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 LR 2752(03)
Maine Legislature, Session 121, LD 1892
Committee Amendment CA_B_H862 (House)
Amends: 36 MRSA §4831, 36 MRSA §4832, 36 MRSA §4833, 36 MRSA §4834, 38 MRSA §1609

COMMITTEE AMENDMENT "(3,, to H.P. 1402, L.D. 1892, Bill, "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" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 36 MRSA §4831, sub-§I-A is enacted to read: 
A. 
Computer monitor. 
"Computer monitor" has the same 
meaning as in Title 38, section 1609, subsection 1. 
Sec. 2. 36 MRSA §4831, sub-§3-A is enacted to read: 
3-A. 
Te1evision. 
"Television" has the same meaning as in 
Title 38, section 1609, subsection 1. 
Sec. 3. 36 MRSA §4832, sub-§I-B is enacted to read: 
B. 
Fee imposed on computer monitors and te1evisions. 
A 
fee, 
as 
determined 
by 
the 
Commissioner 
of 
Environmental 
Protection, is imposed on the retail sale in this State of new 
computer monitors and new teleyisions. 
A retailer who sells a 
computer monitor or television may retain 3% 
of the fee as 
reimbursement for costs associated with the fee collection. 
The 
Commissioner of Environmental Protection shall set the fee to be 
imposed under this subsection by October 1, 2004. 
Page l-LR27S2(3) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~" to H.P. 1402, L.D. 1892 
Sec.4. 36 MRSA §4832, sub-§2-A is enacted to read: 
2-A. 
Exemptions 
for 
certain 
comguter 
monitors 
and 
televisions. 
New computer monitors and televisions that are sold 
by a manufacturer that implements a collection and recycling or 
reuse 
system 
that 
is 
approved 
by 
the 
Commissioner 
of 
Environmental Protection pursuant to Title 38, 
section 1609, 
subsection 5, paragraph A are not subject to the fee imposed by 
subsection I-B. 
Sec. 5. 36 MRSA §4833, 2nd,., as amended by PL 1989, c. 927, 
§5 and PL 1997, c. 526, §14, is further amended to read: 
The revenue derived from the fee imposed sy-4:-h-i-s--ehapeeli' 
under section 4832, subsection 1 must be deposited in the Maine 
Solid Waste Management Fund established under Title 38, chapter 
24, which must reimburse the General Fund for the administrative 
costs of the fee as certified by the Bureau of Revenue Services. 
The revenue derived from the fee imposed under section 4832, 
subsection I-B must be deposited into a 
dedicated subaccount 
within the Maine Solid Waste Management Fund established under 
Title 38, chapter 24, which must reimburse the General fund for 
the administrative costs of the fee as certified by the Bureau of 
Revenue Services. 
Sec. 6. 36 MRSA §4834, as enacted by PL 1989, c. 585, Pt. B, 
is repealed and the following enacted in its place: 
§4834. Effectiye date 
This chapter is effective for taxable purchases made in this 
State on or after July 1, 1990 and for taxable items brought into 
this State by the user on or after July I. 1990. except that this 
chapter 
as it applies 
to 
new 
televisions 
and 
new 
computer 
monitors is effective for purchases made in this State on or 
after January I. 2005. 
Sec. 7. 38 MRSA §1609 is enacted to read: 
§1609. 
Electronic waste 
1. 
Definitions. 
As 
used in this 
section. 
unless 
the 
context 
otherwise 
indicates. 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Computer monitor" means 
a 
cathode ray tube or flat 
panel 
displ~ that is greater 
than 
inches 
measured 
diagonally that is primarily intended to display information 
from a central processing unit or the Internet. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~" to H.P. 1402, L.D. 1892 
B. 
"Consolidation 
facility" 
means 
a 
facility 
where 
electronic wastes are consolidated and temporarily stored 
while 
awaiting 
shipment 
to 
a 
recycling and 
dismantling 
facility. 
"Con30lidation facility" 
includes 
a 
transport 
vehicle owned or leased by 
a 
recycling and dismantling 
facility with a 
minimum 40-foot trailer used to collect 
computer monitors and televisions at municipal collection 
sites in this State. 
C. 
"Manufacturer" means a person who manufactures and sells 
a computer monitor or television under its own brand or 
sells a computer monitor or television produced by other 
suppliers under its own brand and label. 
D. 
"Manufacturer's 
consolidation 
facility" 
means 
a 
consolidation facility with which a manufacturer has entered 
into 
an 
agreement 
for 
the 
consolidation 
and 
temporary 
storage 
of 
the 
manufacturer's 
computer 
monitors 
and 
televisions. 
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. 
"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. 
H. 
"Recycling and dismantling facility" means a business 
that processes covered electronic devices for 
reuse and 
recycling. 
I. 
"Retailer" means a person who sells a computer monitor 
or television in the State to 
a 
consumer. 
"Retailer" 
includes. 
but is not limited to. 
a 
manufacturer 
of 
a 
computer monitor or television who 
sells directly to 
a 
consumer. 
not 
including 
wholesale 
transactions 
with 
a 
distributor or other retailer. 
J. 
"Television" means a 
cathode ray tube or flat panel 
display that is greater than 4 inches measured diagonally 
that is primarily intended to receive video programming via 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. j!;.. to H. P. 1402, L.D. 1892 
broadcast, cable or satellite transmission. 
2. 
Mupicipal responsibility for rec:ycling. 
To ensure the 
collection and 
recycling or 
reuse 
of 
computer 
monitors 
and 
televisions, a municipality shall: 
A. 
Separate and identify computer monitors and televisions 
manufactured by a manufacturer that maintains a collection 
and recycling system pursuant to subsection 5, paragraph A, 
transport those computer monitors and televisions to that 
manufacturer or that manufacturer' s consolidation facility 
in this State and submit to the department documentation 
that 
identifies 
the 
computer 
monitors 
and 
televisions 
delivered under this paragraph: or 
B. 
Otherwise provide for the disposal of computer monitors 
and televisions that are generated as waste from households 
within that municipality's jurisdiction in accordance with 
all applicable federal, state and local laws. 
3. 
Consolidation facility responsibility for 
reC%cling. 
Beginning January 1, 2006, a consolidation facility is subject to 
the reguirements of this subsection. 
A. 
A consolidation facility shall maintain an accounting of 
the number of household computer monitors and televisions 
delivered to the facility. 
B. 
A consolidation facility shall identify the computer 
monitors and televisions delivered to the facility that are 
sold by 
a 
manufacturer that maintains 
a 
collection and 
recycling 
or 
reuse 
system 
pursuant 
to 
subsection 
5, 
paragraph A. 
C. 
A 
consolidation 
facility 
shall 
transport 
computer 
monitors and televisions sold by a manufacturer that does 
not maintain a collection and recycling or reuse system 
pursuant to subsection 5, paragraph A to a recycling and 
dismantling facility that provides 
a 
sworn certification 
pursuant to subsection 4. 
A consolidation facility shall 
maintain for 
a 
m~n~mum of 
years 
a 
copy of the sworn 
certification from each recycling and dismantling facility 
that receives computer monitors and televisions from the 
consolidation facility and shall provide the department with 
a copy of these records within 24 hours of reguest by the 
department. 
D. 
A consolidation facility may invoice the State for the 
handling, transportation and recycling costs for televisions 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,J3 .. to H.P. 1402, L.D. 1892 
and computer monitors of manufacturers that do not maintain 
a 
collection and recycling or reuse 
system pursuant to 
subsection 5. paragraph A. 
E. 
A consolidation facility may make arrangements with a 
manufacturer that maintains a system for the collection and 
recycling or reuse of its computer monitors or televisions 
pursuant to subsection 5. paragraph A for the transportation 
of 
computer 
monitors 
and 
televisions 
sold 
by 
that 
manufacturer. 
4. 
Re~ling and dismantling facility responsibility for 
re£rClipg. 
A recycling and dismantling facility shall provide to 
a consolidation facility a sworn certification that its handling. 
processing. refurbishment and recycling of computer monitors and 
televisions meet guidelines for environmentally sound management 
published by the department. 
5. 
Manufacturer 
responsibility 
for 
re£YCling. 
A 
manufacturer of computer monitors or televisions shall establish 
a system for collection and recycling or reuse as specified in 
paragraph A or is subject to the fee as specified in paragraph B. 
A. 
To ensure the collection and recycling or reuse of 
computer 
monitors 
and 
televisions. 
a 
manufacturer 
may 
establish and maintain 
a 
system 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. 
At a minimum. the system must 
provide for manufacturer responsibility for costs from the 
point of consolidation. 
The system must be approved by the 
commissioner. 
( 1) 
Prior to establishing a collection and recycling 
system under this subparagraph. 
a manufacturer shall 
develop a plan as follows. 
(a) 
A manufacturer 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. 
(b) 
A manufacturer Shall implement and finance 
the implementation of the plan developed under 
this paragraph. 
(c) 
The plan developed by the manufacturer under 
this paragraph must include. at a minimum: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ':..6" to H.P. 1402, L.D. 1892 
(i) 
A description of the collection system. 
including 
the 
methods 
of 
convenient 
collection: 
(ii) 
A public education element to inform 
the public about the collection system; 
(iii) 
Details for implementing and financing 
the 
handling 
of 
computer 
monitors 
and 
televisions produced by the manufacturer that 
are generated as waste by households in this 
State; 
(iv) 
Details for the method of reimbursing 
consolidation facilities 
for 
the 
costs 
of 
handling and recycling the household computer 
monitors and televisions: 
(v) 
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; 
(vi) 
Assurances that the 
system 
and all 
necessary parties will operate in compliance 
with 
local, 
state 
and 
federal 
waste 
management laws, rules and regulations: 
(vii) 
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: and 
(viii) 
Descriptions 
of 
additional 
or 
alternative actions that will be taken to 
improve 
recovery 
and 
recycling 
rates, 
if 
needed. 
(d) 
A manufacturer is responsible for all costs 
associated with the development of the plan and 
implementation of the plan. 
(2) 
A manufacturer that establishes and maintains a 
collection and recycling or reuse system under this 
paragraph 
shall 
submit 
an 
annual 
report 
to 
the 
department that includes the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,,2;" to H.P. 1402, L.D. 1892 
(a) 
A 
description 
of 
the 
collection, 
consolidation and recycling services utilized to 
recover the manufacturer's products; and 
(b) 
Substantiated estimates, on an annual basis 
for the preceding calendar year, on the guantities 
of computer monitors and televisions marketed in 
this State and collected for 
recovery in this 
State. 
B. 
Beginning 
January 
1, 
2005, 
a 
computer 
monitor 
or 
television sold by a manufactUrer that does not establish 
and maintain a system for the collection and recycling or 
reuse of computer monitors and televisions under paragraph A 
is subject to a fee pursuant to Title 36, section 4832, 
subsection 1-B. 
6. 
Fund management. 
The fee collected pursuant to Title 
36, 
section 4832, 
subsection 1-B 
must 
be 
deposited into 
a 
dedicated subaccount created pursuant to Title 36, section 4833 
within the 
Maine 
Solid Waste 
Management 
Fund estabished by 
section 2201. 
The revenues in the subaccount must be distributed 
as follows: 
A. 
The office shall reimburse consolidation facilities for 
expenses incurred that consist of the operational costs of 
the consolidation facility attributable to the handling of 
household-generated waste computer monitors and televisions 
sold by manufacturers that do not maintain a collection and 
recycling 
or 
reuse 
system 
pursuant 
to 
subsection 
5, 
paragraph A. 
B. 
The office shall reimburse a municipality for expenses 
incurred related to the transportation of computer monitors 
and 
televisions 
from 
a 
municipal 
collection site to 
a 
manufacturer or manufacturer's consolidation facility in the 
State that the municipality documents: 
(1) 
Are related to computer monitors and televisions 
sold by a manufacturer that maintains a collection and 
recycling or reuse system pursuant to subsection 5, 
paragraph Ai and 
(2) 
Exceed the current cost of transportation and 
disposal 
of 
an 
eguiyalent 
tonnage 
of 
that 
municipality's municipal solid waste. 
A municipali ty is eligible for 
reimbursement under this 
paragraph 
only 
if the 
municipality 
submitted 
to 
the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~" to H.P. 1402, L.D. 1892 
department the documentation reguired under subsection 2. 
paragraph A. 
C. 
The office shall reimburse the General Fund for the 
administration costs of the fee as certified by the Bureau 
of Revenue Services. 
D. 
The office shall inform municipalities and consolidation 
facilities about the provisions of this subsection. 
E. 
Any funds remaining in the dedicated subaccount created 
pursuant to Title 36. section 4833 within the Maine Solid 
Waste 
Management 
Fund established in section 2201 after 
payment of all eligible costs incurred by consolidation 
facilities 
and 
municipalities 
and 
reimbursement 
for 
administration costs of the State must be used to support 
municipal recycling programs unless otherwise directed by 
the Legislature. 
7. 
Enforcement. 
The department shall enforce this section 
in accordance with the provisions of sections 347-A and 349. 
8. 
Reports to Legislature. 
The department shall submit a 
report 
on 
the 
recycling of electronic waste 
in the State. 
including but not limited to computer monitors and teleyisions, 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction oyer natural resources matters by January 15, 2008 
and eyery 2 years thereafter. 
9. 
State procurement. 
All vendors of computer monitors and 
televisions 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 reguirements of this 
section. 
Vendors shall proyide assurances that all take-back and 
management 
seryices 
will 
operate 
in 
compliance 
with 
all 
applicable environmental laws. 
Purchasing preference must be 
given to 
computer monitors 
and televisions that incorporate 
design for the preservation of the environment. 
Sec. 8. 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 computer monitors and televisions 
as required by the Maine Revised Statutes, Title 38, section 
1609, subsection 4. 
Sec. 
9. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
ADMIHISTRATIVE AND FIBARCIAL 
The 
following 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ':6" to H.P. 1402, L.D. 1892 
SERVICES, DEPARTMENT OF 
Maine Revenue Services 
0002 
Initiative: 
Provides 
funds 
for 
the 
administrative 
costs 
associated with the collection of a fee on the sale of computer 
monitors and televisions. 
General. Fund 
All Other 
General Fund Total 
SUMMARY 
2003-04 
$0 
$0 
2004-05 
$45,000 
$45,000' 
This amendment is a minority report. 
The amendment replaces 
the bill. 
The amendment provides that a manufacturer of computer 
monitors 
and televisions may 
implement 
and maintain its own 
collection 
and 
recycling 
system 
for 
computer 
monitors 
and 
televisions that it sells. 
If a manufacturer does not implement 
and maintain a collection system for the products it sells, a 
fee, 
as 
determined 
by 
the 
Commissioner 
of 
Environmental 
Protection, is imposed on the retail sale of that manufacturer's 
computer monitors and televisions. 
A retailer may retain 3".t. of 
the fee as reimbursement for costs associated with the collection 
of the fee. 
Under 
the 
amendment, 
a 
municipality 
may 
separate 
and 
identify computer monitors and televisions that are sold by a 
manufacturer that maintains its own collection and recycling 
system, transport those products to the manufacturer and document 
to 
the 
Department 
of 
Environmental 
Protection 
the 
products 
delivered. 
A municipality that chooses to participate in this 
way is eligible for reimbursement for certain expenses incurred 
related 
to 
the 
transportation 
of 
those 
products 
to 
the 
manufacturer or the manufacturer's consolidation facility. 
A 
municipality that does not choose to participate in this way must 
otherwise provide for 
the disposal of computer monitors 
and 
televisions in accordance with all applicable federal, state and 
local laws. 
Under the amendment, a consolidation facility must identify 
the number of computer monitors and televisions delivered to the 
facility and identify the products delivered that are sold by a 
manufacturer that maintains its own collection and recycling 
system. 
The 
facility 
must 
transport 
the 
products 
of 
a 
manufacturer 
that does 
not maintain its 
own 
collection and 
recycling system to a recycling and dismantling facility. 
The 
consolidation facility may invoice the State for the handling, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT I~I to H.P. 1402, L.D. 1892 
transportation 
and 
recycling 
costs 
for 
the 
products 
of 
a 
manufacturer that does not maintain a collection and recycling 
system for its products. 
The consolidation facility may make 
arrangements 
with 
a 
manufacturer 
that 
maintains 
its 
own 
collection system for the expenses incurred by the facility in 
connection with that manufacturer I s products that are delivered 
to the consolidation facility. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04102/04 ~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 
LR 2752(03) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Current Cost - State Mandate 
Undetermined current biennium cost increase - Other Special Revenue Funds 
Undetermined current biennium revenue increase - Other Special Revenue Funds 
Projections 
l~et Cost (Savings) 
General Fund 
Appropriations! Allocations 
General Fund 
Transfers 
General Fund 
Other Special Revenue Funds 
State Mandate 
New or Expanded Activity 
2003-04 
2004-05 
2005-06 
$0 
$0 
$0 
$0 
$0 
$45,000 
$45,000 
($45,000) 
Unit Affected 
Costs 
$0 
$0 
$0 
$0 
Projections 
2006-07 
$0 
$0 
$0 
$0 
Municipalities must ensure that computer monitors and televisions 
are delivered to a consolidation facility for recycling or otherwise 
disposed of. The municipal costs to deliver to a consolidation 
facility for recycling would be reimbursed by the State Planning 
Office from the Solid Waste Management Fund after January 1, 
2005. 
Municipality Significant, but reimbursed after 
January 1, 2005 
Fiscal Detail and Notes 
Establishing a system to provide for the collection and recycling of computer monitors and TV s will require additional 
allocations from the Maine Solid Waste Management Fund. The State Planning Office will need a part-time Planner 
II position to provide outreach and assist in the reimbursement of consolidation facilities and municipalities for certain 
specified recycling costs. 
LR2752(3) - Fiscal Note - Page 1 of 2 
This bill requires the Department of Environmental Protection to establish a fee for the retail sale of new computer 
monitors and new televisions. This fee will result in an increase in additional revenue to the Maine Solid Waste 
Management Fund in an amount that can not be determined at this time. This additional revenue is intended to cover 
the costs of the State Planning Office and to reimburse municipalities and consolidation facilities for certain specified 
recycling expenses. 
The bill includes a General Fund appropriation of $45,000 in fiscal year 2004-05 to Maine Revenue Services for 
administrative costs associated with collecting this new fee. These costs include computer programming and printing 
and mailing of notices to retailers. 
This bill will also increase transfers to the General Fund from the Maine Solid Waste Management Fund to reimburse 
the General Fund for the $45,000 administrative costs to Maine Revenue Services. 
The additional costs associated with the Department of Environmental Protection carrying out their assigned 
responsibilities can be absorbed within existing budgeted resources. 
LR27S2(3) - Fiscal Note - Page 2 of 2