An Act To Amend the Laws Governing the Recycling of Televisions
Maine Legislature, Session 124, LD 1156
Committee: Natural Resources
Sponsors: SIMPSON, EBERLE, CRAVEN, GOODALL, BOLDUC, PRATT, RUSSELL
Amends: 38 MRSA §1610

MAINE STATE LEGISLATURE 
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1'24th MAINE LEGISLATURE 
Legislative Document 
No. 1156 
S.P.428 
In Senate, March 25,2009 
An Act To Amend the Laws Governing the Recycling of Televisions 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator SIMPSON of Androscoggin. 
9t[J(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative EBERLE of South Portland and 
, Senators: CRAVEN of Androscoggin, GOODALL of Sagadahoc, Representatives: BOLDUC 
of Auburn, PRATT of Eddington, RUSSELL of Portland. 
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Printed on recycled pDper. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1610, sub-§2, €ffD-l is enacted to read: 
D-l. "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. 2. 38 MRSA §1610, sub-§2, ,G, as reallocated by RR 2003, c. 2, §119, is 
amended to read: 
G. 
"Orphan waste" means a covered electronic device, excluding a television, the 
. manufacturer of which can not be identified or is rio longer in business and has no 
successor in interest. . 
Sec. 3. 38 MRSA §1610, sub-§5, as amended by PL 2007, c. 292, §43, is further 
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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 and televisions 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) Begimling January 1, 2006, a A consolidator shall identify the manufacturer 
of each waste computer monitor and v'/aste tele:'lision delivered to a consolidation 
facility and identified as generated by a household in this State and shall maintain 
an accounting of the number of waste household computer monitors and Vlaste 
household televisions by manufacturer. By March 1 st each year beginning in 
~, 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 
televisions 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 (1) at the consolidation facility or may contract for this 
identification and accounting service with the recycling and dismantling facility 
to which the waste is shipped. 
Page I - 124LR0988(Ol)-1 
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(3) 
A consolidator shall work cooperatively with manufacturers to ensure 
iinplementation of a practical and feasible financing system with costs calculated 
for televisions on a sliding scale basis that is representative of the manufacturer's 
market share of televisions 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 
,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. 
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D. Computer monitor manufacturers and television manufacturers are subject to the 
, requirements of this paragraph. 
(1) 
Ninety days after the department adopts rules as' provided for in this 
subparagraph, each computer monitor manufacturer and each television 
manufacturer is individually responsible for handling and recycling all computer 
monitors and televisions 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 
televis'ion manufacturer is responsible fur a pro rata share of orphan Vlaste 
televisions generated as waste by households in this State and received at 
consolidation facilities in this State. The manufacturers shall pay the r.easonable 
openitional costs of the consolidato'r attributable to the handling of ~ll computer 
monitors and televisions 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. The recyCling of televisions must 
be funded by allocating the cost of the program among the manufacturers selling 
televisions in the State based on a sliding scale that is representative of the 
manufacturer's market share of televisions in the State. Market share information 
must be based on available national market share data. 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, thedepart'ment 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 
monitors and televisions. 
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(2) Each computer monitor manufacturer and television manufacturer shall work, 
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cooperatively with consolidators to ensure implementation of a practical and 
feasible finahcing system. 
Within 90 days of, receipt of an invoice, a 
manufacturer shall reimburse a consolidator for allowable costs incurred by that 
consolidl,ttor. 
E. 
Annually, beginning January 1, 2006, the department shall provide 
manufacturers of computer monitors and consolidators with a listing of each, 
, manufacturer's pr'o rata share of orphan waste computer monitors and televisions. 
The department shall de~ermine 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. 
Sec. 4. ,38 MRSA §1610, sub-§6, ,A, as amended by PL 2007, c. 292,' §44, is 
further amended to read: 
A. A manufacturer shall develop a plan for the collection a~d recycling or reuse of 
computer monitors and televisions as follows. 
27, 
(1) 
By March 1, 2005, a A manufacturer of ,computer 'monitors and a· 
manufacturer of televisions shall develop and submit to the department a plan for 
the collection and recycling or reuse of computer monitors and televisions 
produced by the manufacturer and generated as waste by households in this State .. 
+his For manufacturers of c'omputer monitors, this plan must be based on the 
manufacturer's taking responsibility for its products upon receipt at consolidation 
facilities in the State. For manufacturers of televisions, this plan must be based 
on the manufacturer's taking responsibility for its market share of televisions in 
,the State. Following submission of the original ptan, manufacturers may revise 
their plans at any time as they may consider appropriate in response 'to changing 
circumstances or needs only if these revisions conform to the provisions of this 
section and rules adopted pursuant to this section and are submitted to the 
department in a timely fashion. 
(2) Ninety days after the department adopts rules under subsection 5, paragraph 
D,subparagraph(I), a manufacturer of computer monitors and a manufacturer of 
televisions shall implement and finance the implementation of this plan for the 
collection and recycling or reuse of computer monitors and televisions oroduced 
bv the manufacturer and generated as waste by households in this State. 
(3) Notwithstanding subparagraphs (1) and (2), a manufacturer may satisfy the 
plan requirements of this paragraph by agreeing to participate in a collective 
recovery plan with other manufacturers. The collective r~overy plan must meet 
the same standards and requirements" of the plans submitted by individual 
manufacturers. 
(4) The plan developed by the manufacturer must include; at a minimum: 
(a) 
A ,description of the collection system, including the methods of 
convenient collection; 
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(b) A public education element to infonn the public about the collection 
system, including details' about meeting all consumer notification and 
labeling requirements; 
(c) 
Details For -manufacturers of computer monitors, details for 
implementing and financing . the . handling' of' computer monitors aftd 
televisions produced by the manufacturer and orphan waste computer 
monitors and tele:visions that are generated as waste by households in this 
State and received by consolidation facjlities in this State; 
(c-I) For manufacturers of televisions, details for implementing and 
financing the' handling of televisions that are generated as waste by 
households in this State and received by consolidation facilities in this State; 
(d) Details for the method of reimbursing consolidators for the costs of 
ha11dling and recycling the household computer monitors and televisions; 
(g) Descriptions of the perfonnance .measures that will he used and reported 
by the manufacturer to report recovery and recycling rates fo~ computer 
monitors aftd or televisions at the end of life of those computer monitors and 
televisions; and 
(i) Annual sales data on the number and type of computer monitorsaftd or 
televisions sold by the manufacturer in this State over the 5 years preceding 
the filing of the plan. The department may keep infonnation submitted 
pursuantto this-division confidential as provided under section 131O-B. 
(5) A manufacturer is responsible for all costs associated with the development 
and implementation of the plan. If the costs are passed on to consumers, the 
costs must be jmposed at the time of purchase and not w~th a fee imposed at the 
end of life of the computer monitor or television. 
Sec. 5. 38 MRSA §1610, sub-§7, as amended by PL2005, 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 and 349. If a manufacturer fails to pay 
for the costs allocated to it pl.,ITsuant to section 1610, subsection 5, paragraph D, 
. subparagraph (1), including, for a computer monitor 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 2201 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. 
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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 fmes 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. 
SUMMARY 
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This bill changes the basis for television manufacturers' responsibility for recycling 
televisions toa market share basis. It assigns the cost of the program among television 
manufacturers on a sliding scale based on the number of televisions each mmufacturer 
sells compared to all televisions recycled. 
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