An Act Regarding Responsibility for Activities Intended to Increase the Use of Refillable and Reusable Beverage Containers
Maine Legislature, Session 131, LD 2134
Committee: Environment and Natural Resources
Sponsors: HEPLER, BRIDGEO, CAMPBELL, DOUDERA, CARNEY
Amends: 38 MRSA §3107, 38 MRSA §3108-A, 38 MRSA §3114-A, 38 MRSA §3115

Legislative Document
No. 2134
H.P. 1358
House of Representatives, January 3, 2024
An Act Regarding Responsibility for Activities Intended to Increase 
the Use of Refillable and Reusable Beverage Containers
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative HEPLER of Woolwich.
Cosponsored by Representatives: BRIDGEO of Augusta, CAMPBELL of Orrington, 
DOUDERA of Camden, Senator: CARNEY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §3107, sub-§3-B, ¶F-1 is enacted to read:
F-1.  The cooperative shall complete a study by July 15, 2026 to determine the 
feasibility of achieving goals of 5% refillable and reusable beverage containers sold in 
the State by 2030, by 2040 and by 2050 and 10% refillable and reusable beverage 
containers sold in the State by 2030, by 2040 and by 2050 and to determine the 
infrastructure and investments that would be necessary to support those goals and shall 
provide the results of the study, along with any related recommendations, to the 
department.  After reviewing the results of the study and any recommendations of the 
cooperative, the department shall include the results of the study, along with any 
additional comments or recommendations from the department, in the report required 
by section 3115, subsection 3 that is due by February 15, 2027.
Sec. 2.  38 MRSA §3108-A, sub-§2, ¶B, as enacted by PL 2023, c. 482, §28 and 
affected by §43, is amended by amending subparagraph (4) to read:
(4)  Reimbursement to dealers and redemption centers of the costs of plastic bags 
pursuant to section 3106, subsection 9; and
Sec. 3.  38 MRSA §3108-A, sub-§2, ¶B, as enacted by PL 2023, c. 482, §28 and 
affected by §43, is amended by enacting a new subparagraph (4-A) to read:
(4-A)  Funding of activities designed to increase the use of refillable and reusable 
beverage containers in the State.  The cooperative shall make available a minimum 
of $500,000 per calendar year for these activities, which may include, but are not 
limited to:
(a) Activities relating to the development and implementation of models for 
refillable beverage container washing techniques, including, but not limited to, 
mobile washing stations, in-house washing stations and the establishment of a 
fixed washing facility in the State;
(b) Development of or other activities relating to container, adhesive and label 
options for refillable beverage containers; and
(c) Outreach to manufacturers, retailers, restaurants and consumers regarding 
the benefits of refillable beverage containers and the methods available for 
ensuring such containers may be safely reused; and
Sec. 4.  38 MRSA §3108-A, sub-§2, ¶B, as enacted by PL 2023, c. 482, §28 and 
affected by §43, is amended by amending subparagraph (5) to read:
(5)  Payment of $1,000,000 $500,000 annually to the department for deposit into 
and use in accordance with the Cost and Carbon Efficient Technology Fund 
established in section 3114‑A.
The cooperative shall include in its annual report required under section 3107, 
subsection 3‑B, paragraph E any recommendations for a reduction in or other 
amendment to the payment required under this subparagraph that the cooperative 
believes necessary due to a reduction in the amount of unclaimed deposits available 
for expenditure in accordance with paragraph C, a surplus of undistributed funding 
within the Cost and Carbon Efficient Technology Fund established in section 
3114‑A or for other reasons specified by the cooperative.
Sec. 5.  38 MRSA §3114-A, sub-§3, as enacted by PL 2023, c. 482, §37, is amended 
to read:
3.  Application of fund.  Money in the fund must be used by the department to provide 
grants to persons to lease or purchase technology designed to improve operational 
efficiency and reduce greenhouse gas emissions from trucking or to support activities 
designed to increase the use of reusable and refillable beverage containers and other 
reusable and refillable packaging in the State.
A.  The lease or purchase of technology designed to improve operational efficiency 
and reduce greenhouse gas emissions from trucking using a grant from the fund is 
limited to automated beverage container counting, compacting and sorting systems 
capable of validating the count of beverage containers processed and compacting and 
sorting processed containers in preparation for pickup, including, but not limited to, 
reverse vending machines as well as activities associated with the installation of that 
technology, including, but not limited to, electrical system upgrades, building or 
infrastructure modifications and Internet connection to a central system administrator 
as necessary.
B.  Activities designed to increase the use of reusable and refillable beverage containers 
and other reusable and refillable packaging in the State using a grant from the fund are 
limited to:
(1)  Activities relating to the development and implementation of, including the 
purchase of necessary materials and supplies for, pilot projects to determine 
options for financially viable models for refillable beverage container washing 
techniques, including, but not limited to, mobile washing stations, shipment of 
containers to washing facilities outside the State, in-house washing stations and 
establishment of a fixed washing facility in the State;
(2)  Development of or other activities relating to container, adhesive and label 
options for refillable beverage containers capable of being used by manufacturers 
of different types of beverages; and
(3)  Outreach and education activities for manufacturers, retailers, restaurants and 
consumers regarding the financial and environmental benefits of refillable 
beverage containers and regarding the processes and methods available for 
ensuring such containers may be safely reused.
C.  Notwithstanding any provision of this section to the contrary, using money from 
the fund, the department shall contract with a 3rd-party entity to complete a study by 
July 15, 2026 regarding the feasibility of achieving goals of 5% reusable, refillable 
beverage containers marketed in the State and 10% reusable, refillable beverage 
containers marketed in the State and to determine the infrastructure and investments 
that would be necessary to support those goals.  The department shall include the results 
of the feasibility study, along with any additional comments or recommendations from 
the department, in the report required by section 3115, subsection 3 that is due February 
15, 2027.
D.  Notwithstanding any provision of this section to the contrary, using money from 
the fund, the department shall provide reimbursement of beverage container costs or 
other financial losses to eligible distributors in accordance with section 3106, 
subsection 5‑A, paragraph D.
This paragraph is repealed January 1, 2026.
E.  A grant issued by the department from the fund must cover at least 25% of the 
anticipated cost of the technology leased or purchased or activities supported as 
identified in the grant application.
F.  The department shall administer the fund and, after consultation with the 
cooperative and its advisory group established pursuant to section 3107, subsection 
3‑B, paragraph A, shall establish the application process and procedures for issuance 
of grants from the fund.  The department shall consult with the cooperative and its 
advisory group in reviewing and approving grant applications submitted under this 
section.
Sec. 6.  38 MRSA §3115, sub-§3, ¶B, as enacted by PL 2023, c. 482, §39, is 
amended by amending subparagraph (2) to read:
(2)  Information regarding the status of the Cost and Carbon Efficient Technology 
Fund under section 3114‑A, including, but not limited to, information regarding 
the number and amount of grants issued under that fund, information on the 
recipients of those grants and the technology or activities that those grants were 
used to support.
Sec. 7.  Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 38, section 3108-A, subsection 2, paragraph B, subparagraphs (4) and (5) 
and that enact Title 38, section 3108-A, subsection 2, paragraph B, subparagraph (4-A) take 
effect October 15, 2024.
SUMMARY
This bill amends the beverage container redemption laws by transferring from the 
Department of Environmental Protection to the commingling cooperative established 
pursuant to the Maine Revised Statutes, Title 38, section 3107, subsection 3-B the 
responsibility for management of the expenditure of unclaimed beverage container deposit 
funds to support activities designed to increase the use of refillable and reusable beverage 
containers in the State.  It reduces by $500,000 per year the amount of unclaimed deposit 
funds the commingling cooperative is required to provide to the department for deposit into 
the department's Cost and Carbon Efficient Technology Fund and instead requires the 
cooperative to make available a minimum of $500,000 per year to fund activities relating 
to increasing the use of refillable and reusable beverage containers in the State.  The bill 
makes other changes to the beverage container redemption laws relating to this transfer of 
responsibility.