‘Sec. 1. 38 MRSA §1605, as repealed and replaced by PL 1991, c. 475, §1, is repealed.
| HP1115 LD 1532 |
Session - 129th Maine Legislature C "B", Filing Number H-379, Sponsored by
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LR 2199 Item 3 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out all of section 1 and inserting the following:
‘Sec. 1. 38 MRSA §1605, as repealed and replaced by PL 1991, c. 475, §1, is repealed.
Amend the bill in section 2 in §1611 in subsection 1 by inserting after the first paragraph the following:
In the case of a town, plantation or township located within the unorganized and deorganized areas, "participating municipality" means a town, plantation or township located within a county in which the county commissioners of that county have voted to subject all towns, plantations and townships within the unorganized and deorganized areas of that county to both the prohibition in subsection 2 and the requirements in subsection 3.’
Amend the bill in section 2 in §1611 in subsection 1 in paragraph G in subparagraph (1) in the first line (page 1, line 29 in L.D.) by inserting after the following: " withstand" the following: ' a minimum of'
Amend the bill in section 2 in §1611 in subsection 1 by relettering the paragraphs to read alphabetically.
Amend the bill in section 2 in §1611 in subsection 2 by inserting at the end 2 new lettered paragraphs to read:
(1) Locates inside the retail establishment or within 20 feet of the main entrance to the retail establishment a receptacle for collecting any used single-use carry-out bags made of plastic; and
(2) Ensures that single-use carry-out bags made of plastic that are collected by the retail establishment are recycled or delivered to a person engaged in recycling plastics.
Amend the bill in section 2 in §1611 by striking out all of subsections 3 to 5 (page 3, lines 4 to 31 in L.D.) and inserting the following:
(1) All amounts collected pursuant to this paragraph are retained by the retail establishment and may be used for any lawful purpose.
(2) A retail establishment may not rebate or otherwise reimburse a customer any portion of the fee charged pursuant to this paragraph.
(1) Stores at which less than 2% of retail sales are attributed to the sale of food and that have less than 10,000 square feet of retail area;
(2) Restaurants; or
(3) Hunger relief organizations engaged in distributing food directly to consumers at no charge.
A retail establishment exempt from charging a fee under this paragraph may charge a fee for a recycled paper bag or a reusable bag made of plastic.
summary
This amendment is the minority report of the committee. The amendment provides that the prohibitions and requirements in the bill, as amended, apply only in a participating municipality, which is a municipality that has approved at referendum an article subjecting the municipality to the prohibitions and requirements. The amendment requires a retail establishment in a participating municipality to charge at least a 5¢ fee for each reusable bag made of plastic and for each recycled paper bag used to bag products at the point of sale. It also clarifies provisions in the bill regarding the implementation of the statewide preemption on single-use carry-out bag regulation and the provision regarding violations of the bag prohibition and bag fees requirements. It makes additional technical changes to clarify the application of existing state law regarding plastic bags and removes language in the bill regarding the application of bag fees to purchasers using the federal supplemental nutrition assistance program or the Women, Infants and Children Special Supplemental Food Program of the United States Child Nutrition Act of 1996.