Amend the bill by striking out all of the emergency preamble.
Amend the bill by inserting after section 4 the following:
‘Sec. 5. 38 MRSA §1610, sub-§2, ¶G, as amended by PL 2009, c. 231, §2 and affected by §7, is further amended to read:
Amend the bill by striking out all of section 6 and inserting the following:
‘Sec. 6. 38 MRSA §1610, sub-§5, as amended by PL 2009, c. 231, §3 and affected by §7, is further amended to read:
(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 household in this State and shall maintain an accounting of the number of waste household 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 delivered each month to the consolidator and identified as generated by a household 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 waste is 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 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 waste computer monitors and waste , televisions , desktop printers and video game consoles 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.
(1) Ninety days after the department adopts rules as provided for in this subparagraph, each 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 households 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 households in this State and received at consolidation facilities in this State. The manufacturers shall pay the reasonable operational costs of the consolidator attributable to the handling of all computer monitors and , televisions , desktop printers and video game consoles generated as waste by households 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 must be funded by allocating the cost of the program among the manufacturers selling televisions in the State on a basis proportional to the manufacturer's national market share of televisions. 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 deem determine that market share de minimus. A television manufacturer whose market share is deemed 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 deemed 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. The manufacturers shall ensure that consolidation facilities are geographically located to conveniently serve all areas of the State as determined by the department. By November 1, 2005, the department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2-A that identify the criteria that consolidators must use to determine reasonable operational costs attributable to the handling of computer monitors and televisions. 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 and , 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.
Amend the bill by striking out all of section 7 and inserting the following:
‘Sec. 7. 38 MRSA §1610, sub-§6, as amended by PL 2009, c. 231, §4 and affected by §7, is repealed.
Amend the bill in section 8 in subsection 6-A in the first paragraph in the last line (page 4, line 35 in L.D.) by striking out the following: " that includes" and inserting the following: ' and pay to the department an annual registration fee of $3,000. The annual registration must include'
Amend the bill in section 8 in subsection 6-A in the last paragraph in the last line (page 5, line 18 in L.D.) by inserting after the following: " of the change." the following: ' Registration fees collected by the department pursuant to this subsection must be deposited in the Maine Environmental Protection Fund established in section 351.'
Amend the bill by inserting after section 8 the following:
‘Sec. 9. 38 MRSA §1610, sub-§7, as amended by PL 2009, c. 231, §5 and affected by §7, is further amended to read:
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.’
Amend the bill in section 11 in the first line (page 5, line 29 in L.D.) by striking out the following: "2009" and inserting the following: '2010'
Amend the bill by striking out all of sections 12 and 13 and inserting the following:
‘Sec. 12. Effective date. That section of this Act that repeals the Maine Revised Statutes, Title 38, section 1610, subsection 6 and that section of this Act that enacts Title 38, section 1610, subsection 6-A take effect July 1, 2010.’
Amend the bill by striking out all of the emergency clause.
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.