An Act Regarding Plastic Pollution
Maine Legislature, Session 131, LD 0295
Committee Amendment CA_A_H825 (House)
Amends: 38 MRSA §2146

COMMITTEE AMENDMENT "A" to H.P. 193, L.D. 295, "An Act Regarding 
Plastic Pollution" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Incentivize Accurate Recyclability Labeling on Packaging Material' 
Amend the bill by striking out everything after the enacting clause and inse1iing the 
following: 
'Sec. 1. 38 MRSA §2146, sub-§13, ,!A, as enacted by PL 2021, c. 455, §2, is 
amended by amending subparagraph(!), division (c) to read: 
(c) For producers other than low-volume producers, the payment schedule 
adopted under this subparagraph must delineate criteria to be used to adjust 
producer payments in a manner that incentivizes+ the use of recycled content 
in and increased recyclability of packaging material, lower toxicity in 
packaging material, a reduction of the amount of packaging material used, a 
reduction of litter from packaging material, increased reuse of packaging 
material and labeling of packaging material to reduce consumer confusion 
including by incentivizing accuracy in recyclability claims displayed on 
packaging material and that creates other incentives consistent with generally 
accepted industry standards. 
Sec. 2. 38 MRSA §2146, sub-§13, ,rE, as enacted by PL 2021, c. 455, §2, is 
amended by enacting a new subparagraph (2-A) to read: 
(2-A) The report under this paragraph due February 15. 2028 must include: 
(a) 
Information regarding the criteria and standards adopted by other 
jurisdictions to regulate recyclability claims displayed on packaging material. 
including. but not limited to. the recyclability criteria and standards adopted 
by the California Department of Resources Recycling and Recoveiy pursuant 
to the California Public Resources Code, Division 30, Part 3, Chapter 5.7: and 
Page I· 131LR2336(02) 
COMMITTEE AMENDMENT 
?,-0$ 
COMMITTEE AMENDMENT "A "to H.P. 193, L.D. 295 
(b) An evaluation of options for further incentivizing or ensuring accuracy in 
recyclability claims displayed on packaging material through amendments to 
the producer payment schedule adopted pursuant to paragraph A, subparagraph 
(!), through amendments to the criteria and standards for determining 
recyclability adopted pursuant to paragraph A, subparagraph (2) or through 
other amendments to this section or the rules adopted pursuant to this section. 
This subparagraph applies only to the rep01t due February 15, 2028.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft, and changes the title. It 
amends the law establishing a stewardship program for packaging material to provide that 
the producer payment schedule adopted by the Department of Enviromnental Protection 
under that law must delineate criteria to be used to adjust producer payments in a manner 
that incentivizes labeling of packaging material to reduce consumer confusion including 
by incentivizing accuracy in recyclability claims displayed on packaging material. 
The amendment also provides that the annual rep01t regarding the packaging material 
stewardship program to be submitted by the department by February 15, 2028 to the joint 
standing committee of the Legislature having jurisdiction over envil'omnent and natural 
resources matters must include infotmation regarding the criteria and standards adopted by 
other jurisdictions to regulate recyclability claims displayed on packaging material and an 
evaluation of options for further incentivizing or ensuring accuracy in recyclability claims 
displayed on packaging material through amendments to the producer payment schedule, 
through amendments to the criteria and standards for recyclability or through other 
amendments to the law governing the stewardship program for packaging material or the 
rules adopted pursuant to that law. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/05/24 ;:!:!?ae 
LD 295 
LR 2336(02) 
An Act Regarding Plastic Pollution 
Fiscal Note for Bill as Amended by Committee Amendment ''/f..,' ( 14: ~ 8 2s-) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other. Special Revenue Funds 
Fiscal Detail and Noles 
\ 
Any additional costs to the Department of Environmental Protection from the provisions of this bill are expected to be 
minor and can be absorbed within existing budgeted resources. 
LR2336(02) - Fiscal Note - Page l of l