An Act To Implement Recommendations of the Department of Environmental Protection Concerning Product Stewardship in Maine
Maine Legislature, Session 126, LD 1335
Committee Amendment CA_A_H470 (House)
Amends: 38 MRSA §1665-B, 38 MRSA §2143

F][RST REGULAR SESSION 
COMMITTEE AMENDMENT" A" to H.P. 952, L.D. 1335, Bill, "An Act To 
Implement Recommendations of the Department of Environmental Protection 
Concerning Product Stewardship in Maine" 
Amend the bill by inserting after the enacting clause the following: 
'Sec. 1. 38 MRSA §1665-B, sub-§6, as enacted by PL 2005, c. 558, § 1, is 
amended to read: 
6. Report. By March IS, 2007 and annually thereafter, the department shall submit 
a report on the collection and recyeling of mercury added thermostats in the State to the 
joint standing committee of the Legislature having jurisdiction over natural resources 
matters. The report due in 2007 must inelude a description and discussion of the financial 
incentive plan established under this section and recommendations for any statutory 
changes concerning the collection and recyeling of mercury added thermostats. 
Subsequent reports must incJude Annually, the department shall submit to the joint 
standing committee of the Legislature having jurisdiction over natural resources matters a 
report that includes an evaluation of the effectiveness of the thermostat collection and 
recycling programs establish~:d under this section, information on actual collection rates 
and recommendations for any statutory changes concerning the collection and recycling 
of mercury-added thermostats. 
The report may be included in the report required 
pursuant to section 1772, subE.ection 1. 
Sec. 2. 38 MRS A §1672, sub-§4, ~E, as enacted by PL 2009, c. 272, §1, is 
amended to read: 
E. 
Beginning April 15, in 2013, and biennially thereafter, the department shall 
calculate the percentage of mercury-added lamps recycled from households and 
report to the joint standing committee of the Legislature having jurisdiction over 
natural resources matters on any modifications to the manufacturer recycling 
programs it intends to make to improve mercury-added lamp recycling rates and any 
recommendations for statutory changes needed to facilitate mercury-added lamp 
collection and recycling. The report may be included in the report required pursuant 
to section 1772, subsection 1.' 
COMM.ITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 952, L.D. 1335 
Amend the bill in section 5 in § 1776 by striking out all of subsection 10 (page 4, lines 
to 22 in L.D.) and inserting the following: 
'10. Proprietary information. Proprietary information submitted to the department 
in a product stewardship plan, in an amendment to a product stewardship plan or pursuant 
to reporting requirements of this section that is identified by the submittor as proprietary 
information is confidential and must be handled by the department in the same manner as 
confidential information is handled under section 13lO-B. 
As used in this subsection, "proprietary information" means information that 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.' 
Amend the bill by striking out all of sections 6 to 8 and inserting the following: 
'Sec. 6. 38 MRSA §2143, sub-§4, as enacted by PL 2007, c. 343, §1, is amended 
to read: 
4. Reports. By January 1, 2009, and every year thereafter until January 1,2013, a 
cellular telephone service provider shall report to the department the number of cellular 
telephones collected pursuant to this section and how the collected cellular telephones 
were disposed of, reused or recycled. By February 1, 2009 and every year thereafter until 
February 1, 2013 Annually, the department shall report on the collection system to the 
joint standing committee of the Legislature having jurisdiction over natural resources 
matters. The report may be included in the report required pursuant to section 1772, 
subsection I.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment changes the reporting dates for reports related to the thermostat 
collection and recycling program and the mercury-added lamp recycling program and 
authorizes the department to include the reports in the product stewardship report in the 
bill. The amendment clarifies the provision in the bill related to the confidentiality of 
proprietary information that provides that proprietary information submitted to the 
Department of Environmental Protection must be handled by the department in the same 
manner as confidential information is handled under the Maine Revised Statutes, Title 38, 
section 1310-B. Although section 1310-B, in part, governs the handling of confidential 
hazardous waste infonnation, the reference to section 1310-B in the amendment is not 
intended to limit the applicability of the confidentiality provisions in the amendment to 
hazardous waste information but to provide a process for how the proprietary information 
is to be handled. The amendment also strikes the provisions in the bill that repeal the 
requirement for retailers to collect used cell phones and a related report and instead 
requires the report to be included with the product stewardship report in the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: OS/21/13 frac. 
LD 133S 
LR 2018(02) 
An Act To Implement Recommendations of the Department of Environmental Protection Concerning 
Product Stewardship in Maine 
Fiscal Note for Bill as Amended by Committee Amendment .#. cf/ ~ Jf 10) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs incurred by the Department of Environmental Protection related to reporting on products that may be 
appropriately managed under a product stewardship program and the effectiveness of existing product stewardship 
programs can be absorbed within existing budgeted resources. 
LR2018(02) - Fiscal Note - Page 1 of 1