An Act to Delay
Maine Legislature, Session 132, LD 1564
Committee Amendment CA_A_H415 (House)
Amends: 38 MRSA §3105, 38 MRSA §3106, 38 MRSA §3107, 38 MRSA §3108-A, 38 MRSA §3113, 38 MRSA §3114, 38 MRSA §3115, 38 MRSA §3119

COMMITTEE AMENDMENT l?r:· to H.P. 1022, L,D, 1564, "An Act to Delay 
Implementation of Recent Changes to Maine's Bevernge Container Redemption Law" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Delay Implementation of Certain Recent Changes to the Beverage 
Container Redemption Law and to Make Other Necessary Changes to That La·w' 
Amei1d the bill in the emergency preamble by striking out all of the 2nd paragraph 
(page 1, lines 3 to 5 in L.D.) and insetting the following: 
• 
'Whereas, this legislation must take effect before the expiration or'the 90-day period 
so that certain changes to the laws governing manufacturers, distributors and dealers. of 
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beverage containers enacted by Public Law 2023, chapter 482 are clarified prior to the 
implementation date of those changes; and' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and insetting the following: 
'Sec. 1. 38 MRSA §3105, sub-§5, as amended by PL 2023, c. 482, § 12, is further 
amended to read: 
5. Label registration, An initiator of deposit shall register the container label of any 
beverage offered for sale in the State on which it initiates a deposit. Registration must be 
on fo11ns or in an electronic format provided by the depaitment prior to July 15, ~ 
2026 
and by the cooperative beginning July 15, ~ 
2026 and must include the universal 
product code for each combination of beverage and container manufactured. The initiator 
of deposit shall renew a label registration annually and whenever that label is revised by 
altering the universal product code or whenever the container on which it appears is 
changed in size, composition or glass color, The initiator of deposit shall also include as 
pa1t of the registration identification of a collection agent, identification of all of the pa1ties 
to a commingling agreement that applies to the container and proof of the collection 
agreement. 
Page I - l32LR2018(02) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"A" to H.P. 1022, L.D. 1564 
A. Prior to July 15, 2-0U 2026, the depa1tment may charge a fee for registration and 
registration renewals under this subsection. 
B. Beginning July 15, 2-0U 2026, a commingling group shall ensure that all' initiators 
of deposit paiticipating in the commingling group provide to the cooperative accurate 
and up-to-date label registration information required by this subsection and that any 
updates to label registrations are provided to the cooperative at least 30 days prior to 
introduction for sale in the State. The cooperative shall ensure that accurate and up--to-
date information regarding all label registrations is shared with entities using or 
administering reverse vending machine and account-based bulk processing programs 
and is made available on its publicly accessible website. 
Sec. 2. 38 MRSA §3106, sub-§6, as amended by PL 2023, c. 482, § 15 and affected 
by §43, is further amended to read: 
6. Obligation to preserve container value. Notwithstanding subsection 8-A, a 
commingling group or its agent may refuse to accept, or pay the refund value and handling 
costs to a dealer, redemption center or other person for, a beverage container that has been 
processed by a reverse vending machine or account-based bulk processing program in a 
way that has, for a nonrefillable beverage container, reduced the recycling value of the 
container belmv current market value or, for a refillable beverage container, has damaged 
the container in a manner that prevents its reuse, This subsection may not be interpreted to 
prohibit a written processing agreement between a commingling group and a dealer or 
redemption center and does not relieve a commingling group of its obligation under 
subsection 8-A to accept empty, unbroken and reasonably clean beverage coi1tainers. 
Beginning July 15, ~ 
2026, the cooperativf-, on behalf of its member commingling 
groups, shall negotiate agreements with d8alerc and redemption centers· regarding 
processing payments for each beverage container material type. The departmei1t shall 
adopt rules to establish the recycling value of beverage containers under this subsection 
and the rules may authorize the use of a 3rd-party vendor to detennine if a beveJ'age 
container has been processed by a reverse vending machine or account-based bulk 
processing program in a manner that, for a nonrefillable beverage container, has reduced 
the recycling value below cu11·ent market value or, for a refillable beverage container, has 
damaged the container in a manner that prevents its reuse. The rules must outline the 
method of allocating among the patties involved the payment for 3rd-patty vendor costs. 
Sec. 3. 38 MRSA §3106, sub-§8-A, as enacted by PL 2023, c. 482, § 17, is amended 
to read: 
8-A. Obligation to pick up and recycle containers. Beginning Ootobet· 15, 2024, in 
In accordance with the requirements of this subsection and the rules adopted pursuant to 
this subsection, a designated pick-up entity has the obligation to ensure the timely pickup 
and recycling of all empty, unbroken and reasonably clean beverage containers subject to 
the requirements of this chapter from dealers and redemption centers, including from any 
locations where an account-based bulk processing program is in operation, As used in this 
subsection, "designated pick-up entity" means, prior to July 15, 2025 until the cooperative 
implements a department-approved program plan pursuant to section 3107, subsection 3-B. 
paragraph C or for any period of time in which a department-approved program plan is not 
implemented, a commingling group or its pick-up agent and, beginning July 15, 2025 Q!'... 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT •A" to H.P. 1022, L.D. 1564 
for any period of time in which a department-approved program plan is implemented, the 
cooperative or its pick-up agent or agents. 
A. Notwithstanding any provision of this subsection to the contrary, prior to July 15, 
~ 
until the cooperative implements a department-approved program plan pursuant 
to section 3107. subsection 3-B, paragraph C or for any period of time in which a 
department-approved program plan is not implemented, in the case of a designated 
pick-up entity that is a commingling group, the commingling group's responsibilities 
under this subsection apply only to those beverage containers from the initiators of 
deposit that are members of that commingling group. 
B. The depaiiment shall adopt rules to implement this subsection. The rules must, at 
a minimum, establish pickup frequency standards based on the volume of beverage 
containers collected by each dealer or redemption center, accounting for any 
irregularities in volume, in a manner that promotes communication betvveen designated 
pick-up entities and dealers and redemption centers and that increases transpo1iation 
efficiency while maintaining the level of service provided to dealers and redemption 
centers such that dealers and redemption centers are not required to store collected 
beverage containers for extended periods of time without contact from and 
compensation provided by the designated pick-up entity. Rules adopted pursuant to 
this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 4. 38 MRSA §3106, sub-§9, as amended by PL 2023, c. 482, §18, is fu1iher 
amended to read: 
9, Plastic bags, Plastic bags used by a dealer or redemption center and the cost 
allocation of these bags must confo1111 to rules adopted by the department concerning size 
and gauge. Beginning July 15, 2025, the cooperative shall provide to the dealer or 
redemption center;-er the plastic bags to be used by the dealer or redemption center to 
contain redeemed beverage containers or, within 6 weeks of receipt of a request for 
reimbursement from the dealer or redemption center for the cost of such plastic bags used 
by the dealer Ol' !'edemption centel', l'eimburse the dealer or redemption center for the cost 
of, the plastic bags used by the dealer or redemption center to oontain redeemed beverage 
containers those l'equested costs. 
Sec. 5. 38 MRSA §3107, sub-§1, as amended by PL 2023, c. 482, §22, is further 
amended to read: 
1. Commingling requirement. If initiators of deposit enter into a commingling 
agreement pursuant to this section, commingling of beverage containers must be by all 
containers of like deposit value, product group, material and size. Initiators of deposit may 
not require dealers or redemption centers to further so1i containers that belong to the 
commingling group. This subsection does not prevent fmther commingling of containers 
if requested by the responsible commingling group or the cooperative, An initiator of 
deposit required pursuant to section 3106, subsection 8 or 8-A to pick up beverage 
containers subject to a commingling agreement also shall pick up all othe1· beverage 
containers subject to the same agreement. The initiator of deposit may not require beverage 
containers that are subject to a commingling agreement to be sorted separately by a dealet· 
or redemption center. A dealer or redemption center that processes beverage containers 
using a reverse vending machine or account-based bulk processing program is not required 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDl\1ENT "A" to H.P. 1022, L.D. 1564 
to sort material by color, in accordance with subsection 2, paragraphs E to H, deposit value 
or size but must comply with the requirements of section 3106, subsection 6. 
Sec, 6. 38 MRSA §3107, sub-§2, as enacted by PL 2015, c. 166, §14, is amended 
to read: 
2. Commingling of like materials. For purposes of this section, containers are 
considered to be of like materials if made up of one of the following: 
A. Plastic; 
B. Aluminum; 
C. Metal other than aluminum; attd 
D. Glass .. ; 
E. Clear, transparent green or transparent light blue polyethylene terephthalate: 
F. Other polyethylene terephthalate that is not clear, transparent green or transparent 
light blue; 
G. Clear high-density polyethylene; 
H. Colored high-density polyethylene: or 
I. Other materials, including refillable beverage containers, that in the· department's 
discretion are necessa1y to carry out the purposes of this chapter. 
Sec. 7. 38 MRSA §3107, sub-§3-B, ~, as enacted by PL 2023, c. 482, §26, is 
amended by amending subparagraph (1) to read: 
(1) The method by which the progrnm will facilitate and, no later than October 1, 
2026, complete the transition from beverage container sorting at redemption 
centers by brand to sorting by material type and, for redemption centers that 
manually sort containers, by size and deposit value within each material type. The 
program may facilitate the negotiation of agreements with redemption centers to 
gather brand data through use of reverse vending machines, account-based bulk 
processing programs or similar technology as long as the cost of such data 
collection is paid by the program; 
Sec. 8, 38 MRSA §3107, sub-§3-B, ~' as enacted by PL 2023, c. 482, §26, is 
amended by amending subparagraph (13) to read: 
(13) A proposed timeline for implementation of the program plan, if approved, 
designed to ensure implementation of the plan on or before July 15, 2025 January 
15, 2026 and a description of how the cooperative will notify commingling groups, 
initiators of deposit, dealers, distributors, pick-up agents and other affected entities 
regarding program implementation, which must include, but is not limited to, 
posting of information relating to program implementation on the website 
described in subparagraph (12); 
Sec. 9. 38 MRSA §3107, sub-§3-B, ,re, as enacted by PL 2023, c. 482, §26, is 
amended to read: 
C. Within 120 days of receipt of a plan submitted by the cooperative under paragrnph 
B, the department shall review the plan and approve the plan, approve the plan with 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "h' to H.P. 1022, L.D. 1564 
conditions or reject the plan. Prior to determining whether to approve or reject a plan, 
the department shall bold a public hearing meeting on the plan. The department shall 
notify the cooperative in writing of its determination and, if the plan is approved with 
conditions or rejected, shall include in the notification a description of the basis for the 
conditions or rejection. 
(1) If the cooperative's plan is rejected, it may submit a revised plan to the 
depatiment within 60 days of receiving the notice of rejection. The depatiment 
may approve the revised plan as submitted or approve the revised plan subject to 
the implementation of specific changes required by the depa1i111ent. 
(2) If the cooperative's plan is approved in accordance with this paragraph, the 
cooperative shall implement the plan on or before July 15, 2025 January 15, 2026 
in accordance with the timeline for implementation described in paragraph B, 
subparagraph (13), subject to any changes or conditions imposed by the 
depa1iment. If the cooperative fails to implement an approved plan on or before 
July 15, 2025 Janua1y 15, 2026, the initiators of deposit that are members of each 
of the commingling groups included in the cooperative are deemed to be in 
violation of this chapter and are subject to penalties pursuant to section 3111. • 
Sec. 10. 38 MRSA §3107, sub-§3-B, ,fG, as enacted by PL 2023, c. 482, §26, is 
amended by amending subparagraph ( l) to read: 
(l) On 01· before July 15 October 31, 2025, the cooperative shall pay to the 
department the annual fee under this paragraph to cover the depa1iment's costs for 
review of the program plan submitted by the cooperative pursuant to paragraph B 
and the depatiment's costs prior to program plan implementation in its oversight of 
the development and implementation of the commingling program under this 
subsection. The department may require the cooperative to pay a po1iion of the fee 
required under this subparagraph at the time the cooperative submits a program 
plan for review and approval pursuant to paragraph B to cover the department's 
cost for review of the program plan. 
Sec. 11. 38 MRSA §3107, sub-§3-B, ~fl, as enacted by PL 2023, c. 482, §26, is 
amended to read: 
I. Beginning July 15, 2025, an An initiator of deposit that is not in compliance with all 
applicable requirements of the single commingling a department-approved program 
plan implemented pursuant to this subsection: 
(1) Commits a violation of this chapter and is subject to penalties pursuant to 
section 3111; and 
(2) Is prohibited from selling or distributing in the State any beverage container 
subject to the requirements of this chapter as long as the violation exists. A 
distributor or dealer may not sell or distribute in the State any such containers of 
the initiator of deposit, and the department may remove from sale any such 
containers of the initiator of deposit. 
Sec. 12. 38 MRSA §3108-A, sub-§1, as enacted by PL 2023, c. 482, §28 and 
affected by §43, is amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1022, L.D. 1564 
1. Commingling group; unclaimed deposits. Prior to July 15, 2025 Janua1y 15, 
2026, unclaimed deposits for nonrefillable beverage containers that are subject to a 
commingling agreement pursuant to section 3107, subsection 1-A or 1-B are the property 
of the members of the commingling group administering the agreement. The commingling 
group shall determine the disposition and use of those unclaimed deposits. 
Sec. 13. 38 MRSA §3108-A, sub-§2, as amended by PL 2023, c. 529, §§2 to 4 and 
affected by §7, is further amended to read: 
2. Commingling cooperative; unclaimed deposits. Except as provided in paragraph 
D, beginning July 15, 2025 if a department-approved program plan is implemented 
pursuant to section 3107. subsection 3-B, paragraph C, unclaimed deposits for nonrefillable 
beverage containers subject to the requirements of this chapter are the property of the 
cooperative and, in accordance with rules adopted by the depatiment pursuant to subsection 
3, must be deposited and maintained by the cooperative in a separate account or accounts 
and expended only in accordance with this subsection. 
A. The cooperative shall expend unclaimed deposit amounts as provided in paragraphs 
B and C and may not expend unclaimed deposit amounts to offset legal or lobbying 
fees or fines incun-ed by the cooperative, a commingling group or an initiator of 
deposit. 
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 info1111ation, including 
information regarding the fraudulent redemption of beverage containers in 
accordance with section 3106, subsection 1 0; 
(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 subparagraph to support 
activities and infrastructure designed to increase the use of other types of reusable 
packaging 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 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1022, L.D. 1564 
(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 
(5) Payment of $500,000 annually to the depa1tment 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. 
C. Any deposits determined by the cooperative to be unclaimed in accordance with 
the rules adopted by the department pursuant to subsection 3 that are not expended by 
the cooperative as otherwise required by this section may be expended by the 
cooperative to offset other costs incurred by the program, including, but not limited to, 
costs of beverage container pickups and payment to dealers or redemption centers of 
requil'ed handling fees under section 3106, subsection 7, as long as such expenditures 
are designed to equitably offset those costs incurred by each member commingling 
group as determined pursuant to the approved program plan under section 3107, 
subsection 3-B, parngraph B, subparagraph (2). 
D. Notwithstanding any provision of this section to the contra1y, if the cooperative 
fails to implement a depa1tment-approved program plan approved by the department 
pursuant to section 3107, subsection 3-B, paragraph C by July 15, 2025 Janua1y 15, 
2026, until the cooperative implements an approved a depa1tment-approved program 
plan pursuant to section 3107, subsection 3-B, paragraph C or for any period of time 
in which a depaitment-approved program plan is not implemented, unclaimed deposits 
for nonrefillable beverage containers subject to the requirements of this chapter must 
be deposited and maintained by the cooperative, or, in the event the cooperative has 
not been established, by each commingling group, in a separate account or accounts 
and in the manner directed by the department must be paid to the depa1tment for deposit 
into and use in accordance with the Beverage Container Enforcement Fund established 
under section 3114. 
Sec. 14. 38 MRSA §3113, sub-§4, ~]A, as enacted by PL 2015, c. 166, §14, is 
amended to read: 
A. An owner of a redemption center who is renewing the license of a redemption center 
licensed by the department as of April 1, 2009 need not comply with subsection 3; 
Sec. 15. 38 MRSA §3113, sub-§5, as enacted by PL 2023, c. 482, §34, is amended 
to read: 
5. Convenience standard. On or after July 15, 2025 Januai:y 15, 2026, the depa1tment 
shall adopt rules establishing requirements for the implementation by the cooperative of an 
efficient beverage container collection system of redemption centers that is adequate to 
serve the needs of consumers in both rural and urban ai·eas throughout the State. Rules 
COMMITTEE AMENDMENT 
COMMITIEEAMENDMENT"A "toH.P.1022,L.D.1564 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
A. The beverage container collection system to be implemented must be designed to 
provide a geographical distribution of redemption locations and of redemption options 
for consumers, including, but not limited to, manual sorting, reverse vending machines, 
bag drop programs and account-based bulk processing programs, including those 
options that provide for immediate payment of the refund value to a consumer as well 
as those that provide payment of the refund value within a specified period of time 
following beverage container drop-off. 
B. In establishing requirements for the beverage container collection system to be 
implemented, the department shall consider geographical limitations, population 
densities and reasonable days and hours of operation for redemption centers and may 
consider options for expanding redemption oppo1tunities for consumers at locations 
other than redemption centers, including, but not limited to, at dealers and transfer 
stations. 
Sec. 16. 38 MRSA §3114, sub-§2, ~' as amended by PL 2023, c. 482, §35, is 
fmther amended by amending the first blocked paragraph to read: 
This paragraph is repealed July 15, ~ 
2026; 
Sec. 17. 38 MRSA §3115, sub-§1, as amended by PL 2023, c. 482, §38, is ftuthet· 
amended by amending the first blocked paragraph to read: 
This subsection is repealed July 15, ~ 
2026. 
Sec. 18. 38 MRSA §3119, sub-§1, as amended by PL 2023, c. 482, §40, is futther 
amended by repealing the first blocked paragraph. 
Sec. 19. 38 MRSA §3119, sub-§2, as amended by PL 2023, c. 482, §40, is futther 
amended by repealing the first blocked paragraph. 
Sec. 20. 38 MRSA §3119, sub-§3, as amended by PL 2023, c. 482, §40, is further 
amended to read: 
3, Proprietary information. Proprietaiy information submitted to the depaitment 
prior to July 15, 2025 in a repott required under this section that is identified by the 
submittor as proprietary information is confidential and must be handled by the department 
in the same manner as confidential information is handled under section 1310-B. 
Sec, 21. Retroactivity. That section of this Act that amends the Maine Revised 
Statutes, Title 38, section 3107, subsection 3-B, paragraph C applies retroactively to 
Janua1y 1, 2025.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill and changes the title. Like the bill, it amends the law 
governing manufacturers, distributors and dealers of beverage containers in a number of 
provisions recently amended by Public Law 2023, chapter 482, to amend ce1tain time 
frames for implementation of the law, including requiring the commingling cooperative to 
COMMITTEE AMENDMENT 
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COMMITI'EE AMENDMENT •A "to H.P. 1022, L.D. 1564 
implement a plan for a single commingling program approved by the Depa1tment of 
Environmental Protection. It also makes a number of additional changes to that law, 
including the following. 
1. 
It clarifies the obligation for a commingling group and for the commingling 
cooperative to pick up and recycle beverage containers processed by dealers and 
redemption centers. 
2. It clarifies the commingling requirement under the law to provide that beverage 
containers must be so1ted by like deposit value, prnduct group, material and size and that 
initiators of deposit may not require dealers or redemption centers to fmther so1t containers 
that belong to a commingling group. It further prnvides that dealers or redemption centers 
that process beverage containers using a reverse vending machine or account-based bulk 
processing program are not required to smt material by color, deposit value or size but must 
comply with the requirements to preserve container value. 
3. It provides that commingling of beverage containers by like materials includes 
sorting by color for cettain plastic beverage containers composed of polyethylene 
terephthalate and high-density polyethylene. 
4. It provides that the plan for the single commingling program to be submitted by the 
commingling cooperative must include the method by which the prngram will facilitate and 
by October 1, 2026 complete the transition from beverage container sorting at redemption 
centers by brand to so1ting by material type furthe1· by size and deposit value for manually 
smted containers. 
5. It clarifies that, beghming July 15, 2025, when the cooperative is required to provide 
to a dealer or redemption center the plastic bags to be used by the dealer or redemption 
center to contain redeemed beverage containers, or to reimburse the dealer or redemption 
center for the cost of those bags, if the dealer or redemption center submits a request to the 
cooperative for reimbursement of those costs, the cooperative must provide that 
reimbursement within 6 weeks of receipt of the request. 
6. It clarifies that po1tion of the law regulating unclaimed deposits for nonrefillable 
beverage containers in the event that a depa1tment-approved program plan for the single 
commingling prngram is not implemented by the cooperative. 
7. It removes the provisions of law that repeal on July 15, 2025 the requirement for 
initiators of deposit and pick-up agents to repo1t annually to the department ce1tain 
h1fonnation regardh1g deposit transactions and redemptions. 
8. It amends that pmtion of the law regarding the relicensing ofredemption centers to 
provide that any such relicensing is not subject to the population requirements for licensing. 
9. It clarifies that, prior to determining whether to approve or reject a plan submitted 
by the cooperative for the establishment of the single commingling program, the 
depattment must hold a public meeting on the plan. Current law describes that activity as 
the holding of a public hearing. This change to the law is made retroactive to January 1, 
2025. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/23/25 LR.L 
LD 1564 
LR2018(02) 
An Act to Delay Implementation of Recent Changes to Maine's Beverage Container Redemption Law 
Fiscal Note for Bill as Amended by Committee Amendment ,An (H, - LJ( 5'\ 
Committee: Environment and Natural Resources tr ' 
r f ') 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection from the provisions of this bill are expected to r-
minor and can be absorbed within existing budgeted resources. 
LR2018(02) - Fiscal Note - Page 1 of 1