Legislative Document 1204
|Bill Number and Name||The 2015 Partial Repeal Bill - Legislative Document 1204|
|Primary Sponsor||Senator Cushing|
4/02/2015 Referred to Committee on Environment and Natural Resources (S)
Referred to Committee on Environment and Natural Resources (H)
4/23/2015 Public Hearing
4/27/2015 Work Session
5/14/2015 Pursuant to Joint Rule 310.3 Placed in Legislative Files (DEAD) (S)
Under the current program bottles, can, jars or other containers made of glass, metal, or plastic that are 4 liters or less are accepted. The proposed law would eliminate containers of 32 ounces or greater from the container deposit law.
Deposits and Fees
- No deposit to be charged on 32 ounces or more on and after December 1, 2016.
- Manufacturers and distributors of bottles 32 ounces or greater in capacity are required to pay a fee, beginning December 1, 2016 and ending December 1, 2022, at the rate of half a cent per beverage container delivered for sale or distribution during any month in order to provide revenue to the fund.
- Remains unchanged
- No penalties
The bill proposes eliminating the redeemable amount and putting a small portion of the deposit into a fund to increase recycling. The Maine Recycling Fund would generate revenue by charging distributors a half-cent for every 32 ounce or larger soda bottle they sell.
Legislative Document 947
|Bill Number and Name||Legislative Document 947: An Act To Fund State Efforts To Reduce the Landfilling of Solid Waste|
|Primary Sponsor||Representatives Chipman|
3/17/2015 Referred to Committee on Environment and Natural Resources (H)
3/18/2015 On motion by Senator Saviello, Referred to the Committee on Environment and Natural Resources. (S)
5/14/2015 Pursuant to Joint Rule 310.3 Placed in Legislative Files (DEAD)
Summary of Concept Draft
This bill proposes to establish the Maine Solid Waste Reduction Fund and the Maine Solid Waste Reduction Program, administered by the Department of Environmental Protection, to provide grants to assist municipalities in the diversion of solid waste from disposal at solid waste landfills through equipment or infrastructure purchases or the establishment of programs to reduce the need for waste disposal. The bill provides funding for this fund and program through the elimination of certain exemptions.
2013 Maine Bills
Several bills regarding recycling, and possibly relating to Maine's existing deposit law were introduced this year. Among them, a bill to specify the number of redemption centers that can be licensed in a municipality, and one to transfer the management of the deposit system to the Department of Environmental Protection.
The Redemption Center Bill
|Bill Number and Name||LD124/SP45 "An Act To Amend the Bottle Redemption Laws"|
|Sponsors||Senator Roger Sherman|
|Reclamation System||Sets limits on the number of redemption centers a municipility can license based on its population.|
January 31, 2013 Introduced.
February 5, 2013 Referred to Committee on ENVIRONMENT AND NATURAL RESOURCES
May 14, 2013 Officially placed in the "dead" file
The Managing Agency Bill
|Bill Number and Name||HP200 (LD291)|
|Sponsors||Representative Janice Cooper|
This bill transfers administration of the provisions regarding returnable beverage containers from the Department of Agriculture, Conservation and Forestry to the Department of Environmental Protection.
February 7, 2013 Introduced and referred to Committee on Agriculture, Conservation, and Forestry
March 21, 2103 Officially filed as dead.
The Small Bottler Bill
|Bill Number and Name||HP0793|
|Sponsors||Representative Jones of Freedom, Johnson of Greenville, Nutting of Oakland, Powers of Naples, Short of Pittsfield, Villa of Harrison.|
Under the existing law, small brewers are exempt from the requirement to return unclaimed deposits to the state. This bill would expand this exemption to small "bottlers" rather than brewers. Originally, this bill would also have removed a provision about bottlers of water, who would now fall under the expanded category of "bottlers", but the amended and subsequently adopted version kept it in.
March 21, 2013: Introduced
Passed by the House and Senate on June 11 and 12, respectively. Signed into law (Public Law, chapter 259) on June 14.
The Pickups Bill
|Bill Number and Name||SP 0362|
|Sponsors||Senator Hamper of Oxford|
1. Requires that collections from redemption centers be made by a distributor or commingling group of distributors every 15 days and requires additional pickups to be made when the redemption center has more than 10,000 beverage containers from that distributor or group of distributors
2. Adds a requirement that the Department of Agriculture, Conservation and Forestry adopt rules for conducting audits on containers presented to distributors by redemption centers as ready for redemption.
3. Provides a one-time allocation of funds.
Originally this bill contained provisions about auditing plastic bags containing beverage containers and about counting redemption centers, but they were stricken in an amendment and replaced with provisions 2 and 3 listed above.
March 20, 2013: Introduced and referred to to the Committee on ENVIRONMENT AND NATURAL RESOURCES
On May 23, the original was amended in Senate, and the final version passed in House and Senate on May 28 and 31, respectively. The bill passed into law (Public Law 275) without a signature on June 15, 2013.
Maine 2011 Bills
Early in the year, the governor of Maine was reported to support a bil removing large containers from the deposit system. Additional bills relating to the Maine law were also introduced, generally making small adjustments to the existing system.
Bag Tax Bill
|Bill Number and Name||LD 6 (SP 21)|
|Sponsors||Senator A. Trahan|
The entire text of the bill is presented below; it is also available on the Maine Legislature website at http://www.mainelegislature.org/legis/bills/bills_125th/billtexts/SP002101.asp
An Act To Provide a Sales Tax Exemption for Bags Provided by Redemption Centers for Returnable Containers
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, certain taxpayers have suffered losses due to lack of clarity in the law; and
Whereas, there may be audits under way or planned by Maine Revenue Services that will include audit findings based on the clarity of this law; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,Be it enacted by the People of the State of Maine as follows:
Sec. 1. 36 MRSA §1760, sub-§92 is enacted to read:92. Plastic bags sold to redemption centers. Sales to a local redemption center licensed under Title 32, section 1871A of plastic bags used by the redemption center to sort, store or transport returnable beverage containers.
Sec. 2. Retroactivity. This Act applies retroactively to January 1, 2004.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
The original version of the bill exempted bags for bottle redemption from sales tax. A Senate amendment declared an emergency, which would make the bill effective immediately upon enrollment.
January 5, 2011: Referred to the Committee on Taxation and the House Committee on Taxation for concurrence. House concurred
March 23, 2011: Amended in Senate
March 24, 2011: Passed in Senate, Sent to House for concurrence
March 31, 2011: Passed in House, PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT
June 30, 2011: IN POSSESSION OF THE SENATE WHEN THE SENATE ADJOURNED SINE DIE AND PLACED IN THE LEGISLATIVE FILES (DEAD)
Truck Travel Bill
|Bill Number and Name||LD 728 (SP217)|
|Sponsors||Senator Christopher Rector|
This bill, known as "An Act To Reduce Truck Travel Caused by the Bottle Redemption Laws," removes the current obligation in rule that requires a distributor to pick up a redemption center every time the distributor makes a delivery of product to any dealer or retailer that has an agreement with that redemption center. It replaces that obligation with a statutory obligation to pick up beverage containers at every redemption center every 30 days and to make additional pick ups when the redemption center has accumulated $750 worth of beverage containers.
The bill amends the existing deposit law by adding the following text:
The initiator of deposit has the obligation to pick up any empty, unbroken and reasonably clean beverage containers of the particular kind, size and brand sold by the distributor from dealers to whom that distributor has sold those beverages once every 30 days and from licensed redemption centers once every 30 days. The initiator of deposit is not obligated to respond to a request to pick up additional containers from a dealer or licensed redemption center unless or until the dealer or licensed redemption center has accumulated beverage containers with a minimum total refund value of $750.
Feb 18, 2011: Referred to Committee on Environment and Natural Resources
April 15, 2011: Public hearing
May 2, 2011: Committee reported ought not to pass
May 5, 2011: Filed as dead
|Bill Number and Name||LD 666 (HP496)|
|Primary Sponsor||Representative Bernard Ayotte|
This bill has a very simple objective and is short and direct; hence, the entire text is reproduced below and may also be read on the Maine Legislature website at http://www.mainelegislature.org/legis/bills/bills_125th/billtexts/HP049601.asp:
Resolve, To Reimburse Convenience Stores on a One-time Basis for Beverage Containers
Sec. 1. Beverage container reimbursement. Resolved: That, by January 1, 2012, on a one-time basis, the State shall reimburse a convenience store that accepts empty beverage containers for redemption of deposit the refund value of beverage containers that are not labeled in accordance with the Maine Revised Statutes, Title 32, section 1865. For purposes of this section, "refund value" means the refund value established in Title 32, section 1863A and "convenience store" means a retail store that specializes in the sale of a limited quantity and variety of consumable items in their original containers. The Department of Agriculture, Food and Rural Resources shall establish a process for implementing the provisions of this section.
February 17, 2011: REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES and sent to Senate Committee on ENVIRONMENT AND NATURAL RESOURCES for concurrence.
March 23, 2011: House Committee recommended the bill not be passed, sent to Senate
March 24, 2011: Senate accepted Ought Not to Pass recommendation; bill dead.
Deposit reduction billThis bill would modify Maine's existing deposit law, reducing the number of types of containers that are covered, and reducing the deposit on wine and spirits
|Bill Number and Name||LD 1324 (HP 970), An Act To Create Consistency and Fairness in Maine's Bottle Bill|
|Sponsor||Representative Kerri Prescott|
|Beverages Covered||Removes containers 28 oz. and larger|
|Deposits||Decreases deposit on wine and spirits containers to 5¢|
Under Maine's existing deposit law, containers up to 4 liters carry a deposit. This bill would reduce the deposit to containers 28 oz. and less. According to the Times-Record, "Those containers represent up to 20 percent of what’s recycled under our present bottle bill."
The existing deposit law also applies a 15¢ deposit to wine and spirits containers, but this bill would reduce that amount to 5¢, equal to the deposit on all other containers.
The changes would go into effect December 1, 2011 on all new containers sold, and the old refund system would be completely phased out by March 1, 2012.
Before a key legislative hearing, CRI’s executive director, Susan Collins, spent a day in Maine talking to legislators about the important facts about the State’s container deposit law, which has a recycling rate of 90%. Some of her points are reiterated in her letter of opposition to LD 1324 and LD1417. The bill was unanimously voted down by the Environment and Natural Resources committee on May 2.
March 29, 2011: Filed in House, referred to Committee on Environment and Natural Resources, and sent to Senate for concurrence
March 30, 2011: Senate concurred, referred to Committee on Environment and Natural Resources
May 2, 2011: Defeated in committee
The 2009 Maine CampaignThe 2009 amendments to the Maine deposit law effect a number of administrative changes, including the increase of the handling fee, rules for establishing redemption centers, and policies to manage the redemption of large quantities of containers at a time. The bill was signed into law in July.
|Bill Number and Name||Legislative Document 397|
|Primary Sponsor||Senator Nancy Sullivan|
|Handling Fees||Increased to 4¢ effective March 1, 2010|
Consumers will probably not notice the changes made by the 2009 bottle bill amendments, but redemption centers and distributors will be affected.
The handling fee, paid by distributors to redemption centers and dealers, will be increase from 3.5¢ to 4¢ in March 2010.
To prevent out-of-state redemption fraud, people wishing to redeem more than 2,500 beverage containers at a time are required to provide their name, license plate number, and address each time they return containers in bulk. Exceptions are made for nonprofit organizations.
Several rules put into effect regarding where the process of licensing redemption centers. New rules also limit the number of redemption centers in a municipality, based on population.
Dealers and redemption centers are also required to pick up plastic bags used for the packaging of deposit beverages.
February 5, 2009: Introduced by Senate Committee on Business, Research and Economic Development
June 2, 2009: Amended in Senate and sent to House
June 12, 2009: Amended in House, passed in House and Senate
June 16, 2009: Signed into law by governor