An Act To Enhance Maine's Electronic Waste Recycling Law
Maine Legislature, Session 124, LD 0536
Committee Amendment CA_A-SA_A_S307 (Senate)
Amends: 38 MRSA §1610

SENATE AMENDMENT" 4" to COMMITTEE AMENDMENT "A" to H.P. 381, 
L.D. 536, Bill, "An Act To Enhance Maine's Electronic Waste Recycling Law" 
Amend the amendment by striking out everything after the title and before the 
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summary and inserting the following: 
'Amend the bill by striking out all of the emergency preamble. 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. 38 MRSA §1610, sub-§2, '1fG, as amended by PL 2009, c. 231, §2 and 
affected by §7, is further amended to read: 
G. 
"Orphan waste" means a covered electronic device, excluding a video game 
console and a television, the manufacturer of which can not be identified or is no 
longer in business and has no successor in interest.' 
Amend the bill by striking out all of section 6 and inserting the following: 
'Sec. 6. 38 MRSA §1610, sub-§5, as amended by PL 2009, c. 231, §3 and 
affected by § 7, is further amended to read: 
5. Responsibility for recycling. Municipalities, consolidators, manufacturers and 
the State share responsibility for the disposal of covered electronic devices as provided in 
this subsection. 
A. Each municipality that chooses to participate in the state collection and recycling 
system shall ensure that computer monitors il!14~ televisions, desktop printers and 
video game consoles generated as waste from households within that municipality's 
jurisdiction are delivered to a consolidation facility in this State. A municipality may 
meet this requirement through collection at and transportation from a local or 
regional solid waste transfer station or recycling facility, by contracting with a 
disposal facility to accept waste directly from the municipality's residents or through 
curbside pickup or other convenient collection and transportation system. 
B. A consolidator is subject to the requirements of this paragraph. 
(1) 
A consolidator shall identify the manufacturer of each waste computer 
monitor and desktop printer delivered to a consolidation facility and identified as 
generated by a household in this State and shall maintain an accounting of the 
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SENATE AMENDMENT" A, to COMMITTEE AMENDMENT "A" to H.P. 381, L.D. 536 
number of waste household computer monitors and desktop printers by 
manufacturer. 
By March 1st each year, a consolidator shall provide this 
accounting by manufa~turer to the department. 
(I-A) 
A consolidator shall maintain a written log of the total weight of 
televisions and video game consoles delivered each month to the consolidator 
and identified as generated by a household in the State. By March 1 st each year, 
a consolidator shall provide this accounting to the department. 
(2) 
A consolidator may perform the manufacturer identification required by 
subparagraph (I) at the consolidation facility or may contract for this 
identification and accounting service with the recycling and dismantling facility 
to which the waste is covered electronic devices are shipped. 
(3) 
A consolidator shall work cooperatively with manufacturers to ensure 
implementation of a practical and feasible financing system with costs calculated 
for televisions on a basis proportional to the manufacturer's national market share 
of televisions in the State multiplied by the total pounds recycled and with costs 
calculated for video game consoles on a basis proportional to the manufacturer's 
national market share of video game consoles in the State multiplied by the total 
pounds recycled. At a minimum, a consolidator shall invoice the manufacturers 
for the handling, transportation and recycling costs for which they are responsible 
under the provisions of this subsection. 
(4) 
A consolidator shall transport waste computer monitors and 
waste~ 
televisions, desktop printers and video game consoles to a recycling and 
dismantling facility that provides a sworn certification pursuant to paragraph C. 
A consolidator shall maintain for a minimum of 3 years a copy of the sworn 
certification from each recycling and dismantling facility that receives covered 
electronic devices from the consolidator and shall provide the department with a 
copy of these records within 24 hours of request by the department. 
C. 
A recycling and dismantling facility shall provide to a consolidator a sworn 
certification that its handling, processing, refurbishment and recycling of covered 
electronic devices meet guidelines for environmentally sound management published 
by the department. 
D. Computer monitor manufacturers and~ television, desktop printer and video game 
console manufacturers are subject to the requirements of this paragraph. 
(1) 
Ninety days after tHe department adopts rules as provided for in tHis 
subparagrapH, eaCH Each computer monitor manufacturer and each desktop 
printer manufacturer is individually responsible for handling and recycling all 
computer monitors and desktop printers that are produced by that manufacturer 
or by any business for which the manufacturer has assumed legal responsibility, 
that are generated as waste by households in this State and that are received at 
consolidation facilities in this State. In addition, each computer manufacturer is 
responsible for a pro rata share of orphan waste computer monitors and each 
desktop printer manufacturer is responsible for a pro rata share of orphan waste 
desktop printers generated as waste by households in this State and received at 
SENATE AMENDMENT 
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SENA TE AMENDMENT '* 
to COMMITTEE AMENDMENT "A" to H.P. 381, L.D. 536 
consolidation facilities in this State. The manufacturers shall pay the reasonable 
operational costs of the consolidator attributable to the handling of all computer 
monitors ane~ televisions, desktop printers and video game consoles generated as 
waste by households in this State, the transportation costs from the consolidation 
facility to a licensed recycling and dismantling facility and the costs of recycling. 
"Reasonable operational costs" includes the costs associated with ensuring that 
consolidation facilities are geographically located to conveniently serve all areas 
of the State as determined by the department. The recycling of televisions must 
be funded by allocating the cost of the program among the manufacturers selling 
televisions in the State on a basis proportional to the manufacturer's national 
market share of televisions. 
The department shall annually determine each 
television manufacturer's recycling share based on readily available national 
market share data. If the department determines that a television manufacturer's 
market share is less than 1/10 of 1 %, the department may EIeem determ ine that 
market share de minimus. 
A television manufacturer whose market share is 
deemed determined de minimus by the department is not responsible for payment 
of a pro rata share of televisions for the corresponding billing year. The total 
market shares deemed determined de minimus by the department must be 
proportionally allocated to and paid for by the television manufacturers that have 
0 of 1 % or more of the market. 
The manufacturers shall ensure that 
consolidation facilities are geographically located to conveniently serve all areas 
of the State as determined by the department. 
By November 1, 2005, the 
department shall adopt routine technical rules as defined in Title 5, chapter 375, 
subchapter 2 A that identii)' the criteria that consolidators must use to determine 
reasonable operational costs attributable to the handling of compl:lter monitors 
and televisions. The recycling of video game consoles must be funded by 
allocating the cost of the program among the manufacturers selling video game 
consoles in the State on a basis proportional to the manufacturer's national market 
share of video game consoles. The department shall annually determine each 
video game console manufacturer's recycling share based on readily available 
national market share data. If the department determines that a video, game 
console manufacturer's market share is less than 111 0 of 1 %, the department may 
determine that market share de minimus. A video game console manufacturer 
whose market share is determined de minimus by the department is not 
responsible for payment of a pro rata share of video game consoles for the 
corresponding billing year. The total market shares determined de minimus by 
the department must be proportionally allocated to and paid for by the video 
game console manufacturers that have 111 0 of 1 % or more of the market. 
(2) Each computer monitor manufacturer ane~ television manufacturer, desktop 
printer manufacturer and video game console manufacturer shall work 
cooperatively with consolidators to ensure implementation of a practical and 
feasible financing system. 
Within 90 days of receipt of an invoice, a 
manufacturer shall reimburse a consolidator for allowable costs incurred by that 
consol idator. 
E. Annually, by January 1 st the department shall provide manufacturers of computer 
monitors and desktop printers and consolidators with a listing of each manufacturer's 
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SENATE AMENDMENT"i+" to COMMITTEE AMENDMENT "A" to H.P. 381, L.D. 536 
pro rata share of orphan waste computer monitors and desktop printers. 
The 
department shall determine each manufacturer's pro rata. share based on the best 
available information, including but not limited to data provided by manufacturers 
and consolidators and data from electronic waste collection programs in other 
jurisdictions within the United States. Annually, the department shall also provide 
manufacturers of televisions and consolidators with a listing of each television 
manufacturer's proportional market share responsibility for the recycling of 
televisions for the subsequent calendar year. 
Annually. by January 1st, the 
department shall also provide manufacturers of video game consoles and 
consolidators with a listing of each video game console manufacturer's proportional 
market share responsibility for the recycling of video game consoles for the 
subsequent calendar year.' 
Amend the bill by striking out all of section 7 and inserting the following: 
'Sec. 7. 38 MRSA §1610, sub-§6, as amended by PL 2009, c. 231, §4 and 
affected by §7, is repealed.' 
Amend the bill in section 8 in subsection 6-A in the first paragraph in the last line 
(page 4, line 35 in L.D.) by striking out the following: "that includes" and inserting the 
following: 'and pay to the department an annual registration fee of $3,000. The annual 
registration must include' 
Amend the bill in section 8 in subsection 6-A in the last paragraph in the last line 
(page 5, line 18 in L.D.) by inserting after the following: "of the change." the following: 
'Registration fees collected by the department pursuant to this subsection must be 
deposited in the Maine Environmental Protection Fund established in section 351.' 
Amend the bill by inserting after section 8 the following: 
'Sec. 9. 38 MRSA §1610, sub-§7, as amended by PL 2009, c. 231, §5 and 
affected by §7, is further amended to read: 
7. 
Enforcement; cost recovery. 
The department must enforce this section in 
accordance with the provisions of sections 347-A and 349. If a manufacturer fails to pay 
for the costs allocated to it pursuant to section 1610, subsection 5, paragraph D, 
subparagraph (1), including, for a computer monitor manufacturer and a desktop printer 
manufacturer, its pro rata share of costs attributable to orphan waste, the department may 
pay a consolidator its legitimate costs from the Maine Solid Waste Management Fund 
established in section 220 I and seek cost recovery from the nonpaying manufacturer. 
Any nonpaying manufacturer is liable to the State for costs incurred by the State in an 
amount up to 3 times the amount incurred as a result of such failure to comply. 
The Attorney General is authorized to commence a civil action against any manufacturer 
to recover the costs described in this subsection, which are in addition to any fines and 
penalties established pursuant to section 349. Any money received by the State pursuant 
to this subsection must be deposited in the Maine Solid Waste Management Fund 
established in section 220 I.' 
Amend the bill in section II in the first line (page 5, line 29 in L.D.) by striking out 
the following: "2009" and inserting the following: '20 I 0' 
Amend the bill by striking out all of sections 12 and 13 and inserting the following: 
SENATE AMENDMENT 
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SENA TE AMENDMENT" A" to COMMITIEE AMENDMENT "A" to H.P. 381, L.D. 536 
'Sec. 12. Effective date. That section of this Act that repeals the Maine Revised 
Statutes, Title 38, section 1610, subsection 6 and that section of this Act that enacts Title 
38, section 1610, subsection 6-A take effect July 1,2010.' 
Amend the bill by striking out all of the emergency clause. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.' 
SUMMARY 
This amendment corrects a conflict to incorporate the changes made in the bill to 
those recently enacted in Public Law 2009, chapter 231. It adds desktop printers and 
video game consoles to the list of electronic devices that are covered in the provisions of 
the bill. 
This amendment strikes the emergency preamble and emergency clause and extends 
the date by which manufacturers must submit the first registration from July 1, 2009 to 
July 1,2010. 
SPONSORED BY: 
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(Senator GOODA 
COUNTY: Sa 
SENATE AMENDMENT