An Act To Provide for the Safe Collection and Recycling of Mercury-containing Lighting
Maine Legislature, Session 124, LD 0973
Committee: Natural Resources
Sponsors: BERRY, RA YE, BRYANT, CAMPBELL, FLAHERTY, GOODE, HARVELL, HILL, HINCK, HUNT, WALSH INNES, KNAPP, O'BRIEN, ROTUNDO, BRANNIGANof Cumberland, PLOWMAN
Amends: 38 MRSA §1672

Legislative Document 
No. 973 
H.P.675 
House of Representatives, March 10, 2009 
An Act To Provide for the Safe Collection and Recycling of 
Mercury-containing Lighting 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative BERRY of Bowdoinham. 
Cosponsored by Senator RA YE of Washington and 
'7Y/A-~ 1I1.77!t!£~{ 
MILLICENT M. MacEARLAND 
Clerk 
Representatives: BRYANT of Windham, CAMPBELL of Newfield, FLAHERTY of 
Scarborough, GOODE of Bangor, HARVELL of Farmington, HILL of York, HINCK of 
Portland, HUNT of Buxton, WALSH INNES of Yarmouth, KNAPP of Gorham, 
MacDONALD of Boothbay, McKANE of Newcastle, O'BRIEN of Lincolnviile,'PETERSON 
of Rumford, PlOTT! of Unity, ROTUNDO of Lewiston, Senators: BRANNIGANof 
Cumberland, McCORMICK of Kennebec, PLOWMAN of Penobscot, SMITH oTPiscataquis. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1672 is enacted to read: 
§1672. Mercury-added lamps 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. ."Manufacturer" means a person who owns the brand name of a mercury-added 
lamp or a person who serves as the importer or domestic distributor of a mercury-
added lamp if the brand-name owner is located outside of the United States. 
B. "Mercury-added lamp" means an electric lamp to which mercury is intentionally 
added during the manufacturing process, including, but not limited to, linear 
fluorescent, compact fluorescent, black light, high-intensity discharge, ultraviolet and 
neon lamps. 
C. "Person" means any individual, corporation, partnership, cooperative, association, 
fIrm, sole proprietorship, government agency or other entity. 
D. 
"RoHS directive" means Directive 2002/95/EC, adopted by the European 
Parliament and the Council of the European Union on January 27, 2003, on the 
restriction of certain hazardous substances in electrical and electronic equipment, as 
amended thereafter by the Commission of European Conununities. 
2. Mercury content standards. The department shall adopt, implement and enforce 
mercury content standards for lamps sold or distributed in the State. The standards must 
be adopted as routine technical rules in accordance with Title 5, chapter 375, subchapter 
2-A. The standards must be consistent with standards established for lamps sold in the 
European Union pursuant to the RoHS directive. 
A. After January 1, 2010, a person may not manufacture a lamp for sale in the State 
that does not meet the mercury content standards adopted by the department. 
B. After January 1, 2010, a person may not sell or offer for sale in the State a lamp 
if: 
(1) The lamp being sold or offered for sale was manufactured on or after January 
1, 2010 and does not meet the mercury content standards adopted by the 
department; 
(2) The manufacturer of the lamp sold or being offered for sale fails to provide 
the documentation to the department required by paragraph C; or 
(3) The manufacturer of the lamp being sold or offered for sale does not provide 
the certifIcation required in paragraph D. 
C. At the request of the department, a manufacturer of a lamp sold or being offered 
for sale in the State shall submit within 28 days of the date of the request technical 
documents or other information showing that the manufacturer's lamp sold or offered 
for sale in the State complies with the mercury content standards adopted by the 
department. 
Page I - 124LR0206(Ol)-1 
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D. A manufacturer of a lamp sold or being offered for sale in the State shall: 
(1) 
Provide certification to a person who 'sells or offers for sale that 
manufacturer's lamp. 
The certification must attest that the lamp meets the 
mercury content standards adopted by the department; or 
(2) Prominently display the certification required by subparagraph (1) on the 
shipping container or 011 the packaging of the lamp .. 
3. 
Mercury-added lamp purcbasing. 
When making purchasing decisions 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 and lamp life from potential suppliers and shall prefer lamps with the lowest 
possible mercury content and, when applicable, energy-efficient, mercury-free digital 
lighting. 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. 
4. 
Manufacturer recycling programs for household mercury-added lamps. 
Effective January 1, 2011, each manufacturer offering for sale or distributing mercury-
added lamps in the State shall individually or collectively implement a department-
approved program for the recycling of mercury-added lamps sold or distributed in the 
State for household use. 
A. The recycling program required under this subsection must include: 
(1) Convenient collection locations located throughout the State where residents 
can drop off their household lamps without cost; 
(2) Handling and recycling equipment and practices in compliance with the 
universal waste rules adopted pursuant to section l319-0, subsection 1, 
paragraph F and all other applicable requirements; 
(3) Effective education and outreach, including, but not limited to, point-of-
purchase signs and other materials provided to retail establishments without cost; 
and 
(4) An annual report to the department on the number of mercury-added lamps 
recycled under the manufacturer's program, the estimated percentage of mercury-
added lamps available for recycling that were recycled under the program and the 
methodology for estimating the number of mercury-added lamps available for 
recycling, an evaluation of the effectiveness of the recycling program, 
recommendations for increasing the number of lamps recycled under the 
recycling program and an accounting of the costs associated with administering 
and implementing the recycling program. 
B. A manufacturer required to implement a recycling program under this subsection 
shall submit its proposed recycling program for department review and approval. 
The department shall solicit public comment on the proposed program before 
approving or denying the program. 
C. Beginning April 1, 2011, a manufacturer not in compliance with this section is 
prohibited from offering any mercury-added lamp for final sale in the State or 
distributing any mercury-added lamp in the State. A manufacturer not in compliance 
with this section shall provide support to retailers to ensure the manufacturer's 
mercury-added lamps are not offered for sale, sold at [mal sale or distributed in the 
State. 
D. Beginning April 1, 2011, a retailer may not offer for final sale a mercury-added 
lamp produced by a manufacturer not in compliance with this section. 
The 
department shall notify retailers of the manufacturers of mercury-added lamps not in 
compliance with this section. 
E. If on January 1, 2013 or during a subsequerit biennial repoifirigpenodUilder this
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paragraph the rate at which household mercury-added lamps sold in the State are 
recycled under manufacturer recycling programs pursuant to this section is not at 
least 75%, the department may require modifications to the programs. 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 natural resources 
matters on the progress made in achieving the recycling goals, 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. 
F. The department may determine that a manufacturer's recycling program is in 
compliance with paragraph A, subparagraphs (1), (2) and (4) for the collection of 
compact fluorescent lamps from households if the manufacturer provides adequate 
financial support for the collection and recycling of such lamps to a conservation 
program established pursuant to Title 35-A, section 3211-A and implemented by the 
Public Utilities Commission. 
Sec. 2. Recycling program submission date for existing manufacturers. A 
manufacturer subject to the Maine Revised Statutes, Title 38, section 1672 and in 
existence on the effective date of this Act shall submit its proposed recycling program 
pursuant to Title 38, section 1672, subsection 4, paragraph B by January 1, 2010. 
Sec. 3. Report on recycling of mercury-added lamps from businesses. The 
Department of Environmental Protection shall submit a report by January 1, 2010 to the 
Joint Standing Committee on Natural Resources on the recycling of mercury-added lamps 
from businesses, including, but not limited to, linear fluorescent lamps. The report must 
include: 
1. An estimate of the number of mercury-added lamps recycled and the recycling 
rate for mercury-added lamps from businesses over each of the last 3 years; 
2. A comprehensive strategy for improving lamp recycling rates; 
3. Any legislation necessary to implement the strategy proposed in the report; and 
4. The availability of nonmercury lamps to replace mercury-added lamps. 
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The Joint Standing Committee on Natural Resources may submit legislation to the 
included in the report. 
SUMMARY 
This bill requires each manufacturer of mercury-added lamps to implement a 
mercury-added lamp recycling program for the recycling of the mercury-added lamps 
sold or distributed in the State for househol.d use. It authorizes the Department of 
"EnviroIlIIiental Protection'toadopt mercufy c'ontent standards established for lamps sold 
in the European Union pursuant to the RoHS directive. It directs the Department of 
Administrative and Financial Services to prefer lamps with the lowest possible mercury 
content when making purchasing decisions. It requires the Department of Environmental 
Protection to submit a report by January 1, 2010 to the Joint Standing Committee on 
Natural Resources on the recycling of mercury-added lamps from businesses, and it 
authorizes the committee to submit legislation to implement the recommendations in the 
report.