An Act To Protect Public Health and the Environment by Providing for a System of Shared Responsibility for the Safe Collection and Recycling of Electronic Waste LR2752(02)
Maine Legislature, Session 121, LD 1892
Committee Amendment CA_A_H861 (House)
Amends: 38 MRSA §1310-B, 38 MRSA §1609

COMMITTEE AMENDMENT ·fi" to H.P. 1402, L.D. 1892, Bill, 
Act To Protect Public Health and the Environment by Providing 
a System of Shared Responsibility for the Safe Collection 
Recycling of Electronic Waste" 
"An 
for 
and 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 38 MRSA §1310-B, sub-§2, as amended by PL 2001, c. 
373, §1, is further amended to read: 
2. 
Hazardous 
waste 
information 
and 
information 
on 
mercury-added 
products 
and 
e1ectronic 
devices. 
Information 
relating to hazardous waste submitted to the department under 
this 
subchapter 
9!:'L 
information 
relating 
to 
mercury-added 
products 
submitted to 
the 
department 
under 
chapter 
16-B or 
information relating to electronic 
devices 
submitted to 
the 
department under section 1609, subsection 6, paragraph B may be 
designated by the person submitting it as being only for the 
confidential use of the department, its agents and employees, the 
Department of Agriculture, 
Food and Rural 
Resources 
and the 
Department of Human Services and their agents 
and employees, 
other 
agencies 
of 
State 
Government, 
as 
authorized 
by 
the 
Governor, employees of the United States Environmental Protection 
Agency and the Attorney General and employees of the municipality 
in which the aasa!:'a9~6 waste is located. The designation must be 
clearly indicated on each page or other portion of information. 
The 
commissioner 
shall 
establish 
procedures 
to 
insure 
that 
information so designated is segregated from public records of 
the department. The department's public records must include the 
indication that information so designated has been submitted to 
the department, giving the name of the person submitting the 
information and the general nature of the information. Upon a 
COMMITTEE AMENDMENT 
".j" 
COMMITTEE AMENDMENT ·A .. to H.P. 1402, L.D. 1892 
request for information, the scope of which includes information 
so 
designated, 
the 
commissioner 
shall notify the 
submittor. 
Within 15 days after receipt of the notice, the submittor shall 
demonstrate 
to the satisfaction of 
the 
department that the 
designated 
information 
should 
not 
be 
disclosed 
because 
the 
information 
is 
a 
trade 
secret, 
production, 
commercial 
or 
financial information, the disclosure of which would impair the 
competitive position of the submittor and would make available 
information not 
otherwise publicly available. 
Unless 
such 
a 
demonstration is made, 
the information must be disclosed and 
becomes 
a 
public 
record. 
The 
department 
may 
grant or 
deny 
disclosure 
for 
the 
whole 
or 
any 
part 
of 
the 
designated 
information requested and within 15 days 
shall give written 
notice of the decision to the submittor and the person requesting 
the designated information. A person aggrieved by a decision of 
the 
department 
may 
appeal 
only 
to 
the 
Superior 
Court 
in 
accordance with the provisions of section 346. All information 
provided 
by 
the 
department 
to 
the 
municipality 
under 
this 
subsection must be confidential and not a public record under 
Title 1, chapter 13. 
In the event a request for such information 
is submitted to the municipality, the municipality shall submit 
that 
request 
to 
the 
commissioner 
to 
be 
processed 
by 
the 
department as provided in this subsection. 
Sec. 2. 38 MRSA §1609 is enacted to read: 
§1609. 
Electronic waste 
1. 
Findings: 
pu~se. 
The 
Legislature 
finds 
that the 
establishment of a 
system to provide for the collection and 
recycling of electronic devices in this State is consistent with 
its duty to protect the health. 
safety and welfare of its 
citizens. enhance and maintain the quality of the environment. 
conserve natural 
resources 
and prevent air, 
water 
and 
land 
pollution. 
The Legislature further finds that such a system is 
consistent with the overall state solid waste management policy 
including its intent to pursue 
and 
implement 
an 
integrated 
approach to solid waste management and to aggressively promote 
waste reduction. reuse and recycling as the preferred methods of 
waste management. 
The Legislature finds that the purpose of this section is to 
establish 
a 
comprehensive 
electronics 
recycling 
system 
that 
ensures the safe and environmentally sound handling. recycling 
and disposal of electronic products and components and encourages 
the design of electronic products and components that are less 
toxic and more recyclable. 
The Legislature further finds that it is the purpose of this 
section to establish an electronics recycling system that is 
COMMITTEE AMENDMENT 
1\.~" 
COMMITTEE AMENDMENT "A" to H.P. 1402, L.D. 1892 
convenient and minimizes 
cost to the 
consumer of electronic 
products and components. 
It is the intent of the Legislature 
that manufacturers of electronic products and components will be 
responsible for ensuring proper handling. recycling and disposal 
of 
discarded 
products 
and 
that 
costs 
associated 
with 
consolidation, 
handling and recycling be internalized by the 
manufacturers of electronic products and components before the 
point of purchase. 
The 
Legislature 
further 
finds 
that 
the 
manufacturers 
of 
electronic products and components should reduce and, 
to the 
extent feasible, 
ultimately phase 
out 
the 
use 
of hazardous 
materials in these products. 
The 
Legislature 
further 
finds 
that 
a 
system 
of 
shared 
responsibility 
for 
the 
collection 
and 
recycling 
of 
covered 
electronic devices among manufacturers. consolidation facilities. 
municipalities 
and other parties is the 
most effective 
and 
equitable 
means 
of achieving the 
purposes 
of this section. 
Manufacturers of electronic devices and components, in working to 
achieve the goals and objectives of this section. should have the 
flexibility to act in partnership with each other. with state, 
municipal 
and 
regional 
governments 
and with businesses 
that 
provide collection and handling services to develop, 
implement 
and promote a safe and effective electronics recycling system for 
the State. 
2. 
Definitions. 
As 
used in this 
section. 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Computer monitor" means 
a 
covered electronic device 
that is a cathode ray tube or flat panel display primarily 
intended to display information from a central processing 
unit or the Internet. 
B. 
"Consolidation 
facility" 
means 
a 
facility 
where 
electronic wastes are consolidated and temporarily stored 
while awaiting shipment of at least a 40-foot trailer full 
of covered electronic devices to a reCYCling, treatment or 
disposal 
facility. 
"Consolidation 
facility" 
includes 
a 
transport 
vehicle 
owned 
or 
leased 
by 
a 
recycling 
and 
dismantling facility with a minimum 40-foot trailer used to 
collect covered electronic devices at municipal collection 
sites in this State. 
C. 
"Covered electronic device" means 
a 
computer central 
processing unit, 
a 
cathode ray tube. 
a 
cathode ray tube 
device, a flat panel display or similar video display device 
with 
a 
screen that is greater 
than 
inches 
measured 
COMMITTEE AMENDMENT 
\\.o\~. 
COMMITTEE AMENDMENT "A< to H.P. 1402, L.D. 1892 
diagonally and that contains one or more circuit boards. 
"Covered electronic device" does not include an automobile, 
a 
household 
appliance. 
a 
large piece of 
commercial 
or 
industrial equipment. such as commercial medical equipment, 
that contains a cathode ray tube, a cathode ray tube device. 
a flat panel display or similar video display device that is 
contained within. and is not separate from, the larger piece 
of equipment, 
or other medical devices as that term is 
defined under the Federal Food, Drug. and Cosmetic Act. 
D. 
"Manufacturer" 
means 
a 
person 
who 
manufactures 
and 
sells. 
by 
any 
means. 
including. 
but 
not 
limited 
to. 
transactions conducted through sales outlets, catalogs or 
the Internet. 
a 
covered electronic device under its own 
brand or sells a covered electronic device produced by other 
suppliers under its own brand and label. 
E. 
"Municipal collection site" means a municipally owned 
solid waste transfer station or recycling center. including 
a facility owned by a 
consortium of municipalities or a 
facility that is under contract with 
a 
municipality or 
consortium 
of 
municipalities 
to 
provide 
solid 
waste 
management services. 
F. 
"Office" means the Executive Department, State Planning 
Office. 
G. 
"Orphan waste" means a covered electronic device. the 
manufacturer of which can not be identified or is no longer 
in business and has no successor in interest. 
H. 
"Recycling" means the use of materials contained in 
previously manufactured goods as feedstock for new products, 
but not for energy recovery or energy generation by means of 
combustion. 
I. 
"Recycling and dismantling facility" means a business 
that processes covered electronic devices for 
reuse 
and 
recycling. 
J. 
"Retailer" means a person who sells a covered electronic 
device in the State to a consumer. 
"Retailer" includes, but 
is not limited to. a manufacturer of a covered electronic 
device who sells directly to a consumer through any means, 
including, 
but 
not 
limited 
to, 
transactions 
conducted 
through sales outlets. catalogs or the Internet, or any 
similar 
electronic 
means. 
but 
not 
including 
wholesale 
transactions with a distributor or other retailer. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "If:: to H.P. 1402, L.D. 1892 
K. 
"Television" means a covered electronic device that is a 
cathode ray tube or flat panel display primarily intended to 
receive video programming via broadcast. cable or satellite 
transmission or video from surveillance or other similar 
cameras. 
3. 
Sales prohibition. 
Beginning 
January 
1. 
2006 
the 
following sales prohibitions apply to manufacturers and retailers. 
A. 
A manufacturer not in compliance with this section is 
prohibited from offering a 
covered electronic device for 
sale in this State. 
A manufacturer not in compliance with 
this 
section 
shall 
provide 
the 
necessary 
support 
to 
retailers to ensure the manufacturer's covered electronic 
devices are not offered for sale in this State. 
B. A retailer may not offer for sale in this State a covered 
electronic 
device 
of 
a 
manufacturer 
that 
is 
not 
in 
compliance with this section. 
4. 
Manufacturer label reqyired. 
Beginning January I. 2005. 
a manufacturer may not offer for sale in this State a covered 
electronic 
device 
unless 
a 
visible. 
permanent 
label clearly 
identifying the manufacturer of that device is affixed to it. 
5. 
Re§ponsibility 
for 
recycling. 
Municipalities. 
consolidation facilities. 
manufacturers 
and 
the 
State 
share 
responsibility for the disposal of covered electronic devices as 
provided in this subsection. 
A. 
Each municipality that chooses to participate in the 
state collection and recycling system shall ensure that 
computer monitors and televisions generated as waste from 
households 
within 
that 
municipality's 
jurisdiction 
are 
delivered to a 
consolidation facility in this State. 
A 
municipality may meet this reguirement through collection at 
and transportation from 
a 
local or regional solid waste 
transfer station or recycling facility. by contracting with 
a 
disposal facility to accept waste directly 
from 
the 
municipality's residents or through curbside pickup or other 
convenient collection and transportation system. 
B. 
A consolidation facility is subject to the reguirements 
of this paragraph. 
(1) 
Beginning 
January 
1. 
2006. 
a 
consolidation 
facility shall identify the manufacturer of each waste 
computer monitor and waste television delivered to the 
facility and identified as generated by a household in 
this State and shall maintain an accounting of the 
COMMITTEE AMENDMENT 
~.~~' 
COMMITTEE AMENDMENT "A" to H.P. 1402, L.D. 1892 
number of waste household computer monitors and waste 
household televisions by manufacturer. 
By March 1st 
each year beginning in 2007, a consolidation facility 
shall provide this accounting by manufacturer to the 
department. 
(2) 
A 
consolidation 
facility 
may 
perform 
the 
manufacturer 
identification required by 
subparagraph 
(1) at the consolidation facility or may contract for 
this identification and accounting service with the 
recycling and dismantling facility to which the waste 
is shipped. 
(3) 
A consolidation facility shall work cooperatively 
with 
manufacturers 
to 
ensure 
implementation 
of 
a 
practical and feasible financing system. 
At a minimum, 
a 
consolidation 
facility 
shall 
invoice 
the 
manufacturers 
for 
the 
handling, 
transportation 
and 
recycling costs for which they are responsible under 
the provisions of this subsection. 
(4) 
A consolidation facility shall transport waste 
computer monitors and waste televisions to a recycling 
and 
dismantling 
facility 
that 
provides 
a 
sworn 
certification pursuant to paragraph C. 
A consolidation 
facility shall maintain for a minimum of 3 years a copy 
of the 
sworn certification from each recycling and 
dismantling facility that receives covered electronic 
devices 
from 
the 
consolidation 
facility 
and 
shall 
provide the department with a 
copy of these records 
within 24 hours of request by the department. 
C. 
A recycling and dismantling facility shall provide to a 
consolidation 
facility 
a 
sworn 
certification 
that 
its 
handling, processing, refurbishment and recycling of covered 
electronic devices meet guidelines for environmentally sound 
management published by the department. 
D. 
Computer 
monitor 
manufacturers 
and 
television 
manufacturers 
are 
subject 
to 
the 
requirements 
of 
this 
paragraph. 
(1) 
Beginning January L 
2006, each computer monitor 
manufacturer 
and 
each 
television 
manufacturer 
is 
individually responsible for handling and recycling all 
computer monitors and televisions that are produced by 
that manufacturer or by any business for which the 
manufacturer has assumed legal responsibility, that are 
generated as waste by households in this State and that 
are 
received 
at 
consolidation 
facilities 
in 
this 
COMMITTEE AMENDMENT 
~.t\~ 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1402, L.D. 1892 
State. 
In addition. 
each 
computer 
manufacturer 
is 
responsible 
for 
a 
pro 
rata share 
of 
orphan waste 
computer monitors and each television manufacturer is 
responsible 
for 
a 
pro 
rata share of 
orphan waste 
televisions generated as waste by households in this 
State and received at consolidation facilities in this 
State. 
The 
manufacturers 
shall 
pay 
the 
reasonable 
operational 
costs 
of 
the 
consolidation 
facility 
attributable to the handling of all computer monitors 
and televisions generated as waste by households in 
this 
State. 
the 
transportation 
costs 
from 
the 
consolidation facility to 
a 
licensed recycling 
and 
dismantling facility and the costs of recycling. The 
manufacturers 
shall 
ensure 
that 
consolidation 
facilities are geographically located to conveniently 
serve all areas of the State as determined by the 
department. 
(2) 
Each computer monitor manufacturer and television 
manufacturer 
shall 
work 
cooperatively 
with 
consolidation facilities to ensure implementation of a 
practical and feasible financing system. 
Within 
days of receipt of an invoice. 
a manufacturer shall 
reimburse a consolidation facility for allowable costs 
incurred by that consolidation facility. 
E. 
Annually. 
beginning January I. 
2007. 
the department 
shall provide manufacturers 
and consolidation facilities 
with a listing of each manufacturer's pro rata share of 
orphan 
waste 
computer 
monitors 
and 
televisions. 
The 
department shall 
determine 
each manufacturer's 
pro 
rata 
share based on the best available information. including but 
not 
limited 
to 
data 
provided 
by 
manufacturers 
and 
consolidators 
and data 
from electronic waste 
collection 
programs in other jurisdictions within the United States. 
6. 
Manufacturer 
plan 
and 
reporting 
reqyiremeDts. 
A 
manufacturer shall develop a plan and submit a report as 
re~uired 
in this subsection. 
A. 
A manufacturer shall develop a plan for the collection 
and recycling or reuse of computer monitors and televisions 
as follows. 
(1) 
By 
March I. 
2005. 
a 
manufacturer of computer 
monitors 
and 
a 
manufacturer 
of 
televisions 
shall 
develop and submit to the department a plan for the 
collection and recycling or reuse of computer monitors 
and 
televisions 
produced 
by 
the 
manufacturer 
and 
generated as waste by households in this State. 
This 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '11" to H.P. 1402, L.D. 1892 
plan 
must 
be 
based 
on 
the 
manufacturer's 
taking 
responsibility 
for 
its 
products 
upon 
receipt 
at 
consolidation facilities in the State. 
(2) 
By January L 
2012, 
a manufacturer of computer 
monitors 
and 
a 
manufacturer 
of 
televisions 
shall 
implement and finance the implementation of this plan 
for the collection and recycling or reuse of computer 
monitors and televisions produced by the manufacturer 
and generated as waste by households in this State. 
(3) 
Notwithstanding 
subparagraphs 
(1) 
and 
(2), 
a 
manufacturer may satisfy the plan reguirements of this 
paragraph by agreeing to participate in a collective 
recovery plan with other manufacturers. 
The collective 
recovery 
plan 
must 
meet 
the 
same 
standards 
and 
reguirements 
of 
the 
plans 
submitted 
by 
individual 
manufacturers. 
(4) 
The 
plan 
developed 
by 
the 
manufacturer 
must 
include, at a minimum: 
(a) 
A 
description 
of 
the 
collection 
system, 
including the methods of convenient collection: 
(b) 
A public education element to inform the 
public 
about 
the 
collection 
system, 
including 
details about meeting all consumer notification 
and labeling reguirements: 
(c) 
Details for implementing and financing the 
handling 
of 
computer 
monitors 
and 
televisions 
produced by 
the 
manufacturer 
and 
orphan waste 
computer 
monitors 
and 
televisions 
that 
are 
generated as waste by households in this State and 
received by consolidation facilities in this State: 
(d) 
Details 
for 
the 
method 
of 
reimbursing 
consolidation facilities for the costs of handling 
and recycling the household computer monitors and 
televisions: 
(e) 
Documentation 
of 
the 
willingness 
of 
all 
necessary parties to implement the plan, including 
the 
parties 
that 
will 
participate 
in 
the 
consolidation, 
treatment, 
recovery, 
reuse 
and 
recycling of the computer monitors and televisions: 
(f) 
Assurances that the plan and all necessary 
parties will operate in compliance with local, 
COMMITTEE AMENDMENT 
, 
COMMITTEE AMENDMENT '~' to H.P. 1402, L.D. 1892 
state and federal waste management laws, rules and 
regulations; 
(g) 
Descriptions of the performance measures that 
will be used and reported by the manufacturer to 
report recovery and recycling rates for computer 
monitors and televisions at the end of life of 
those computer monitors and televisions; 
(h) 
Descriptions 
of 
additional 
or 
alternative 
actions that will be taken to improve recovery and 
recycling rates, if needed: and 
(i) 
Annual sales data on the number and type of 
computer 
monitors 
and 
televisions 
sold 
by 
the 
manufacturer 
in this 
State 
over 
the 
years 
preceding the filing of the plan. 
(5) 
A 
manufacturer 
is 
responsible 
for 
all 
costs 
associated with the development and implementation of 
the plan. 
If the costs are passed on to consumers, the 
costs must be imposed at the time of purchase and not 
with a fee imposed at the end of life of the computer 
monitor or television. 
B. 
Beginning July 1, 
2007, 
and annually thereafter, 
a 
manufacturer that offers a 
computer monitor or television 
for 
sale 
in this State 
shall 
submit 
a 
report 
to 
the 
department that includes the following: a description of the 
collection, consolidation and recycling services utilized to 
recover 
the 
manufacturer's 
products; 
substantiated 
estimates, on an annual basis for the preceding calendar 
year, 
of 
the 
quantities 
of 
covered 
electronic 
devices 
marketed in this State and collected for recovery in this 
State; the capture rate for electronics based on sales in 
this State; substantiated estimates of the percentage of 
collected materials that are reused and recycled from its 
Eroducts: 
the 
identification 
of 
end 
markets 
for 
the 
collected 
waste; 
and 
any 
systems 
imElemented 
by 
the 
manufacturer to ensure environmentally sound management of 
its products. The department may keep information submitted 
pursuant to this paragraph confidential as provided under 
section 1310-B. 
7. 
Enforcement. 
The department must enforce this section 
in accordance with the provisions of sections 347-A and 349. 
8. 
Reports to Legis1ature. 
The department shall submit a 
report on the recycling of electronic waste in the State to the 
joint standing committee of the Legislature having juriSdiction 
COMMITTEE AMENDMENT 
\\.,,~. 
COMMITTEE AMENDMENT .. ;t, to H.P. 1402, L.D. 1892 
over natural resources matters by January 15, 2008 and every 2 
years thereafter until January 15, 2014. 
The report must include 
an evaluation of the recycling rates in the State for covered 
electronic devices, a discussion of compliance and enforcement 
related to the requirements of this section and recommendations 
for any changes to the system of collection and recycling of 
electronic devices in the State. 
9. 
State procurement. 
All vendors of electronic devices to 
the State shall provide take-back and management services for 
their products at the end of life of those products and must be 
in compliance with all the requirements of this section. 
Vendors 
shall 
provide 
assurances 
that all 
take-back 
and 
management 
services 
will 
operate 
in 
compliance 
with 
all 
applicable 
environmental 
laws. 
Purchasing preference must 
be 
given 
to 
electronic devices that incorporate design for the preservation 
of the environment. 
Sec. 3. Management guidelines. 
By December 
31, 
2004, 
the 
Department of Environmental Protection shall publish management 
guidelines for the environmentally sound handling, processing, 
refurbishment and recycling of covered electronic devices 
as 
required by the Maine Revised Statutes, Title 38, section 1609, 
subsection 5, paragraph C.' 
SUMMARY 
This 
amendment 
is 
the 
majority 
report. 
The 
amendment 
replaces the bill. 
The amendment establishes a system to provide 
for 
the 
collection 
and 
recycling 
of 
computer 
monitors 
and 
televisions in the State. 
Under 
the 
amendment, 
municipalities 
that 
choose 
to 
participate must ensure that computer monitors and televisions 
generated as waste from households within their jurisdictions are 
delivered to a consolidation facility. 
Beginning in 2006, consolidation facilities are required to 
identify the manufacturer of computer monitors and televisions 
delivered to 
the facility and 
to 
transport 
those 
items 
to 
recycling and dismantling facilities. 
Beginning in 2006, 
computer manufacturers 
and television 
manufacturers are responsible for the handling and recycling of 
computer 
monitors 
and 
televisions 
that 
are 
received 
at 
consolidation facilities and must pay for the operational costs 
of the consolidation facilities attributable to the handling of 
computer monitors and televisions. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. ft: to H.P. 1402, L.D. 1892 
The amendment requires manufacturers of computer monitors 
and televisions to submit plans for the collection and recycling 
of 
computer 
monitors 
and 
televisions. 
It 
also 
establishes 
reporting requirements for manufacturers. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/02/04 ,::k.?ae 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1892 
An Act To Protect Public Health and the Environment by Providing for 
a System of Shared Responsibility for the Safe Collection and Recycling 
of Electronic Waste 
LR2752(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
This bill establishes a system of shared responsibility among manufacturers, consolidation facilties and muncipalities 
to provide for the collection and recycling of computer monitors and TVs. Municipalities can choose to participate ir 
the proposed system but are not required. Computer monitor manufacturers and television manufacturers are requiret.. 
to establish a financing system to handle the operational costs incurred by the consolidation facilities and municipal 
collection sites that provide collection and handling services of electronic waste. The bill indicates that consolidation 
facilties will invoice manufacturers for the handling, transportation and recycling costs. In addition, computer and 
television manufacturers are responsible for a pro rata share of costs associated with orphan waste which is defmed as 
a covered electronic device the manufacturer of which can not be identified or is no longer in business. 
The Department of Environmental Protection will absorb the costs associated with enforcing the statutory compliance 
of all the participating parties with these new collection and handling requirements as well as reporting to the 
Legislature and carrying out other specified duties. 
LR2752(2) - Fiscal Note - Page 1 of 1