HP0474, LD 683, item 1, An Act To Fund the Maine Solid Waste Diversion Grant Program and To Phase Out Certain Containers from the Bottle Redemption Laws

An Act To Fund the Maine Solid Waste Diversion Grant Program and To Phase Out Certain Containers from the Bottle Redemption Laws

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 38 MRSA §3102, sub-§2, as enacted by PL 2015, c. 166, §14, is amended to read:

2. Beverage container. "Beverage container" means a bottle, can, jar or other container made of glass, metal or plastic that has been sealed by a manufacturer and at the time of sale contains 4 liters or less than 46 ounces of a beverage. "Beverage container" does not include a container composed, in whole or in part, of aluminum and plastic or aluminum and paper in combination as long as the aluminum content represents 10% or less of the unfilled container weight, the container materials represent 5% or less of the total weight of the container and its contents and the container is filled with a nonalcoholic beverage.

Sec. 2. 38 MRSA §§3119 and 3120 are enacted to read:

§ 3119. Beverage containers of 46 ounces or greater

1. No deposit to be charged. On and after December 1, 2017, a deposit may not be initiated on a beverage container containing 46 ounces or more of a beverage.

2. End date to redeem deposit. On and after January 1, 2018, a dealer or redemption center has no liability to any consumer for a deposit on a beverage container 46 ounces or greater in capacity. On and after February 1, 2019, a manufacturer or distributor has no liability to any dealer or redemption center for a deposit or handling fee on a beverage container 46 ounces or greater in capacity.

§ 3120. Recycling fee on certain beverage container sales

1. Recycling fee. Beginning December 1, 2017 and ending December 1, 2022, a manufacturer of refillable beverage containers 46 ounces or greater but not more than 4 liters in capacity, including wine and spirits containers, and a distributor of nonrefillable beverage containers 46 ounces or greater in capacity, including wine and spirits containers, shall pay a recycling fee at the rate of $0.005 per beverage container delivered for sale or distribution during any month. The fee is due on the 20th day of the following month. The monthly returns must be accompanied by a certified statement on such forms as the Department of Administrative and Financial Services may require in computing the fee due. A manufacturer and distributor may list, as a separate line item on an invoice, the amount of the fees due under this subsection or for other handling fees under this chapter.

2. Remittance. The fees under this section must be remitted to the Department of Administrative and Financial Services for deposit into the Maine Solid Waste Management Fund for use by the Maine Solid Waste Diversion Grant Program under section 2201-B.

3. Repeal. This section is repealed December 1, 2022.

Sec. 3. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 38, section 3102, subsection 2 takes effect December 1, 2017.

SUMMARY

This bill phases out beverage containers 46 ounces and greater in capacity from the bottle redemption laws beginning December 1, 2017. It ends the liability of redemption centers and dealers to consumers for deposits January 1, 2018 and the liability of manufacturers and distributors February 1, 2019. The bill requires manufacturers of certain refillable containers and distributors of certain nonrefillable containers to pay a fee, beginning December 1, 2017 and ending December 1, 2022, at the rate of $0.005 per beverage container delivered for sale or distribution during any month. All of the revenue from the fee is deposited into the Maine Solid Waste Management Fund for use by the Maine Solid Waste Diversion Grant Program.

HP0474 LD 683	Session - 128th Maine Legislature		LR 1542 Item 1
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