An Act To Increase Recycling Jobs in Maine and Lower Costs for Maine Businesses Concerning Recycled Electronics
Maine Legislature, Session 125, LD 0981
Committee: Environment and Natural Resources
Sponsors: INNES, SNOWE-MELLO, BICKFORD, BOLDUC, CHIPMAN, DUCHESNE, KESCHL, GOODALL, RECTOR, WOODBURY
Amends: 38 MRSA §1610

Legislative Document 
No. 981 
H.P. 725 
House of Representatives, March 8, 2011 
An Act To Increase Recycling Jobs in Maine and Lower Costs for 
Maine Businesses Concerning Recycled Electronics 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative INNES of Yarmouth. 
Cosponsored by Senator SNOWE-MELLO of Androscoggin and 
Representatives: BICKFORD of Auburn, BOLDUC of Auburn, CHIPMAN of Portland, 
DUCHESNE of Hudson, KESCHL of Belgrade, Senators: GOODALL of Sagadahoc, 
RECTOR of Knox, WOODBURY of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1610, sub-§2, ¶B, as amended by PL 2007, c. 292, §40, is 
further amended to read: 
B.  "Consolidation facility" means a facility where electronic wastes are consolidated 
and temporarily stored while awaiting shipment of at least a 40-foot trailer full of 
covered electronic devices to a recycling, treatment or disposal facility.  
"Consolidation facility" includes a transport vehicle owned or leased by a 
consolidator and used to collect covered electronic devices at municipal collection 
sites in this State at a cost no greater than the per pound transportation rate for a full 
40-foot trailer as approved by the department for each consolidator pursuant to the 
rules governing reasonable operational costs adopted under subsection 5, paragraph 
D, subparagraph 1 (1). 
Sec. 2.  38 MRSA §1610, sub-§2, ¶F, as reallocated by RR 2003, c. 2, §119, is 
repealed. 
Sec. 3.  38 MRSA §1610, sub-§2, ¶J-1 is enacted to read: 
J-1.  "Small universal waste generator" means an entity that qualifies as a small 
universal waste generator under department rules regarding hazardous waste 
management. 
Sec. 4.  38 MRSA §1610, sub-§5, ¶B, as amended by PL 2009, c. 397, §7, is 
further amended to read: 
B.  A consolidator is subject to the requirements of this paragraph. 
(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 or a small universal waste generator 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. 
(1-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 or a small universal waste generator in 
the State.  By March 1st each year, a consolidator shall provide this accounting to 
the department. 
(2)  A consolidator may perform the manufacturer identification required by 
subparagraph (1) at the consolidation facility or may contract for this 
identification and accounting service with the recycling and dismantling facility 
to which the covered electronic devices are shipped. 
(3)  A consolidator shall work cooperatively with manufacturers to ensure 
implementation of a practical and feasible financing system with costs calculated 
for televisions on a basis proportional to the manufacturer's national market share 
of televisions in the State multiplied by the total pounds recycled and with costs 
calculated for video game consoles on a basis proportional to the manufacturer's 
national market share of video game consoles in the State multiplied by the total 
pounds recycled.  At a minimum, a consolidator shall invoice the manufacturers 
for the handling, transportation and recycling costs for which they are responsible 
under the provisions of this subsection. 
(4)  A consolidator shall transport computer monitors, 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 minimum 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. 
Sec. 5.  38 MRSA §1610, sub-§5, ¶D, as amended by PL 2009, c. 397, §7, is 
further amended to read: 
D.  Computer monitor, television, desktop printer and video game console 
manufacturers are subject to the requirements of this paragraph. 
(1)  Each computer monitor manufacturer and each desktop printer manufacturer 
is individually responsible for handling and recycling all computer monitors and 
desktop printers 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 and small universal waste generators in this State and that 
are received at consolidation facilities in this State.  In addition, each computer 
manufacturer is responsible for a pro rata share of orphan waste computer 
monitors and each desktop printer manufacturer is responsible for a pro rata share 
of orphan waste desktop printers generated as waste by households and small 
universal waste generators in this State and received at consolidation facilities.  
The manufacturers shall pay the reasonable operational costs of the consolidator 
attributable to the handling of all computer monitors, televisions, desktop printers 
and video game consoles generated as waste by households received at 
consolidation facilities in this State, the transportation costs from the 
consolidation facility to a licensed recycling and dismantling facility and the 
costs of recycling. "Reasonable operational costs" includes the costs associated 
with ensuring that consolidation facilities are geographically located to 
conveniently serve all areas of the State as determined by the department.  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 1/10 of 1%, the department 
may determine that market share de minimus.  A television manufacturer whose 
market share is determined 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 determined de minimus by the department must be 
proportionally allocated to and paid for by the television manufacturers that have 
1/10 of 1% or more of the market.  The recycling of video game consoles must be 
funded by allocating the cost of the program among the manufacturers selling 
video game consoles in the State on a basis proportional to the manufacturer's 
national market share of video game consoles.  The department shall annually 
determine each video game console manufacturer's recycling share based on 
readily available national market share data.  If the department determines that a 
video game console manufacturer's market share is less than 1/10 of 1%, the 
department may determine that market share de minimus.  A video game console 
manufacturer whose market share is determined de minimus by the department is 
not responsible for payment of a pro rata share of video game consoles for the 
corresponding billing year.  The total market shares determined de minimus by 
the department must be proportionally allocated to and paid for by the video 
game console manufacturers that have 1/10 of 1% or more of the market. 
(2)  Each computer monitor manufacturer, 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. 
Sec. 6.  38 MRSA §1610, sub-§6-A, as enacted by PL 2009, c. 397, §9 and 
affected by §14, is amended to read: 
6-A.  Manufacturer registration.  By Prior to offering a covered electronic device 
and by July 1st annually, a manufacturer that offers or has offered a computer monitor, 
television, or desktop printer, or offers or has offered within the preceding calendar year a 
television or video game console, for sale in or into this State shall submit a registration 
to the department and pay to the department an annual registration fee of $3,000.  The 
annual registration must include: 
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 national sales data on the weight, 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 1310-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.; and 
H.  A registration fee paid by a manufacturer as follows: 
(1)  Seven hundred and fifty dollars for manufacturers with less than 0.1% 
national market share as determined by the department based on the most recent 
readily available national market share data; and 
(2)  Three thousand dollars for all other manufacturers, except that computer 
monitor and desktop printer manufacturers that have not marketed any covered 
electronic device in the current calendar year and have had less than 50 units 
managed by approved consolidators in the preceding 3 years are exempted from 
paying the fee. 
A manufacturer's annual registration filed subsequent to its initial registration must 
clearly delineate any changes in information from the previous year's registration.  
Whenever there is any change to the information on the manufacturer's registration, the 
manufacturer shall submit an updated form within 14 days of the change.  Registration 
fees collected by the department pursuant to this subsection must be deposited in the 
Maine Environmental Protection Fund established in section 351. 
Sec. 7.  38 MRSA §1610, sub-§8, as reallocated by RR 2003, c. 2, §119, is 
amended to read: 
8.  Reports to Legislature.  The department shall submit a report on the recycling of 
electronic waste in the State to the joint standing committee of the Legislature having 
jurisdiction over natural resources matters by January 15, 2008 and every 2 years 
thereafter until January 15, 2014 as part of each product stewardship report submitted in 
accordance with section 1772.  The report must may include an evaluation of the 
recycling rates in the State for covered electronic devices, a discussion of compliance and 
enforcement related to the requirements of this section and recommendations for any 
changes to the system of collection and recycling of electronic devices in the State. 
SUMMARY 
This bill provides that the recycling of covered electronic devices received at 
collection sites and events from small universal waste generators is the manufacturer's 
responsibility.  It clarifies that a manufacturer must register with the State prior to selling 
covered electronic devices in the State and must report sales information on annual 
registrations in terms of national numbers.  In addition, this bill modifies the annual 
manufacturer registration fee from a flat fee to a tiered system based on a manufacturer's 
annual national unit sales of covered electronic devices, and exempts certain historic 
manufacturers from the registration fee requirements.  It changes the reporting 
requirements from every 2 years to being a part of the product stewardship report.