An Act to Direct a
Maine Legislature, Session 132, LD 2141
Committee Amendment CA_A_S613 (Senate)
Amends: 38 MRSA §3108-A, 38 MRSA §3115, 38 MRSA §3119

COMMITTEE AMENDMENT "fl » to S.P. 859, L.D. 2141, "An Act to Direct a
Portion of Unclaimed Beverage Container Deposits to the Lake Water Quality Restoration
and Protection Fund, the Maine Working Farmland Access and Protection Program and
Public Defender Office Staffing"
Amend the bill by striking out the title and substituting the following:
'An Act to Further Direct the Use of Unclaimed Beverage Container Deposits and to
IVIake Other Changes to the Beverage Container Redemption Laws'
Amend the bill by striking out everything after the enacting clause and inserting the
following;
'See. 1. 38 MRSA §3108-A, sub-§2, ^B, as amended by PL 2023, c. 529, §§2 to
4 and affected by §7, is further amended to read:
B. The cooperative shall expend unclaimed deposit amounts for the following
purposes:
(1) Payment of the annual fee to the department as provided in section 3107,
subsection 3-B, paragraph G;
(2) Reasonable costs of administering the program under section 3107, subsection
3-B, including, but not limited to» staffing costs and office operating costs;
(3) Costs of educational materials and signage provided to dealers and redemption
centers regarding redemption instructions and other information, including
information regarding the fraudulent redemption of beverage containers in
accordance with section 3 106, subsection 10;
(4) Reimbursement to dealers and redemption centers of the costs of plastic bags
pursuant to section 3106, subsection 9;
(4-A) Funding of activities and infrastructure designed to increase the use of
refillable and reusable beverage containers and reusable beverage packaging in the
State. The cooperative may expend funds under this subpacagraph to support
COMMITTEE AMENDMENT
Qc>
COMMITTEE AMENDMENT " j\ " to S,P. 859, L.D. 2141 ( S' (j^|'
activities and infrastructure designed to increase the use of other types of reusable
packaging in tlie 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 and infrastructure 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; wsd
(5) Payment of $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-ATi
The cooperative shall include in its annual report t'equired under seetion 3107,
subsection 3 B, paragraph E any recommondations for a reduction in or other
amendment to tlie paymont-required under this subpnragmph- that the cooperative
believes necesisary due to a reduction in tho amount of unclaimed deposits available
for expenditurewaocordance with paragraph-G, a sm'pius ofundistributed-fundmg
within the Cost and Carbon Efficient Technology Fund ostablished4n seoticm
3114-A or for other reasons specified by the cooperative?
(6) Except as otherwise provided in this paraeraoh. beeinnine October 1. 2026.
payment of $2.000.000 annually to the department for deposit into and use in
accordance with the Lake Water Quality Restoration and Protection Fund under
section 480-N; and
(7) Except as otherwise provided in this paraeraph. beginning October 1. 2026.
t)aymenti>f $2,000,000 annually to the Department of Agriculture. Conservation
and Forestry for deposit into and use in accordance with the Maine Working
Farmland Access and Protection Program under Title 7. section 164,
If the total amount of expenditures feauired to be made under this paraeraph in any
calendar year exceeds the total amount of unclaimed deposits that are available for
expenditure under this paragraph m that same calendar year, the cooperative may
reduce the amount of the expenditures required under subparaeraphs (6) and (7) by the
amount of that excess.
The cooperative shall include in its annual report required under section 3107.
subsection 3-B, paraeraph E any recommendations for a reduction in or other
amendment to the amount oftlie payments required under subparaei'aphs (5) to f7) that
the cooperative believes necessary due to a reduction in the amount of unclaimed
deposits available for expenditure in accordance with paragraph C; due to a surplus of
undistributedjundmg_within the ^ and Carbon Efficient Technoloev Fund under
section 311 4-A. the Lake Water Quality Restoration and Protection Fund under section
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT " f\" to S,P. 859, L,D, 2141 fe(fll^)
480-N or the Maine Working Farmland Access and Protection Proeram under Title 7.
section 164: or for other reasons specified by the coooerative.
Sec. 2. 38 MRSA §3108-A, sub-§2, ^E is enacted to read:
E. Notwithstanding paragraph D or any other provision of this section to the contrary.
unclaimed deposits for nonrefillable beverage containers that are subject to the
requirements of this chapter and that are managed by the Department of Administrative
and Financial Services. Bureau of Alcoholic Beverages and Lottery Ooerations are the
property of the bureau and are not subject to the requirements of this section or the
rules adopted pursuant to this section. The bureau shall determine the disposition and
use of those unclai rned deposits,
This paraaraph does not relieve the bureau from resoonsibility fbr its^aDDortioned share
of the costs incurred by the cooperative in managing the single commingtmg program
as determined pursuant to section 3107, subsection 3-B. paraeraph B, suboaragraDh
(2),
See. 3. 38 MRSA §3115, sub"§3, ^[C, as enacted by PL 2023, c. 482, §39, is
repealed and the following enacted in its place:
C, In addition to the requirements of paraaraph B. for the report required by this
subsection that is due February 15. 2027. and for _each subsequent reDort, the
department shall, at a minimuin. include information annually reported by the
cooperative pursuant to section 3107. subsection 3-B. paragfaph E. inoludine. but not
limited to:
d) Information reeardme tlie rates of redemption for beverage containers and the
calculated overall statewide redemption rate; and
(2) Any recommendations made by the cooperative, along with t^<^
assessment of those recommendations. reeardine a reduction in or other
amendment to the payments required under section 3108-A. subsection 2.
paragraph B. subparaeraphs (5) to (T) that the cooperative believes necessary due
to a reduction in the amount of unclaimed deposits available for expenditure to
offseLBrQfiram costs or for other specified reasons.
Sec. 4. 38 MRSA §3119, sub-§l, as amended by PL 2025,c.241,§18, is further
amended by enacting at the end a new first blocked paragraph to read;
An initiator of deposit that fails to report annually to the department in accordance with the
3 requirements of this subsection commits a violation of this chapter, is subject to penalties
under section 3111 and. as lone as the violation exists, is prohibited from selling or
5 distnbutme in the State any beveraee containef subject to the reauireinents of_!this chaDter.
6 A distributor or dealer may not sell or distribute in the State any such containers of the
initiator. and the department may remove from sale any such containers of the initiator.
Sec. 5. Appropriations and allocations. The following appropriations and
allocations are made.
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
Maine Working Farmland Access and Protection Fund Z313
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " i\.n to S.P. 859, L.D. 2141 I'b"'
"^"toS.P.!
Initiative; Provides allocations to allow for the expenditure of funds received pursuant to
the Maine Revised Statutes, Title 38, section 3108-A, subsection 2, paragraph B,
subparagraph (7),
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
All Other $0 $2,000,000
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $2,000,000
AGRICULTURE, CONSERVATION AND
FORESTRY, DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
OTHER SPECIAL REVENUE FUNDS $0 $2,000,000
DEPARTMENT TOTAL-ALL FUNDS $0 $2,000,000
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Lake Water Quality Restoration and Protection Fund Z385
Initiative: Provides allocations to allow for the expenditure of funds received pursuant to
the Maine Revised Statutes, Title 38, section 3108-A, subsection 2, paragraph B,
subparagraph (6).
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
All Other ' $0 $1,572,965
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $1,572,965
Lake Water Quality Restoration and Protection Fund Z385
Initiative: Provides allocations for one Environmental Specialist IV position, one Biologist
I position and 2 Environmental Specialist HI positions and All Other funding for associated
position costs.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
POSITIONS - LEGISLATIVE COUNT 0.000 4.000
Personal Services $0 $335,073
AHOther $0 $91,962
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $427,035
ENVIRONMENTAL PROTECTION,
DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
OTHER SPECIAL REVENUE FUNDS $0 $2,000,000
DEPARTMENT TOTAL - ALL FUNDS $0 $2,000,000
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT " /J " to S.P. 859, L,D. 214 I [^- (
SECTION TOTALS 2025-26 2026-27
OTHER SPECIAL REVENUE FUNDS $0 $4,000,000
SECTION TOTAL-ALL FUNDS $0 $4,000,000
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
Tliis amendment, which is the majority report of the committee, changes the title of
and replaces tlie bill and makes the following changes to the beverage container redemption
laws.
1. Like the bill, it directs a portion of unclaimed beverage container deposits toward
investment in the Lake Water Quality Restoration and Protection Fund and the Maine
Working Farmland Access and Protection Program beginning October 1, 2026. The
amendment does not include the provision in the bill directing a portion of unclaimed
beverage container deposits toward the Maine Commission on Public Defense Services to
support regional public defender office staffing.
2. It further amends the provisions of law regulating unclaimed beverage container
deposits to provide that if the total amount of unclaimed deposit expenditures required by
law to be made in any calendar year exceeds the total amount of unclaimed deposits that
are available for expenditure in that same calendar year, the cooperative may reduce the
amount of the expenditures required to be directed to the Lake Water Quality Restoration
and Protection Fund and the Maine Working Farmland Access and Protection Program by
the amount of that excess.
3. It clarifies under the provisions of law regulating unclaimed beverage container
deposits that unclaimed deposits for beverage containers managed by tile Department of
Administrative and Financial Services, Bureau of Alcoholic Beverages and Lotteiy
Operations are the property of the bureau and are not subject to the requirements of the law
concerning unclaimed deposits and that the disposition and use of those deposits are to be
determined by the bureau, The amendment stipulates that the bureau remains responsible
for its apportioned share of the costs incurred by the commingling cooperative in managing
the single commingling program as determined pursuant to the approved program plan.
4, It amends the provision of law requiring annual reporting by initiators of deposit
regarding deposit transactions to provide that an initiator that fails to submit that annual
report to the department commits a violation of the beverage container redemption laws, is
subject to applicable penalties under those laws and, as long as the violation exists, is
prohibited from selling or distributing in the State any beverage container subject to the
requirements of the beverage container redemption laws. A distributor or dealer may not
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " 1\-" to S.P. 859, L,D. 2141 i S' ^
sell or distribute in the State any such containers oftlie initiator, and the department may
remove from sale any such containers of the initiator.
FISCAL NOTE REQUIRED
(See attached)
Page6-132LR28S4(02)
COMMITTEE AMENDMENT
Revised: 03/30/26 t^KL
LD 2141 LR 2854(02)
An Act to Direct a Portion of Unclaimed Beverage Container Deposits to the Lake Water Quality
Restoration and Protection Fund, the Maine Working Farmland Access and Protection Program and
Public Defender Office Staffing
Fiscal Note for Bill as Amended by Committee Amendment "^' (€Y\o^t?i
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
Current bienuium impact" Highway Fund
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Approprintions/AIIocittions
Other Special Revenue Funds $0 $4,000,000 $4,000,000 $4,000,000
xicvenue
Other Special Revenue Funds $0 $4,000,000 $4,000,000 $4,000,000
Fiscal Detail and Notes
This bill includes ongoing Other Special Revenue Funds allocations of $427,035 to the Department of Environmental
Protection (DEP) for 2 Environmental Specialist positions, one Environmental Specialist TV position, one Biologist I
position and associated costs.
The bill directs that $4,000,000 of unclaimed beverage container deposits retained by the commingling cooperative be
returned to the State and distributed as follows; $2,000,000 to the Lake Water Quality Restoration and Protection
Fund within the DEP and $2,000,000 to the Maine Working Farmland Access and Protection Program within the
Department of Agriculture, Conservation and Foreshy. The bill includes accompanying allocations to authorize
expenditure of these Amds. The bill also provides that, if expenditures related to unclaimed deposits exceed available
resources, payments to the two funds may be reduced,
The bill provides that unclaimed deposits for beverage containers managed by the Bureau ofAlcoliolic Beverages and
Lotteiy Operations (BABLO) are retained by the bureau, This change would affect revenues within the spirits
contract. In addition, BABLO's participation in comnitngling activities, required under other provisions of law and
whose fiscal interaction is affected by the changes in this bill, is expected to affect operating costs associated with the
contract. Under current law, distributions to the General Fund and Highway Fund are based on the net results of
operations under the spirits contract. Because both revenues and expenditures within the contract would be affected by
the changes in this bill, and the relative magnihide of those changes cannot be determined, the net effect on contract
proceeds cannot be quantified.
LR2854(02) - Fiscal Note - Page 1 of 1