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Amend the bill by inserting after the enacting clause the following:
‘Sec. 1. 38 MRSA §1665-B, sub-§6, as enacted by PL 2005, c. 558, §1, is amended to read:
 
6. Report.  By March 15, 2007 and annually thereafter, the department shall submit a report on the collection and recycling of mercury-added thermostats in the State to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report due in 2007 must include a description and discussion of the financial incentive plan established under this section and recommendations for any statutory changes concerning the collection and recycling of mercury-added thermostats. Subsequent reports must includeAnnually, the department shall submit to the joint standing committee of the Legislature having jurisdiction over natural resources matters a report that includes an evaluation of the effectiveness of the thermostat collection and recycling programs established under this section, information on actual collection rates and recommendations for any statutory changes concerning the collection and recycling of mercury-added thermostats. The report may be included in the report required pursuant to section 1772, subsection 1.
Sec. 2. 38 MRSA §1672, sub-§4, ¶E, as enacted by PL 2009, c. 272, §1, is amended to read:
 
E. Beginning April 15,in 2013, and biennially thereafter, the department shall calculate the percentage of mercury-added lamps recycled from households and report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on any modifications to the manufacturer recycling programs it intends to make to improve mercury-added lamp recycling rates and any recommendations for statutory changes needed to facilitate mercury-added lamp collection and recycling. The report may be included in the report required pursuant to section 1772, subsection 1.’
Amend the bill in section 5 in §1776 by striking out all of subsection 10 (page 4, lines 18 to 22 in L.D.) and inserting the following:
 
‘10.  Proprietary information.     Proprietary information submitted to the department in a product stewardship plan, in an amendment to a product stewardship plan or pursuant to reporting requirements of this section that is identified by the submittor as proprietary information is confidential and must be handled by the department in the same manner as confidential information is handled under section 1310-B.
 
As used in this subsection, "proprietary information" means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available.’
Amend the bill by striking out all of sections 6 to 8 and inserting the following:
‘Sec. 6. 38 MRSA §2143, sub-§4, as enacted by PL 2007, c. 343, §1, is amended to read:
 
4. Reports.   By January 1, 2009, and every year thereafter until January 1, 2013, a cellular telephone service provider shall report to the department the number of cellular telephones collected pursuant to this section and how the collected cellular telephones were disposed of, reused or recycled. By February 1, 2009 and every year thereafter until February 1, 2013Annually, the department shall report on the collection system to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report may be included in the report required pursuant to section 1772, subsection 1.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment changes the reporting dates for reports related to the thermostat collection and recycling program and the mercury-added lamp recycling program and authorizes the department to include the reports in the product stewardship report in the bill. The amendment clarifies the provision in the bill related to the confidentiality of proprietary information that provides that proprietary information submitted to the Department of Environmental Protection must be handled by the department in the same manner as confidential information is handled under the Maine Revised Statutes, Title 38, section 1310-B. Although section 1310-B, in part, governs the handling of confidential hazardous waste information, the reference to section 1310-B in the amendment is not intended to limit the applicability of the confidentiality provisions in the amendment to hazardous waste information but to provide a process for how the proprietary information is to be handled. The amendment also strikes the provisions in the bill that repeal the requirement for retailers to collect used cell phones and a related report and instead requires the report to be included with the product stewardship report in the bill.
FISCAL NOTE REQUIRED
(See attached)