Bill Summary – FastDemocracy

APPROVED               CHAPTER
                                                                MAY 5, 2023                 48
                                                              BY GOVERNOR             PUBLIC LAW
                                STATE OF MAINE
                                         _____
                         IN THE YEAR OF OUR LORD
                     TWO THOUSAND TWENTY-THREE
                                         _____
                                  S.P. 73 - L.D. 134
An Act to Increase the Handling Fee for Beverage Containers Reimbursed to
                      Dealers and Redemption Centers
    Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
     Whereas, the State's successful beverage container redemption program protects
public health and safety by preventing litter from polluting water sources and spreading
disease and by reducing air and water contamination caused by the burning of containers
in a waste-to-energy facility or the disposal of containers in a landfill; and
    Whereas, Maine residents rely on beverage container redemption centers as a
convenient option for redeeming container refunds, which many residents use to support
their household budgets; and
    Whereas, redemption centers are struggling to address increased system costs due to
inflation and other factors, which have forced many redemption centers to reduce hours or
close, while at the same time, recent increased demands for redemption services are
overwhelming redemption centers still in operation; and
    Whereas, necessary operational changes to streamline the beverage container
redemption program cannot be implemented in sufficient time to address the current cost
and demand issues overwhelming redemption centers now and in the near future; and
    Whereas, an immediate increase in the handling fee paid by initiators of deposit to
redemption centers and an additional future increase in that fee, as provided in this
legislation, are necessary to prevent further redemption center closures; 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. 38 MRSA §3106, sub-§7, as amended by PL 2019, c. 526, §7, is further
amended to read:
                                  Page 1 - 131LR0197(03)
    7. Reimbursement of handling costs. Reimbursement of handling costs is governed
by this subsection.
    A. In addition to the payment of the refund value, the initiator of the deposit under
    section 3103, subsections 1, 2 and 4 shall reimburse the dealer or redemption center
    for the cost of handling beverage containers subject to section 3103, in an amount that
    equals at least 3¢ per returned container for containers picked up by the initiator before
    March 1, 2004, at least 3 1/2¢ for containers picked up on or after March 1, 2004 and
    before March 1, 2010, at least 4¢ for containers picked up on or after March 1, 2010
    and before January 1, 2020 and, at least 4 1/2¢ for containers picked up on or after
    January 1, 2020 and before May 1, 2023, at least 5 1/2¢ for containers picked up on or
    after May 1, 2023 and before September 1, 2023 and at least 6¢ for containers picked
    up on or after September 1, 2023. The initiator of the deposit may reimburse the dealer
    or redemption center directly or indirectly through a party with which it has entered
    into a commingling agreement.
    B. In addition to the payment of the refund value, the initiator of the deposit under
    section 3103, subsection 3 shall reimburse the dealer or redemption center for the cost
    of handling beverage containers subject to section 3103 in an amount that equals at
    least 3¢ per returned container for containers picked up by the initiator before March
    1, 2004, at least 3 1/2¢ for containers picked up on or after March 1, 2004 and before
    March 1, 2010, at least 4¢ for containers picked up on or after March 1, 2010 and before
    January 1, 2020 and, at least 4 1/2¢ for containers picked up on or after January 1, 2020
    and before May 1, 2023, at least 5 1/2¢ for containers picked up on or after May 1,
    2023 and before September 1, 2023 and at least 6¢ for containers picked up on or after
    September 1, 2023. The initiator of the deposit may reimburse the dealer or redemption
    center directly or indirectly through a contracted agent or through a party with which
    it has entered into a commingling agreement.
    Sec. 2. Appropriations and allocations. The following appropriations and
allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Alcoholic Beverages - General Operation 0015
Initiative: Provides allocations for the State’s cost as an initiator of deposit for spirits for
an increase in the reimbursement rate paid to a dealer or local redemption center of 1¢ per
returned beverage container beginning May 1, 2023 and another 1/2¢ beginning September
1, 2023.
STATE ALCOHOLIC BEVERAGE                           2022-23           2023-24           2024-25
FUND
 All Other                                         $52,959          $450,155         $514,766
                                               __________        __________       __________
STATE ALCOHOLIC BEVERAGE                           $52,959          $450,155         $514,766
FUND TOTAL
    Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
                                     Page 2 - 131LR0197(03)
Statutes affected: 
Bill Text LD 134, SP 73: 38.3106
Bill Text ACTPUB , Chapter 48: 38.3106