An Act To Continue To Reduce Mercury Use and Emissions
Maine Legislature, Session 124, LD 1042
Committee Amendment CA_A_H346 (House)
Amends: 38 MRSA §1665-B

COMMITTEE AMENDMENT" II " to H.P. 717, L.D. 1042, Bill, "An Act To 
Continue To Reduce Mercury Use and Emissions" 
Amend the bill by striking out ~ll of sections 3 and 4. 
Amend the bill in section 5 in subsection 5 by striking out all of paragraph B (page 2, 
lines 1 to 7 in L.D.) and inserting the following: 
'B. Pay for each mercury switch brought to the consolidation facilities as partial 
compensation for the removal, storage and transport of the switches a minimum of $4 
if the vehicle identification number of the source vehicle is provided. If the vehicle 
identification number of the source vehicle is not provided, no payment is required;' 
Amend the bill in section 6 in subsection 1 by striking out all of paragraph A (page 2, 
lines 31 to 34 in L.D.) and inserting the following: 
'A. "Manufacturer" means a person who owns or owned a brand of mercury-added 
thermostats sold in the State before January 1, 2006.' 
Amend the bill in section 6 in subsection 1 by inserting after paragraph C the 
following: 
'D. 
"Wholesaler" means a business that the department determines is primarily 
engaged in the distribution and selling of electrical supplies or large quantities of 
heating, ventilation and air conditioning components to contractors that install 
electrical or heating, ventilation and air conditioning components.' 
Amend the bill by striking out all of sections 7 and 8 and inserting the following: 
'Sec. 7. 38 MRSA §1665-B, sub-§l-A is enacted to read: 
1-A. Prohibitions. The following prohibitions apply to the sale or distribution of 
mercury thermostats in the State. 
A. A person may not sell or offer to sell or distribute for promotional purposes a 
mercury thermostat. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A "to H.P. 717, L.D. 1042 
B. A manufacturer not in compliance with this section is prohibited from offering 
any thermostat for sale in the State. A manufacturer not in compliance with this 
section shall provide the necessary support to retailers to ensure the manufacturer's 
thermostats are not offered for sale in this State. 
C. A wholesaler or retailer may not offer for sale in this State any thermostat of a 
manufacturer that is not in compliance with this section. 
Sec. 8. 38 MRSA §1665-B, sub-§2, arrA, as enacted by PL 2005, 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 implemented 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 a reasonable one-time fee not to exceed $25 to 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 
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(4) By January 1,2007, authorized bins for mercury-added thermostat collection 
are made available at a reasonable one-time fee not to exceed $25 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;' 
Amend the bill by striking out all of section 10 and inserting the following: 
'Sec. 10. 38 MRSA §1665-B, sub-§2, ~G, 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 
manufacturer pursuant to this section during the previous calendar year; 
(2) 
The estimated total amount of mercury 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 
andF; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ~ "toH.P. 717,L.D.1042 
(4) 
An accounting of the administrative costs incurred in the course of 
administering the collection and recycling program and the financial incentive 
plan developed pursuant to subsection 4.,..;. 
(5) A description of the education and outreach strategies employed during the 
previous calendar year to increase participation and collection rates and examples 
of education and outreach materials used; and 
(6) Modifications that the manufacturer is proposing to make in its collection and 
recycling program; and' 
Amend the bill in section 11 in paragraph H by striking out all of subparagraph (4) 
(page 4, lines 21 to 23 in L.D.) and inserting the following: 
'(4) The total amount of mercury collected.' 
Amend the bill by striking out all of sections 12 to 15 and inserting the following: 
'Sec. 12. 38 MRSA §1665-B, sub-§2-A is enacted to read: 
2-A. Wholesaler responsibility. A wholesaler shall post in a prominent location 
open to public view a notice about the financial incentive plan developed pursuant to 
subsection 4. 
The notice must be approved by the department and supplied by the 
manufacturer at no cost to the wholesaler. 
Sec. 13. 38 MRSA §1665-B, sub-§2-B is enacted to read: 
2-B. 
Termination of retailer participation. A manufacturer may terminate 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 2 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-§3, as enacted by PL 2005, c. 558, § 1, is 
repealed.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment removes the sections of the bill that ban the sale of mercury-added 
recoil reduction devices and wheel balancing products. The amendment removes the 
provision in the bill that proposed to change the requirement that a vehicle identification 
number must be provided in order to receive payment under the automobile mercury 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A " to RP. 717, L.D. 1042 
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switch recycling program. The amendment makes the following changes to the proposals 
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to amend the law on the collection and recycling of mercury thermostats. 
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1. It amends the definition of "manufacturer" and adds a definition of "wholesaler." 
2. 
It authorizes a one-time fee not to exceed $25 for bins for mercury-added 
thermostat collection. 
3. It amends the annual report requirements. 
4. It amends the quarterly reporting requirements. 
5. It removes the required education and outreach plan. 
6. It authorizes a manufacturer to terminate a retailer's participation in the collection 
program after 2 written notices. The bill proposed termination after 3 written notices. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05117/09 frac 
LD 1042 
LR 889(02) 
An Act To Continue To Reduce Mercury Use and Emissions 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase -General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Environmental Protection associated with improving the mercury thennostat 
collecting and recycling'program and performing other administrative duties can be absorbed within existing budgeted 
resources. 
LR0889(02) - Fiscal Note - Page 1 of 1