An Act To Increase Recycling Jobs in Maine and Lower Costs for Maine Businesses Concerning Recycled Electronics
Maine Legislature, Session 125, LD 0981
Committee Amendment CA_A_H315 (House)
Amends: 38 MRSA §1319-R, 38 MRSA §1610

COMMITTEE AMENDMENT ,/1 " 
to RP. 725, L.D. 981, Bill, "An Act To 
Increase Recycling Jobs in Maine and Lower Costs for Maine Businesses Concerning 
Recycled Electronics" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'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 increases the functions electronics demanufacturing 
facilities may undertake, vvhich \viII enable such facilities to expand and it is ilnportant 
that the legislation take effect as soon as possible due to Maine's economy and the need 
for job expansion; 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,' 
Amend the bill by inserting after the enacting clause the following: 
'Sec. 1. 38 MRSA §1319-R, sub-§l,,n is enacted to read: 
D. 
If the commissioner determines based on documentation received from an 
electronics demanufacturing facility licensed by the department that the facility meets 
the provisions of this paragraph, the commissioner may allow the facility to 
undertake the controlled breakage of cathode ray tubes. If the commissioner does not 
approve or deny the facility's request to undertake controlled breakage of cathode ray 
tubes within 30 calendar days of receiving the documentation, the facility may 
undertake controlled breakage of cathode ray tubes in accordance with the provisions 
of this paragraph. 
(1) The facility shall ensure that no crushing or treatment of universal waste or 
hazardous subcomponents occurs other than dismantling except that controlled 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 725, L.D. 981 
breakage of cathode ray tubes may be performed in a manner protective of public 
health and safety and the environment. Controlled breakage of cathode ray tubes 
may occur only in a dedicated space with ventilation equipment that prevents the 
release of fugitive emissions to adjacent areas. Lead and cadmium concentrations 
immediately outside the dedicated space may not significantly exceed 
background levels of lead and cadmium concentrations or current ambient air 
quality standards for the State. The facility shall determine background levels 
through monitoring. The facility shall meet the conditions listed in 40 Code of 
Federal Regulations, Section 261.39 (2010). 
As used in this subparagraph, 
"fugitive emissions" has the same meaning as in section 582, subsection 7-C. 
(2) The facility shall obtain certification from an environmental and safety 
program approved by the department and submit proof of certification to the 
department, except that if a facility has not completed certification, controlled 
breakage of cathode ray tubes may begin prior to certification if: 
(a) The facility provides information to the department on its process of 
achieving certification, including a detailed gap analysis; and 
(b) The controlled breakage is monitored by an environmental professional 
to ensure environmental and safety standards are met. 
(3) The facility shall develop a written operating manual specifying how to 
safely break cathode ray tubes. The operating manual must be available to all 
employees at the facility and include: 
(a) Operating and maintenance procedures developed in accordance with any 
related manufacturer's specifications; 
(b) Procedures for testing and monitoring of equipment; 
Cc) Procedures to address emergency situations, including, but not limited to, 
procedures to address lead and cadmium hazards, waste handling and 
equipment failure; 
Cd) 
Procedures to assess whether surrounding areas will be negatively 
affected either by physical proximity to or air exchange with a heating, 
ventilation and air conditioning system; 
(e) Procedures for proper waste management practices; and 
(f) Procedures for employee training to ensure employees have been trained 
in operation and maintenance of equipment, including, but not limited to, 
engineering controls to mitigate hazardous waste releases and personal 
protective equipment use. 
The department shall adopt rules to implement this paragraph. 
Rules adopted 
pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.' 
Amend the bill by inserting after section 1 the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 725, LD. 981 
'Sec. 2. 38 MRSA §1610, sub-§2, 'B-2 is enacted to read: 
B-2. 
"Covered entity" means a household in this State, a business or nonprofit 
organization exempt from taxation under the United States Internal Revenue Code, 
Section 501 (c )(3) that employs 100 or fewer individuals, a primary school or a 
secondary schooL' 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. 38 MRSA §1610, sub-§5, ~A, as amended by PL 2009, c. 397, §7, is 
further amended to read: 
A. Each municipality that chooses to participate in the state collection and recycling 
system shall ensure that computer monitors, televisions, desktop printers and video 
game consoles generated as waste from households covered entities 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. 
Sec. 4. 38 MRSA §1610, sub-§5, 'A-l is enacted to read: 
A-I. A covered entity may deliver no more than 7 covered electronic devices at one 
time to a municipal collection site or consolidator collection event, unless the 
municipal collection site or consolidator is willing to accept additional covered 
electronic devices.' 
Amend the bill in section 4 in paragraph B by striking out all of subparagraphs (1) 
and (I-A) (page 1, lines 22 to 32 in L.D.) and inserting the following: 
'( 1) 
A consolidator shall identify the manufacturer of each waste computer 
monitor and desktop printer delivered to a consolidation facility and identified as 
generated by a household covered entity in this State and shall maintain an 
accounting of the number of waste household computer monitors and desktop 
printers by manufacturer. By March 1st each year, 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 and video game consoles delivered each month to the consolidator 
and identified as generated by a household covered entity in the State. By March 
st each year, a consolidator shall provide this accounting to the department.' 
Amend the bill in section 5 in paragraph D in subparagraph (1) in the 5th line (page 
2, line 21 in LD.) by striking out the following: "households and small universal waste 
generators" and inserting the following: 'households covered entities' 
Amend the bill in section 5 in paragraph D in subparagraph (l) in the 9th and 10th 
lines (page 2, lines 25 and 26 in LD.) by striking out the following: "households and 
small universal waste generators" and inserting the following: 'households covered 
entities' 
Amend the bill by adding before the summary the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 725, L.D. 981 
'Emergency clause. 
In view of the emergency cited ill the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
Current law covers only households in the State's electronic waste recycling laws. 
The bill expands that by covering small universal waste generators as well as households. 
The amendment removes the bill's coverage of small universal waste generators and 
expands current coverage to small businesses and nonprofit organizations that employ 
or fewer individuals and primary and secondary schools. 
The amendment adds a provision that limits the number of covered electronic devices 
that may be dropped off at municipal collection sites or consolidator-sponsored collection 
events to 7 devices, unless the municipal collection site or consolidator is willing to 
accept additional devices. 
The amendment adds a provision that allows for the controlled breakage of cathode 
ray tubes by licensed electronics demanufacturing facilities if the facilities demonstrate to 
the Department of Environmental Protection that they meet specified environmental 
health and safety standards. 
The amendment adds an emergency preamble and emergency clause to the bill. 
FISCAL NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 05/17/11 frac. 
LD 981 
LR 1327(02) 
An Act To Increase Recycling Jobs in Maine and Lower Costs for Maine Businesses Concerning 
Recycled Electronics 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'R" 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Minor revenue decrease - Other Special Revenue Funds 
Requiring manufacturers to recycle covered electronic devices received at collection sites and events from covered 
entities and to register and pay a registration fee according to a tiered fee system, subject to certain fee exemptions for 
historic manufacturers, and to monitor and review the controlled breakage of cathode ray tubes by licensed electronics 
demanufacturing facilities may result in minor increased costs that can be absorbed by the Department of 
Environmental Protection (DEP) within existing budgeted resources and minor revenue losses to the DEP resulting 
from the tiered fee system. 
LR1327(02) - Fiscal Note - Page I of I