Maine 2013 bill text

SP0045 (LD 124)

An Act To Amend the Bottle Redemption Laws

The following text was found at http://www.mainelegislature.org/legis/bills/bills_126th/billtexts/SP004501.asp

Sec. 1. 32 MRSA §1871-A, sub-§3,  as enacted by PL 2009, c. 405, §7, is amended to read:

HP0200 (LD 291)

An Act To Transfer Responsibility for the Returnable Beverage Container Laws from the Department of Agriculture, Conservation and Forestry to the Department of Environmental Protection

The following text was found at http://www.mainelegislature.org/legis/bills/bills_126th/billtexts/HP020001.asp

Sec. 1. 32 MRSA §1862, sub-§3,  as amended by PL 1979, c. 731, §19 and PL 2011, c. 657, Pt. W, §6, is further amended to read:

Sec. 2. 32 MRSA §1862, sub-§6,  as amended by PL 1979, c. 731, §19 and PL 2011, c. 657, Pt. W, §5, is further amended to read:

Sec. 3. Transition. The following provisions govern the transfer of the administration of the provisions regarding returnable beverage containers under the Maine Revised Statutes, Title 32, chapter 28 from the Department of Agriculture, Conservation and Forestry to the Department of Environmental Protection.

1. The Department of Environmental Protection is the successor in every way to the powers, duties and functions of the Department of Agriculture, Conservation and Forestry under Title 32, chapter 28.

2. All existing rules, regulations and procedures in effect, in operation or adopted by the Department of Agriculture, Conservation and Forestry or any of its administrative units or officers pursuant to Title 32, chapter 28 are hereby declared in effect and continue in effect until rescinded, revised or amended by the proper authority.

3. All existing contracts, agreements and compacts in effect under the authority of the Department of Agriculture, Conservation and Forestry under Title 32, chapter 28 continue in effect.

4. Any positions authorized and allocated subject to the personnel laws to the Department of Agriculture, Conservation and Forestry for the purposes of Title 32, chapter 28 are transferred to the Department of Environmental Protection and may continue to be authorized.

5. All records, property and equipment belonging to or allocated for the use of the Department of Agriculture, Conservation and Forestry for the purposes of Title 32, chapter 28 become, on the effective date of this Act, part of the property of the Department of Environmental Protection.

6. All existing forms, licenses, letterheads and similar items bearing the name of or referring to the Department of Agriculture, Conservation and Forestry used for the purposes of Title 32, chapter 28 may be used by the Department of Environmental Protection until existing supplies of those items are exhausted.

HP 0793 (Adopted version)

An Act To Promote the Production of Maine Beverages

This text was found at http://www.mainelegislature.org/legis/bills/bills_126th/billtexts/HP079301.asp
Earlier versions can be found at http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=1121&PID=1456&snum=126

SP 0362 (Adopted version)

An Act To Improve Efficiency in the Collection of Beverage Containers

This text was found at http://www.mainelegislature.org/legis/bills/bills_126th/chapters/PUBLIC275.asp
Earlier versions can be found at http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=1080&PID=1456&snum=126

An Act To Improve Efficiency in the Collection of Beverage Containers

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

Sec. 1. 32 MRSA §1866, sub-§5,  as amended by PL 2003, c. 499, §7, is further amended to read:

5. Obligation to pick up containers.   The obligation to pick up beverage containers subject to this chapter is determined as follows.

A. A distributor that initiates the deposit under section 1863-A, subsection 2 or 4 has the obligation to pick up any empty, unbroken and reasonably clean beverage containers of the particular kind, size and brand sold by the distributor from dealers to whom that distributor has sold those beverages and from licensed redemption centers designated to serve those dealers pursuant to an order entered under section 1867. A distributor that, within this State, sells beverages under a particular label exclusively to one dealer, which dealer offers those labeled beverages for sale at retail exclusively at the dealer's establishment, shall pick up any empty, unbroken and reasonably clean beverage containers of the kind, size and brand sold by the distributor to the dealer only from those licensed redemption centers that serve the various establishments of the dealer, under an order entered under section 1867. A dealer that manufactures its own beverages for exclusive sale by that dealer at retail has the obligation of a distributor under this section. The commissioner may establish by rule, in accordance with the Maine Administrative Procedure Act, criteria prescribing the manner in which distributors shall fulfill the obligations imposed by this paragraph. The rules may establish a minimum number or value of containers below which a distributor is not required to respond to a request to pick up empty containers. Any rules promulgated under this paragraph must allocate the burdens associated with the handling, storage and transportation of empty containers to prevent unreasonable financial or other hardship.

B. The initiator of the deposit under section 1863-A, subsection 3 has the obligation to pick up any empty, unbroken and reasonably clean beverage containers of the particular kind, size and brand sold by the initiator from dealers to whom a distributor has sold those beverages and from licensed redemption centers designated to serve those dealers pursuant to an order entered under section 1867. The obligation may be fulfilled by the initiator directly or indirectly through a contracted agent.

C. An initiator of the deposit under section 1863-A, subsection 2, 3 or 4 has the obligation to pick up any empty, unbroken and reasonably clean beverage containers that are commingled pursuant to a commingling agreement along with any beverage containers that the initiator is otherwise obligated to pick up pursuant to paragraphs A and B.

D.  The initiator of deposit or initiators of deposit who are members of a commingling agreement have the obligation under this subsection to pick up empty, unbroken and reasonably clean beverage containers of the particular kind, size and brand sold by the initiator from dealers to whom a distributor has sold those beverages and from licensed redemption centers designated to serve those dealers every 15 days. The initiator of deposit or initiators of deposit who are members of a commingling agreement have the obligation to make additional pickups when a redemption center has collected 10,000 beverage containers from that initiator of deposit or from the initiators of deposit who are members of a commingling agreement.

The obligation of the initiator of the deposit under this subsection may be fulfilled by the initiator directly or through a party with which it has entered into a commingling agreement. A contracted agent hired to pick up beverage containers for one or more initiators of deposit is deemed to have made a pickup at a redemption center for those initiators of deposit when it picks up beverage containers belonging to those initiators of deposit.

Sec. 2. Rulemaking; audits. The Department of Agriculture, Conservation and Forestry shall adopt rules for conducting audits on beverage containers presented to distributors by redemption centers as ready for redemption under the Maine Revised Statutes, Title 32, chapter 28. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Beverage Container Enforcement Fund 0971

Initiative: Provides a one-time allocation for rulemaking.

OTHER SPECIAL REVENUE FUNDS	2013-14	2014-15
All Other	$2,614	$0
OTHER SPECIAL REVENUE FUNDS TOTAL	$2,614	$0