An Act To Enhance Maine's Electronic Waste Recycling Law
Maine Legislature, Session 124, LD 0536
Committee Amendment CA_B_H500 (House)
Amends: 38 MRSA §1610

COMMITTEE AMENDMENT d3" to H.P. 381, L.D. 536, Bill, "An Act To 
Enhance Maine's Electronic Waste Recycling Law" 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. 38 MRSA §1610, sub-§2, ,0-1 is enacted to read: 
D-1. "Market share" means a manufacturer's national sales of a covered electronic 
device expressed as a percentage of the total of all manufacturers' national sales for 
that category of covered electronic devices. 
Sec. 6. 38 MRSA §1610, sub-§2, Cf[G, as reallocated by RR 2003, c. 2, § 119, is 
amended to read: 
G. 
"Orphan waste" means a covered electronic device, excluding a video game 
console, 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 2007, c. 292, §43, is further 
amended to read: 
5. Responsibility for recycling. Municipalities, consolidators, manufacturers and 
the State share responsibility for the disposid of covered electronic devices as provided in 
this subsection. 
A. Each municipality th~t chooses to participate in the state collection and recycling 
system shall ensure that computer monitors ilflii~ 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 coliection and transpor1ation system. 
Page I - 124LR0767(03)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ".&" to H.P. 381, L.D. 536 
B. A consolidator is subject to the requirements of this paragraph. 
(I) Beginning Januaryl, 200'6,'aA consolidator sha:lLidentify the manufacturer 
of each waste comput~rmonitor and 'Naste television' desktop printer'd'elivered to 
a consolidation facility and identified as generated by a household in this State 
and shall maintain an accounting of the number of \vaste household computer 
monitors and ' .... aste household televisions desktop printers by manufacturer. By 
March I st each year beginning in 2007, a consolidator shall provide this 
accounting by manufacturer to the department. 
(I-A) A consolidator shall maintain a written log of the total weight of video 
game consoles delivered each month to the consolidator and identified as 
generated by a household in the State. By March I 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 't'laste 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 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 with in 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 manufilCturers and, television, desktop printer and video game 
console manufacturers are subject to the requirements of this paragraph.' 
(I) 
Ninety days after the department adopts rules as provided for in this 
subparagraph, each Each computer monitor manufacturer and each television 
desktop printer manufacturer 
is individually responsible for handling and 
recycling all computer monitors and televisions 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, 
COMMITTEE AMENDMENT 
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COMMITTEE AME~DMENT }" to H.P. 38 I, L.D. 536 
each computer monitor manufacturer is responsible for a pro rata share of Qrphan 
waste computer monitors and each television desktop printer manufacturer is 
responsible for a pro rata share of orphan waste'televisions desktop· printers 
generated as waste by households in this State and received at consolidation 
facilities in this State. The manufacturers shall pay the reasonable operational 
costs of the consolidator attributable to the handling of all computer monitors 
aM, 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. +He 
manufacturers shall ensure "Reasonable operational costs" includes the costs 
associated with ensuring that consolidation facilities are geographically located to 
conveniently serve all areas of the State as de~ermined 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 identify the criteria that consolidators 
must use to determine reasonable operational costs attributable to the handling of 
computer mOhitors 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 III 0 of I %, 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 1/10 of I % or more of the market. 
(2) Each computer monitor manufacturer anti, 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 
consolidator. 
E. Annually, beginningJanuary 1, 2006, by January I st the department -shall provide 
manufacturers of computer monitors and desktop printers and consolidators with a 
listing of each manufacturer's pro rata share of orphan waste computer monitors and 
televisions 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 by 
January I st, the department shall also provide manufacturers of video game consoles 
and consolidators with a listing of each video game console manufacturer's 
propOJiional market share responsibility for the recycling of video game consoles for 
the subsequent calendar year.' 
Amend the bill by inserting after section 8 the following: 
COMMITTEE AMENDMENT 
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COMMlTIEE AMENDMENT "~,, to RP, 381, L,D. 536 
'Sec. 9. 38 MRSA §1610! sub-§7, as amended by-PL 2005, c. 330, §40, is further 
amended to read: 
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7. 
Enforcement; cost recovery. 
The department must enforce this section in 
accordance with the provisions of sections 347-A imd 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 Wa~te Management Fund 
established in section 2201 and seek cost recovery from the nonpaying mariufacturer. 
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 2201.' 
Amend the bill by striking out all of section 12. 
Amend the bill in section 13 in the last line (page 5, line 36 in L.D.) by inserting at 
the end the following: 'Those sections of this Act that amend Title 38, section 1610, 
subsections 5 and 7 take effect January 1, 2010.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the minority report of the committee. Effective January 1, 2010, 
it changes the basis for video game console manufacturers' responsibility for recycling 
video game consoles to a market share basis and it removes tel<::vision manufacturers' 
responsibility for recycling televisions under a return share basis. It differs from the 
majority report in that it does not require manufacturers of computer monitors, 
televisions, desktop printers and video game consoles to pay an annual registration fee of 
$3,000. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Fiscal Detail and Notes 
Approved: 05/30/09 WaC!-
"~;'~~:'124th'MAINE LEGISLATURE 
LD536 
LR 767(03) 
An Act To Enhance Maine's Electronic Waste Recycling Law 
Fiscal Note for Bill as Amended by Committee Amendment 'j3)' . 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to the Department of Environmental Protection associated with modifying Maine's electronic 
waste recycling program can be absorbed within existing budgeted resources. 
LR0767(03) - Fiscal Note - Page 1 of 1