JOINT STUDY ORDER ESTABLISHING THE COMMITTEE TO STUDY REIMBURSEMENT RATES FOR MAINE'S BOTTLE REDEMPTION BUSINESSES AND OTHER ISSUES RELATED TO THE HANDLING AND COLLECTION OF RETURNABLE CONTAINERS
WHEREAS, the reimbursement rate for the cost of the handling of beverage containers by local redemption centers has not been increased since 1990; and
WHEREAS, this reimbursement rate is established in law by the Legislature; and
WHEREAS, the number and complexity of issues surrounding the handling and collection of returnable containers require the collection of additional data before an informed decision on a change in the rate for reimbursement of handling costs can be made; and
WHEREAS, the Legislature would benefit from a comprehensive study of reimbursement rates for container redemption businesses and other related issues; now, therefore, be it
ORDERED, the House concurring, that the Committee to Study Reimbursement Rates for Maine's Bottle Redemption Businesses and Other Issues Related to the Handling and Collection of Returnable Containers is established as follows.
1. Committee established. The Committee to Study Reimbursement Rates for Maine's Bottle Redemption Businesses and Other Issues Related to the Handling and Collection of Returnable Containers, referred to in this order as the "committee," is established.
2. Membership. The committee consists of 13 members appointed as follows:
A. One member of the Senate, appointed by the President of the Senate;
B. Two members of the House of Representatives, appointed by the Speaker of the House;
C. Three members representing owners or operators of bottle redemption centers currently operating in the State, appointed by the President of the Senate;
D. Two members representing bottling companies, one of whom represents microbreweries, appointed by the Speaker of the House;
E. Two members representing beverage distributorships operating in the State, appointed by the President of the Senate;
F. One member representing recycling firms operating in the State, appointed by the Speaker of the House;
G. One member representing 3rd-party collection agents, appointed by the President of the Senate; and
H. One member representing an association of grocery stores with membership in the State, appointed by the Speaker of the House.
3. Appointments; cochairs. All appointments must be made no later than 30 days following passage of this joint study order. The appointing authorities shall notify the Executive Director of the Legislative Council upon making their appointments. The Senator named to the committee serves as Senate chair and the first named House member serves as House chair. When the appointment of all members is completed, the chairs of the committee shall call and convene the first meeting of the committee no later than 15 days after the last member is appointed.
4. Duties. The committee shall study reimbursement rates for Maine's bottle redemption businesses and other issues related to the handling and collection of returnable containers. In examining these issues, the committee shall:
A. Study the current operational costs of redemption centers to determine whether or not an increase in the reimbursement rate for handling costs is necessary and, if an increase is necessary, recommend the amount of the increase;
B. Identify the interrelationships between beverage producers, distributors and redemption centers concerning the collection of returnable containers, review the current laws governing redemption centers and recommend any changes that will improve the efficiency and effectiveness of current bottle redemption and collection processes;
C. Identify and investigate changes in technology relating to handling and recycling returnable containers that might assist bottle redemption centers in making their operations more efficient;
D. Consult with representatives of the Department of Economic and Community Development and the Finance Authority of Maine to identify programs and funding sources to assist redemption centers in upgrading their operations;
E. Investigate the nature and extent of fraudulent redemptions, review current state laws governing the illegal redemption of beverage containers not purchased in this State and make recommendations on ways to reduce or eliminate this activity; and
F. Consider whether or not the State should continue to set the reimbursement rate for redemption centers for handling costs.
5. Technical and staff assistance. Upon approval of the Legislative Council, the Office of Policy and Legal Analysis shall provide necessary staffing services to the committee. The Department of Agriculture, Food and Rural Resources, the Department of Economic and Community Development, the Finance Authority of Maine and the State Planning Office shall provide technical assistance to the committee upon request by the chairs.
6. Reimbursement. Members of the committee who are Legislators are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for travel and other necessary expenses for their attendance at authorized meetings of the committee. Public members not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement of necessary expenses for their attendance at authorized meetings of the committee.
7. Committee budget. The chairs of the committee, with assistance from the committee staff, shall administer the committee's budget. Within 10 days after its first meeting, the committee shall present a work plan and proposed budget to the Legislative Council for its approval. The committee may not incur expenses that would result in the committee's exceeding its approved budget.
8. Report. The committee shall submit a report that includes its findings and recommendations including suggested legislation to the Joint Standing Committee on Business and Economic Development and the Legislative Council by December 5, 2001. Following receipt and review of the report, the Joint Standing Committee on Business and Economic Development may report out a bill to the Second Regular Session of the 120th Legislature to implement the committee's recommendations. If the committee requires a limited extension of time to conclude its study and to make its report, it may apply to the Legislative Council, which may grant the extension.
Passed by the House of Representatives June 21, 2001 and the Senate June 21, 2001.
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