MELD-1467Enacted

An Act To Promote A Circular Economy Through Increased Post-Consumer Recycled Plastic Content In Plastic Beverage Containers

Jurisdiction:
Maine
Type:
Recycled Content
Last action:
Apr 25, 2022
Plastic Packaging
Next steps for producers

Confirm your obligations under this measure and track its implementing rules

Next deadline: Jan 1, 2031

Applies toA person, partnership, association, corporation or other entity that, through its own action or through contract or control of another entity, is primarily responsible for the production of a beverage held in a plastic…

Obligations under this law
  • ·Beginning January 1, 2026 through December 31, 2030: ensure that the total number of plastic beverage containers sold, offered for sale, or distributed for sale in Maine contain, on average and in the aggregate, at least 25% post-consumer recycled plastic
  • ·Beginning January 1, 2031: ensure that the total number of plastic beverage containers sold, offered for sale, or distributed for sale in Maine contain, on average and in the aggregate, at least 30% post-consumer recycled plastic
  • ·Submit annual report to the department by April 1, 2024 and annually thereafter identifying by resin type (where applicable): amount by weight in pounds of post-consumer recycled plastic, amount by weight in pounds of non-post-consumer recycled plastic, and percentage of post-consumer recycled plastic in total weight of all plastic beverage containers sold in Maine in the prior calendar year
Program page →

No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.

Bill focuses on recycled content mandates for plastic beverage containers rather than producer responsibility, product stewardship, or circular economy mechanisms characteristic of EPR legislation.
Covered Products
  • ·Nonrefillable plastic beverage containers composed wholly or in large part of plastic; excludes beverage caps screwed onto or affixed to nonrefillable beverage containers
Producer Obligations
  • ·Beginning January 1, 2026 through December 31, 2030: ensure that the total number of plastic beverage containers sold, offered for sale, or distributed for sale in Maine contain, on average and in the aggregate, at least 25% post-consumer recycled plastic
  • ·Beginning January 1, 2031: ensure that the total number of plastic beverage containers sold, offered for sale, or distributed for sale in Maine contain, on average and in the aggregate, at least 30% post-consumer recycled plastic
  • ·Submit annual report to the department by April 1, 2024 and annually thereafter identifying by resin type (where applicable): amount by weight in pounds of post-consumer recycled plastic, amount by weight in pounds of non-post-consumer recycled plastic, and percentage of post-consumer recycled plastic in total weight of all plastic beverage containers sold in Maine in the prior calendar year
  • ·Pay annual registration fee (not to exceed $250) at the time of submitting the annual report
  • ·If using regional/territorial data instead of Maine-specific data, prorate that data to Maine-specific figures based on market share or population and document the methodology in the annual report
  • ·Cooperate with department audits or other actions to verify accuracy of reported data
  • ·Identify any proprietary information submitted to the department as such
  • ·Submit a corrective action plan if required by the department as a condition of a penalty waiver or reduction
Exemptions
  • ·Beverage caps screwed onto or otherwise affixed to nonrefillable beverage containers are excluded from the definition of plastic beverage container
  • ·Post-industrial plastic and pre-consumer plastic do not qualify as post-consumer recycled plastic
  • ·Department may grant a reduction in or waiver from administrative penalties upon manufacturer request, considering anomalous market conditions, disruption in or lack of supply of post-consumer recycled plastic, and manufacturer efforts to acquire post-consumer recycled plastic
Key Deadlines
Apr 1, 2024reporting: First annual report due covering prior calendar year plastic beverage container sales and post-consumer recycled plastic content
Jan 1, 2026compliance: 25% post-consumer recycled plastic content requirement takes effect
Jan 1, 2031compliance: 30% post-consumer recycled plastic content requirement takes effect
—reporting: Annual reports due April 1 each year thereafter covering the prior calendar year
—fee_payment: Annual registration fee (not to exceed $250) due at time of annual report submission
Producer Definition
A person, partnership, association, corporation or other entity that, through its own action or through contract or control of another entity, is primarily responsible for the production of a beverage held in a plastic beverage container for sale or distribution in Maine
Fee Structure
Flat: Annual registration fee set by the department, not to exceed $250 per manufacturer per year, designed to offset the department's costs of administering and overseeing the section
Enforcement
Maine Department of Environmental Protection: Administrative penalty calculated as: (total plastic weight in pounds × required PCR percentage) minus (actual PCR plastic weight in pounds) × $0.20 per pound of shortfall; penalty is zero if calculated figure is zero or negative; penalties are recoverable in an adjudicatory proceeding; penalty revenue offsets department administration/enforcement costs, with excess deposited in the Maine Solid Waste Management Fund; department may grant reductions or waivers upon manufacturer request
Preemption Notes
No preemption provisions identified in the bill; bill is state-specific and does not reference federal preemption
Compliance Dimensions
Recycled-Content MinimumsPlastic beverage containers

“An Act To Promote a Circular Economy through Increased Post-consumer Recycled Plastic Content in Plastic Beverage Containers”

Tracking dates like these across a whole portfolio of jurisdictions is what Upcoming Deadlines does.

Full bill text

New Search Summary Actions Bill Text and Other Docs Committee Info Title & Section Amendments Sponsors Roll-calls Subjects State of Maine Legislature Actions for LD 1467 Bill Info LD 1467 (HP 1083) "An Act To Promote a Circular Economy through Increased Post-consumer Recycled Plastic Content in Plastic Beverage Containers" Sponsored by Representative Victoria Doudera Date Chamber Action 4/8/2021 House Received by the Clerk of the House on April 8, 2021. The Bill was REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 6/15/2021 House CONSENT CALENDAR - FIRST DAY Under suspension of the rules CONSENT CALENDAR - SECOND DAY. The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-622) . Sent for concurrence. ORDERED SENT FORTHWITH. 6/15/2021 Senate Report READ and ACCEPTED , in concurrence. READ ONCE . Committee Amendment "A" (H-622) READ and ADOPTED , in concurrence. Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (H-622), in concurrence. Ordered sent down forthwith. 6/16/2021 House PASSED TO BE ENACTED . Sent for concurrence. ORDERED SENT FORTHWITH. 6/17/2021 Senate On motion by Senator BREEN of Cumberland PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending PASSAGE TO BE ENACTED , in concurrence. 7/19/2021 Senate CARRIED OVER , in the same posture, to any special or regular session of the 130th Legislature, pursuant to Joint Order HP 1302 4/25/2022 Senate On Motion by Senator BREEN of Cumberland taken from the SPECIAL APPROPRIATIONS TABLE. Subsequently PASSED TO BE ENACTED in concurrence Related Links House Senate Legislature Other Home Calendar Debate Members House Rules E-Mail Webmaster Home Calendar Debate Members Senate Rules E-Mail Webmaster Home Calendar Joint Rules E-Mail Webmaster State of Maine Home Session Information Glossary of Terms

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