Sec. 1. 38 MRSA §1664, sub-§2, as enacted by PL 1999, c. 779, §2, is amended to read:

2. Thermostats. A manufacturer of thermostats that contain mercury or a manufacturer of thermostats that may replace thermostats that contain mercury shall, in addition to the requirements of section sections 1662 and 1664-A, provide incentives for and sufficient information to purchasers and consumers of the thermostats for the purchasers or consumers to ensure that mercury in thermostats being removed from service is reused, recycled or otherwise managed in compliance with section 1663. A manufacturer that has complied with this subsection is not liable for improper disposal by purchasers or consumers of thermostats. Manufacturer collection programs conducted in accordance with universal waste rules adopted by the department meet the requirements of this subsection.

Sec. 2. 38 MRSA §1664-A is enacted to read:

§1664-A.__Mercury-added thermostats

1.__Collection and recycling program.__The manufacturers of mercury-added thermostats sold in this State shall individually or collectively:

A.__Within 3 months of the effective date of this section, establish and maintain 100 collection centers to which mercury-added thermostats may be transported that are geographically located to serve all areas of the State;

B.__Equip each collection center with a container that meets department specifications to receive mercury-added thermostats from residents of the State, including but not limited to heating, ventilation and air conditioning contractors;

C.__Take financial responsibility to provide for shipping filled containers to appropriate facilities and for processing and recycling the mercury;

D.__As part of or in addition to the collection centers required by this section, establish a collection center at:

(1)__The place of business of any heating, ventilation or air conditioning contractor that requests in writing to be included in the collection and recycling program; and