An Act To Amend the State's Electronic Waste Recycling Law
Maine Legislature, Session 130, LD 1208
Committee: Environment and Natural Resources
Sponsors: STEWART, BENNETT
Amends: 38 MRSA §1610

Legislative Document
No. 1208
S.P. 394
In Senate, March 24, 2021
An Act To Amend the State's Electronic Waste Recycling Law
Received by the Secretary of the Senate on March 22, 2021.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator STEWART of Aroostook.
Cosponsored by Senator: BENNETT of Oxford.
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 2011, c. 250, §2, 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 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).
Sec. 2.  38 MRSA §1610, sub-§2, ¶C-2 is enacted to read:
C-2.  "Covered electronic device category" means one of the following categories of 
covered electronic devices: computer monitors, televisions, printers and video game 
consoles.
Sec. 3.  38 MRSA §1610, sub-§2, ¶D-2 is enacted to read:
D-2.  "Manufacturer clearinghouse" means an entity that, on behalf of 2 or more 
manufacturers, prepares and submits a plan to the department for the implementation 
and operation of a statewide manufacturer electronic waste program pursuant to 
subsection 5, paragraph D, subparagraph (3) and, upon the approval of the department, 
implements and operates that program.
Sec. 4.  38 MRSA §1610, sub-§2, ¶G-1 is enacted to read:
G-1.  "Program collection site" means any location included in a plan submitted by a 
manufacturer clearinghouse to the department for approval pursuant to subsection 5, 
paragraph D, subparagraph (3) at which covered electronic devices are collected and 
prepared for transport.  "Program collection site" includes a municipal collection site.
Sec. 5.  38 MRSA §1610, sub-§2, ¶J-1 is enacted to read:
J-1.  "Statewide manufacturer electronic waste program" or "program" means a 
program implemented under subsection 5, paragraph D, subparagraph (5) by a 
manufacturer or manufacturer cleaninghouse for the collection, transportation, 
consolidation and recycling of covered electronic devices pursuant to a plan approved 
by the department under subsection 5, paragraph D, subparagraph (4).
Sec. 6.  38 MRSA §1610, sub-§5, as amended by PL 2017, c. 391, §2, 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 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.
This paragraph is repealed January 1, 2023.
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.
A-2.  Each municipality that chooses to participate in a statewide manufacturer 
electronic waste program implemented pursuant to paragraph D, subparagraph (5) 
shall, on or before May 1, 2022, and annually thereafter, file with the operator of the 
program and with the department a written notice of election to participate in the 
program.  The written notice must include a list of proposed program collection sites 
within the municipality that may be made available for use in the program.  A 
municipality with a population of less than 10,000 residents based on the most recent 
United States Census may elect to participate in a statewide manufacturer electronic 
waste program by committing to provide up to 2 one-day collection events within the 
municipality in lieu of a permanent collection site.  The written notice may include a 
list of recyclers the municipality would prefer to service its program collection sites or 
one-day collection events.
A-3.  Each collector that manages a program collection site or a one-day collection 
event under a statewide manufacturer electronic waste program implemented pursuant 
to paragraph D, subparagraph (5) shall, in accordance with applicable local, state and 
federal laws:
(1)  Accept at the site or event all covered electronic devices and segregate from 
accepted covered electronic devices any electronic devices that are not covered 
electronic devices.  A collector may not transfer to a recycler any electronic devices 
that are not covered electronic devices in the same shipment that includes covered 
electronic devices unless the costs associated with the transportation and recycling 
of the electronic devices that are not covered electronic devices have been arranged 
for outside of the statewide manufacturer electronic waste program under this 
section;
(2)  Ensure that all covered electronic devices are sorted by covered electronic 
device category;
(3)  Ensure that all covered electronic devices are packaged in a manner designed 
to prevent breakage during transportation, including, but not limited to, ensuring 
that such devices are loaded onto pallets and secured with plastic wrapping or are 
placed into pallet-sized bulk shipping containers designed for the transportation of 
covered electronic devices or similar materials;
(4)  Ensure that that each shipment of covered electronic devices prepared for 
transportation in accordance with subparagraphs (2) and (3) that is transferred to a 
recycler weighs no less than 18,000 pounds.  In the event that a shipment weighs 
less than 18,000 pounds, the recycler to whom the shipment is transferred may 
require the collector managing the program collection site to pay to the recycler a 
fee not to exceed $600 per shipment that is reasonably related to the number of 
pounds by which the shipment fails to meet the 18,000-pound threshold; and
(5)  Include with each shipment of covered electronic devices prepared for 
transportation in accordance with subparagraphs (2) and (3) a bill of lading or 
similar manifest describing the origin of the covered electronic devices in the 
shipment, the number of pallets or shipping containers included in the shipment 
and the covered electronic device categories in each pallet or shipping container.
B.  A consolidator is subject to the requirements of this paragraph.
(1-A)  A consolidator shall maintain a written log of the total weight of each type 
of covered electronic device category 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.
(3)  A consolidator shall work cooperatively with manufacturers to ensure 
implementation of a practical and feasible financing system with costs calculated 
on a basis proportional to the manufacturer's national market share of each type of 
covered electronic device sold 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.
This subparagraph is repealed January 1, 2023.
(3-A)  A manufacturer clearinghouse shall contract with and identify in the plan 
submitted to the department pursuant paragraph D, subparagraph (3) each 
consolidator that will work cooperatively with manufacturers participating in the 
manufacturer clearinghouse to ensure implementation of a practical and feasible 
financing system under the statewide manufacturer electronic waste program 
implemented by the manufacturer clearinghouse with costs calculated in 
accordance with subsection 5-A on a basis proportional to the manufacturer's 
national market share of each covered electronic device category sold in the State 
multiplied by the total pounds recycled.  At a minimum, a consolidator shall 
invoice manufacturers or a manufacturer clearinghouse operating a statewide 
manufacturer electronic waste program pursuant to paragraph D for the handling, 
transportation and recycling costs for which they are responsible under the 
provisions of this subsection.
(4)  A consolidator shall transport 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 are certified pursuant to 3rd-party certification standards approved 
by the department and meet other applicable guidelines for environmentally sound 
management published by the department.
D.  Covered electronic device manufacturers are subject to the requirements of this 
paragraph.
(1)  Manufacturers shall pay the reasonable operational costs of the consolidator 
attributable to the handling of all 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 each type of 
covered electronic device must be funded by allocating the cost of the program 
electronics recycling system established under this section among the 
manufacturers selling covered electronic devices in the State on a basis 
proportional to the manufacturer's national market share of the type of covered 
electronic device.  The department shall annually determine each manufacturer's 
recycling share based on readily available national market share data.  If the 
department determines that a manufacturer's market share is less than 1/10 of 1%, 
the department may determine that market share de minimus.  A manufacturer 
whose market share is determined de minimus by the department is not responsible 
for payment of a pro rata share 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 manufacturers that have 1/10 of 1% or more of the market 
of each type of covered electronic device category.
This subparagraph is repealed January 1, 2023.
(2)  Each 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.
This subparagraph is repealed January 1, 2023.
(3)  On or before September 1, 2022, and annually thereafter, a manufacturer, 
individually or collectively as part of a manufacturer clearinghouse, shall submit 
to the department a plan for the implementation of a statewide manufacturer 
electronic waste program described in subparagraph (4).  The plan must include:
(a)  Contact information for the individual who will serve as the point of 
contact for the program;
(b)  If submitted by a manufacturer clearinghouse, a list of the manufacturers 
that will be participating in the program during the upcoming calendar year 
and a certification that those participating manufacturers collectively represent 
at least 50% of the total market share responsibility for the recycling of covered 
electronic devices for the upcoming calendar year for all manufacturers subject 
to this section.  The department may not approve a plan submitted under this 
subparagraph by a manufacturer clearinghouse if the department determines 
that the manufacturers that will be participating in the program during the 
upcoming calendar year collectively represent less than 50% of the total 
market share responsibility for the recycling of covered electronic devices for 
the upcoming calendar year for all manufacturers subject to this section;
(c)  A list of the municipalities that have elected to participate in the program 
received in accordance with subsection 5, paragraph A-2 and a description of 
the instructions that will be provided under the program to municipalities 
seeking to make such an election.  The manufacturer or manufacturer 
clearinghouse shall make such instructions to municipalities available on its 
publicly accessible website no later than December 1, 2022;
(d)  A list of the program collection sites and one-day collection events that 
will be included under the program during the upcoming calendar year and 
information regarding the collector that will be managing each site or event;
(e)  A list of the consolidators and recyclers that the program intends to contract 
with during the upcoming calendar year.  On or before December 1, 2022, and 
annually thereafter, the manufacturer or manufacturer clearinghouse shall 
provide an updated list of the consolidators and recyclers described in this 
subparagraph;
(f)  If submitted by a manufacturer clearinghouse, a certification of compliance 
with the requirements of subsection 5-A; and
(g)  Any other information required by the department.
(4)  The department shall review and approve or reject a plan submitted pursuant 
to subparagraph (3) within 60 days of receipt.
(a)  The department shall approve a plan, provide written notification of that 
approval to the individual described in subparagraph (3), division (a) and post 
on its publicly accessible website a copy of that approved plan upon a finding 
that:
(i)  The program collection sites and one-day collection events described 
in subparagraph (3), division (d) are sufficient to meet the collection needs 
of the municipalities that have elected to participate in the program as 
described in subparagraph (3), division (c) and that the consolidators and 
recyclers described in subparagraph (3), division (e) are sufficient to meet 
the demand of those sites and events;
(ii)  The plan is designed to minimize the generation of greenhouse gas 
emissions associated with the vehicle travel associated with the program; 
and
(iii)  The plan meets all other applicable requirements imposed by this 
section and the rules adopted pursuant to this section.
(b)  If the department determines that the plan fails to meet the approval 
requirements described in division (a), the department shall reject the plan by 
providing written notification of the rejection to the individual described in 
subparagraph (3), division (a) that describes the reasons for the rejection.  
Within 30 days of receipt of a written notice of rejection under this division, 
the manufacturer or manufacturer clearinghouse shall submit to the department 
for review a revised plan that addresses the stated reasons for the prior 
rejection.  The department shall review a revised plan under this division in 
accordance with the criteria in division (a).
(5)  No later than January 1, 2023, and annually thereafter, a manufacturer or 
manufacturer clearinghouse shall implement and operate a statewide manufacturer 
electronic waste program for the collection, transportation, consolidation and 
recycling of covered electronic devices pursuant to a plan approved by the 
department pursuant to subparagraph (4).
(6)  On or before March 1, 2024, and annually thereafter, a manufacturer or 
manufacturer clearinghouse operating a program implemented pursuant to 
subparagraph (5) shall submit to the department a report that includes the following 
information:
(a)  The total weight of covered electronic devices, delineated by covered 
electronic device category, that were collected at and transported from all 
program collection sites and one-day collection events under the program 
during the prior calendar year;
(b)  The total weight of covered electronic devices, delineated by covered 
electronic device category and further delineated by the municipality in which 
the covered electronic devices were collected, that were recycled under the 
program during the prior calendar year; and
(c)  Any other information required by the department.
E.  Annually by January 1st the department shall provide manufacturers and 
consolidators with a listing of each manufacturer's proportional market share 
responsibility for the recycling of covered electronic devices for the subsequent 
calendar year.
This paragraph is repealed January 1, 2023.
Sec. 7.  38 MRSA §1610, sub-§5-A is enacted to read:
5-A.  Allocation of financial responsibility; manufacturer clearinghouse.  In 
accordance with the provisions of this subsection, a manufacturer clearinghouse shall 
allocate financial responsibility for the costs of implementing and operating an approved 
statewide manufacturer electronic waste program as required pursuant to subsection 5, 
paragraph D among the manufacturers participating in the program.
A. On or before March 1, 2022, and annually thereafter, a manufacturer clearinghouse 
shall submit to the department:
(1) Using best available data, an estimate of the return share of each category of 
covered electronic device associated with its participating manufacturers for the 
upcoming calendar year and an estimate of each participating manufacturer's 
market share of each category of covered electronic device;
(2) A proposed methodology for fairly and reasonably allocating financial 
responsibility for program costs during the upcoming calendar year between 
participating manufacturers that is designed to ensure that the share of the costs 
allocated to each manufacturer is reasonably related to the manufacturer's market 
share of covered electronic devices.  Manufacturers must assume financial 
responsibility for the costs associated with the collection and preparation for 
transportation of covered electronic devices by collectors under the program; and
(3) In addition to the methodology described in subparagraph (2), at the election of 
the manufacturer clearinghouse and after adequate notice to all participating 
manufacturers, a proposed methodology for reducing the financial responsibility 
of participating manufacturers by encouraging the use of readily recyclable or 
sustainable materials in covered electronic devices sold in the State.  The 
methodology under this subparagraph may not be designed to result in the 
reduction by more than 50% of any participating manufacturer's financial 
responsibility.
B.  On or before November 1, 2022, and annually thereafter, based on the information 
provided pursuant to paragraph A and any other data available to the department, the 
department shall submit to a manufacturer clearinghouse a written statement describing 
the unadjusted total proportional responsibility for each manufacturer participating in 
the manufacturer clearinghouse for the upcoming calendar year, calculated as follows:
(1)  For each covered electronic device category, the department shall multiply the 
participating manufacturer's market share for the covered electronic device 
category by the return share for the covered electronic device category; and
(2) The department shall add together all of the amounts calculated pursuant to 
subparagraph (1), which shall constitute the participating manufacturer's 
unadjusted total proportional responsibility.
If the department determines that, for any covered electronic device category, the sum 
of the amounts calculated pursuant to subparagraph (1) for all participating 
manufacturers with respect to that category of covered electronic device does not equal 
the total return share for that category of covered electronic devices described in 
paragraph A, subparagraph (1), the department shall calculate the discrepancy between 
that sum and the total return share and, for each participating manufacturer, multiply 
the resulting figure by the manufacturer's market share for that category of covered 
electronic device.  The department shall include these amounts, which constitute each 
participating manufacturer's adjusted total proportional responsibility, in the written 
notification to the manufacturer clearinghouse required under this paragraph.
C.  A manufacturer may through a separate agreement with a collection site that is not 
a program collection site satisfy all or a portion of its financial responsibility under the 
program associated with the collection, transportation and recycling of covered 
electronic devices and allocated in accordance with this subsection.
D.  Beginning January 1, 2023, and annually thereafter, the department shall provide 
each manufacturer with a listing of the manufacturer's proportional market share 
responsibility for the recycling of covered electronic devices for the subsequent 
calendar year and shall provide a manufacturer clearinghouse with a listing of the 
proportional market share responsibility for the recycling of covered electronic devices 
for the subsequent calendar year for each manufacturer participating in the 
manufacturer clearinghouse.
Sec. 8.  38 MRSA §1610, sub-§7, as amended by PL 2017, c. 391, §4, is repealed 
and the following enacted in its place:
7.  Enforcement; cost recovery.  The department must enforce this section in 
accordance with the provisions of sections 347-A and 349.
A.  If a manufacturer fails to pay for the costs allocated to it pursuant to subsection 5, 
paragraph D, subparagraph (1), 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.
This paragraph is repealed January 1, 2023.
B.  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.
This paragraph is repealed January 1, 2023.
C.  Beginning January 1, 2023, a manufacturer clearinghouse may implement policies 
and procedures to exclude from participation any manufacturer that fails to comply 
with the requirements of this section but has no authority to enforce any provision of 
this section.  If a manufacturer clearinghouse has reason to believe that a manufacturer 
has failed to comply with the requirements of this section, it shall notify the department 
of the potential noncompliance.
Sec. 9.  38 MRSA §1610, sub-§10-A is enacted to read:
10-A.  Antitrust.  A manufacturer or manufacturer clearinghouse, including a 
manufacturer's or manufacturer clearinghouse's officers, members, employees and agents 
that organize a statewide manufacturer electronic waste program under this section, is 
immune from damages, liability or scrutiny under state laws relating to antitrust, restraint 
of trade, unfair trade practices and other regulation of trade or commerce for the 
manufacturer's or manufacturer clearinghouse's conduct, regardless of the effect of such 
conduct on competition, only to the extent necessary to plan and implement the 
manufacturer's or manufacturer clearinghouse's statewide manufacturer electronic waste 
program consistent with the provisions of this section.  The activities of a manufacturer or 
manufacturer clearinghouse that are authorized under this section are undertaken pursuant 
to the express purposes stated in subsection 1 and under the active supervision of the 
department in accordance with its authority under this section.
Sec. 10.  38 MRSA §1610, sub-§11, as enacted by PL 2009, c. 397, §12, is amended 
to read:
11.  Interstate clearinghouse for electronic waste recycling collaboration.  The 
department may participate in the establishment and implementation of a regional 
multistate organization or compact to assist in carrying out the requirements of this chapter 
section.
SUMMARY
This bill amends the State's electronic waste recycling law by requiring that, no later 
than January 1, 2023, manufacturers of certain electronic devices, individually or 
collectively through a manufacturer clearinghouse, must design and implement a statewide 
manufacturer electronic waste program to provide for the collection, transportation, 
consolidation and recycling of collected electronic devices in the State.  The Department 
of Environmental Protection shall review and approve plans for the implementation of such 
a program and shall enforce program requirements.  The bill also repeals or amends certain 
provisions of the existing electronic waste recycling law to align those provisions with the 
new program requirements.