An Act To Provide for the Safe Collection and Recycling of Mercury-containing Lighting
Sec. 1. 38 MRSA §1672 is enacted to read:
§ 1672. Mercury-added lamps
(1) The lamp being sold or offered for sale was manufactured on or after January 1, 2010 and does not meet the mercury content standards adopted by the department;
(2) The manufacturer of the lamp sold or being offered for sale fails to provide the documentation to the department required by paragraph C; or
(3) The manufacturer of the lamp being sold or offered for sale does not provide the certification required in paragraph D.
(1) Provide certification to a person who sells or offers for sale that manufacturer's lamp. The certification must attest that the lamp meets the mercury content standards adopted by the department; or
(2) Prominently display the certification required by subparagraph (1) on the shipping container or on the packaging of the lamp.
(1) Convenient collection locations located throughout the State where residents can drop off their household lamps without cost;
(2) Handling and recycling equipment and practices in compliance with the universal waste rules adopted pursuant to section 1319-O, subsection 1, paragraph F and all other applicable requirements;
(3) Effective education and outreach, including, but not limited to, point-of-purchase signs and other materials provided to retail establishments without cost; and
(4) An annual report to the department on the number of mercury-added lamps recycled under the manufacturer's program, the estimated percentage of mercury-added lamps available for recycling that were recycled under the program and the methodology for estimating the number of mercury-added lamps available for recycling, an evaluation of the effectiveness of the recycling program, recommendations for increasing the number of lamps recycled under the recycling program and an accounting of the costs associated with administering and implementing the recycling program.
Sec. 2. Recycling program submission date for existing manufacturers. A manufacturer subject to the Maine Revised Statutes, Title 38, section 1672 and in existence on the effective date of this Act shall submit its proposed recycling program pursuant to Title 38, section 1672, subsection 4, paragraph B by January 1, 2010.
Sec. 3. Report on recycling of mercury-added lamps from businesses. The Department of Environmental Protection shall submit a report by January 1, 2010 to the Joint Standing Committee on Natural Resources on the recycling of mercury-added lamps from businesses, including, but not limited to, linear fluorescent lamps. The report must include:
1. An estimate of the number of mercury-added lamps recycled and the recycling rate for mercury-added lamps from businesses over each of the last 3 years;
2. A comprehensive strategy for improving lamp recycling rates;
3. Any legislation necessary to implement the strategy proposed in the report; and
4. The availability of nonmercury lamps to replace mercury-added lamps.
The Joint Standing Committee on Natural Resources may submit legislation to the Second Regular Session of the 124th Legislature to implement recommendations included in the report.
This bill requires each manufacturer of mercury-added lamps to implement a mercury-added lamp recycling program for the recycling of the mercury-added lamps sold or distributed in the State for household use. It authorizes the Department of Environmental Protection to adopt mercury content standards established for lamps sold in the European Union pursuant to the RoHS directive. It directs the Department of Administrative and Financial Services to prefer lamps with the lowest possible mercury content when making purchasing decisions. It requires the Department of Environmental Protection to submit a report by January 1, 2010 to the Joint Standing Committee on Natural Resources on the recycling of mercury-added lamps from businesses, and it authorizes the committee to submit legislation to implement the recommendations in the report.