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Resolve, To Study Initiatives To Increase Recycling in Maine
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  recycling conserves valuable natural resources, energy, landfill capacity and landfill disposal costs, prevents greenhouse gas emissions and litter, creates jobs and promotes a conservation ethic; and
Whereas,  in 1989 the Legislature established a goal to achieve a recycling rate of 50%; and
Whereas,  recycling rates in Maine have leveled off at approximately 38% and have remained at that level for many years; and
Whereas,  Maine's laws regarding returnable beverage containers have resulted in the development of parallel recycling systems, one for beverage containers and another for other recyclable packaging and printed materials; and
Whereas,  Maine's laws regarding returnable beverage containers address less than 4% of the State's solid waste stream; 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
Sec. 1 Stakeholder group. Resolved: That the Executive Department, State Planning Office shall convene a stakeholder group to analyze the beverage container recycling program in the State in the context of overall recycling rates. The department shall invite the participation of the Maine Beer and Wine Distributors Association, the Maine Beverage Association, the Natural Resources Council of Maine, the Maine Audubon Society, the Maine Municipal Association, a nonprofit waste management company, a for-profit waste management company and a licensed redemption center; and be it further
Sec. 2 Issues to review. Resolved: That the stakeholder group convened under section 1 shall review and analyze:
1. The programs for recovering municipal solid waste in Maine. The description and analysis must focus on those recovery systems funded by consumers and taxpayers, including municipal recovery infrastructure, such as curbside and drop-off programs, and the deposit and refund system for selected beverage containers.
A. The descriptions must estimate the scope of coverage of these programs, focusing on the number of individuals and households served by various types of programs, such as single-stream and dual-stream curbside recycling, and the types and amount of solid waste targeted by and recovered through these programs.
B. The analysis must include the costs and benefits of municipal solid waste recovery systems. Costs must include both operating costs of the system and costs to participants. Benefits must include the amount of solid waste diverted from disposal and the associated economic and environmental gains;
2. The opportunities for and barriers to improving recycling rates in this State. In assessing opportunities, the group shall evaluate trends in municipal solid waste recovery systems in the United States and other developed markets to identify trends in program delivery and funding. The group shall identify costs and benefits of implementing changes, including increased recovery rates, capital and other transition costs, operating costs, consumer costs and other financial and technical barriers to enhanced recovery of municipal solid waste; and
3. Current litter control efforts in the State and opportunities for and barriers to reducing all types of litter in public spaces, roads, parks and beaches throughout the State; and be it further
Sec. 3 Report. Resolved: That the Executive Department, State Planning Office shall submit a report, based on the stakeholder group's findings under section 2, with any recommended changes to the beverage container recycling program to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters by January 15, 2013; and be it further
Sec. 4 Funding sources. Resolved: That the review and analysis described in section 2 and the report described in section 3 must be funded through private funds received by the State from outside sources and dedicated to increasing recycling in Maine. The stakeholder group described in section 1 shall administer private funds received with respect to the tasks identified in sections 2 and 3. The stakeholder group has sole discretion to determine how private funds received to conduct this review and analysis are spent. The stakeholder group may rely upon existing data, other studies and any other information it considers pertinent in order to complete the review and analysis described in section 2 and the report described in section 3.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This resolve directs the Executive Department, State Planning Office to convene a stakeholder group to analyze the beverage container recycling program in the State in the context of the State's municipal solid waste recycling program and to report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters by January 15, 2013.