An Act To Continue To Reduce IVlercury Use and Emissions
Maine Legislature, Session 124, LD 1042
Committee: Natural Resources
Sponsors: BRYANT, DUCHESNE, EBERLE, PERRY, VAN WIE, WELSH, BARTLETT, GOODALL
Amends: 38 MRSA §1661, 38 MRSA §1661-C, 38 MRSA §1665-A, 38 MRSA §1665-B

MAINE STATE LEGISLATURE 
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124th·Mi\INE LEGISLATURE 
Legislative Document 
No. 1042 
. H.P. 717 
House of Representatives, March 17,2009 
An Act To Continue To Reduce IVlercury Use and Emissions 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative TREAT ·ofHallowel1. 
'I7/;U~ 1!7.1J?tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BRYANT of Windham, DUCHESNE of Hudson, EBERLE 
of South Portland, PERRY of Calais, VAN WIE of New Gloucester, WELSH of Rockport, 
Senators: BARTLETT of Cumberland, GOODALL of Sagadahoc. 
PrilllL'J Oil rccyclct..l pilpCI 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1661, sub-§4, ~s repealed and replaced by PL 2003, c, 221, 
§2, is amended to read: 
. 4. Mercury switch. "Mercury switch" means a mercury~added product or device 
that opens. or doses an electrical circl:lit or gas valve for measuring, controlling or 
regulating the flow of gas, other fluids or electricity. "Mercury switch" includes mercury 
float switches actuated by rising or falling liquid levels, mercury tilt switches actuated by 
a change in the switch position, mercury'pres'sure'-switchesactuated by a' change in 
pressure, mercury temperature switches actuated by a change in temperature aHd., 
mercury flame sensors and mercury connectors for making, breaking or changing the 
connection in an electricalcircilit. . "Mercury switch" does not include a mercury:-added 
thermostat as defined insection I665-B, subsection 1, paragraph B. 
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Sec. 2. 38 MRSA §1661-C, sub-§5, as amended by PL 2003, c. 221, §3, IS 
repealed. 
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Sec. 3. 38 MRS A §1661-C, sub-§l1 is enacted to read: 
11. Recoil reduction devices. Beginning January 1, 2010, a person may not sell or 
offer to sell or distribute a device for reducing recoil when discharging a firearm if the 
device contains mercury. 
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Sec. 4. 38 MRS A §1661-C, sub-§12 is enacted to read: 
12. Wheel balancing products. Beginning January 1, 2010, a person may not sell 
or offer to seI'1 or distribute weights or other products for balancing motor vehicle wheels 
if the product contains mercury. . 
Sec. S. 38 MRSA §1665-A,sub-§5, as amended by PL 2005, c. 561, §9, IS 
further amended to read: 
5. Motor vehicle manufacturer responsibility. Manufacturers of motor vehicles 
sold in this State that contain mercury switches or mercury head lamps shall, individually 
or collectively, do the following: 
A. By Janl:lary 1,2003, establish and maintain consolidation facilities geographically 
located to serve all areas of the State to ';."hich mercm)' s,.vitches removed pl:lrsl:lant to 
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this section may be transported by the persons performing the removal. 
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consolidation facility may not be a facilit)i that is licensed in the State as a ne'>", or 
l:lsed al:ltomobile dealership; Establish a system to collect and recycle mercury 
switches removed pursuant to subsection 3. The system may consist of consolidation 
facilities geographically located to serve all areas of the State to which the switches 
may be transported by the persons performing the removal or any other colleCtion 
methodology approved by the department. The system must be convenient to use, 
must accept the switches free of charge and may not provide for collection of the 
switches at an automobile dealership; 
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B. Pay for each mercury s'.",itch brought to the consolidation facilities as partial 
compensation for the removal, storage and transport of the s'.vitches a minimum of$4 
if the vehicle identification number of the source vehicle is provided. If the vehicle 
identification number of the sourc~ vehicle is not provided, no payment is required; 
For each mercury switch collected pursuant to paragraph A, pay a minimum of $4 to 
the person responsible for removing the switch whether or not the vehicle 
identification number of the source vehicle is provided; 
C. 
Ensure that mercury switches redeemed at the consolidation centers collected 
pursuant to paragraph A are managed in accordance with the universal waste mles 
adopted by the board under subsection 8; and 
D. 
Provide the department and persons who remove motor vehicle components 
under this section with information, training and other technical assistance required to 
facilitate removal and recycling of the components in accordance with the universal 
waste rules adopted by the board under subsection 8, including, but not limited to, 
information identifYing the motor vehicle models that contain or may contain 
mercury switches or mercury headlamps. 
The goal of this collection and re,cycling effort is to collect arid recycle at least 90 pounds 
of mercury per year from minimize mercury emissions to the environment by ensuring 
that all mercury switches are removed from motor vehicles for recycling before the 
vehicles are flattened, baled or crushed. 
By September 30, 2002, motor vehicle 
manufacturers shall provide the department ',vith a plan as to hm", they intend to comply 
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with the requirements of this subsection .. 
In complying with the requirements of this subsection, manufacturers of motor vehicles 
shall establish a system that does not require a person who removes a mercury switch to 
segregate switches separately according to each manufacturer of motor vehicles from 
which the switches are removed. 
Sec. 6. 38 MRSA §1665-B, sub-§l, as enacted by PL 2005, c. 558, §1, IS 
repealed and the following enacted in its place: 
1. Definitions. For purposes of this section, unless the context otherwise indicates, 
the following terms have the following meanings. 
A. 
"Manufacturer" means the ·first person who assembles component parts into a 
functioning thermostat. "Manufacturer" does not include a person who purchased a 
functioning mercury thermostat and affixed its brand or label to the thermostat for 
resale. 
B. "MercUly-added thermostat!' or "mercury thermostat" means a product or device 
that uses a mercury switch to sense and control room temperature. through 
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communication with heating, ventilating or air conditioning equipment. "Mercury-
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added thermostat" or "mercUlY thermostat" includes a thermostat used to sense and 
control room temperature in residential, commercial, industrial and other bufidings 
but does not include a thermostat used to sense and control temperature as pali of a 
manufacturing process. 
c. 
"Retailer" means a person who sells thermostats of any' kind directly to 
homeowners or other nonprofessionals through any' selling or distribution 
mechariism, including, but not limited to, sales using the Internet or catalogues. 
Sec. 7. 38 MRSA §1665-B, sub-§l-A is enacted to read: 
I-A. Prohibition. A person may not sell or offer to sell or distribute for promotional 
purposes a mercury thermostat. 
7. 
Sec. 8. 38 MRSA §1665-B, sub-§2, EjfA, as enacted by PL200~, c. 558, §1, is 
amended to read: 
A. 
Establish and maintain a collection and recycling program for out-of-service 
mercury-added thermostats. The collection and recycling program' must be designed 
and iniplemented to ensure that: 
(1) A maximum rate of collection of mercury-added thermostats is achieved; 
(2) Handling and recycling of mercury-added thermostats are accomplished in a 
manner that is consistent with section 1663, with other provisions of this chapter 
. and with the universal waste rules adopted by the board pursuant to section 
1319-0; 
(3) Authorized bins for mercury-added thermostat collection are made available 
at all heating, ventilation and air conditioning supply, electrical supply and 
plumbing supply distributor locations that sell thermostats and to all retailers who 
volunteer to participate in the program; and 
(4) By January 1,2007, authorized bins for mercury-added thermostat collection 
are made available to municipalities and regions requesting bins for mercury-
added thermostat collection at universal waste collection sites or at periodic 
household hazardous waste collection events, as long as the collection sites or 
events are approved by the department for mercury-added thermostat collections; 
Sec. 9. 38 MRS A §1665-B, sub-§2, e;iF, as enacted by PL 2005, c. 558, § 1, is 
amended to read: 
F. 
Within 3 months after the depaItment develops phase 2 of the plan required by 
subsection 4, provide a financial incentive with a minimum value of $5 for the return 
of each mercury-added thermostat by a homeowner to an established recycling 
collection point; aOO 
Sec. 10. 38 MRS A §1665-B, sub-§2, <SjIG, as enacted by PL 2005, c. 558, §1, is 
amended to read: 
G. 
Beginning in 2008, submit an annual report to the department by January 30th of 
each year that includes. The report must be submitted on a form provided by the 
department and must include at a minimum: 
(1) The number of mercury added thermostats collected and recycled by that 
rrianufacturer pursuant to this section during the previous calendar vear: 
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(2) 
The estimated total amount of mercul)' contained in the thermostat 
components collected by that manufacturer pursuant to this section; 
(3) 
An evaluation of the effectiveness of the manufacturer's collection and 
recycling program and the financial incentive provided pursuant to paragraphs E 
and F; an.a 
(4) 
An accounting of the adm in istrative costs incurred in the course of 
administering the collection and recycling program and the financial incentive 
plan developed pursuant to subsection 4. For the purposes of this subparagraph, 
.. administrative costs are limited to costs associated with processing thermostats 
shipped to the manufacturer for recycling, issuing incentive payments and 
conducting education and outreach activities; and 
(5) The manufacturer's proposed education and outreach plan as required under 
subsection 4-A; 
Sec. 11. 38 MRS A §1665-B, sub-§2, CUR is enacted to read: 
H. Beginning January 1,2010, submit a quarterly report to the department within 30 
days after the end of each quarter that, for each shipment of thermostats received by 
the manufacturer or manufacturer's agent for recycling during the quarter, provides: 
(1) The collection location that shipped the thermostats; 
(2) The date the manufacturer received the shipment; 
(3) The number of mercury thermostats; and 
(4) The total amount of mercury collected. The manufacturer may include in this 
total mercury amounts in devices other than thermostats it made if the shipment 
included such devices and the mercury in those devices 'is recovered; and 
Sec. 12. 38 MRSA §1665-B, sub-§2, ~ is enacted to read: 
I. Beginning January 1, 20io, implement' the education and outreach plan approved 
by the department under subsection 4-A. 
Sec. 13. 38 MRSA §1665-B, sub-§2-A is enacted to read: 
2-A. 
Termination of retailer, participation. 
A manufacturer may tenninate a 
retailer's participation in the collection program under subsection 2, paragraph A only 
after complying with the provisions of this subsection. 
A. The manufacturer must notify the retailer, in writing, of noncompliance with 
program policies and procedures and provide the retailer an opportunity to comply. 
B. If the retailer continues to send in significant ineligible materials through the 
collection program after 3 written notices of noncompliance, the manufacturer may 
terminate the retailer's participation. 
C. For termination to occur under this subsection, the manufacturer must notify the 
retailer and the department in writing. 
Sec. 14. 38 MRSA §1665-B, sub-§4-A is enacted to read: 
4-A. Education and outreach plan. The annual repOli required under subsection 2, 
paragraph G must include a plan setting forth the steps that the manufacturer will take to 
infonn wholesalers, retailers, contractors and homeowners about the thermostat collection 
and recycling program and encourage participation. Copies of all infonnational material 
proposed for distribution must be submitted with the plan. The plan must provide for 
distribution of the informational material at no cost to thermostat wholesalers and 
retailers. 
The department shall review the proposed education and outreach plan within 60 days of 
receipt of the annual report from the manufacturer and may grant, deny or approve the 
plan with or without modifications. The department shall approve the plan upon 
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determining that it is designed to effectively reach thermostat wholesalers, retailers, 
contractors and homeowners in all regions of the State, will be effective in making the 
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public aware of the program and encourages the public's participation by providing an 
effective and consistent recycling message. The department may consider consistency of 
the plan with plans submitted by other manufacturers to ensure ease of implementation by 
wholesalers and retailers. The department also may consider consistency of the plan with 
corresponding education and' outreach efforts in other states to ensure ease of 
implementation by manufacturers. 
Sec. 15. 38 MRSA §1665-B, sub-§5, as enacted by PL 2005, c. 558, § I, IS 
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amended to read: 
. 5. Goals. The goal of the colrection arid recycling efforts under this section is to 
'collect and recycle at least 125 pounds of mercury per year from mercury-added 
thermostats within 2 years after the development of phase one of the plan required by 
subsection 4 and at least 160 pounds of mercury per year within 3 years after the 
dc:velopment of phase 2 of the plan required by subsection 4. Mercury in a product other 
than a thermostat may be counted toward this goal if the product was captured by the 
collection system and the mercury in the 'product was recovered. 
'SUMMARY 
The bill clarifies the definition of the term "mercury switch" as used in the law on 
mercury-added products. 
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The bill bans the sale of devices used to balance motor vehicle wheels and devices 
used to reduce recoil when discharging firearms if the devices contain mercury. 
The bill amends the law governing removal of mercury switches from motor vehicles 
to give auto makers flexibility in the design of systems put in place to collect mercury 
switches from automobile recyclers and junkyard operators who are required by law to 
remove the switches. The bill also eliminates the need to record the 17-digit vehicle 
identification number as a prerequisite to payment of the switch bounty. Automakers will 
be required to pay a minimum of $4 for each switch delivered to them for recycling 
whether or not the vehicle identification number of the source vehicle is provided. 
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The bill consolidates the law banning the sale of mercury thermostats with the law 
that requires manufacturers to establish a program to collect and recycle mercury, 
thermostats placed in service before the ban. ' 
The bill amends the law on collection and recycling of mercury thermostats to: 
1. Limit the applicability of the manufacturer collection requirement by defining 
"manufacturer" to exclude persons whose brand or label appears on the thermostat if the 
thermostat was manufactured by someone else; 
2. Require manufacturers of mercury thermostats to submit a quarterly report on the 
number of thermostats and amount of mercury collected to the Department of 
Environmental Protection; 
3. Require manufacturers to implement an education and outreach plan approved by 
the Department of Environmental Protection and to annually submit a proposed plan to 
the department for review; and 
4. Expand the collection and recycling program to include retailers who volunteer to 
participate.