HP1555, LD 2172, item 1, An Act To Implement the Recommendations of the Department of Environmental Protection Regarding the State's Container Redemption Law

An Act To Implement the Recommendations of the Department of Environmental Protection Regarding the State's Container Redemption Law

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

Sec. 1. 38 MRSA §352, sub-§5-A, as amended by PL 2019, c. 374, §1 and c. 526, §2, is further amended by amending Table II to read:

5-A. Accounting system. In

TABLE II

WASTE MANAGEMENT FEES - ANNUAL LICENSE

MAXIMUM FEES IN DOLLARS

TITLE 38 SECTION				PROCESSING FEE	ANNUAL LICENSE FEE
1278, Asbestos abatement
	A. Asbestos abatement contractor			$0	$650
	B. Asbestos abatement worker			0	50
	C. Asbestos consultant			0	650
	D. Asbestos analytical laboratory			0	400
	E. Training provider			0	500
	F. Other categories of asbestos professionals except asbestos abatement workers			0	100
	G. Notification
		1. Project size greater than 100 square feet or 100 linear feet and less than 500 square feet or 2,500 linear feet		100	0
		2. Project size 500 square feet or 2,500 linear feet, or greater, and less than 1,000 square feet or 5,000 linear feet		150	0
		3. Project size 1,000 square feet or 5,000 linear feet, or greater		300	0
1304, Waste management
	A. Septage disposal
		1. Landspreading		$550	$250
		2. Storage		50	75
	B. Residuals compost facility
		1. Type I		150	150
		3. Type II and Type III less than 3,500 cubic yards		700	500
		5. Type II and Type III 3,500 cubic yards or greater		1,400	850
	C. Land application of sludges and residuals
		1. Sites with program approval
			a. Industrial sludge	150	250
			b. Municipal sludge	75	200
			c. Bioash	75	200
			d. Wood ash	50	125
			e. Food waste	50	125
			f. Other residuals	50	125
		2. Sites without program approval
			a. Industrial sludge	300	550
			b. Municipal sludge	150	250
			c. Bioash	150	250
			d. Wood ash	75	200
			e. Food waste	75	200
			f. Other	75	200
1310-N, Solid waste facility siting
	A. Landfill
		1. Existing, nonsecure municipal solid waste landfills accepting waste from fewer than 15,000 people		3,500	1,000
		2. Existing, nonsecure municipal solid waste landfills accepting waste from more than 15,000 people		3,500	3,500
		3. New or expanded for secure landfill		5,000	8,500
		5. Nonsecure wood waste or demolition debris landfills, or both, if less than or equal to 6 acres		700	750
	B. Incineration facilities
		1. New or expanded for the acceptance of municipal or special wastes, or both		3,500	5,000
		2. Municipally owned and operated solid waste incinerators with licensed capacity of 10 tons per day or less		3,500	1,000
	C. Transfer station and storage facility			750	175
	D. Tire storage facility			400	450
	F. Processing facility other than municipal solid waste composting			700	700
	G. Beneficial use activities other than agronomic utilization
		3. Fuel substitution		700	500
		4. Beneficial use without risk assessment		700	200
		5. Beneficial use with risk assessment		1,400	500
	H. Permit by rule for ongoing activities			100	100
3109, Redemption centers				0	100

Sec. 2. 38 MRSA §3102, sub-§13, ¶C, as enacted by PL 2019, c. 526, §4, is amended to read:

C. Imports into the United States for sale or offering for sale in the State a beverage that is manufactured outside of the United States by another person without a presence in the United States; or

Sec. 3. 38 MRSA §3102, sub-§13, ¶D, as enacted by PL 2019, c. 526, §4, is amended to read:

D. Is an out-of-state wholesaler of liquor that holds a certificate of approval issued pursuant to Title 28-A . ; or

Sec. 4. 38 MRSA §3102, sub-§13, ¶E is enacted to read:

E. Bottles, cans or otherwise places beverages in beverage containers for sale to distributors or dealers.

Sec. 5. 38 MRSA §3105, sub-§5, as amended by PL 2019, c. 526, §6, 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 forms or in an electronic format provided by the department 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 part of the registration the method of collection for that type of container, identification of a collection agent, identification of all of the parties to a commingling agreement that applies to the container and proof of the collection agreement. The department may charge a fee for registration and registration renewals under this subsection.

A. An initiator of deposit who submits an initial application or annual renewal application for the registration of a beverage container label under this subsection shall include with the application payment of the following fees.

(1) For a beverage container containing wine, the initial application fee is $1 per label and the annual renewal application fee is $1 per label.

(2) For a beverage container containing a beverage other than wine, the initial application fee is $4 per label and the annual renewal application fee is $4 per label.

B. If a universal product code or international article number on a registered beverage container label is changed during the registration period, all beverage containers using that label are considered discontinued and an initiator of deposit, prior to selling or offering for sale those beverage containers in the State, shall submit a new registration application under this subsection to register the changed label and pay the required fee under this subsection.

Sec. 6. 38 MRSA §3113, sub-§1, as amended by PL 2019, c. 526, §10, is further amended to read:

1. Procedures ; licensing fees. The department shall adopt rules establishing the requirements and procedures for issuance of licenses and annual renewals under this section , including a fee structure.

Sec. 7. 38 MRSA §3113, sub-§1-A is enacted to read:

1-A. Fees. A person that submits an initial application or an annual renewal application under this chapter shall include with the application payment of the following fees.

A. For a redemption center, the initial application fee is $100 and the annual renewal application fee is $100.

B. For an initiator of deposit that is a small brewery or small winery that produces 50,000 gallons or less of its product in a calendar year, the initial application fee is $50 and the annual renewal application fee is $50.

C. For an initiator of deposit that is a bottler of water that sells in a calendar year within the State 250,000 or fewer containers each containing no more than one gallon of its product, the initial application fee is $50 and the annual renewal application fee is $50.

D. For a small beverage manufacturer that produces 50,000 gallons or less of all beverages at all manufacturing locations of the manufacturer in a calendar year, the initial application fee is $50 and the annual renewal application fee is $50.

E. For an initiator of deposit not described in paragraph B, C or D, the initial application fee is $500 and the annual renewal application fee is $500.

F. For approval as a pick-up agent, the initial application fee is $500 and the annual renewal application fee is $500.

Sec. 8. Department of Environmental Protection; report. The Department of Environmental Protection, using information reported to the department by initiators of deposit and pick-up agents that are not initiators of deposit pursuant to the Maine Revised Statutes, Title 38, section 3119, or other information available to the department, shall assess the efficiency and convenience of the beverage container redemption system and develop recommendations to improve efficiencies in the handling and transportation of beverage containers and to ensure convenient collection of beverage containers for consumers. On or before February 15, 2021, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters detailing the department's findings and recommendations, including any proposed legislation. The report under this section may be included in the report required pursuant to Title 38, section 1772, subsection 1. After reviewing the report, the committee may report out legislation to the First Regular Session of the 130th Legislature to implement recommendations contained in the report.

SUMMARY

This bill, which is reported out by the Joint Standing Committee on Environment and Natural Resources pursuant to the Maine Revised Statutes, Title 38, section 1772, subsection 5, implements the recommendations of the Department of Environmental Protection regarding the State's container redemption law as contained in a report submitted to the Joint Standing Committee on Environment and Natural Resources pursuant to that same public law.

The bill reallocates the annual license fee for redemption centers from Title 38, section 352 to the container redemption law and incorporates in the container redemption law other existing application and licensing fees that are assessed by the department. It amends the definition of "manufacturer" under the container redemption law to include persons that bottle, can or otherwise place beverages in beverage containers for sale to distributors or dealers. It incorporates into the beverage container label registration provisions under the container redemption law the registration fees that are assessed by the department and clarifies the process for addressing changes to a universal product code or international article number on a beverage container label following its registration with the department.

The bill also requires the department, using information reported to the department by initiators of deposit and pick-up agents that are not initiators of deposit pursuant to Title 38, section 3119, or other available information, to assess the efficiency and convenience of the beverage container redemption system and develop recommendations to improve efficiencies in the handling and transportation of beverage containers and to ensure convenient collection of beverage containers for consumers. On or before February 15, 2021, the department is required to submit a report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters detailing the department's findings and recommendations, including any proposed legislation. After reviewing the report, the committee may report out legislation to the First Regular Session of the 130th Legislature.

FISCAL NOTE REQUIRED

(See attached)

HP1555 LD 2172	Session - 129th Maine Legislature		LR 3294 Item 1
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