An Act To Modify the Laws Regarding the Collection and Recycling of Mercury-added Thermostats
Maine Legislature, Session 127, LD 1045
Committee Amendment CA_A_S62 (Senate)
Amends: 38 MRSA §1665-B

COMMITTEE AMENDMENT" 11 " to S.P. 371, L.D. 1045, Bill, "An Act To 
Modify the Laws Regarding the Collection and Recycling of Mercury-added 
Thermostats" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 38 MRSA §1665-B, sub-§l, ~ 
is enacted to read: 
E. "Contractor" means a person engaged in the business of installing, servicing or 
removing thermostats and other heating, ventilation and air conditioning components. 
Sec. 2. 38 MRSA §1665-B, sub-§2, ~, as amended by PL 2011, c. 420, Pt. E, 
§2 and affected by §5, is further amended to read: 
E. WithHi 3 months after the department develops phase one of the plan reql:lired by 
sMsection 4, provide Provide a financial incentive with a minimum value of $5 for 
the return of each mercury-added thermostat by a contractor or service technician to 
an established recycling collection point; 
Sec. 3. 38 MRSA §1665-B, sub-§2, ~, as amended by PL 2011, c. 420, Pt.. E, 
§3 and affected by §5, is repealed. 
Sec. 4. 38 MRSA §1665-B, sub-§2, ~G, as amended by PL 2009, c. 277, §8, is 
further amended to read: 
G. Begil'll'ling Hi 2008, s-libmit Submit an annual report to the department by Jaffilaf)' 
~ 
April 1st of each year. The report must be submitted on a form provided by the 
department and must include at a miniml:lm: 
(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; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 371, L.D. 1045 
(3) 
An evaluation of the effectiveness of the manufacturer's collection and 
recycling program and the financial incentive provided pursuant to paragraphs 
paragraph E aBtl-F; 
(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 
Sec. 5. 38 MRSA §1665-B, sub-§4, as enacted by PL 2005, c. 558, § 1, is 
amended to read: 
4. Financial incentive plan. The department shall develop a manufacturer financial 
incentive plan in 2 phases. By January 1, 2007, the department shall develop phase one 
of the plan, which must address collection of mercury-added thermostats from contractors 
and service technicians. By August 1, 2007, the department shall develop phase 2 of the 
plan, which must address collection of mercury-added thermostats from homeowners. 
The plan must be developed in consultation with a stakeholder group that includes 
representatives from the thermostat industry, environmental groups, thermostat 
wholesalers and service contractors. 
The plan must be developed in a manner that 
ensures to the maximum extent practical that: 
A. 
The capture rate of out-of-service mercury-added thermostats is maximized; 
B. 
Adequate incentives and education are provided to contractors, service 
technicians and homeowners to encourage return of thermostats to established 
recycling collection points; 
C. 
Administrative costs ofthe plan are minimized; 
D. 
The plan encourages the purchase of nonmercury thermostats qualified by the 
United States Environmental Protection Agency's Energy Star program as 
replacements for mercury-added thermostats; and 
E. 
Mechanisms are in place to protect against the fraudulent return of thermostats. 
The plan must include a requirement that manufacturers provide a financial incentive 
with a minimum value of $5 for the return of each mercury-added thermostat to an 
established recycling collection point in accordance with subsection 2, paragraphs 
paragraph E an&F-. The fmancial incentive may include, without limitation, cash, rebates, 
discounts, coupons or other incentives.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 371, L.D. 1045 
SUMMARY 
This amendment amends the laws regarding the collection and recycling of mercury-
added thermostats as follows: 
1. It retains the provision from the bill that adds a defmition for the term "contractor"; 
2. It clarifies that the financial incentive provided for the return of a mercury-added 
thermostat is to be provided to any person who returns a mercury-added thermostat to an 
established recycling collection point; and 
3. It retains the provision from the bill that changes the due date on the annual 
manufacturer's report to the Department of Environmental Protection from January 30th 
to April 1 st and removes the requirement that the report contain an accounting of 
administrative costs. 
The amendment also retains the provision from the bill that directs the department to 
review the financial incentive plan under the laws regarding the collection and recycling 
of mercury-added thermostats and, by February 15, 2016, submit a report to the Joint 
Standing Committee on Environment and Natural Resources addressing certain aspects of 
the plan and, where applicable, recommending legislation to amend the plan or other 
relevant laws. 
The amendment removes from the bill the provisions that require contractors to 
submit annual reports to the department containing information on the contractor and the 
thermostats removed from service and disposed of during the previous calendar year and 
that repeal at a future date certain portions of the laws regarding the collection and 
recycling of mercury-added thermostats. 
FrSCAL NOn: REQU11UID 
(See Attacbedj 
COMMITTEE AMENDMENT 
Approved: 04124115 
~c 
LD 1045 
LR 1083(02) 
An Act To Modify the Laws Regarding the Collection and Recycling of Mercury-added Thermostats 
Fiscal Note for Bill as Amended by Committee Amendment 'A" (S-G'2...) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection to review the fmancial incentive plans of certain 
manufacturers of mercury-added thermostats and submit a report to the Legislature are expected to be minor and can 
be absorbed within existing budgeted resources. 
LRI 083(02) - Fiscal Note - Page 1 of 1