APPROVED CHAPTER
MARCH 6, 2024 529
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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H.P. 1358 - L.D. 2134
An Act Regarding Responsibility for Activities Intended to Increase the Use
of Refillable and Reusable Beverage Containers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §3107, sub-§3-B, ¶F-1 is enacted to read:
F-1. After consultation with the department and interested persons, the cooperative
shall contract with a 3rd-party entity to complete a study by July 15, 2026 to determine
the feasibility of achieving goals of 5% refillable and reusable beverage containers sold
in the State by 2030, by 2040 and by 2050 and 10% refillable and reusable beverage
containers sold in the State by 2030, by 2040 and by 2050 and to determine the
infrastructure and investments that would be necessary to support those goals and shall
provide the results of the study, along with any related recommendations, to the
department. After reviewing the results of the study and any recommendations of the
cooperative, the department shall include the results of the study, along with any
additional comments or recommendations from the department, in the report required
by section 3115, subsection 3 that is due by February 15, 2027.
Sec. 2. 38 MRSA §3108-A, sub-§2, ¶B, as enacted by PL 2023, c. 482, §28 and
affected by §43, is amended by amending subparagraph (4) to read:
(4) Reimbursement to dealers and redemption centers of the costs of plastic bags
pursuant to section 3106, subsection 9; and
Sec. 3. 38 MRSA §3108-A, sub-§2, ¶B, as enacted by PL 2023, c. 482, §28 and
affected by §43, is amended by enacting a new subparagraph (4-A) to read:
(4-A) Funding of activities and infrastructure designed to increase the use of
refillable and reusable beverage containers and reusable beverage packaging in the
State. The cooperative may expend funds under this subparagraph to support
activities and infrastructure designed to increase the use of other types of reusable
packaging in the State. The cooperative shall make available a minimum of
$500,000 per calendar year for these activities, which may include, but are not
limited to:
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 (a) Activities and infrastructure relating to the development and
implementation of models for refillable beverage container washing
techniques, including, but not limited to, mobile washing stations, in-house
washing stations and the establishment of a fixed washing facility in the State;
(b) Development of or other activities relating to container, adhesive and label
options for refillable beverage containers; and
(c) Outreach to manufacturers, retailers, restaurants and consumers regarding
the benefits of refillable beverage containers and the methods available for
ensuring such containers may be safely reused; and
Sec. 4. 38 MRSA §3108-A, sub-§2, ¶B, as enacted by PL 2023, c. 482, §28 and
affected by §43, is amended by amending subparagraph (5) to read:
(5) Payment of $1,000,000 $500,000 annually to the department for deposit into
and use in accordance with the Cost and Carbon Efficient Technology Fund
established in section 3114‑A.
The cooperative shall include in its annual report required under section 3107,
subsection 3‑B, paragraph E any recommendations for a reduction in or other
amendment to the payment required under this subparagraph that the cooperative
believes necessary due to a reduction in the amount of unclaimed deposits available
for expenditure in accordance with paragraph C, a surplus of undistributed funding
within the Cost and Carbon Efficient Technology Fund established in section
3114‑A or for other reasons specified by the cooperative.
Sec. 5. 38 MRSA §3114-A, sub-§3, as enacted by PL 2023, c. 482, §37, is amended
to read:
3. Application of fund. Money in the fund must be used by the department to provide
grants to persons to lease or purchase technology designed to improve operational
efficiency and reduce greenhouse gas emissions from trucking or to support activities
designed to increase the use of reusable and refillable beverage containers and other
reusable and refillable packaging in the State.
A. The lease or purchase of technology designed to improve operational efficiency
and reduce greenhouse gas emissions from trucking using a grant from the fund is
limited to automated beverage container counting, compacting and sorting systems
capable of validating the count of beverage containers processed and compacting and
sorting processed containers in preparation for pickup, including, but not limited to,
reverse vending machines as well as activities associated with the installation of that
technology, including, but not limited to, electrical system upgrades, building or
infrastructure modifications and Internet connection to a central system administrator
as necessary.
B. Activities designed to increase the use of reusable and refillable beverage containers
and other reusable and refillable packaging in the State using a grant from the fund are
limited to:
(1) Activities relating to the development and implementation of, including the
purchase of necessary materials and supplies for, pilot projects to determine
options for financially viable models for refillable beverage container washing
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 techniques, including, but not limited to, mobile washing stations, shipment of
containers to washing facilities outside the State, in-house washing stations and
establishment of a fixed washing facility in the State;
(2) Development of or other activities relating to container, adhesive and label
options for refillable beverage containers capable of being used by manufacturers
of different types of beverages; and
(3) Outreach and education activities for manufacturers, retailers, restaurants and
consumers regarding the financial and environmental benefits of refillable
beverage containers and regarding the processes and methods available for
ensuring such containers may be safely reused.
C. Notwithstanding any provision of this section to the contrary, using money from
the fund, the department shall contract with a 3rd-party entity to complete a study by
July 15, 2026 regarding the feasibility of achieving goals of 5% reusable, refillable
beverage containers marketed in the State and 10% reusable, refillable beverage
containers marketed in the State and to determine the infrastructure and investments
that would be necessary to support those goals. The department shall include the results
of the feasibility study, along with any additional comments or recommendations from
the department, in the report required by section 3115, subsection 3 that is due February
15, 2027.
D. Notwithstanding any provision of this section to the contrary, using money from
the fund, the department shall provide reimbursement of beverage container costs or
other financial losses to eligible distributors in accordance with section 3106,
subsection 5‑A, paragraph D.
This paragraph is repealed January 1, 2026.
E. A grant issued by the department from the fund must cover at least 25% of the
anticipated cost of the technology leased or purchased or activities supported as
identified in the grant application.
F. The department shall administer the fund and, after consultation with the
cooperative and its advisory group established pursuant to section 3107, subsection
3‑B, paragraph A, shall establish the application process and procedures for issuance
of grants from the fund. The department shall consult with the cooperative and its
advisory group in reviewing and approving grant applications submitted under this
section.
Sec. 6. 38 MRSA §3115, sub-§3, ¶B, as enacted by PL 2023, c. 482, §39, is
amended by amending subparagraph (2) to read:
(2) Information regarding the status of the Cost and Carbon Efficient Technology
Fund under section 3114‑A, including, but not limited to, information regarding
the number and amount of grants issued under that fund, information on the
recipients of those grants and the technology or activities that those grants were
used to support.
Sec. 7. Effective date. Those sections of this Act that amend the Maine Revised
Statutes, Title 38, section 3108-A, subsection 2, paragraph B, subparagraphs (4) and (5)
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and that enact Title 38, section 3108-A, subsection 2, paragraph B, subparagraph (4-A) take
effect October 15, 2024.
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Statutes affected:
Bill Text LD 2134, HP 1358: 38.3108, 38.3114, 38.3115
Bill Text ACTPUB , Chapter 529: 38.3108, 38.3114, 38.3115