coastal waters of the State or at sea.
§2492.  Collection program
The commissioner shall establish and oversee a program for the convenient and safe 
collection of expired marine flares pursuant to this section.
1.  Site collection.  The commissioner shall coordinate the following site collection 
operations.
A.  The commissioner shall, in coordination with a statewide association of fire chiefs, 
identify fire departments in the State that have the capacity and willingness to accept 
expired marine flares from members of the public.  A participating fire department may 
choose to designate the geographic area from which the fire department will accept 
expired marine flares.  A participating fire department and the commissioner shall 
coordinate for timely pickup of the collected expired marine flares.
B.  The commissioner shall coordinate with sponsors of annual community events that 
choose to include expired marine flare collection as part of their events.
C.  The commissioner shall coordinate with marinas, municipalities and groups that 
organize events at which the public is invited to drop off expired marine flares for 
timely collection.
2.  Short-term storage.  The commissioner shall provide guidance for short-term 
storage to persons collecting expired marine flares under subsection 1 if the commissioner 
determines that safety equipment or special procedures are required.
3.  Direct collection.  The commissioner shall designate fire inspectors to collect 
expired marine flares in a timely way from individuals who fish commercially and 
recreational boaters in the State who contact the Department of Public Safety to notify the 
department of expired marine flares in need of disposal.
§2493.  Disposal program
The commissioner shall establish a program for the safe, nonpolluting disposal of all 
types of expired marine flares pursuant to this section.
1.  Short-term storage.  Expired marine flares collected pursuant to section 2492 that 
require short-term storage must be stored according to standards established by the 
Department of Public Safety.  
2.  Sorting.  Expired marine flares collected pursuant to section 2492 must be sorted 
by type for proper incineration.
3.  Incineration.  Expired marine flares sorted pursuant to subsection 2 must be 
incinerated at temperatures that are compliant with Department of Environmental 
Protection standards for preventing air pollution.
4.  Recycling.  To the extent practicable, material from incinerated expired marine 
flares must be recycled.
§2494.  Education program
The commissioner shall establish an education program for the public and state 
agencies regarding expired marine flares pursuant to this section.
1.  Education campaign.  The Department of Public Safety shall engage in an 
education campaign to inform the public and personnel of the Department of Public Safety, 
the Department of Agriculture, Conservation and Forestry, the Department of Inland 
Fisheries and Wildlife, the Department of Environmental Protection and the Department of 
Marine Resources and other potentially interested entities about the expired marine flare 
collection and disposal programs under this chapter, the dangers expired marine flares pose 
to public health and the dangers expired marine flares that are improperly disposed of pose 
to the environment and to the safety of persons and property.
2.  Department websites.  The Department of Public Safety shall maintain a publicly 
accessible website supporting the education campaign under subsection 1 and serving as 
an information resource regarding expired marine flares and their proper disposal pursuant 
to this chapter.  The Department of Public Safety, the Department of Agriculture, 
Conservation and Forestry, the Department of Inland Fisheries and Wildlife, the 
Department of Environmental Protection and the Department of Marine Resources shall 
coordinate to update their publications and publicly accessible websites that are suited for 
the purpose with information regarding the collection and disposal of expired marine flares 
pursuant to this chapter.
3.  Printed materials.  Materials published by a state agency and intended for those 
who fish commercially or for recreational boaters must, in printings that occur on or after 
the effective date of this subsection, include information about environmental and safety 
concerns related to improper disposal and storage of expired marine flares.  The expired 
marine flare collection and disposal programs established pursuant to this chapter must be 
described in these print materials, including contact information for the Department of 
Public Safety's expired marine flare collection and disposal programs.
4.  State agency notification.  The commissioner shall notify other state agencies or 
entities as the commissioner determines appropriate about the expired marine flare 
collection and disposal programs under this chapter.
Sec. 2.  36 MRSA c. 727 is enacted to read:
CHAPTER 727
MARINE FLARE DISPOSAL FEE
§5011.  Marine flare disposal fee imposed
A fee is imposed on the retail sale in this State of marine flares in the amount of 25¢ 
per flare for the purpose of offsetting the cost to the General Fund of paying for the marine 
flare disposal, education and collection programs pursuant to Title 25, chapter 318-A.
1.  Marine flare.  As used in this chapter, unless the context otherwise indicates, 
"marine flare" means a device designed to produce a bright flame for use as a signal or 
marker on the inland or coastal waters of this State or at sea.
2.  Exemption.  Transactions that, under the laws of this State, are not subject to 
taxation in accordance with Part 3 are exempt from the fee imposed by this section.
3.  Administration.  The fee imposed by this section is administered as provided in 
chapter 7 and Part 3, with the fee imposed pursuant to this chapter to be considered as 
imposed under Part 3.  The revenue derived from the fee imposed by this chapter must be 
deposited in the General Fund.
4.  Effective date.  This chapter takes effect January 1, 2022.
SUMMARY
This bill establishes within the Department of Public Safety programs for the collection 
and disposal of expired marine flares and for education of the public and state agency 
personnel regarding expired marine flares.  It establishes a marine flare disposal fee to 
offset the costs.