An Act To Amend the State's Electronic Waste Laws
Maine Legislature, Session 128, LD 1847
Committee: Environment and Natural Resources
Amends: 38 MRSA §1610

Legislative Document
No. 1847
H.P. 1284
House of Representatives, February 27, 2018
An Act To Amend the State's Electronic Waste Laws
Reported by Representative TUCKER of Brunswick for the Joint Standing Committee on 
Environment and Natural Resources pursuant to the Maine Revised Statutes, Title 38, section 
1772, subsection 5.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1610, sub-§2, as amended by PL 2011, c. 250, §§2 to 4, is 
further amended to read:
2.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Computer monitor" means a covered electronic device that is a cathode ray tube 
or flat panel display primarily intended to display information from a central 
processing unit or the Internet. "Computer monitor" includes a digital picture frame.
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 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).
B-1.  "Consolidator" means a person that provides consolidation and handling 
services for electronic wastes and that operates at least one consolidation facility.
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.
C.  "Covered electronic device" means a computer central processing unit, a desktop 
printer, a video game console, a cathode ray tube, a cathode ray tube device, a flat 
panel display or similar video display device and a consumer electronic device with a 
display screen that is greater than 4 inches measured diagonally and that contains one 
or more circuit boards. "Covered electronic device" does not include an automobile,; 
a household appliance,; a large piece of commercial or industrial equipment, such as 
commercial medical equipment, that contains a cathode ray tube, a cathode ray tube 
device, a flat panel display or similar video display device that is contained within, 
and is not separate from, the larger piece of equipment, or; other medical devices as 
that term is defined under the Federal Food, Drug, and Cosmetic Act; or a cellular 
telephone subject to section 2143.
C-1.  "Desktop printer" means a device weighing 100 pounds or less that prints text 
or illustrations on paper or 3-dimensional objects and that is designed for external use 
with a desktop or portable computer.  "Desktop printer" includes, but is not limited 
to, a daisy wheel, dot matrix, inkjet, laser, LCD and LED line or thermal printer, 
including a device that performs other functions in addition to printing such as 
copying, scanning or transmitting a facsimile.
D.  "Manufacturer" means a person who:
(1)  Manufactures or has manufactured a covered electronic device under its own 
brand or label;
(2)  Sells or has sold under its own brand or label a covered electronic device 
produced by other suppliers;
(3)  Imports or has imported a covered electronic device into the United States 
that is manufactured by a person without a presence in the United States; or
(4)  Owns a brand that it licenses or licensed to another person for use on a 
covered electronic device.
D-1.  "Market share" means a manufacturer's national sales of a covered electronic 
device expressed as a percentage of the total of all manufacturers' national sales for 
that category of covered electronic devices.
E.  "Municipal collection site" means a municipally owned solid waste transfer 
station or recycling center, including a facility owned by a consortium of 
municipalities or a facility that is under contract with a municipality or consortium of 
municipalities to provide solid waste management services.
G.  "Orphan waste" means a covered electronic device, excluding a video game 
console and a television, the manufacturer of which can not be identified or is no 
longer in business and has no successor in interest.
H.  "Recycling" means the use of materials contained in previously manufactured 
goods as feedstock for new products, but not for energy recovery or energy 
generation by means of combustion.
I.  "Recycling and dismantling facility" means a business that processes covered 
electronic devices for reuse and recycling.
J.  "Retailer" means a person who sells or provides a platform for the sale of a 
covered electronic device in the State to a consumer.  "Retailer" includes, but is not 
limited to, a manufacturer of a covered electronic device who sells directly to a 
consumer through any means, including, but not limited to, transactions conducted 
through sales outlets, catalogs or the Internet, or any similar electronic means, but not 
including wholesale transactions with a distributor or other retailer.
K.  "Television" means a covered electronic device that is a cathode ray tube or flat 
panel display primarily intended to receive video programming via broadcast, cable 
or satellite transmission or video from surveillance or other similar cameras.
L.  "Video game console" means an interactive entertainment computer or electronic 
device that produces a video display signal that can be used with a display device 
such as a television or computer monitor to display a video game.
Sec. 2.  38 MRSA §1610, sub-§5, as amended by PL 2011, c. 250, §§5 to 8, is 
further amended to read:
5.  Responsibility for recycling.  Municipalities, consolidators, manufacturers and 
the State share responsibility for the disposal of covered electronic devices as provided in 
this subsection.
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 covered electronic devices generated as waste from 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.
A-1.  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.
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 covered entity in this State and shall maintain an accounting of the 
number of waste 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 each type of covered electronic device 
delivered each month to the consolidator and identified as generated by a covered 
entity 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 each type of covered electronic device sold 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 covered electronic devices 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.
C.  A recycling and dismantling facility shall provide to a consolidator a sworn 
certification that its handling, processing, refurbishment and recycling of covered 
electronic devices meet guidelines for environmentally sound management published 
by the department.
D.  Computer monitor, television, desktop printer and video game console Covered 
electronic device 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 covered entities 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 covered entities in this State and received at consolidation 
facilities.  The manufacturers 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 covered electronic devices 
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 each type of covered electronic device must be funded by 
allocating the cost of the program among the manufacturers selling televisions 
covered electronic devices in the State on a basis proportional to the 
manufacturer's national market share of televisions the type of covered electronic 
device.  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 of each type 
of covered electronic device.  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.
E.  Annually by January 1st the department shall provide manufacturers of computer 
monitors and desktop printers and consolidators with a listing of each manufacturer's 
pro rata share of orphan waste computer monitors and desktop printers.  The 
department shall determine each manufacturer's pro rata share based on the best 
available information, including but not limited to data provided by manufacturers 
and consolidators and data from electronic waste collection programs in other 
jurisdictions within the United States.  Annually, the department shall also provide 
manufacturers of televisions and consolidators with a listing of each television 
manufacturer's proportional market share responsibility for the recycling of 
televisions covered electronic devices for the subsequent calendar year.  Annually by 
January 1st, the department shall also provide manufacturers of video game consoles 
and consolidators with a listing of each video game console manufacturer's 
proportional market share responsibility for the recycling of video game consoles for 
the subsequent calendar year.
Sec. 3.  38 MRSA §1610, sub-§6-A, as amended by PL 2011, c. 250, §9, is 
further amended to read:
6-A.  Manufacturer registration.  Prior to offering a covered electronic device and 
by July April 1st annually, a manufacturer that offers or has offered a computer monitor 
or desktop printer, or offers or has offered within the preceding calendar year a television 
or video game console, covered electronic device for sale in or into this State shall submit 
a registration to the department.  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 covered electronic device on which 
each brand is used, including:
(1)  All brands sold in the State in the past preceding calendar year; 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 covered electronic devices 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; 
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. 4.  38 MRSA §1610, sub-§7, as amended by PL 2009, c. 397, §10, is further 
amended to read:
7.  Enforcement; cost recovery.  The department must enforce this section in 
accordance with the provisions of sections 347-A and 349.  If a manufacturer fails to pay 
for the costs allocated to it pursuant to subsection 5, paragraph D, subparagraph (1), 
including, for a computer monitor manufacturer and a desktop printer manufacturer, its 
pro rata share of costs attributable to orphan waste, the department may pay a 
consolidator its legitimate costs from the Maine Solid Waste Management Fund 
established in section 2201 and seek cost recovery from the nonpaying manufacturer.  
Any nonpaying manufacturer is liable to the State for costs incurred by the State in an 
amount up to 3 times the amount incurred as a result of such failure to comply.
The Attorney General is authorized to commence a civil action against any manufacturer 
to recover the costs described in this subsection, which are in addition to any fines and 
penalties established pursuant to section 349.  Any money received by the State pursuant 
to this subsection must be deposited in the Maine Solid Waste Management Fund 
established in section 2201.
Sec. 5.  38 MRSA §1610, sub-§10, as enacted by PL 2009, c. 397, §11, is 
amended to read:
10.  Rulemaking.  The department shall adopt routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A as necessary to implement, administer and enforce 
this chapter.  The rules must identify the criteria that consolidators must use to determine 
reasonable operational costs attributable to the handling of computer monitors, video 
game consoles, televisions and desktop printers covered electronic devices.
SUMMARY
This bill, which is reported out by the Joint Standing Committee on Environment and 
Natural Resources pursuant to the Maine Revised Statutes, Title 38, section 1772, 
subsection 5, amends the State's electronic waste laws as follows.
1.  It changes the basis on which consumer electronic device manufacturers are billed 
for recycling costs.
2.  It changes the due date for consumer electronic device manufacturer annual 
registration from July 1st to April 1st.
3.  It makes additional changes to align the State's electronic waste program more 
closely with similar programs in other states.
The committee has not taken a position on the substance of this bill and by reporting 
this bill out, the committee is not suggesting and does not intend to suggest that it agrees 
or disagrees with any aspect of this bill.  The committee is reporting the bill out for the 
sole purpose of obtaining a printed bill that can be referred to the committee for a public 
hearing and subsequent committee action in the normal course.