An Act to Fund Municipal Collection of Household Hazardous Waste LR2053(02)
Maine Legislature, Session 121, LD 1549
Committee Amendment CA_A_H494 (House)
Amends: 22 MRSA §1471-W

COMMITTEE AMENDMENT "~,, to H.P. 1135, L.D. 1549, Bill, 
Act To Fund Municipal Collection of Household Hazardous Waste" 
"An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
• Sec. 1. 22 MRSA §1471-W, sub-§3, as repealed and replaced by 
PL 1997, c. 139, §l, is amended to read: 
3. 
Records; reporting. 
Any person who distributes general 
use pesticides to licensed general use pesticide dealers in the 
State shall keep and maintain records of these sales for annual 
reporting purposes. 
An annual report must be submitted to the 
board by March 1st for the preceding calendar year and must be 
accompanied by the fee assessed under subsection 6 beginning with 
the report due March 1, 2006. 
These annual reports must include 
the names of all licensed general use pesticide dealers to whom 
general 
use 
pesticides 
were 
distributed, 
the 
names 
of 
the 
pesticides, 
the United States Environmental Protection Agency 
registration number and the quantity sold. 
These records must be 
kept for 2 years after the end of the calendar year. 
For the 
purposes of this subsection, "distributes" means sells, ships or 
delivers 
general 
use 
pesticides 
to 
a 
licensed 
general 
use 
pesticide dealer engaged in retail sales. The board may adopt 
rules to further clarify who is responsible for reporting under 
this subsection. 
Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, 
chapter 
375, 
subchapter Il-A 2-A. 
Sec. 2. 22 MRSA §1471-W, sub-§6 is enacted to read: 
Page l-LR2053(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,/t" to H.P. 1135, L.D. 1549 
6. 
Fee. 
Effective January 1. 
2005. 
a 
fee of 
20¢ is 
imposed on each container of general use pesticide distributed 
wi thin this State for retail sale. 
The fee is imposed at the 
distributor level. 
Distributors shall remit the fee to the board 
with the annual report required under subsection 3. 
The board 
shall deposit the revenue derived from the fee in the Maine Solid 
Waste Management Fund established under Title 38, section 220l. 
The revenue may be used only for the purposes set forth under 
Title 36. section 4873. subsection 2. 
For 
the 
purpose 
of 
this 
subsection, 
"container" 
means 
an 
individual container of pesticide of any size distributed. or to 
be 
distributed. 
to 
retailers 
for 
purchase 
by 
a 
consumer. 
Containers may include. but are not limited to. bags, boxes, 
bottles 
and cans. 
Pesticide products 
exempt 
from 
licensure 
requirements under subsection 5 are exempt from the fee imposed 
by this subsection. 
Sec. 3. 36 MRSA c. 721 is enacted to read: 
CBA.P".rER 721 
BOIlSJmQLD HAZARDOUS WASTE MAIIAGEMERT FEE 
§4871. 
Definitions 
As 
used in this 
chapter, 
unless 
the 
context otherwise 
indicates, the following terms have the following meanings. 
1. 
Architectural coating. 
"Architectural coating" means a 
coating manufactured and recommended for field application to 
structures and their appurtenances. 
"Architectural coating" does 
not include: 
A. 
Industrial maintenance coatings as defined under 40 Code 
of Federal Regulations, 59.401 (2002); 
B. 
Special-purpose coatings, including coatings formulated 
and recommended solely for boats, auto refinishing. bridge 
maintenance and traffic lane marking; or 
C. 
Adhesives, mastics or plasters. 
2. 
Coating. 
"Coating" means a liquid composition applied 
onto or impre.gnated into a substrate for protective, decorative 
or functional purposes. "Coating" includes interior and exterior 
house paints, stains, varnishes, lacquers, sealers. primers and 
undercoaters. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ./1 .. to H.P. 1135. L.D. 1549 
3. 
Distributor 
or 
wholesaler. 
"Distributor" 
or 
"wholesaler" means 
a 
person who 
engages 
in the business of 
selling or distributing architectural coatings for the purpose of 
resale. 
4. 
Retailer. 
"Retailer" means a person who engages in the 
business of selling architectural coatings to consumers. 
§4872. 
Fee on architectural coatings 
1. 
Fee imposed. 
A fee of 20¢ per gallon is imposed on the 
retail sale of architectural coatings in this State. 
This fee is 
imposed 
at 
the 
retail 
level. 
Architectural 
coatings 
in 
containers of less than one-gallon capacity are exempt from this 
~ 
2. 
Adyertising of p~nt ~ retailer. 
It is unlawful for 
any retailer to advertise or hold out or state to the public or 
to any consumer. directly or indirectly. that the fee imposed by 
this section will be assumed or absorbed by the retailer or that 
it will not be added or included in the selling price of the 
coating or that. if added or included. 
the fee or any part 
thereof will be refunded. 
3. 
Distributor responsibility. 
A distributor shall provide 
to a retailer of architectural coatings doing business in this 
State a quarterly. semiannual or annual report identifying the 
number of gallons of architectural coatings sold to the retailer 
in containers of one gallon or more. 
§4873. 
Administration 
1. 
De,posit of revenue. 
The fees imposed by this chapter 
are administered as provided under chapter 7 and Part 3 and must 
be considered as imposed under Part 3. 
The revenue derived from 
the fees imposed by this chapter must be deposited in the Maine 
Solid Waste Management Fund estgblished under Title 38. section 
2201. 
from which the General Fund must be reimbursed for the 
administrative costs of the fees as certified by the bureau. 
2. 
Transfer of revenue. 
Revenues derived from the fees 
imposed by this chapter and Title 22. section 1471-W. may be 
transferred 
from 
the 
Maine 
Solid 
Waste 
Management 
Fund 
in 
accordance with the following: 
A. 
At least gO'\, of the revenues must be made available as 
state 
cost 
share 
to 
municipalities 
by 
the 
Executive 
Department. State Planning Office as authorized under Title 
38. section 2133. subsection 2-B: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~, to H,P. 1l35, L.D. 1549 
B. 
Up to 
5% of the revenues may be transferred to the 
Department of 
Environmental 
Protection or 
the 
Executive 
Department. State Planning Office to develop and carry out 
education 
and 
outreach 
activities 
related 
to 
proper 
management of household hazardous waste; and 
C. 
Up to 5% of the revenues may be transferred to the 
Department of Agriculture, Food and Rural Resources, Board 
of 
Pesticides 
Control 
to 
support 
achievement 
of 
the 
pesticide use minimization goal of Title 22, section 1471-X. 
Sec. 4. Legislation. 
The Joint Standing Committee on Natural 
Resources may report out legislation during the Second Regular 
Session of the 121st Legislature concerning alternate sources of 
funding for municipal collection of household hazardous waste. 
Sec. 5. Transfer of funds. 
Notwithstanding any other provision 
of law, the Finance Authority of Maine shall transfer $438,820 
from the Waste Reduction and Recycling Loan Fund, established in 
the Maine Revised Statutes, Title 10, section 1023-G, to the 
Maine Solid Waste Management Fund established under Title 38, 
section 2201 no later than June 30, 2004. 
The Finance Authority 
of 
Maine 
shall 
transfer 
principal 
and 
interest 
repayments 
received in the Waste Reduction and Recycling Loan Fund to the 
Maine Solid Waste Management Fund within 60 days of receipt. 
The 
funds must be transferred from the Maine Solid Waste Management 
Fund in accordance with the following: 
1. 
At least 90% of the funds must be made available as 
state cost share to municipalities by the Executive Department, 
State Planning Office as authorized under Title 38, section 2133, 
subsection 2-B; 
2. 
Up 
to 
5% 
of the 
funds 
may 
be transferred to the 
Department 
of 
Environmental 
Protection 
or 
the 
Executive 
Department, 
State Planning Office 
to develop 
and 
carry out 
education and outreach activities related to proper management of 
household hazardous waste; and 
3. 
Up 
to 
5% 
of the 
funds 
may 
be transferred to the 
Department of Agriculture, Food and Rural Resources, Board of 
Pesticides Control to support achievement of the pesticide use 
minimization goal of Title 22, section 1471-X. 
Sec. 6. Application. 
Those sections of this Act that amend 
the Maine Revised Statutes, Title 22, section 1471-W, subsection 
and enact Title 22, section 1471-W, subsection 6 and Title 36, 
chapter 721 apply to retail purchases of architectural coatings 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .~. to B.P. 1135, L.D. 1549 
and to distribution of general use pesticide products for retail 
sale occurring in this State on or after January 1, 2005. 
Sec. 
7. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, 
DEP~ 
OF 
Maine Revenue Services 
0002 
The 
following 
Initiative: 
Provides one-time funds for the administrative costs 
associated with the household hazardous waste management fee. 
General Fund 
All Other 
General Fund Total 
ADMINISTRATIVE AND FIlIAHCIAL SERVICES, 
DEPAIl"lXENT OF 
DEP~ 
'1'O'.rALS 
GENERAL FORD 
DEPAR".lMDT mrAL -
ALL FORDS 
EXECUTIVE DEPARnIER"r 
State Planning Office 
0082 
2003-04 
$0 
$0 
2003-04 
$0 
$0 
2004-05 
$26,000 
$26,000 
2004-05 
$26,000 
$26,000 
Initiative: 
Provides funds to administer a state cost share 
program. 
This allocation is intended to provide support for the 
operational costs incurred by municipalities in the management of 
household hazardous waste. 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
EXECUTIVE DEPARnIER"r 
DEPAIl"lXENT '1'O'.rALS 
OI'BER SPECIAL REVEBUE FUJlDS 
DEPAR".lMDT 1.'OrAL -
ALL FUJlDS 
ERVIROlUIEliTAL PROTECTI(JI, DEPARTMENT OF 
2003-04 
$436,768 
$436,768 
2003-04 
$436,168 
$436,168 
2004-05 
$266,830 
$266,830 
2004-05 
$266,830 
$266,830 
COMMITTEE AMENDMENT 
~, ' 
'.~, 
:(i'), 
('t 
COMMITTEE AMENDMENT • .fI .. to H.P. 1135, L.D. 1549 
Remediation and Waste Management 
0247 
Initiative: 
Provides funds to develop and carry out education 
and outreach activities related to proper management of household 
hazardous waste. 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
EllVIRCIUIENTAL PROrECTI(If, DEPAR'DIEHT OF 
DEPARTMEI!IT mrALS 
OTHER SPECIAL REVENUE FONDS 
DEPAR'DIEHT mrAL -
ALL FONDS 
AGRICULTURE, FOOD AIm RURAL RESOUllCES, 
DEPARTMEI!IT OF 
Board of Pesticide Control 
0287 
2003-04 
$24,265 
$24,265 
2003-04 
$24,265 
$24,265 
2004-05 
$14,824 
$14,824 
2004-05 
$14,824 
$14,824 
Initiative: 
Provides 
funds 
to 
support 
achievement 
of 
the 
pesticide use minimization goal of the Maine Revised Statutes, 
Title 22, section 1471-X. 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
AGRICULTURE, FOOD AIm R'ORAL RESOURCES, 
DEPARTMEI!IT OF 
DEPARTMEI!IT mrALS 
OTBBR SPECIAL REVENUE FONDS 
DEPAR"l'MERT TOrAL -
ALL FONDS 
SECTI(If 'l'O'.rALS 
GERERAL FORD 
07BBR SPECIAL REVENUE FONDS 
SECTI(If 'l'OTAL -
ALL FORDS 
2003-04 
$24,265 
$24,265 
2003-04 
$24,265 
$24,265 
2003-04 
$0 
$485,298 
$485,298 
2004-05 
$14,824 
$14,824 
2004-05 
$14,824 
$14,824 
2004-05 
$26,000 
$296,478 
$322,478 . 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. fI .. to H.P. 1135, L.D. 1549 
SUMMARY 
This amendment is the majority report of the Joint Standing 
Committee 
on Natural Resources. 
It replaces 
the bill. 
The 
amendment 
transfers 
$438,820 
from 
the 
Waste 
Reduction 
and 
Recycling Loan Fund to the Maine Solid Waste Management Fund to 
provide state cost share support for household hazardous waste 
collection 
programs. 
It 
also 
requires 
that 
principal 
and 
interest payments received in the Waste Reduction and Recycling 
Loan Fund be deposited in the Maine Solid Waste Management Fund 
within 60 days of receipt. 
Also under the amendment, beginning 
January 1, 2005, revenue is generated by imposing a 20¢ fee on 
the retail sale of architectural coatings and on general use 
pesticide 
distributed 
for 
retail 
sale 
in 
the 
State. 
The 
Department of Agriculture, Food and Rural Resources, Board of 
Pesticides 
Control 
will 
collect 
the 
pesticide 
fee 
and 
the 
Department of Administrative and Financial Services, Bureau of 
Revenue Services will collect the architectural coatings fee. 
The Joint Standing Committee on Natural Resources is authorized 
to report out legislation during the Second Regular Session of 
the l2lst Legislature concerning alternate sources of funding for 
municipal 
collection 
of 
household 
hazardous 
waste. 
This 
amendment also adds an appropriation and allocation section to 
the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
t U/<-KtL1~.[) f-/5C11L- IV tJ I b 
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{'~HMIT;e-e /'f"Me:/tILJf1e:IVT!4'
(H- qqqlprovedo5/16/03 ~e 
Net Cost (Savings) 
General Fund 
j)ropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Office of Fiscal and Program Review 
LD 1549 
An Act to Fund Municipal Collection of Household Hazardous Waste 
LR2053(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Projections 
Projections 
2003-04 
2004-05 
2005-06 
2006-07 
$0 
$26,000 
$0 
$0 
$0 
$26,000 
$0 
$0 
$485,298 
$296,478 
$546,478 
$546,478 
$485,298 
$296,478 
$546,478 
$546,478 
This legislation requires the Finance Authority of Maine to transfer $438,820 from the Waste Reduction and 
Recycling Loan Fund to the Maine Solid Waste Management Fund administered by the State Planning Office and the 
Department of Environmental Protection by June 30, 2004. The Governor's proposed Part II budget for fiscal years 
2003-04 and 2004-05 includes the transfer of$438,820 to the unappropriated surplus of the General Fund by June 30, 
2004. If the Part II budget is enacted as proposed, these funds would not be available for transfer as required by this 
legislation. This legislation also requires the Finance Authority of Maine to transfer principal and interest repayments 
received in the Loan Fund to the Maine Solid Waste Management Fund within 60 days of receipt. The Finance 
Authority of Maine estimates the average annual principal and interest repayments to be approximately $46,478 per 
year with the last payment date of the current loans outstanding being November 2017. 
This bill imposes a 20 cent fee on the retail sale of architectural coatings sold in containers of one gallon and on each 
unit of general use pesticide distributed for retail sale in Maine. It is estimated that these fees will generate $500,000 
annually to be deposited in the Maine Solid Waste Management Fund. Since the increase in fees does not become 
effective until January 1,2005, the expected revenue is estimated to be approximately $250,000 in fiscal year 2004-
05. This additional revenue is intended to provide state cost share support for the operational costs incurred by 
• r 
o. 
• r 
LR2053(2) - Fiscal Note - Page 1 of 2 
mUlllclpalltles m the management ot household hazardous waste. Kevenue denved trom the proposed tees may be 
allocated to the State Planning Office (90%), the Department of Environmental Protection (5%) and the Department of 
Agriculture, Food and Rural Resources (5%) to carry out the purposes of this bill. The additional costs associated 
with administering this proposed state cost share program to municipalities can be absorbed by the State Planning 
Office utilizing existing budgeted resources. 
Maine Revenue Services will require a one-time General Fund appropriation of $26,000 in fiscal year 2004-05 for the 
administrative costs associated with the Household Hazardous Waste Management Fee. 
LR2053(2) - Fiscal Note - Page 2 of 2