Bill Summary – FastDemocracy

130th MAINE LEGISLATURE
                  FIRST REGULAR SESSION-2021
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.
                                       Printed on recycled paper
 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
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 transportation from a local or regional solid waste transfer station or recycling facility,
43
 by contracting with a disposal facility to accept waste directly from the municipality's
44
 residents or through curbside pickup or other convenient collection and transportation
45
 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
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     require the collector managing the program collection site to pay to the recycler a
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     fee not to exceed $600 per shipment that is reasonably related to the number of
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     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
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 by the department and meet other applicable guidelines for environmentally sound
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 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
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    upcoming calendar year collectively represent less than 50% of the total
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    market share responsibility for the recycling of covered electronic devices for
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    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
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             for review a revised plan that addresses the stat