An Act To Enhance Maine's Electronic Waste Recycling Law
Maine Legislature, Session 124, LD 0536
Committee: Natural Resources
Sponsors: HINCK, GOODALL, BERRY, DUCHESNE, KNAPP, MARTIN, PINGREE, MARRACHE, NUTTING, RECTOR
Amends: 38 MRSA §1310-B, 38 MRSA §1610

FIRST P..EGULAR SESSION-2009 
Legislative Document 
No. 536 
H.P.381 
House of Representatives, Febmary 12, 2009 
An Act To Enhance Maine's Electronic Waste Recycling Law 
(EMERGENCY) 
Reference to tile Committee on Natural Resources suggested and ordered printed. 
Presented by Representative HINCK of Portland. 
Cosponsored by Senator GOODALL of Sagadahoc and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERRY of Bowdoinham, DUCHESNE of Hudson, KNAPP of Gorham, 
MARTIN of Eagle Lake, Speaker PINGREE ofNOlih Haven, Senators: MARRACHE of 
Kennebec, NUTTING of Androscoggin, RECTOR of Knox. 
PrintL'U l\l1 recyckl1 Jlwpt:r 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation requires electronics manufacturers to register by July 1, 
2009, which is before the expiration of the 90-day period; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1310-B, sub-§2, as repealed and replaced by PL 2007, c. 466, 
Pt. A, § 72, is amended to read: 
2. Hazardous waste information and information on mercury-added products 
and electronic devices and mercury reduction plans. 
Information relating to 
hazardous waste submitted to the departlilent under this subchapter, infonnation relating 
to mercury-added products submitted to the department under chapter 16-B, information 
relating to electronic devices submitted to the department under section 1610, subsection 
6, paragraph A, subparagraph (4), division (i) and section 1610, subsection 6, paragraph 
:g 6-A or information relating to mercury reduction plans submitted to the department 
under section 585-B, subsection 6 may be designated by the person submitting it as being 
only for the confidential use of the department, its agents and employees, the Department 
of Agriculture, Food and Rural Resources and the Department of Health and Human 
Services and their agents and employees, other agencies of State Government, as 
authorized by the Governor, employees of the United States Environmental Protection 
Agency and the Attorney General and, for waste information, employees of the 
municipality in which the waste is located. The designation must be clearly indicated on 
each page or other portion of information. The commissioner shall establish procedures 
to ensure that information so designated is segregated from public records of the 
department. The department's public records must include the indication that information 
so designated has been submitted to the department, giving the name of the person 
submitting the information and the general nature of the information. Upon a request for 
information, the scope of which includes information so designated, the commissioner 
shall notify the submittor. Within 15 days after receipt of the notice, the submittor shall 
demonstrate to the satisfaction of the department that the designated information should 
not be disclosed because the information is a trade secret or production, commercial or 
financial information, the disclosure of which would impair the competitive position of 
the submittor and would make available information not otherwise publicly available. 
Unless such a demonstration is made, the information must be disclosed and becomes a 
public record. The department may grant or deny disclosure for the whole or any part of 
the designated information requested and within 15 days shall give written notice of the 
decision to the submittor and the person requesting the designated information. A person 
aggrieved by a decision of the department may appeal only to the Superior Court in 
accordance with the provisions of section 346. 
All information provided by the 
department to the municipality under this subsection is confidential and not a public 
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record under Title 1, chapter 13. In the event a request for such infonnation is submitted 
to the municipality, the municipality shall submit that request to the commissioner to be 
processed by the department as provided in this subsection. 
Sec. 2. 38 MRSA §1610, sub-§2, EJIA, as reallocated by RR 2003, c. 2, §119, is 
amended to read: 
A. 
"Computer monitor" means a covered electronic device that is a cathode ray tube 
or flat panel display primarily intended to display infonnation from a central 
processing unit or the Internet. "Computer monitor" includes a digital picture frame. 
Sec. 3. 38 MRSA §1610, sub-§2, ~C, as reallocated by RR 2003, c. 2, § 119, is 
amended to read: 
C. 
"Covered electronic device" means a computer central processing unit, a desktop 
printer, a video game console, a cathode ray tube, a cathode ray tube device, a flat 
panel display or similar video display device with a screen that is greater than 4 
inches measured diagonally and that contains one or more circuit boards. "Covered 
electronic device" does not include an automobile, a household appliance, a large 
piece of conmlercial or industrial equipment, such as commercial medical equipment, 
that contains a cathode ray tube, a cathode ray tube device, a flat panel display or 
similar video display device that is contained within, and is not separate from, the 
larger piece of equipment, or other medical devices as that tenn is defined under the 
Federal Food, Dmg, and Cosmetic Act. 
Sec. 4. 38 MRS A §1610, sub-§2, iIC-l is enacted to read: 
C-l. "Desktop printer" means a device that prints text or illustrations on paper and 
that is designed for external use with a desktop or portable computer. 
"Desktop 
printer" includes, but is not limited to, a daisy wheel, dot matrix, inkjet, laser, LCD 
and LED line or thennal printer, including a device that perfonns other functions in 
addition to printing such as copying, scanning or transmitting a facsimile. 
Sec. 5. 38 MRSA §1610, sub-§2, ~ 
is enacted to read: 
L. "Video game console" means an interactive entertainment computer or electronic 
device that produces a video display signal that can be used with a display device 
such as a television or computer monitor to display a video game. 
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 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 tlu·ough 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) Beginning January 1, 2006, a A consolidator shall identify the manufacturer 
of each waste computer monitor and waste.1 television, desktop printer and video 
game console 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 waste household.1 televisions, desktop printers 
and video game consoles by manufacturer. By March 1 st each year beginning in 
~, a consolidator shall provide this accounting by manufacturer to the 
department. 
(2) 
A consolidator may perform the manufacturer identification required by 
subparagraph (1) at the consolidation facility or may contract for tIns 
identification and accounting service with the recycling and dismantling facility 
to wInch the ',vaste is covered electrOlnc devices are slnpped. 
(3) 
A consolidator shall work cooperatively with manufacturers to ensure 
implementation of a practical and feasible financing system. At a minimum, a 
consolidator shall invoice the manufacturers for the handling, transportation and 
recycling costs for wInch they are responsible under the provisions of this 
subsection. 
(4) 
A consolidator shall transport waste computer monitors and waste.1 
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 nlinimum 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. 
D. Computer monitor manufacturers and.1 television, desktop printer and video game 
console manufacturers are subject to the requirements oftlns paragraph. 
(1) 
Ninety days after the department adopts rules as provided for in this 
subparagraph, each Each computer mOlntor manufacturer and .1 each television 
manufacturer, each desktop printer manufacturer and each video game console 
manufacturer is individually responsible for handling and recycling all computer 
monitors and .1 televisions, desktop printers and video game consoles 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 monitor manufacturer is responsible for a pro rata share of orphan 
waste computer monitors and .1 each television manufacturer is responsible for a 
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pro rata share of orphan waste televisions, each desktop printer manufacturer is 
responsible for a pro rata share of orphan waste desktop printers and each video 
game console manufacturer is responsible for a pro rata share of orphan waste 
video game consoles 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 ana .1 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. The manufacturers shall ensure Reasonable operational costs 
include ensuring 
that consolidation facilities are geographically located to 
conveniently serve all areas of the State as detemuned 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 detennine reasonable operational costs attributable to the handling of 
computer monitors and televisions. 
(2) Each computer monitor manufacturer ana.1 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, begimling January 1, 2006, by January 1st the department shall provide 
manufacturers and consolidators with a listing of each manufacturer's pro rata share 
of orphan waste computer monitors ana.1 televisions, desktop printers and video game 
consoles. 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 witlun the United States. 
Sec. 7. 38 MRSA §1610, sub-§6, as amended by PL 2007, c. 292, §44, IS 
repealed. 
Sec. 8. 38 MRSA §1610, sub-§6-A is enacted to read: 
6-A. Manufacturer registration. By July 1 st annually, a manufacturer that offers 
or has offered a computer monitor, television, desktop printer or video game console for 
sale in this State shall submit a registration to the department that includes: 
A. The name, contact and billing information of the manufacturer; 
B. The manufacturer's brand name or names and the type of televisions, video game 
consoles, computer monitors and desktop printers on which each brand is used, 
including: 
(1) All brands sold in the State in the past; and 
(2) All brands currently being sold in the State; 
c. When a word or phrase is used as the label, the manufacturer must include that 
word or phrase and a general description of the ways in which it may appear on the 
manufacturer's electronic products; 
D. When a logo, mark or image is used as a label, the manufacturer must include a 
graphic representation of the logo, mark or image and a general description of the 
logo, mark or image as it appears on the manufacturer's electronic products; 
E. The method or methods of sale used in the State; 
F. Annual sales data on the number and type of computer monitors, televisions, 
desktop printers and video game consoles sold by the manufacturer in this State over 
the 5 years preceding the filing of the plan. The department may keep information 
submitted pursuant to this paragraph confidential as provided under section 13l0-B; 
and 
G. The manufacturer's consolidator handling option for the next calendar year, as 
selected in accordance with rules adopted pursuant to subsection 10. 
A manufacturer's annual registration filed subsequent to its initial registration must 
clearly delineate any changes in infOlmation from the previous year's registration. 
Whenever there is any change to the infOlmation on the manufacturer's registration, the 
manufacturer shall submit an updated form within 14 days of the change. 
Sec. 9. 38 MRSA §1610, sub-§10 is enacted to read: 
10. Rulemaldng. The department shall adopl routine techIlical rules as defined in 
Title 5, chapter 375, subchapter 2-A as necessary to implement, administer and enforce 
this chapter. The rules must identify the criteria that consolidators must use to determine 
reasonable operational costs attributable to the handling of computer monitors, video 
game consoles, televisions and desktop printers. 
Sec. 10. 38 MRS A §1610, sub-§n is enacted to read: 
11. Interstate clearinghouse for electronic waste. The department may participate 
in the establishment and implementation of a regional multistate organization or compact 
to assist in carrying out the requirements of this chapter. 
Sec. n. Transition. 
Prior to July 1, 2009, a manufacturer may meet the 
requirements of the Maine Revised Statutes, Title 38, section 1610, subsection 6 by 
registering in accordance with section 1610, subsection 6-A as enacted in this Act. 
Sec. 12. Application. The provisions of the Maine Revised Statutes, Title 38, 
section 1610, subsection 5, paragraph D apply to desktop printers and video game 
consoles beginning January 1,2010. 
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Sec. 13. Effective date. That section of this Act that enacts the Maine Revised 
Statutes, Title 38, section 1610, subsection 6-A takes effect July 1,2009. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved, except as otherwise indicated. 
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SUMMARY 
This bill amends Maine's electronics recycling laws to do the following. 
1. It adds desktop printers and video game consoles to the electronic devices covered 
by the recycling laws. 
2. It clarifies that digital picture frames are a type of computer monitor and, as such, 
are subject to the recycling laws. 
3. It repeals provisions that cunently require manufacturers of covered electronic 
devices to submit a recycling plan and an annual report to the Department of 
Envirom11ental Protection and replaces the repealed manufacturer responsibility 
provisions with an ammal registration requirement designed to reduce the regulatory 
burden for manufacturers while providing the information needed by the Department of 
Enviromnental Protection to effectively administer the recycling laws.