An Act To
Maine Legislature, Session 124, LD 1156
Committee Amendment CA_A_S170 (Senate)

COMMITTEE AMENDMENT "A. " to S.P. 428, L.D. 1156, Bill, "An Act To 
Amend the Laws Governing the Recycling of Televisions" 
Amend the bill in section 3 in subsection 5 in paragraph B in subparagraph (3) in the 
3rd line (page 2, line 3 in L.D.) by striking out the following: "sliding scale basis that is 
representative of the manufacturer's" and inserting the following: 'basis proportional to 
the manufacturer's national' 
Amend the bill in section 3 in subsection 5 in paragraph D in subparagraph (I) in the 
15th to 19th lines (page 2, lines 35 to 39 in L.D.) by striking out the following: "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." and inserting the 
following: '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 I II 0 of I %, the department may deem that market share de 
minim us. A television manufacturer whose market share is deemed 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 de minimus by the 
department must be proportionally allocated to and paid for by the television 
manufacturers that have I II 0 of I % or more onhe market.' 
Amend the bill in section 3 in subsection 5 in paragraph E in the last line (page 3, line 
in L.D.) by inserting after the following: "United States." the following: '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.' 
Page I -124LR0988(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S,P, 428, L.D, 1156 
Amend the bill in section 4 in paragraph A in subparagraph (I) in the 7th to 9th lines 
(page 3, lines 23 to 25 in L.D.) by striking out the following: "For manufacturers of 
televisions, this plan must be based on the manufacturer's taking responsibility for its 
market share of televisions in the State." and inserting the following: 'For manufacturers 
of televisions, this plan must be based on the manufacturer's taking financial 
responsibility for the allowable costs of its proportional market share of televisions as 
determined by the department in accordance with subsection 5, paragraph D, 
subparagraph (I).' 
Amend the bill by inserting after section 5 the following: 
'Sec. 6. Cost review and report. The Department of Environmental Protection 
shall conduct a review of the costs of collection, transportation, handling and recycling of 
the State's household electronic waste recycling program established in the Maine 
Revised Statutes, Title 38, section 1610 and of manufacturer responsibility programs 
implemented in other states for the purpose of identifying opportunities to reduce costs in 
the State's program. The department shall include the results of the review, along with 
any recommendations for changes to Title 38, section 1610 and draft legislation to 
implement the recommended changes, in the report required to be submitted by January 
IS, 2010 pursuant to Title 38, section 161 0, subsection 8. 
The department shall convene a working group to assist in the review. The working 
group must include representation from at least one manufacturer from each product 
category covered by the electronic waste law, an environmental advocacy organization, a 
recycling or consolidation business, a statewide municipal association and other 
interested parties that may have a role in the collection and recycling program. The Joint 
Standing Committee on Natural Resources is authorized to submit legislation related to 
the report submitted pursuant to this section to the Second Regular Session of the 124th 
Legislature. 
Sec. 7. Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 38, section 1610 take effect January 1,2010.' 
SUMMARY 
This amendment clarifies how the market share basis of television manufacturers will 
be determined. It clarifies that the costs of the television recycling program will be 
allocated on a basis proportional to the manufacturer's national market share. 
It 
authorizes the Department of Environmental Protection to deem a television 
manufacturer's market share to be de minimus if the market share is less than 1110 of 1%. 
If the department deems market shares to be de minimus, those market shares must be 
proportionally allocated to other television manufacturers. It requires the department to 
annually provide television manufacturers and consolidators with a listing of each 
manufacturer's proportional market share. It directs the department to conduct a review 
of the costs of the State's household electronic waste recycling program and of 
manufacturer responsibility programs in other states and authorizes the Joint Standing 
Committee on Natural Resources to submit legislation related to the report to the Second 
Regular Session of the 124th Legislature. This amendment establishes an effective date 
for those sections of the bill that amend the laws governing the recycling of televisions. 
FISCAL NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
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Revised: 05/14/09 ;:!;Pac. 
124th MAINE LEGISLATUF..E 
LD 1156 
LR 988(02) 
An Act To Amend the Laws Governing the Recycling of Televisions 
Fiscal Note forUm as Amended by Committee Amendment ,~ " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
.Fiscal Detail and Notes 
The additional costs to the Department of Environmental Protection associated with assisting television manufacturers 
in the television recycling program, producing an annual list of each manufacturer's proportional market share and 
reviewing the cost of Maine's household electronic waste recycling program can be absorbed within existing budgeted 
resources. 
LR0988(02) - Fiscal Note - Page 1 of 1