An Act To Provide for the Safe Collection and Recycling of Mercury-containing Lighting
Maine Legislature, Session 124, LD 0973
Committee Amendment CA_A_H341 (House)

COMMITTEE AMENDMENT "A " to H.P. 67~, L.D. 973, Bill, "An Act To 
Provide for the Safe Collection and Recycling of Mercury-containing Lighting" 
Amend the bill in section I in § 1672 in subsection 1 by striking out all of paragraph 
A (page 1, lines 6 to 8 in L.D.) and inserting the following: 
'A. "Manufacturer" means a person who manufactures a mercury-added lamp and 
has a presence in the United States or a person who imports a mercury-added lamp 
manufactured by a person who does not have a presence in the United States.' 
Amend the bill in section 1 in § 1672 in subsection 1 by striking out all of paragraphs 
C and D (page I, lines 13 to 18 in L.D.) and inserting the following: 
'C .. "Municipal collection site" means a solid waste disposal facility, transfer station, 
storage facility or recycling facility at which mercury-added lamps from households 
are collected for recycling that is municipally owned or operated or operated by a 
regional association. 
D. "Person" means any individual, corporation, partnership, cooperative. association, 
firm, sole proprietorship, government agency or other entity: 
Amend the bill in section 1 in § 1672 by striking out all of subsections 2 and 3 (page 
1, lines 19 to 39 and page 2, lines 1 to 14 in L.D.) and inserting the following: 
'2. Mercury content standards.The following provisions govern mercury content 
standards. 
. 
A. The department shall adopt rules establishing mercury content standards for 
lamps sold or manufactured in the State on or after January 1,2012. The standards 
must be based on mercury content standards for lamps established in California. If 
one or more categories of lamps are not covered by the mercury content standards 
established in California, the department may adopt standards minimizing the 
mercury content of lamps within those categories. including adoption of a no-
mercury standard if a nonmercury alternative is available at a cost comparable to a 
mercury alternative. Rules adopted pursuant to this paragraph are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Pagel - 124LR0206(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 675, L.D. 973 
B. The rules adopted under paragraph A must provide that: 
(1) A manufacturer of mercury-added lamps sold or being offered for sale in the 
State shall prepare and, at the request of the department, submit within 28 days of 
the date of the request technical documentation or other information showing that 
the manufacturer's mercury-added lamps sold or offered for sale in the State 
comply with the rules. If the manufacturer of a mercury-added lamp being sold 
or offered for sale does not provide the documentation requested, that 
manufacturer may not be allowed to sell or offer for sale mercury-added lamps in 
the State; and 
(2) A manufacturer of mercury-added lamps sold or being offered for sale in the 
State shall provide upon request a certification to a person who sells or offers for 
sale a mercury-added lamp of that manufacturer. The certification must attest that 
the mercury-added lamp does not contain levels of mercury that would result in 
the prohibition of that lamp being sold or offered for sale in the State. If the 
manufacturer of a mercury-added lamp being sold or offered for sale does not 
provide the certification requested, that manufacturer may not be allowed to sell 
or offer mercury-added lamps for sale in the State. 
3. 
Mercury-added lamp purchasing. 
When making purchasing decisions on 
mercury-added lamps and ballasts, the Department of Administrative and Financial 
Services, in consultation with the department and the Public Utilities Commission, shall 
request information on mercury content, energy use, lumen output and lamp life from 
potential suppliers and shall issue specifications and make purchasing decisions that favor 
models at comparable cost with high energy efficiency, lower mercury content and longer 
lamp life. Information obtained on mercury content, energy use and lamp life must be 
made available by the Department of Administrative and Financial Services to other 
purchasers who purchase a large number of mercury-added lamps. This information must 
also be posted on the State's publicly accessible website.' 
Amend the bill in section 1 in § 1672 in subsection 4 by striking out all of the first 5 
lines (page 2, lines 15 to 19 in L.D.) and inserting the following: 
'4. 
Manufacturer recycling programs for household mercury-added lamps. 
Effective January 1, 2011, each manufacturer of mercury-added lamps sold or distributed 
for household use in the State on or after January 1, 2001 shall individually or 
collectively implement a department-approved program for the recycling of mercury-
added lamps from households.' 
Amend the bill in section 1 in § 1672 in subsection 4 in paragraph A in subparagraph 
(1) in the last line (page 2, line 22 in L.D.) by inserting after the following: "cost" the 
following: " including but not limited to municipal collection sites and participating retail 
establishments' 
Amend the bill in section 1 in § 1672 in subsection 4 by striking out all of paragraph E 
(page 3, lines 9 to 19 in L.D.) and inserting the following: 
'E. 
Beginning April 15, 2013, and biennially thereafter, the department shall 
calculate the. percentage of mercury-added lamps recycled from households and 
report to the joint standing committee of the Legislature having jurisdiction over 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" A" to H,P. 675, L.D. 973 
natural resources matters on any modifications to the manufacturer recycling 
programs it intends to make to improve mercury-added lamp recycling rates and any 
recommendations for statutory changes needed to facilitate mercury-added lamp 
collection and recycling.' 
Amend the bill in section 1 in § 1672 in subsection 4 in paragraph F in the 4th line 
(page 3, line 23 in L.D.) by inserting after the following: "lamps to" the following: 
'municipalities and' 
' 
Amend the bill in section I in § 1672 by inserting after subsection 4 the following: 
'5. Applicability. The requirements of this section do not apply to motor vehicles as 
defined in Title 29-A, section 101, subsection 42 or watercraft as defined in Title 12, 
section 1300 I, subsection 28 or their component parts.' 
Amend the bill by inserting at the end before the summary the following: 
'Sec. 4. Report on recycling of 'mercury-added lamps from households. 
The Department of Environmental Protection shall submit a report by January I, 20 I 0 to 
the Joint Standing Committee on Natural Resources on the recycling of mercury-added 
lamps from households pursuant to the Maine Revised Statutes, Title 38, section 1672. 
The report must include, but is not limited to: 
I. An assessment of the costs of the manufacturer recycling programs for mercury-
added lamps to manufacturers, consumers, municipalities and others; 
2. After consultation with manufacturers of mercury-added lamps, recommendations 
for streamlining the recycling of mercury-added lamps from households; and 
3. A review and assessment of education and outreach alternatives. 
The Joint Standing Committee on Natural Resources may submit legislation to the 
included in the report.' 
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SUMMARY 
This amendment amends the provisions in the bilI relating to adoption of mercury 
standards by the Department of Environmental Protection by requiring the department to 
establish standards based on California standards instead of standards established for 
lamps sold in the European Union. It amends the requirement relating to mercury-added 
lamp purchasing by the Department of Administrative and Financial Services. It amends 
the definition of "manufacturer" and adds a definition of "municipal collection site." It 
amends the provisions relating to mercury-added lamp manufacturer recycling programs 
by: 
I. Requiring that each manufacturer of mercury-added lamps sold or distributed for 
household use in the State on or after January I, 200 I implement a recycling program; 
2. Requiring manufacturer recycling programs to include municipal colJection sites; 
and 
3. Removing the establishment of a75% recycling goal. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 675, L.D. 973 
It clarifies that motor vehicles and watercraft are not subject to the requirements of 
the law. It requires the Department of Environmental Protection to submit a report by 
January 1, 20] 0 to the Joint Standing Committee on Natural Resources on the recycling 
of mercury-added lamps from households, and it authorizes the committee to submit 
legislation to implement the recommendations in the report. 
FISCAL :\OTE REQURED 
i~e':::tttached) 
COMMITTEE AMENDMENT 
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Approved: 05/15/09 ,;::!;pac 
LD973 
LR 206(02) 
Ail Act To Provide for the Safe Collection and Recycling of Mercury-containing Lighting 
Fiscal Note for Bill as Amended by Committee Amendment "If, 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
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Requiring the Department of Environmental Protection to adopt, implement and enforce mercury content standards for 
lamps, approving manufacturer's recycling plans, producing a report and other administrative duties can be absorbed 
within existing budgeted resources. 
LR0206(02) - Fiscal Note - Page 1 of 1