An Act To Update Maine's Solid Waste Management Laws
Maine Legislature, Session 127, LD 1578
Committee Amendment CA_A-SA_A_S480 (Senate)
Amends: 38 MRSA §1611

SENATE AMENDMENT" A,, to COMMITTEE AMENDMENT "A" to S.P. 626, 
L.D. 1578, Bill, "An Act To Update Maine's Solid Waste Management Laws" 
Amend the amendment by striking out all of section 1 and inserting the following: 
'Sec. 1. 38 MRSA §1611 is enacted to read: 
§1611. Stewardship program for batteries 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Approved product" means a covered battery for which its producer, individually 
or through a covered battery stewardship organization, has submitted a covered 
battery stewardship plan approved by the commissioner and the plan has been 
implemented to collect and recycle covered batteries in accordance with the plan. 
B. 
"Brand" means a trademark, including both a registered and an unregistered 
trademark, a logo, a name, a symbol, a word, an identifier or a traceable mark that 
identifies a covered battery and identifies as the producer of the battery the owner or 
licensee of the brand. 
C. "Covered battery" means a new or unused primary battery or rechargeable battery. 
"Covered battery" does not include: 
(l) A product from which the primary battery or rechargeable battery is not 
easily removed or is not intended or designed to be removed from the product by 
a consumer; 
(2) A medical device, as described in the Federal Food, Drug and Cosmetic Act, 
United States Code, Section 32l(h) (2009); or 
(3) A device related to the physical or ancillary operation or use of a motor 
vehicle that is distributed through a new vehicle dealer franchised by the original 
manufacturer of the motor vehicle. 
As used in this subparagraph, "motor 
vehicle" has the same meaning as in Title 29-A, section 101, subsection 42 and 
"new vehicle dealer" has the same meaning as in Title 29-A, section 851, 
subsection 9. 
SENA TE AMENDMENT 
{(-., 
~o 
SENATE AMENDMENT"A "to COMMITTEE AMENDMENT"A" to S.P. 626, L.D. 1578 
D. 
"Covered battery stewardship organization" or "organization" means an 
organization appointed by more than one producer to design, submit a plan for, 
implement and administer a covered battery stewardship program in accordance with 
this section and that has accepted that appointment. 
E. 
"Covered battery stewardship plan" or "plan" means a plan submitted to the 
commissioner in accordance with subsection 3 by a producer or a covered battery 
stewardship organization. 
F. 
"Covered battery stewardship program" or "program" means a system 
implemented for the collection, transportation, recycling and disposal of covered 
batteries in accordance with a covered battery stewardship plan approved under 
subsection 4. 
G. 
"Discarded covered battery" means a covered battery that a user discarded, 
abandoned or sent for recycling. 
H. "Operator" means a producer or covered battery stewardship organization that 
implements and administers a covered battery stewardship program. 
I. "Participant" means a producer that establishes or participates in a covered battery 
stewardship program individually or by appointing and having that appointment 
accepted by a covered battery stewardship organization to operate the program on the 
producer's behalf. 
J. "Primary battery" means a nonrechargeable battery that weighs 2 kilograms or 
less, including, but not limited to, nonrechargeable alkaline, carbon-zinc and lithium 
metal batteries. 
K. "Producer" means, with respect to a covered battery that is sold, offered for sale 
or distributed for sale in the State, the following: 
(1) The person subject to the jurisdiction of the State, or who has voluntarily 
agreed to recognize the jurisdiction of the State for the purposes of this section, 
that manufactures the covered battery and sells or offers for sale in the State that 
battery under the person's own brand; 
(2) If there is no person to which subparagraph (1) applies, the owner or licensee 
of a brand under which the covered battery is sold or distributed in the State that 
is subject to the jurisdiction of the State; or 
(3) If there is no person to which subparagraph (1) or (2) applies, a person 
subject to the jurisdiction of the State that imports the covered battery into the 
United States for sale or distribution in the State. 
L. 
"Rechargeable battery" means a battery that contains one or more voltaic or 
galvanic cells, electrically connected to produce electric energy, that weighs less than 
kilograms and that is designed to be recharged and to provide less than 40 volts 
direct current. "Rechargeable battery" does not include: 
(1) A battery that is not easily removed or is not intended or designed to be 
removed from a product by a consumer; 
(2) A battery that contains electrolyte as a free liquid; or 
SENA TE AMENDMENT 
~C?i 
():,,0 
SENA TE AMENDMENT" A 
"to COMMITTEE AMENDMENT "A" to S.P. 626, L.D. 1578 
(3) A battery or battery pack that employs lead-acid technology, unless the 
battery or battery pack is sealed, contains no liquid electrolyte and is intended by 
its manufacturer to power a handheld device or to provide uninterrupted backup 
electrical power protection for stationary consumer or stationary office 
equipment. 
M. "Recycling" means any process through which a discarded covered battery or its 
components or by-products is transformed from its original identity or form into new 
usable or marketable material. "Recycling" does not include the incineration of a 
discarded covered battery or its components or by-products for energy recovery. 
N. "Retailer" means a person that sells or offers a covered battery for retail sale, as 
defined in Title 36, section 1752, subsection 11, in the State, including through a 
remote offering for sale, such as a sales outlet or sales catalog or via the Internet. 
0. "Wholesaler" means a person that offers for sale or sells in the State a covered 
battery in a sale that is not a retail sale, as defined in Title 36, section 1752, 
subsection 11, with the intention that the battery be resold in a subsequent retail sale. 
2. Product labeling. By January 1st of the 2nd calendar year after the effective date 
of this section, a producer that sells, offers for sale or distributes for sale in the State a 
covered battery as a replacement battery shall, to the extent feasible, ensure that the 
covered battery is labeled in a manner identifying the chemistry employed in storing 
energy in the battery to facilitate sorting of discarded covered batteries by recyclers. 
3. Submission of plan. No later than 6 months after the effective date of this 
section, except as specified in subsection 6 or 9, each producer of a covered battery, 
individually or through a covered battery stewardship organization that has agreed to act 
on the producer's behalf, shall submit a plan for the establishment of a covered battery 
stewardship program to the commissioner for approval. The plan must include, at a 
minimum and as applicable: 
A. If the plan is submitted by a producer, identification and contact information for 
the producer and a list of the owners of the brands of covered batteries to be included 
in the program; 
B. If the plan is submitted by an organization, identification and contact information 
for the organization and for each producer participating in the organization, a list of 
the owners of the brands of covered batteries to be included in the program and a 
description of the organization and the tasks to be performed by the organization, 
including information on how the organization is organized, including administration 
and management of the organization; 
C. 
A description of how the program will provide convenient, free, statewide 
collection opportunities for discarded covered batteries and how the convenience and 
adequacy of the collection system will be monitored and maintained; 
D. The criteria to be used by the program in determining whether an entity may serve 
as a collection location for discarded covered batteries under the program. The plan 
must allow any retailer, wholesaler, municipality, solid waste management facility 
and other entity that meets such criteria to voluntarily serve as a collection location; 
SENA TE AMENDMENT 
!< c:, 
~a 
SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to S.P. 626, L.D. 1578 
E. The names and locations of recyclers, processors and disposal facilities and other 
entities that may be used by the program for the collection or recycling of discarded 
covered batteries, including a description of the manner by which the program will 
use covered battery collection locations that are established through other battery 
collection programs: 
F. Information on how discarded covered batteries collected through the program 
will be safely and securely transported, tracked and handled from collection through 
final disposition; 
G. A description of the method to be used to ensure that, to the extent economically 
and technically feasible, collected discarded covered batteries are recycled or 
otherwise responsibly managed; 
H. 
A description of how the amounts of discarded covered batteries collected, 
recycled, processed, reused and disposed of will be measured; 
I. A description of the education and outreach methods and activities that will be 
used to provide notice of and encourage participation in the program by consumers, 
businesses, local agencies, retailers, wholesalers and waste transportation services; 
J. Any performance goals established by the producer or organization to measure the 
success of the program: and 
K. A description of how the program will be financed. If the plan is submitted by an 
organization, the financing method through which the program will be funded must: 
( 1) Allocate to producers of primary batteries costs that are directly attributable 
to the recycling of primary batteries, such as reclamation costs: 
(2) 
Allocate to producers of rechargeable batteries costs that are directly 
attributable to the recycling of rechargeable batteries, such as reclamation costs: 
and 
(3) Allocate all other costs on the basis of the weights of types of batteries 
collected or some other nondiscriminatory basis acceptable to participating 
producers of primary batteries and rechargeable batteries. 
4. 
Approval of plan. 
The commissioner shall review a plan submitted under 
subsection 3 and make a determination of whether to approve the plan within 90 days of 
receipt of the plan. In conducting a review of a submitted plan, the commissioner may 
consult with producers, associations representing producers, covered battery stewardship 
organizations, retailers and recyclers. 
A. If the commissioner determines that a submitted plan fails to meet all applicable 
requirements of subsection 3, the commissioner shall provide to the producer or 
organization that submitted the plan a written notice of determination describing the 
reasons for rejecting the plan. No later than 45 days after receiving a written notice of 
determination from the commissioner rejecting a submitted plan, the producer or 
organization may amend the plan and resubmit the plan to the commissioner for 
reconsideration. The commissioner shall review an amended plan, make a 
determination of whether to approve the amended plan and provide a written notice 
of determination notifying the producer or organization of the commissioner's 
SENA TE AMENDMENT 
!.(, <,; 
q-. 
SENA TE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to S.P. 626, L.D. 1578 
decision within 45 days of receipt of the amended plan. A producer or organization 
whose amended plan is rejected by the commissioner may appeal the commissioner's 
decision in accordance with sections 341-D and 346. 
B. If the commissioner approves a submitted plan, the commissioner shall provide to 
the producer or organization that submitted the plan a written notice of determination 
of the plan's approval. No later than 30 days after receiving a written notice of 
determination from the commissioner approving a submitted plan, the producer or 
organization shall make the approved plan available on its publicly accessible 
website, but is not required to make available any information contained in the 
approved plan that has been designated as proprietary information in accordance with 
subsection 13. 
C. No later than 45 days after the commissioner's approval of a submitted plan, the 
department shall make available on its publicly accessible website a list of 
participants in and brands of covered batteries included under the approved plan or 
provide instructions on how to obtain such information as provided by the producer 
or organization that submitted the plan. 
5. 
Implementation of plan. A producer or organization that submitted a plan 
approved by the commissioner under subsection 4 shall implement the plan no later than 
the first day of the next calendar quarter after the date the plan is approved by the 
commissioner, except that if the period of time between the date the plan is approved and 
the first day of the next calendar quarter is less than 60 days, the producer or organization 
shall implement the plan within 60 days after the date the plan is approved. 
6. Amendment of plan and termination of program. This subsection governs 
amendment of a plan approved under subsection 4 and termination of a program 
established under an approved plan. 
A. An approved plan under subsection 4 may be amended at the discretion of the 
producer or organization that submitted the plan without approval from the 
commissioner if the proposed amendments are nonsubstantive and do not 
significantly alter the likelihood that the plan will result in the successful collection 
and recycling of discarded covered batteries. The producer or organization shall at 
the beginning of each calendar quarter notify the department of any amendments 
made to the approved plan in the previous calendar quarter that are nonsubstantive 
and do not significantly alter the likelihood that the plan will result in the successful 
collection and recycling of discarded covered batteries. 
B. 
If proposed amendments to an approved plan are substantive and would 
significantly alter the likelihood that the plan will result in the successful collection 
and recycling of discarded covered batteries, including, but not limited to, 
amendments eliminating a substantial number of retail collection locations, adding or 
deleting batteries to be collected based on the chemistry employed in storing energy 
in those batteries, addressing threats to the financial viability of the organization or 
addressing disruption in transportation or service affecting the ability of the producer 
or organization or any service providers to collect or process discarded covered 
batteries, the producer or organization shall submit to the commissioner a revised 
plan describing the proposed amendments. The commissioner shall review the 
revised plan and make a determination of whether to approve the proposed 
SENA TE AMENDMENT 
!<. C:J 
~o 
SENA TE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to S.P. 626, L.D. 1578 
amendments, in whole or in part, within 90 days of receipt of the revised plan. If the 
commissioner determines that the revised plan fails to meet all applicable 
requirements of subsection 3, the commissioner shall provide to the producer or 
organization a written notice of determination describing the reasons for rejecting the 
revised plan. No later than 45 days after receiving a written notice of determination 
from the commissioner rejecting a revised plan, the producer or organization may 
amend and resubmit the revised plan to the commissioner for reconsideration. The 
commissioner shall review an amended revised plan, make a determination of 
whether to approve the amended revised plan and provide a written notice of 
determination notifying the producer or organization of the commissioner's decision 
within 45 days of receipt of the amended revised plan. A producer or organization 
whose amended revised plan is rejected by the commissioner may appeal the 
commissioner's decision in accordance with sections 341-D and 346. 
C. A producer or organization that submitted a plan approved under subsection 4 
may terminate the program implementing that plan no earlier than 90 days after 
providing notice to the commissioner and to program participants of the program's 
termination. Prior to the termination of a program, each producer included in the 
program shall, individually or through a covered battery stewardship organization 
that has agreed to act on the producer's behalf, submit a plan for the establishment of 
a covered battery stewardship program that is approved by the commissioner or join 
an existing organization. 
D. A plan approved under subsection 4 remains in effect until a revised plan is 
adopted in accordance with paragraph B or the program implementing that plan is 
terminated in accordance with paragraph C by the producer or organization that 
submitted the plan. 
7. Collection locations. This subsection applies to collection locations. 
A. A retailer, a wholesaler, a municipality, a solid waste management facility and 
any other private or public entity may voluntarily serve as a collection location for 
discarded covered batteries under an approved and implemented program, so long as 
the operator of the program determines that the collection location meets the criteria 
for collection locations established under the program's approved plan. 
B. The participants in a program must fully underwrite the costs of battery collection 
containers provided to each collection location established under the program, 
including the costs of all materials necessary to comply with the safe collection 
requirements of subsection 11, as well as the costs of pickup and transportation of 
discarded covered batteries from each collection location, and may not charge a 
collection location for such items or services. 
C. An entity serving as a collection location may not be required to make available 
more than one battery collection container at a single location. 
D. An entity serving as a collection location may not refuse collection of batteries 
based on the brand or brands of the batteries. The operator of a program may not 
refuse the pickup or transfer of collected batteries from a collection location based on 
the brand or brands of the batteries collected. 
SENA TE AMENDMENT 
,,~-~~·-<' 
!.!., ".) 
'<-' 
SENA TE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to S.P. 626, L.D. 1578 
E. An entity serving as a collection location may not charge consumers any fee 
relating to the collection of discarded covered batteries. 
An entity serving as a 
collection location may not impose any fee on the operator of a program as a 
condition of voluntarily agreeing to serve as a collection location under the program. 
8. Prohibition. This subsection governs the offering for sale of covered batteries in 
the State. 
A. Beginning July 1st of the 2nd calendar year after the effective date of this section. 
a covered battery manufacturer may not offer for sale. distribute for sale or offer for 
promotional purposes in the State a covered battery unless the producer of the battery 
has joined an existing covered battery stewardship organization or submitted a plan 
for the establishment of a covered battery stewardship program that has been 
approved by the commissioner. 
B. Notwithstanding paragraph A. a covered battery manufacturer may continue to 
distribute for sale, offer for sale or offer for promotional purposes in the State a 
covered battery manufactured prior to July 1st of the 2nd calendar year after the 
effective date of this section. but shall. by October 1st of the 2nd calendar year after 
the effective date of this section. sell or otherwise divest or dispose of its remaining 
stock of covered batteries manufactured prior to July 1st of that year by a producer 
that has not joined an existing covered battery stewardship organization or submitted 
a plan for the establishment of a covered battery stewardship program that has been 
approved by the commissioner. 
9. New producers. A producer that seeks to sell. offer for sale. distribute for sale or 
offer for promotional purposes in the State a covered battery bearing a brand under which 
the battery was not sold or offered for sale in the State prior to July 1st of the 2nd 
calendar year after the effective date of this section must notify the commissioner prior to 
the sale. offer for sale. distribution for sale or offer for promotional purposes of the 
covered battery in the State. 
A. 
Upon receiving notification under this subsection from a new producer. the 
commissioner shall list the producer as a new producer on the department's publicly 
accessible website. 
B. 
No later than 90 days following a new producer's notification to the 
commissioner. the producer shall submit a plan to the commissioner in accordance 
with subsection 3 or join an existing organization operating under a plan approved 
under subsection 4. 
C. If a new producer fails to submit a plan or join an existing organization within the 
90-day period under paragraph B. the producer may not sell or distribute a covered 
battery in the State after the expiration of the 90-day period and a retailer may not sell 
that producer's battery in the State after 120 days following the expiration of the 90-
day period. 
D. Notwithstanding paragraph C. if a new producer submits a plan within the 90-day 
period under paragraph B and that plan is ultimately rejected by the commissioner 
under subsection 4 after the expiration of the 90-day period. the producer may not sell 
or distribute the covered battery in the State after 45 days following the 
commissioner's final determination rejecting the submitted plan and a retailer may not 
SENATE AMENDMENT 
!!..~ 
l'J:-0 
SENATE AMENDMENT" A,, to COMMITTEE AMENDMENT "A" to S.P. 626, L.D. 1578 
sell the producer's battery in the State after 120 days following the commissioner's 
final determination rejecting the submitted plan. 
A new producer that fails to submit a plan that is approved by the commissioner under 
subsection 4 or to join an existing organization within the time limits described in this 
subsection may not sell, offer for sale, distribute for sale or offer for promotional 
purposes a covered battery not sold or offered for sale in the State prior to July 1st of the 
calendar year after the effective date of this section until the producer submits a plan for 
the establishment of a covered battery stewardship program that is subsequently approved 
by the commissioner or joins an existing organization. 
10. Return of noncompliant products. If a plan approved under subsection 4 is 
subsequently determined by the commissioner not to be in compliance with this section, a 
producer who sells, offers for sale, distributes for sale or offers for promotional purposes 
in the State a covered battery included in that plan shall, upon request by a retailer, 
designate a location to which the retailer may ship the battery for further handling and 
shall reimburse the retailer for costs incurred in shipping the battery to the designated 
location. 
11. Safe collection. Any entity that collects discarded covered batteries in the State, 
has a physical presence in the State and is operating under or in cooperation with a 
covered battery stewardship program shall ensure that all discarded covered batteries 
placed in its collection containers are protected from short-circuiting in accordance with 
applicable regulations of the federal Department of Transportation, 49 Code of Federal 
Regulations, Subtitle B (2015) and other applicable laws or regulations and take 
reasonable steps to prevent the placement of materials other than properly protected 
discarded covered batteries into its collection containers. 
12. Reporting. By April 1st of the calendar year after the calendar year in which a 
covered battery stewardship plan is approved by the commissioner, the producer or 
organization administering the program implementing the approved plan shall submit to 
the commissioner a report describing activities carried out by the program pursuant to the 
plan during the previous calendar year. The report must include, at a minimum, the 
following information: 
A. 
The weight of discarded covered batteries collected by the program in the 
previous calendar year, including, if available, a breakdown of the weight of 
discarded covered batteries collected per county; 
B. The location of each collection location established under the program and an 
evaluation of the convenience of the collection system implemented by the program; 
C. A description of the manner in which discarded covered batteries were collected, 
transported, sorted, consolidated and processed by the program; 
D. A description of the methods used by the program for education and outreach, 
including examples of any educational materials developed and used by the program, 
and an evaluation of the effectiveness of the education and outreach efforts 
implemented by the program; 
E. 
If the report is filed by a covered battery stewardship organization, a summary 
financial statement documenting the financing of the program consistent with the 
SENATE AMENDMENT 
!!..~ 
Q-· 
SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to S.P. 626, L.D. 1578 
requirements of subsection 3, paragraph K and an independent financial audit 
statement of the organization's financing and expenses. If the organization operates a 
similar program in another state, the organization may meet the requirements of this 
paragraph by submitting a summary financial statement that consolidates information 
for all states in which the organization operates covered battery stewardship programs 
but must provide estimated financial information and cost information specific to the 
organization's program in this State, as an addendum or additional documentation, 
beyond national aggregate information; and 
F. Any recommendations for changes to the program to improve the convenience of 
the collection system, consumer education or outreach efforts or program evaluation 
methods. 
13. Proprietary information. Proprietary information submitted to the department 
in a covered battery stewardship plan, in an amendment to a plan or pursuant to the 
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 1310-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. 
14. Administration and enforcement. The department shall administer and enforce 
this section and may adopt rules consistent with this section as necessary for the purposes 
of implementing, administering and enforcing this section. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
A. The department shall charge a reasonable fee to be paid by an applicant for 
review and approval of a covered battery stewardship plan. Fees assessed under this 
paragraph must be based on the actual costs to the department of reviewing and 
approving a covered battery stewardship plan and may not exceed $25.000. 
B. The department may establish a reasonable annual fee, to be paid by the operator 
of each covered battery stewardship program, to cover the department's costs for 
annual report review. oversight. administration and enforcement of the program. A 
fee established under this paragraph must be based on the actual costs to the 
department of annual report review. oversight. administration and enforcement of the 
operator's program and may not exceed $25,000 per year. 
C. 
The commissioner may not initiate an enforcement action under this section 
against a manufacturer: 
(1) Concerning the offering for sale of covered batteries that are not approved 
products if the offering for sale occurred prior to October 1st of the 2nd calendar 
year after the effective date of this section; or 
(2) Concerning the offering for sale of covered batteries manufactured prior to 
the effective date of this section if the offering for sale occurred prior to October 
1st of the 2nd calendar year after the effective date of this section. 
SENA TE AMENDMENT 
!!. VJ 
Q-
SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to S.P. 626, L.D. 1578 
D. 
The commissioner may not initiate an enforcement action under this section 
against a manufacturer for offering for sale a covered battery if that entity, within 90 
days of discovering that the battery is not in compliance with this section, removes 
the battery from sale. 
15. Limited private right of action. Except as provided in paragraph F, a producer 
or organization that has submitted a plan for the establishment of a covered battery 
stewardship program that has been approved by the commissioner and that has been 
implemented to collect, transport and recycle discarded covered batteries in the State may 
maintain a civil action in Superior Court against a producer or organization not 
participating in its program to recover a portion of its costs and additional sums, as set 
forth in this subsection. 
A. Damages recoverable under this subsection include a fair share of the actual costs 
incurred by a plaintiff producer or organization in collecting covered batteries of a 
defendant producer or organization discarded in the State for which the defendant 
was required under this section to submit and implement a covered battery 
stewardship plan or join an existing covered battery stewardship program, as well as 
the plaintiffs costs incurred in handling, transporting and recycling or properly 
disposing of the defendant's batteries. Additional amounts recoverable under this 
subsection include an award of reasonable attorney's fees and court costs, including 
expert witness fees. 
B. In an action by a plaintiff producer or organization against a defendant producer 
or organization that did not operate or participate in a covered battery stewardship 
program established under this section during the time period in which discarded 
covered batteries of the defendant were collected, transported and recycled by the 
plaintiff, the plaintiff may establish the defendant's fair share of the plaintiffs actual 
costs by: 
(I) Providing the court with market share data that the court finds reasonably 
represent the percentage of sales of covered batteries by the defendant in the 
State; 
(2) Providing the court with data generated from discarded covered battery sorts 
involving a minimum of 500 pounds of discarded covered batteries collected at 
each of 3 or more collection locations in the State that are found by the court to 
have been collected in an unbiased manner and to be reasonably representative of 
the population of the State; or 
(3) Through any other method that the court finds reliable in establishing the 
defendant's fair share of the plaintiffs actual costs. 
C. In an action by a plaintiff producer or organization against a defendant producer 
or organization that operated or participated in a covered battery stewardship program 
established under this section during the time period in which discarded covered 
batteries of the defendant were collected, transported and recycled by the plaintiff, 
the plaintiff may establish the defendant's fair share of the plaintiffs actual costs by 
providing the court with data establishing the relative weight of discarded covered 
batteries collected by the plaintiff that the defendant was required under this section 
SENATE AMENDMENT 
!<,~ 
SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to S.P. 626, L.D. 1578 
to collect, transport and recycle compared to the weight of other discarded covered 
batteries collected by the plaintiff. This data may be generated by the plaintiff: 
(1) Through the collection of data from discarded covered battery sorts involving 
a minimum of 500 pounds of discarded covered batteries collected at each of 3 or 
more collection locations in the State that are found by the court to have been 
collected in an unbiased manner and to be reasonably representative of the 
population of the State; 
(2) Through an analysis of actual collections by the organization that are found 
by the court to be reasonably representative of total actual collections in the 
State; or 
(3) Through any other method that the court finds reliable in establishing the 
defendant's fair share of the plaintiffs actual costs. 
D. If the court finds that an action maintained by a plaintiff producer or organization 
against a defendant producer or organization initiated pursuant to this subsection is 
without merit and dismisses that action, the court shall award to the defendant 
producer or organization reasonable attorney's fees and court costs, including expert 
witness fees. 
E. An action may not be commenced under this subsection against any potential 
defendant until 60 days after a plaintiff provides to all potential defendants a written 
notice of the claim setting forth the amount of the claim and the basis for the 
calculation of that amount. A plaintiff producer or organization may initiate a single 
civil action in Superior Court against one or more defendant producers or 
organizations. 
F. An action may not be brought under this subsection against a retailer or franchisor 
of retail outlets that was operating or participating in a covered battery stewardship 
program established under this section, individually or on behalf of its franchisees, to 
recover costs or additional sums incurred during a time period in which discarded 
covered batteries were collected, transported or recycled by the retailer or franchisor. 
G. The department may not be a party to or be required to provide assistance or 
otherwise participate in a civil action authorized under this subsection unless subject 
to a subpoena before a court of jurisdiction. 
16. 
Preemption. 
The State intends to occupy and preempt the entire field of 
legislation concerning the regulation of the stewardship of covered batteries. 
Any 
existing or future order, ordinance, rule or regulation in this field of any political 
subdivision of the State is void. 
17. Antitrust exclusions. A producer, a group of producers and a covered battery 
stewardship organization, and an agent, officer, director and employee of such entities, 
preparing, submitting a plan for, implementing or administering a covered battery 
stewardship program in accordance with this section, and a wholesaler and retailer that 
engages in conduct authorized by this section, are granted immunity, individually and 
jointly, from all applicable antitrust laws of the State for the limited purpose of 
establishing, implementing and administering a covered battery stewardship program and 
otherwise complying with the requirements of this section, and any activity undertaken 
SENA TE AMENDMENT 
~&:, 
q.. 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to S.P. 626, L.D. 1578 
by these entities in accordance with and authorized under this section is not an unlawful 
restraint of trade, a conspiracy or other violation of any provision of any applicable 
antitrust law of the State. 
An action taken by a producer, a group of producers or an organization to increase the 
recycling of covered batteries in accordance with this section that affects the types or 
quantities of batteries recycled or the cost and structure of any covered battery 
stewardship program is not a violation of any provision of Title 10, chapter 201, except 
when such action constitutes an agreement establishing or affecting the price of covered 
batteries or the output or production of covered batteries or restricting the geographic area 
in which covered batteries will be sold or the customers to whom covered batteries will 
be sold. 
18. Contingent effective date; contingent repeal. The commissioner shall monitor 
legislative activities in other states and certify to the Secretary of State and the Revisor of 
Statutes when legislation substantially consistent with this section has been adopted by at 
least 5 contiguous states, including Maine. This section takes effect 30 days after the date 
of the commissioner's certification. If no certification has been made by the commissioner 
pursuant to this section by January 1, 2024, this section is repealed on that date. 
19. Report and program modifications. Two years after the effective date of this 
section, the commissioner shall submit a report to the joint standing committee of the 
Legislature having jurisdiction over environmental and natural resources matters 
regarding the status of the State's stewardship program for covered batteries, including a 
recommendation on whether consumer products that are sold containing a covered battery 
should be included in the program and any recommended changes to the program to 
ensure its continued viability. The report under this section may be included in the report 
required pursuant to section 1772, subsection 1. 
After reviewing the report, the 
committee may report out a bill relating to the stewardship program for covered batteries 
established under this section to the session of the Legislature in which the report is 
submitted.' 
SUMMARY 
This amendment strikes and replaces section 1 of the committee amendment, which 
establishes a product stewardship program for batteries. The amendment establishes a 
similar product stewardship program for batteries. The changes to the program include 
the following. 
1. The amendment removes covered battery-containing products from the product 
stewardship program for batteries. 
2. The amendment excludes the following from the product stewardship program for 
batteries: 
A. Products from which the battery is not easily removed or is not intended or 
designed to be removed from the product; 
B. Medical devices; and 
C. Devices related to the operation or use of a motor vehicle. 
SENATE AMENDMENT 
~ c,., 
q.. Q 
SENA TE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to S.P. 626, L.D. 1578 
3. The amendment removes the sales prohibition in the bill and instead provides that 
a covered battery manufacturer may not offer for sale, distribute for sale or offer for 
promotional purposes in the State a covered battery unless the producer of the battery has 
joined an existing covered battery stewardship organization or submitted a plan and 
received approval for the establishment of a covered battery stewardship program. It also 
changes the enforcement provisions to be consistent with the prohibition on offering for 
sale, distributing for sale or offering for promotional purposes a covered battery by a 
manufacturer. 
4. 
The amendment changes the reporting requirements for producers and 
organizations administering covered battery stewardship programs. 
5. The amendment adds a contingent effective date and a contingent repeal date. 
6. 
The amendment modifies reporting requirements of the Commissioner of 
Environmental Protection to the joint standing committee of the Legislature having 
jurisdiction over environme tal and natur 1 r sources matters. 
SPONSOREDBY:~+-~~--A---"-' ........ .,._~~ 
(Senator VOLK) 
COUNTY: Cumberland 
FISCAL NOTE UQlllUD 
(Seeattlldled) 
SENA TE AMENDMENT 
Approved: 04/03/16 feac=.. 
LD 1578 
LR2574(04) 
An Act To Update Maine's Solid Waste Management Laws 
Fiscal Note for Senate Amendment 'If" to Committee Amendment "A" 
Sponsor: Sen. Volk of Cumberland 
Fiscal Note Required: Yes 
Fiscal Note 
(s-qio') 
Potential current biennium cost impact - Other Special Revenue Funds 
Potential current biennium revenue impact - Other Special Revenue Funds 
Fiscal Detail and Notes 
This amendment makes certain changes to the stewardship program for batteries contained in the committee 
amendment and makes this stewardship program effective only upon the adoption of substantially consistent 
legislation by at least five contiguous states, including Maine. The stewardship program for batteries will be repealed 
on January 1, 2024 if it has not become effective before this date. Any potential impact on costs and revenues cannot 
be determined at this time. This fiscal note assumes that the fees contained in the committee amendment, a fee ofup 
to $25,000 on applicants to review submissions of plans and an annual fee ofup to $25,000 on operators of the 
program, are sufficient to cover the Department of Environmental Protection's costs. 
As amended, the bill still includes a $40,000 appropriation to the Department of Administrative and Financial 
Services to establish a food waste composting pilot program. 
LR2574(04) - Fiscal Note - Page 1 of 1