An Act To Protect Health and the Environment by Improving the System for the Collection and Recovery of Mercury-added Thermostats LR2786(02)
Maine Legislature, Session 121, LD 1901
Committee Amendment CA_A_H806 (House)
Amends: 38 MRSA §1664

COMMITTEE AMENDMENT "A" to H.P. 1407, L.D. 1901, Bill, "An 
Act To Protect Health and the Environment by Improving the System 
for the Collection and Recovery of Mercury-added Thermostats" 
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 §1664, sub-§2, as enacted by PL 1999, c. 779, 
§2, is repealed and the following enacted in its place: 
2. 
Thermostats. 
The 
following 
provisions 
apply 
to 
thermostats that contain mercury. 
A. 
A manufacturer of thermostats that contain mercury or a 
manufacturer of thermostats that may 
replace thermostats 
that contain mercury shall. 
in addition to meeting the 
requirements 
under 
section 1662, 
provide 
incentives 
and 
sufficient information to purchasers and consumers of the 
thermostats for the purchasers or consumers to ensure that 
mercury in thermostats being removed from service is reused, 
recycled or otherwise managed in compliance with section 
1663. 
A manufacturer that has complied with this subsection 
is 
not 
liable 
for 
improper 
disposal 
by 
purchasers 
or 
consumers of thermostats. 
Manufacturer collection programs 
conducted in accordance with universal waste rules adopted 
by the department meet the requirements of this subsection. 
B. 
A wholesaler may not sell a thermostat in the State 
unless 
the 
wholesaler 
acts 
as 
a 
collection 
site 
for 
thermostats that contain mercury. 
Page l-LR2786(2) 
COMMITTEE AMENDMENT 
\\.a" 
COMMITTEE AMENDMENT ";4-,, to H.P. 1407, L.D. 1901 
(1) 
A wholesaler may meet the requirements of this 
paragraph by participating as a collection site in a 
manufacturer 
collection 
program 
as 
described 
under 
paragraph A or by collecting thermostats that contain 
mercury and disposing of the collected thermostats in 
accordance with universal waste rules adopted by the 
department. 
(2) 
For purposes of this paragraph, "wholesaler" means 
a business that the department determines is primarily 
engaged in the distribution and wholesale selling of 
large 
quantities 
of 
heating, 
ventilation 
and 
air 
conditioning 
components 
to 
contractors 
who 
install 
heating, ventilation and air conditioning components.' 
SUMMARY 
This amendment replaces the bill. 
The amendment 
prohibits 
a wholesaler from selling thermostats in the State unless the 
wholesaler acts as a collection site for thermostats that contain 
mercury either by participating in a 
manufacturer collection 
program 
or 
by 
disposing 
of 
the 
collected 
thermostats 
in 
accordance with universal waste rules adopted by the department. 
FISC\L ~OTE REQl"lRED 
(See att~~~~d) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/24/04 ~ac:.. 
Office of Fiscal and Program Review 
LD 1901 
An Act To Protect Health and the Environment by Improving the 
System for the Collection and Recovery of Mercury-added Thermostats 
LR2786(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
The additional costs associated with this legislation can be absorbed by the Department of Environmental Protection 
utilizing existing budgeted resources. 
LR2786(2) - Fiscal Note - Page 1 of 1