An Act Concerning Single-use Disposable Water Bottles and Water Refill Stations
Maine Legislature, Session 131, LD 1418
Committee: Environment and Natural Resources
Sponsors: GRAMLICH, BENNETT, DOUDERA, GEIGER, JAUCH, LOOKNER, SAYRE, TALBOT ROSS, WARREN, INGWERSEN
Amends: 38 MRSA §1617

Legislative Document
No. 1418
H.P. 914
House of Representatives, March 30, 2023
An Act Concerning Single-use Disposable Water Bottles and Water 
Refill Stations
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator BENNETT of Oxford and
Representatives: DOUDERA of Camden, GEIGER of Rockland, JAUCH of Topsham, 
LOOKNER of Portland, SAYRE of Kennebunk, Speaker TALBOT ROSS of Portland, 
WARREN of Scarborough, Senator: INGWERSEN of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1617 is enacted to read:
§1617.  Sale and purchase of water in single-use containers; water refill stations
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Beverage container" means a bottle, can, jar, package or other container made of 
glass, metal, plastic or other material that has been sealed by a beverage manufacturer 
and at the time of sale contains one liter or less of a beverage.
B. "Consumer" means an individual who purchases or accepts food or beverages for 
use or consumption.
C. "Food service" means an individual, sole proprietorship, partnership, association, 
corporation or agency of the State or a political subdivision of the State that sells, offers 
to sell, engages in the sale of or engages in the provision of food or beverages to 
consumers.
D. "Political subdivision" has the same meaning as in Title 14, section 8102, subsection 
3.
E. "Retail establishment" has the same meaning as in section 1611, subsection 1, 
paragraph F.
F. "Single-use beverage container" means a beverage container that, after being used 
by a consumer, is not designed by the beverage container manufacturer to be reused as 
a beverage container.
G. "State" has the same meaning as in Title 14, section 8102, subsection 4.
H. "Water refill station" means a publicly accessible machine, device, structure or 
container that is designed to supply uncarbonated, unflavored drinking water in a 
manner that allows a user to consume the water from the machine, device, structure or 
container or to fill a beverage container with the water.  "Water refill station" includes, 
but is not limited to, a water fountain, a water cooler and a water dispenser.
2. Sales and purchasing prohibitions; state and political subdivisions. Beginning 
January 1, 2024:
A.  A food service providing or serving individual portions of food or a beverage at a 
facility or function of the State or of a political subdivision may not sell, offer for sale 
or provide to a consumer uncarbonated, unflavored drinking water in a single-use 
beverage container; and
B.  An agency, department, board, commission or institution of the State or of a 
political subdivision may not purchase uncarbonated, unflavored drinking water in 
single-use beverage containers.
The prohibitions in this subsection do not apply during an event for which a Governor's 
state of emergency proclamation has been issued pursuant to Title 37-B, section 742.
3. Water refill stations; state and political subdivisions.  Beginning January 1, 2024, 
each facility or function of the State or of a political subdivision that is open to the public 
or that is regularly used by employees of the State or of a political subdivision must include 
a reasonably accessible water refill station.
4. Water refill stations; retail establishments.  This subsection governs water refill 
stations at retail establishments.
A.  Beginning January 1, 2024, a retail establishment that makes available to the public 
free of charge a water refill station within the retail establishment must post in a 
prominent and easily visible location near the water refill station and near any location 
in the store where uncarbonated, unflavored drinking water in single-use beverage 
containers are offered or displayed for sale a sign that describes the location of the 
water refill station and notifies consumers that they may consume water or refill a 
beverage container with water free of charge at the water refill station.
B. Beginning January 1, 2027, a retail establishment that sells or offers for sale 
uncarbonated, unflavored drinking water in single-use beverage containers must make 
available to the public free of charge a reasonably accessible water refill station within 
the retail establishment and post the notices required under paragraph A.
C. The department shall engage in education and outreach activities with retail 
establishments regarding the requirements of this subsection and shall investigate any 
complaints received regarding noncompliance by a retail establishment with the 
requirements of this subsection.
SUMMARY
This bill enacts the following measures concerning single-use disposable water bottles.
1. It provides that, beginning January 1, 2024, a food service providing or serving 
individual portions of food or a beverage at a facility or function of the State or of a political 
subdivision may not sell, offer for sale or provide to a consumer uncarbonated, unflavored 
drinking water in a single-use beverage container containing one liter or less of water.
2. It provides that, beginning January 1, 2024, an agency, department, board, 
commission or institution of the State or of a political subdivision may not purchase 
uncarbonated, unflavored drinking water in single-use beverage containers containing one 
liter or less of water.
3. It provides that, beginning January 1, 2024, each facility or function of the State or 
of a political subdivision that is open to the public or that is regularly used by employees 
of the State or of a political subdivision must include a reasonably accessible water refill 
station.
4.  It provides that, beginning January 1, 2024, a retail establishment that makes 
available to the public free of charge a water refill station within the retail establishment 
must post signs within the store describing the location of the refill station and notifying 
consumers that they may consume water or refill a beverage container with water free of 
charge at the refill station.
5. It provides that, beginning January 1, 2027, a retail establishment that sells or offers 
for sale uncarbonated, unflavored drinking water in single-use beverage containers 
containing one liter or less of water must make available to the public free of charge a 
reasonably accessible water refill station within the retail establishment and post signs 
within the store describing the location of the refill station and notifying consumers that 
they may consume water or refill a beverage container with water free of charge at the refill 
station.
6. It provides that the Department of Environmental Protection must engage in 
education and outreach activities with retail establishments regarding the water refill station 
requirements and must investigate any complaints received regarding noncompliance by a 
retail establishment with those requirements.