An Act to Regulate the Use of Batteries Containing Mercury
Maine Legislature, Session 122, LD 1058
Committee Amendment CA_A_S483 (Senate)
Amends: 38 MRSA §1661, 38 MRSA §1661-C

COMMITTEE AMENDMENT "A" to S.P. 375, L.D. 1058, Bill, "An 
Act To Regulate the Use of Batteries Containing Mercury" 
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 §1661, sub-§2-A is enacted to read: 
2-A. 
Mercury-added button cell battery. 
"Mercury-added 
button cell battery" means a button cell battery to which the 
manufacturer intentionally introduces mercury. 
Sec. 2. 38 MRSA §1661-C, sub-§9 is enacted to read: 
9. 
Button cell batteries. 
After June 30. 2011. 
a person 
may not sell or offer to sell or distribute for promotional 
purposes a mercury-added button cell battery for consumer use or 
a product for consumer use that contains a mercury-added button 
cell battery. 
Sec. 3. Report. 
By 
January 15, 
2009, 
the Department 
of 
Environmental 
Protection 
shall 
submit 
a 
report, 
including 
recommendations, on the state of the technology of mercury-free 
button cell batteries to the joint standing committee of the 
Legislature having jurisdiction over natural resources matters. 
As part of its study, the department shall review and report on 
the 
following 
matters 
concerning 
all 
uses 
of 
button 
cell 
batteries 
and 
specifically their 
use 
in 
watches, 
precision 
instruments, hearing aids and medical devices: 
COMMITTEE AMENDMENT 
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..... ! '> 
COMMITTEE AMENDMENT "A" to S.P. 375, L.D. 1058 
1. 
The availability of mercury-free button cell batteries 
in retail outlets in the State; 
2. 
The reliability and safety of mercury-free button cell 
batteries being sold in the State; 
3. 
Whether reasonable substitutes exist for mercury-added 
button cell batteries in all applications; 
4. 
The status of any testing and analysis of mercury-free 
button cell batteries; 
5. 
The disparity, 
button 
cell batteries 
mercury; and 
if any, between the cost of mercury-free 
and 
button 
cell batteries 
containing 
6. 
Whether prohibiting the sale of mercury-added button 
cell batteries after June 30, 2011 is practical. 
The department shall confer with and solicit information 
from representatives of the battery, watch, precision instrument, 
hearing 
aid 
and 
medical 
device 
industries 
regarding 
the 
industries' experience with testing, reliability of use, cost and 
availability of mercury-free button cell batteries. 
The 
joint standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over 
natural 
resources 
matters 
may 
report 
out 
legislation relating to the department's report to the First 
Regular Session of the l24th Legislature. ' 
SUMMARY 
This amendment replaces the bill. 
The amendment bans the 
sale, after June 30, 2011, of mercury-added button cell batteries 
and 
consumer products that contain mercury-added button cell 
batteries. 
It also directs 
the 
Department 
of 
Environmental 
Protection to report, by January 15, 2009, on the state of the 
technology of mercury-free button cell batteries. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/02106 .::tvac:... 
LD 1058 
LR 1253(02) 
An Act to Regulate the Use of Batteries Containing Mercury 
Fiscal Note for Bill as Amended by Committee Amendment ';4 " 
Committee: Natural Resources 
Appropriations/Allocations 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements: 
Establishes a new civil violation. 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
2006-07 
$0 
$0 
The collection of additional fines may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
2007-08 
$12,500 
Projections 
2008-09 
$15,000 
This legislation will require a future Other Special Revenue Funds allocation to the Solid Waste Management Fund of 
$12,500 in fiscal year 2007-08 and $15,000 in fiscal year 2008-09. The allocation will allow expenditures for 
contractual services of a consultant for report preparation assistance as well as required mailings. 
LR1253(2) - Fiscal Note - Page 1 of 1