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Resolve, To Support Municipal Recycling Programs
Sec. 1 Development of product stewardship law for packaging. Resolved: That the Department of Environmental Protection shall develop legislation establishing an extended producer responsibility law for packaging in the State. The proposed legislation must, to the greatest extent practicable, adhere to the product stewardship framework law established in the Maine Revised Statutes, Title 38, chapter 18 and must include, but is not limited to:
1. A definition of "packaging" that covers, at a minimum, materials used to wrap or protect consumer goods, including food and personal care products, and containers and packaging used in the shipping, storage, protection and marketing of consumer products;
2. A definition of "producer" that clearly identifies the person ultimately financially responsible;
3. Exemptions for small producers and for product packaging that is already covered under Maine's beverage container redemption law;
4. An allowance for producers to voluntarily participate in the program if not required by the law;
5. Provisions for the establishment of a nonprofit stewardship organization of producers of packaging to support the State's municipal solid waste management programs. The agreement establishing the stewardship organization must require producers to:
A. Cover at least 80% of the cost of recycling packaging material sold in the State that is not readily recyclable;
B. Provide per capita reimbursement payments to municipalities for nonrecyclable packaging to help municipalities cover the cost of packaging needing disposal; and
C. Invest in waste reduction and recycling education and infrastructure;
6. A requirement that the stewardship organization establish an equitable funding scheme among covered producers that encourages better packaging design in which:
A. Producers pay higher fees for packaging materials sold into the market that are not readily recyclable, are made of multiple materials or are toxic, in order to discourage the creation of materials needing disposal; and
B. Producers pay lower fees for packaging materials sold into the market that are of higher value reusable components and that contain higher percentages of recycled content to ensure that the stewardship program supports a strong recycling economy;
7. A description of the preferred methods to be used for regular data collection and reporting and recycling rate and contamination calculations in order that:
A. There is transparency and accountability in assessing the success of the program;
B. The costs of collecting and reporting data are paid for by the stewardship organization; and
C. There is consistency with internationally accepted standards and there is sufficient information to evaluate the effectiveness of the program;
8. Creation of incentives for municipalities and producers to reach predetermined performance goals based on reporting and data collection as described in subsection 7; and
9. Establishment of a method by which producers can protect themselves against producers that fail to register with a program. These methods may include private right of action, requirements that online retailers of packaging be responsible for paying into a fund in support of the program if the products they sell are from producers who are not part of the stewardship program or other strategies that ensure fairness and full compliance.
Sec. 2 Proposed legislation. Resolved: That the Department of Environmental Protection shall submit proposed legislation pursuant to section 1 to the Joint Standing Committee on Environment and Natural Resources no later than December 16, 2019. The joint standing committee is authorized to report out a bill relating to the proposal to the Second Regular Session of the 129th Legislature.