An Act To Update Beverage Container Deposits and Redemption Values
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §3103, sub-§§1 to 3, as enacted by PL 2015, c. 166, §14, are amended to read:
1. Refillable containers. For refillable beverage containers, except wine and spirits containers, the manufacturer shall determine the deposit and refund value according to the type, kind and size of the beverage container. The deposit and refund value may not be less than 5¢ 15¢.
2. Nonrefillable containers; exclusive distributorships. For nonrefillable beverage containers, except wine and spirits containers, sold through geographically exclusive distributorships, the distributor shall determine and initiate the deposit and refund value according to the type, kind and size of the beverage container. The deposit and refund value may not be less than 5¢ 15¢.
3. Nonrefillable containers; nonexclusive distributorships. For nonrefillable beverage containers, except wine and spirits containers, not sold through geographically exclusive distributorships, the deposit and refund value may not be less than 5¢ 15¢.
Sec. 2. 38 MRSA §3103, sub-§4, as amended by PL 2017, c. 140, §1 and affected by §3, is further amended to read:
4. Wine and spirits containers. For wine and spirits containers of 50 milliliters or less, the refund value may not be more than 5¢ 15¢. For wine and spirits containers of greater than 50 milliliters, the refund value may not be less than 15¢ 45¢.
Sec. 3. 38 MRSA §3105, sub-§4, as enacted by PL 2015, c. 166, §14, is amended to read:
4. Brand name. Refillable glass beverage containers of carbonated beverages, for which the deposit is initiated under section 3103, subsection 1, that have a refund value of not less than 5¢ 15¢ and a brand name permanently marked on the container are not required to comply with subsection 1. The exception provided by this subsection does not apply to glass beverage containers that contain spirits, wine or malt liquor as those terms are defined by Title 28-A, section 2.
Sec. 4. 38 MRSA §3106, sub-§7, as enacted by PL 2015, c. 166, §14, is amended to read:
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 local 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 and , at least 4¢ for containers picked up on or after March 1, 2010 and before January 1, 2020 and at least 12¢ for containers picked up on or after January 1, 2020. The initiator of the deposit may reimburse the dealer or local 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 local 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 and , at least 4¢ for containers picked up on or after March 1, 2010 and before January 1, 2020 and at least 12¢ for containers picked up on or after January 1, 2020. The initiator of the deposit may reimburse the dealer or local redemption center directly or indirectly through a contracted agent or through a party with which it has entered into a commingling agreement.
C. The reimbursement that the initiator of the deposit is obligated to pay the dealer or redemption center pursuant to paragraph A or B must be reduced by 1/2¢ for any returned container that is subject to a qualified commingling agreement that allows the dealer or redemption center to commingle beverage containers of like product group, material and size. A commingling agreement is qualified for purposes of this paragraph if the department determines that 50% or more of the beverage containers of like product group, material and size for which the deposits are being initiated in the State are covered by the commingling agreement or that the initiators of deposit covered by the commingling agreement are initiators of deposit for wine containers who each sell no more than 100,000 gallons of wine or 500,000 beverage containers that contain wine in a calendar year. Once the initiator of deposit has established a qualified commingling agreement for containers of a like product group, material and size, the department shall allow additional brands to be included from a different product group if they are of like material. The State, through the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, shall make every reasonable effort to enter into a qualified commingling agreement under this paragraph with every other initiator of deposit for beverage containers that are of like product group, size and material as the beverage containers for which the State is the initiator of deposit.
D. Paragraphs A, B and C do not apply to a brewer who annually produces no more than 50,000 gallons of its product or a bottler of water who annually sells no more than 250,000 containers each containing no more than one gallon of its product. In addition to the payment of the refund value, an initiator of deposit under section 3103, subsections 1 to 4 who is also a brewer who annually produces no more than 50,000 gallons of its product or a bottler of water who annually sells no more than 250,000 containers each containing no more than one gallon of its product shall reimburse the dealer or local redemption center for the cost of handling beverage containers subject to section 3103 in an amount that equals at least 3¢ per returned container , except that, beginning January 1, 2020, the initiator of deposit shall reimburse the dealer or local redemption center at least 9¢ per returned container.
summary
This bill:
1. Increases to 15¢ the deposit and refund value on refillable and nonrefillable beverage containers whose deposit and refund value is currently 5¢. The bill also increases from 5¢ to 15¢ the deposit and refund value of wine and spirits containers of 50 milliliters or less, and from 15¢ to 45¢ the deposit and refund value of wine and spirits containers of greater than 50 milliliters; and
2. Triples the amount per returned container of reimbursement to the dealer or local redemption center for the cost of handling beverage containers beginning January 1, 2020.