An Act To Protect Health and the Environment by Improving the System for the Collection and Recovery of Mercury-added Thermostats
Maine Legislature, Session 121, LD 1901
Committee: Natural Resources
Amends: 38 MRSA §1664, 38 MRSA §1664-A

Legislative Document 
No. 1901 
H.P.1407 
House of Representatives, March 2, 2004 
An Act To Protect Health and the Environment by Improving the 
System for the Collection and Recovery of Mercury-added 
Thermostats 
Reported by Representative KOFFMAN of Bar Harbor for the Joint Standing Committee 
on Natural Resources pursuant to Public Law 2003, chapter 221, section 5 and Resolve 2003, 
chapter 101, section 3. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on re<:y<led paper 
/J'l~ /J?·md£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 38 MRSA §1664, sub-§2, as enacted by PL 1999, c. 779, 
§2, is amended to read: 
2. 
Thermostats. 
A manufacturer of thermostats that contain 
mercury 
or 
a 
manufacturer 
of 
thermostats 
that 
may 
replace 
thermostats 
that 
contain mercury shall, 
in addition 
to 
the 
requirements 
of 
seet:ieB 
sections 
1662 
and 
l664-A, 
provide 
incentives 
for 
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. 
Sec. 2. 38 MRSA §1664-A is enacted to read: 
§1664-A. 
Mercury-added thermostats 
1. 
Collection and recycling program. 
The manufacturers of 
mercury-added thermostats sold in this State shall individually 
or collectively: 
A. 
Within 3 months of the effective date of this section, 
establish 
and 
maintain 
collection centers 
to 
which 
mercury-added 
thermostats 
may 
be 
transported 
that 
are 
geographically located to serve all areas of the State; 
B. 
Eguip each collection center with a container that meets 
department 
specifications 
to 
receive 
mercury-added 
thermostats from residents of the State, including but not 
limited 
to 
heating, 
ventilation 
and 
air 
conditioning 
contractors; 
c. 
Take financial responsibility to provide for shipping 
filled 
containers 
to 
appropriate 
facilities 
and 
for 
processing and recycling the mercury; 
D. 
As part of or in addition to the collection centers 
reguired by this section, establish a collection center at: 
(1) 
The place of business of any heating, ventilation 
or air conditioning contractor that reguests in writing 
to be included in the collection and recycling program; 
and 
(2) 
Transfer 
stations 
where 
universal 
waste 
is 
collected that are operated by any municipality that 
requests in writing to be included in the collection 
and recycling program; 
E. 
Provide education and outreach services 
to heating, 
ventilation and air conditioning contractors in the State 
that are sufficient to ensure that the contractors 
are 
familiar with the collection and recycling program and the 
environmental 
and 
human 
health 
reasons 
for 
safeguarding 
mercury; and 
F. 
Take any measurers other than those in this subsection 
necessary to meet or exceed the target in subsection 3. 
2. 
Reporting. 
By January 15, 2005 and annually thereafter, 
manufacturers 
of mercury-added thermostats sold in the State 
shall report to the department on the progress of the collection 
and 
recycling 
program 
under 
subsection 
1. 
The 
report 
must 
include education and outreach efforts undertaken and the number 
of units of mercury-added thermostats and the number of pounds of 
mercury collected and recovered at each of the collection centers 
and in total. 
3. 
Goal 
and 
target. 
The 
goal 
of 
the collection 
and 
recycling program under subsection 1 is to collect and recycle at 
least 90% of all mercury-added thermostats removed from buildings 
in 
the 
State. 
The 
interim 
target 
for 
the 
collection 
and 
recycling 
program 
is 
to 
have 
pounds 
of 
mercury 
from 
thermostats removed from buildings by December 31, 2005. 
Sec. 3. Reports. 
Before January 30, 2006, the Department of 
Environmental Protection shall submit a report that assesses the 
effectiveness of the collection and recycling program identified 
in the Maine Revised Statutes, Title 38, section 1664-A to the 
joint standing committee of the Legislature having jurisdiction 
over natural resources matters. 
If the interim target identified 
in Title 38, section 1664-A, subsection 3 is not met, the report 
must include a plan for the implementation of a program under 
which the manufacturers of mercury-added thermostats sold in the 
State pay compensation for each mercury-added thermostat returned 
to a collection center. 
SUMMARY 
This 
bill 
requires 
manufacturers 
of 
thermostats sold in the State to participate in a 
recycling 
program 
that 
includes 
establishing 
centers 
in 
the 
State 
for 
the 
collection 
of 
mercury-added 
collection and 
collection 
mercury-added 
thermostats. 
The 
bill 
also 
requires 
manufacturers 
of 
mercury-added thermostats sold in the State to annually report to 
the Department of Environmental Protection on the progress of the 
collection and recycling program. 
The bill also sets a goal of 
collecting 
and 
recycling at least 
90% 
of all 
mercury-added 
thermostats removed from buildings and sets an interim target for 
removal of 100 pounds of mercury by December 31, 2005. 
Finally, 
the bill directs the Department of Environmental Protection to 
submit 
a 
report 
on the effectiveness of 
the collection and 
recycling 
program 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over natural resources matters by 
January 30, 2006 and, if the target established in the bill is 
not met, to report on a plan for manufacturers to pay for each 
mercury-added thermostat returned to a collection center.