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) Bill text below
Sponsors Senator A. Trahan

Details

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.

Progress

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)

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Contacts

 

 

Truck Travel Bill

Bill Number and Name LD 728 (SP217) Bill text below
Sponsors Senator Christopher Rector

Details

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.

Progress

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

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Contacts

 

 

Reimbursement bill

Bill Number and Name LD 666 (HP496) Bill text below
Primary Sponsor Representative Bernard Ayotte

Details

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.

Progress

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.

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Deposit reduction bill

This 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 Bill text
Sponsor Representative Kerri Prescott
Beverages Covered Removes containers 28 oz. and larger
Deposits Decreases deposit on wine and spirits containers to 5¢

 

Details

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.

Progress

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

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Wine bill

LD 1417 would have removed wine bottles from the deposit system. It was defeated along with LD 1324 at a May 2 committee hearing.