2015 -- S 0608

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LC001949

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY - MERCURY REDUCTION AND EDUCATION

ACT

     

     Introduced By: Senators Ruggerio, Conley, Archambault, McCaffrey, and Goldin

     Date Introduced: March 05, 2015

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-24.9-2, 23-24.9-3, 23-24.9-9, 23-24.9-10, 23-24.9-10.2, 23-

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24.9-15 and 23-24.9-20 of the General Laws in Chapter 23-24.9 entitled "Mercury Reduction and

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Education Act" are hereby amended to read as follows:

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     23-24.9-2. Findings. -- The general assembly has found and hereby declares that:

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      (1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment;

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      (2) Mercury deposition has proven to be a significant problem in the northeastern United

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States;

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      (3) Consumption of mercury-contaminated freshwater fish poses a significant public

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health threat to the residents of Rhode Island;

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      (4) In order to address these real threats to public health and the environment, the state

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has been and should continue to actively cooperate with other states in the region to help

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minimize harm resulting from mercury in food, soil, air and water;

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      (5) According to a 2004 study by the U.S. environmental protection agency titled

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"International mercury market study and the role and impact of U.S. environmental policy," more

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than ten percent (10%) of the estimated mercury reservoir in the United States is in thermostats;

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      (6) In 1998, thermostat manufacturers, General Electric, Honeywell, and White Rodgers

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established the thermostat recycling corporation "(TRC)", a non-profit corporation to facilitate

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recycling of mercury thermostats nationwide. The TRC originally operated solely through

 

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wholesalers but has since expanded to enable collection by contractors, household hazardous

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waste facilities, and retailers. The TRC is a voluntary program in all states, but several states

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require wholesalers to act as collection points for waste mercury thermostats. Participation in the

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TRC is likely the simplest, least-cost means of complying.;

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      (7) The manufacturers of mercury-containing thermostats, with the cooperation of the

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department, should be encouraged to submit a single unified plan for the collection of mercury-

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containing thermostats, the cost of which should be appropriately apportioned between

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participating manufacturer; and

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     (8) The manufacturers of mercury-containing lamps, with the cooperation of the

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corporation in collaboration with the department, should be encouraged to submit a single unified

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plan for the collection of mercury-containing lamps, the cost of which should be appropriately

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apportioned between participating manufacturers; and

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      (8)(9) The intent of this chapter is to achieve significant reductions in environmental

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mercury by encouraging the establishment of effective waste reduction, recycling, management

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and education programs.

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     23-24.9-3. Definitions. -- For the purpose of this chapter:

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      (1) "Component" means a mercury-added product which is incorporated into another

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product to form a fabricated mercury-added product, including, but not limited to, electrical

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switches and lamps.

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     (2) "Corporation" means the Rhode Island resource recovery corporation created and

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established pursuant to chapter 19 of title 23.

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     (3) "Covered entity" means any person who presents to a collection facility that is

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included in an approved plan:

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     (i) Any number of compact fluorescent mercury-containing lamps; or

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     (ii) Ten (10) or fewer mercury-containing lamps that are not compact fluorescent lamps

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and are not from a large use application.

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      (2)(4) "Department" means the department of environmental management.

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      (3)(5) "Director" means the director of the department of environmental management or

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any subordinate or subordinates to whom the director has delegated the powers and duties vested

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in him or her by this chapter.

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      (4)(6) "Fabricated mercury-added product" means a product that consists of a

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combination of individual components that combine to make a single unit, including, but not

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limited to, mercury-added measuring devices, lamps and switches to which mercury or a mercury

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compound is intentionally added in order to provide a specific characteristic, appearance, or

 

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quality, or to perform a specific function or for any other reason.

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      (5)(7) "Formulated mercury-added product" means a product that includes, but is not

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limited to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals and coating

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materials that are sold as a consistent mixture of chemicals to which mercury or a mercury

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compound is intentionally added in order to provide a specific characteristic, appearance, or

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quality, or to perform a specific function or for any other reason.

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      (6)(8) "Healthcare facility" means any hospital, nursing home, extended care facility,

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long-term care facility, clinical or medical laboratory, state or private health or mental institution,

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clinic, physician's office or health maintenance organization.

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      (7)(9) "Manufacturer" means any person, firm, association, partnership, corporation,

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governmental entity, organization, combination or joint venture that produces a mercury-added

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product or an importer or domestic distributor of a mercury-added product produced in a foreign

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country. In the case of a multi-component mercury-added product, the manufacturer is the last

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manufacturer to produce or assemble the product. If the multi-component product is produced in

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a foreign country, the manufacturer is the importer or domestic distributor. In the case of

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mercury-containing thermostats, the manufacturer is the original equipment manufacturer who

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sells or sold a mercury-containing thermostat under a brand or label it owns, or is or was licensed

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to use a mercury-containing thermostat produced by other suppliers.

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     (10) In the case of mercury-containing lamps, the manufacturer is a person who

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     (i) Manufactures or manufactured a mercury-containing lamp under its own brand or

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label for sale in the state;

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     (ii) Sells in the state under its own brand or label a mercury containing lamp produced by

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another supplier;

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     (iii) Owns a brand that it licenses, or licensed to another person for use on a mercury-

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containing lamp sold in the state;

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     (iv) Imports into the United States for sale in the state a mercury-containing lamp

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manufactured by a person without a presence in the United States;

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     (v) Manufactures a mercury-containing lamp for sale in the state without affixing a brand

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name; or

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     (vi) Assumes the responsibilities, obligation, and liabilities of a manufacturer as defined

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under paragraphs (i) through (v) of this subdivision.

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     (11) "Mercury-containing lamp" means a general purpose lamp to which mercury is

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intentionally added during the manufacturing process. "Mercury-containing lamp" does not mean

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a lamp used for medical, disinfection, treatment or industrial purposes.

 

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      (8)(12) "Mercury-added button cell battery" means a button cell battery to which the

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manufacturer intentionally introduces mercury for the operation of the battery.

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      (9)(13) "Mercury-added novelty" means a mercury-added product intended mainly for

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personal or household enjoyment or adornment. Mercury-added novelties include, but are not

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limited to, items intended for use as figurines, adornments, toys, games, cards, ornaments, yard

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statues and figures, candles, jewelry, holiday decorations, items of apparel (including footwear),

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or similar products.

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      (10)(14) "Mercury-added product" means a product, commodity, chemical or a product

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with a component that contains mercury or a mercury compound intentionally added to the

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product, commodity, chemical or component in order to provide a specific characteristic,

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appearance, or quality, or to perform a specific function or for any other reason. These products

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include formulated mercury-added products and fabricated mercury-added products.

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      (11)(15) "Mercury fever thermometer" means a mercury-added product that is used for

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measuring body temperature.

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      (12)(16) "Mercury-containing thermostat" means a product or device that uses a mercury

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switch to sense and control room temperature through communication with heating, ventilating,

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or air-conditions equipment. "Mercury-containing thermostat" includes thermostats used to sense

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and control room temperature in residential, commercial, industrial, and other buildings, but does

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not include a thermostat used to sense and control temperature as part of a manufacturing process.

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      (13)(17) "Person" means an individual, trust, firm, joint stock company, corporation

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(including a government corporation), partnership, association, the federal government or any

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agency or subdivision thereof, a state, municipality, commission, political subdivision of a state,

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or any interstate body.

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      (14)(18) "Thermostat retailer" means a person who sells thermostats of any kind directly

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to homeowners or other nonprofessionals through any selling or distribution mechanism,

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including, but not limited to, sales using the internet or catalogues. A retailer may also be a

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wholesaler if it meets the definition of wholesaler.

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      (15)(19) "Thermostat wholesaler" means a person that is engaged in the distribution and

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wholesale sale of thermostats and other heating, ventilation, and air-conditioning components to

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contractors who install heating, ventilation, and air-conditioning components.

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      (16)(20) "Contractor" means a person engaged in the business of installation, service, or

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removal of heating, ventilation, and air-conditioning components.

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      (17)(21) "Qualified contractor" means a person engaged in the business of installation,

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service, or removal of heating, ventilation, and air-conditioning components who employs seven

 

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(7) or more service technicians or installers or who is located in an area outside of an urban area,

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as defined by the United States bureau of the census.

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      (18)(22) "Local government collections" means collections completed by household

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hazardous waste facilities, solid waste management agencies, environmental management

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agencies, or the department of health.

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     23-24.9-9. Disposal ban. -- (a) Except as otherwise provided for in this chapter, after

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July 1, 2006, no person shall dispose of mercury-added products in a manner other than by

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recycling or disposal as hazardous waste. Mercury from mercury-added products may not be

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discharged to water, wastewater treatment, and wastewater disposal systems except when it is

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done in compliance with local, state, and federal applicable requirements.

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      (b) If a formulated mercury-added product is a cosmetic or pharmaceutical product

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subject to the regulatory requirements relating to mercury of the federal Food and Drug

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Administration, then the product is exempt from the requirements of this section.

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      (c) This section shall not apply to: (1) anyone who disposes of a mercury-added button

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cell battery; or (2) mercury-added components as contained in motor vehicles except as provided

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in subdivision 23-24.9-10(b)(2) and in accordance with such regulations as may be adopted by

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the department in order to achieve the purposes of subdivision 23-24.9-10(b)(2); and (3)

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households disposing of lamps and products containing lamps.

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      (d) The restrictions on the disposal of mercury-added components in motor vehicles shall

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be as set forth in subsection (a) of this section effective January 1, 2006, and shall be

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implemented as provided for in subdivision (c)(2) of this section and subdivision 23-24.9-

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10(b)(2).

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      (e) The restrictions on amalgam waste recycling and disposal shall be implemented as

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provided for in § 23-24.9-9.3.

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      (f) Any contractor who replaces a mercury-containing thermostat from a building shall

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recycle the thermostat using its own collection container provided by thermostat manufacturers,

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or deliver the mercury-containing thermostat to an appropriate wholesaler, retailer or local

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government collection for recycling.

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      (g) Any contractor who demolishes a building shall remove any mercury-containing

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thermostats from the building prior to demolition and shall deliver the mercury-containing

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thermostats to an appropriate wholesaler, retailer or collection location for recycling.

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      (h) Any person who replaces a mercury-containing thermostat from any location in the

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state that is participating in an energy efficiency and/or weatherization program supported or

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administered in whole or in part by any department, agency, instrumentality, or political

 

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subdivision of the state or conducted as a result of any statutory requirement, including but not

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limited to, demand-side management pursuant to, household hazardous waste drop-off event §

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39-2-1.2, or least-cost procurement pursuant to § 39-1-27.7, shall deliver the mercury-containing

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thermostats to an appropriate wholesaler, retailer or collection location for recycling.

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     (i) After January 1, 2018, the ban will apply to disposal of mercury-containing lamps.

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     23-24.9-10. Collection of mercury-added products. -- (a) After January 1, 2006, no

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mercury-added product shall be offered for final sale or use or distribution for promotional

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purposes in Rhode Island unless the manufacturer, either on its own or in concert with other

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persons, has implemented a system, after review and approval of the corporation in collaboration

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with the director, for the convenient and accessible collection of such products when the

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consumer is finished with them. Where a mercury-added product is a component of another

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product, the collection system must provide for removal and collection of the mercury-added

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component or collection of both the mercury-added component and the product containing it.

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Mercury-added components in motor vehicles shall be collected and recycled as provided for in

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subdivision (b) (2) of this section. Mercury-containing thermostats shall be collected and recycled

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as provided for in § 23-24.9-10.2. Mercury-containing lamps from covered entities shall be

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collected and recycled as provided for in subsection (b)(4) of this section.

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      (b) (1) This section shall not apply to the collection of mercury-added button cell

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batteries or mercury-added lamps or products where the only mercury contained in the product

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comes from a mercury-added button cell battery or a mercury-added lamp; and

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      (2) Mercury-added components in motor vehicles at end-of-life shall be collected and

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recycled as provided in this subsection. Significant, willful failure to comply with rules and/or

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regulations to implement the provisions of this section shall constitute, as may be determined by

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the department, a violation of the ban established in § 23-24.9-9. No scrap recycling facility or

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other person that receives a flattened, crushed or baled end-of-life vehicle shall be deemed to be

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in violation of subdivision 23-24.9-10(b)(2) and rules and regulations pursuant thereto or § 23-

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24.9-9 if a mercury switch is found in the vehicle after its acquisition.

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      For the purposes of subdivision 23-24.9-10(b)(2) the following terms shall have the

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following meanings: (i) "Capture rate" means the annual removal, collection, and recovery of

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mercury switches, as a percentage of the total number of mercury switches available for removal

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from end-of-life vehicles as determined by the department of environmental management.

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Capture rate shall not include mercury switches that are inaccessible due to significant damage to

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the motor vehicle in the area where the mercury switch is located; (ii) "Mercury added

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component" or "Mercury switch" means a mercury-added convenience light switch assembly or

 

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capsule from an end-of-life motor vehicle; (iii) "Scrap recycling facility" means a fixed location

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where machinery and equipment are utilized for processing and manufacturing scrap metal into

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prepared grades and whose principal product is scrap iron, scrap steal, or nonferrous metallic

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scrap for sale for remelting purposes; and (iv) "Vehicle recycler" means and individual or entity

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licensed under the provisions of § 42-14.2-3 that engages in the business of acquiring,

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dismantling, parts recycling from, or destroying six (6) or more end-of-life vehicles in a calendar

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year.

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      (A) Manufacturers of motor vehicles sold in Rhode Island that contain mercury switches

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shall, individually or collectively, establish and implement a collection program for mercury

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switches to achieve a capture rate of not less than fifty percent (50%) for calendar year 2006, and

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not less than seventy percent (70%) for calendar year 2007 and each calendar year thereafter

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through calendar year 2017.

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      (B) The department shall develop, issue, administer and enforce regulation compelling

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the manufacturers of motor vehicles sold in Rhode Island that contain mercury switches to

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undertake a collection program as set forth in this subparagraph, 23-24.9-10(b)(2)(B). The

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department shall determine that the capture rate in each year of the program and shall access

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whether any failure to achieve the capture rate was the result of a force-majeure. The department

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shall report publicly on or before March 31, each year its findings with regard to the capture rate

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during the prior year. The manufacturer or manufacturers shall pay the total cost of the removal,

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replacement, collection and recovery system for mercury switches, under this subparagraph, 23-

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24.9-10(b)(2)(B), to the vehicle recycler or scrap recycling facility that removed the switch. The

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total cost shall include, but not be limited to a minimum of five dollars ($5.00) for each mercury

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switch removed by a vehicle recycler or by a scrap recycling facility, as partial compensation for

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the labor and other costs incurred in the removal of the mercury switch.

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      (3) The provisions of subdivision 23-24.9-10(b) (2) shall satisfy collection programs and

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disposal requirements for mercury switches for all motor vehicles sold in the state.

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     (4) Effective January 1, 2017, manufacturers of mercury-containing lamps sold in Rhode

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Island shall, individually or collectively, establish and implement a statewide collection program,

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approved by the corporation in collaboration with the department, for the recycling of mercury-

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containing lamps from covered entities.

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     (i) The recycling program required under this subsection must include:

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     (A) Convenient collection locations located throughout the state where mercury-

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containing lamps from covered entities can be dropped off without cost, including, but not limited

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to, municipal collection sites and participating retail establishments;

 

LC001949 - Page 7 of 12

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     (B) Handling and recycling equipment and practices in compliance with the universal

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waste rules;

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     (C) Effective education and outreach, including, but not limited to, point-of-purchase

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signs and other materials provided to retail establishments without costs.

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     (ii) A manufacturer required to implement a statewide collection program under this

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subsection shall submit its proposed recycling program for review and approval by the

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corporation in collaboration with the department. The corporation shall solicit public comment

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on the proposed program before approving or denying the program.

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     (iii) Beginning April 1, 2017, a manufacturer not in compliance with this section is

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prohibited from offering any mercury-containing lamp for final sale in the state or distributing

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any mercury-containing lamp in the state. A manufacturer not in compliance with this section

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shall provide support to retailers to ensure the manufacturer's mercury-containing lamps are not

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offered for sale, sold at final sale or distributed in the state.

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     (iv) Beginning April 1, 2017, a retailer may not offer for final sale a mercury-containing

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lamp produced by a manufacturer not in compliance with this section.

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     (v) Beginning in 2018, and biennially thereafter, the corporation shall report to the

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general assembly on any modifications to the manufacturer recycling programs it intends to make

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to improve mercury-containing lamp recycling rates and any recommendations for statutory

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changes needed to facilitate mercury-containing lamp collection and recycling.

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     (vi) Manufacturers of mercury-containing lamps sold in Rhode Island shall individually

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or collectively enter into an agreement with the corporation to reimburse for reasonable costs

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directly related to administering the program but not to exceed the cost of less than one full-time

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equivalent employee.

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     23-24.9-10.2. Mercury-containing thermostats. -- (a) Manufacturer responsibility. -

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Each thermostat manufacturer that has offered for final sale, sold at final sale, or has distributed

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mercury-containing thermostats in Rhode Island shall, individually or collectively:

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      (1) No later than November 1, 2010, submit a detailed description of a collection

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program for mercury thermostats that meets the requirements of this section to the department.

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The department shall have thirty (30) days from the date of submittal to review and provide

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comment on the program. The final program description shall be submitted to the department no

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later than December 31, 2010.

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      (2) On or after January 1, 2011, make collection containers available to all qualified

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contractors, thermostat wholesalers, thermostat retailers, and local government collections in this

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state that request a container. Each thermostat manufacturer shall with each container include

 

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information regarding the proper management of mercury containing thermostats as universal

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waste in accordance with the collection program and the department's rules.

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      (3) Establish a system to collect, transport, and properly manage out-of-service mercury

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thermostats from all collection sites established under this section.

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      (4) Not include any fees or other charges to persons participating in the program, except

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that each thermostat wholesaler, qualified contractor, local government collection, or thermostat

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retailer that is provided with one or more collection containers may be charged a one-time

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program administration fee not to exceed seventy-five dollars ($75.00) per collection container.

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      (5) From January 1, 2011, through December 31, 2014 conduct education and outreach

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efforts including, but not limited to: (i) Promoting the availability of collection containers to

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qualified contractors, wholesalers, thermostat retailers, and units of local government in this state:

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(ii) Educating contractors, homeowners and other interested persons on the importance of

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properly managing out-of-service mercury thermostats and opportunities for the collection of

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those thermostats and the availability of manufacturer supported program(s): (iii) Providing

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signage to participating collection locations that can be prominently displayed to promote the

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collection and recycling of out-of-service mercury thermostats to contractors and consumers; and

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(iv) Written materials or templates of materials for reproduction by participating wholesalers and

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thermostat retailers to be provided to customers at the time of purchase or delivery of a

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thermostat. These materials shall include, but not limited to, information on the importance of

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properly managing out-of-service mercury thermostats and opportunities for the collection of

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those thermostats.

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      (6) For calendar year 2011, collect at least two thousand (2000) mercury thermostats

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taken out-of-service in the state during the calendar year. For calendar year 2012, the goal shall

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be to collect at least two thousand two hundred fifty (2,250) mercury thermostats. For calendar

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year 2013 and 2014, the goal shall be to collect at least two thousand five hundred (2,500)

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mercury thermostats taken out-of-service in the state during each calendar year.

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      (7) Beginning in 2012, submit an annual report to the department by March 1, of each

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year that includes, at a minimum, all of the following:

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      (i) The number of mercury-containing thermostats collected and recycled by that

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manufacturer pursuant to this section during the previous calendar year;

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      (ii) The estimated total amount of mercury contained in the thermostat components

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collected by that manufacturer pursuant to this section in the previous calendar year;

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      (iii) An elevation of the effectiveness of the manufacturer's collection program;

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      (iv) An accounting of the administrative costs incurred in the course of administering the

 

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collection and recycling program; and

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      (v) A list of locations that participate as collection sites.

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      (b) Department responsibilities.

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      (1) Collection points. - The department shall maintain and post on their website a list of

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units of local government, thermostat retailers and any other locations that are collection points

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for mercury thermostats.

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      (2) Education outreach. - In conjunction with the educational and outreach programs

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implemented by manufacturers, the department shall conduct an education and outreach program

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directed toward wholesalers, retailers, contractors, and homeowners to promote the collection of

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out-of-service mercury-containing thermostats.

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      (3) Rate of collection. - For calendar year 2015 through 20202017 and every year

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thereafter that the program is in place, the collection goals shall be established by the department

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by regulation. The department shall establish collection goals no later than November 1,

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20142016. In developing collection goals, the department shall take into account, at a minimum:

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(i) The effectiveness of collection programs for out-of-service mercury thermostats in the state

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and other states; (ii) Collection requirements in other states; (iii) Any reports or studies on the

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number of out-of-service mercury thermostats that are available for collection in this state, other

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states, and nationally; and (iv) Department estimates of mercury-added thermostats that become

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waste annually based on Rhode Island data that is verified by a statistically valid sampling of

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Rhode Island residential properties and businesses; and (v) Other factors. Prior to establishing the

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collection goals, the department shall consult with stakeholder groups that include, at minimum,

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representatives of thermostat manufacturers, environmental groups, thermostat wholesalers,

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contractors, and thermostat retailers.

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      (4) Modifications to collection programs. - Modifications required by the department

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may include, but not be limited to, improvements to outreach and education conducted under the

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collection program, expansion of the number of collections sites established under the program,

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and modification of the roles of participants. Modifications that may include a five dollar ($5)

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incentive in the form of either cash or a coupon offered by the manufacturer to contractors and

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consumers for each out-of-service mercury thermostat returned to a collection site may not be

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considered prior to January 1, 2014. In the event that the department determines that a program

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shall be modified, the department shall consult with thermostat manufacturers, thermostat

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wholesalers, thermostat retailers, service contractors, environmental groups and municipalities to

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develop the revisions to the program. If the program is modified to include a financial incentive,

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the department may exempt local government collections from the financial incentive provision.

 

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Any modifications made to the collection program shall be subject to the provisions of chapter

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42-35, ("The Administrative Procedures Act").

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     23-24.9-15. State procurement preferences for low or nonmercury-added products. -

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- (a) Notwithstanding other policies and guidelines for the procurement of equipment, supplies,

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and other products, the Rhode Island department of administration shall by January 1, 2003,

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revise its policies, rules and procedures to implement the purposes of this chapter.

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      (b) The Rhode Island department of administration shall give priority and preference to

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the purchase of equipment, supplies, and other products that do not contain mercury-added

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compounds or components, unless there is no economically feasible nonmercury-added

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alternative that performs a similar function. In circumstances where a nonmercury-added product

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is not available, preference shall be given to the purchase of products that contain the least

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amount of mercury-added to the product necessary for the required performance.

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      (c) State dental insurance contracts negotiated after January 1, 2003, shall provide

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coverage for non-mercury fillings at no additional expense to the state employee.

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     (d) Mercury-containing lamp purchasing. When making purchasing decisions on

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mercury-containing lamps, the Rhode Island department of administration shall request

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information on mercury content, energy use, lumen output and lamp life from potential suppliers

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and shall issue specifications and make purchasing decisions that favor models at comparable

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cost with high energy efficiency, lower mercury content and longer lamp life. Information

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obtained on mercury content, energy use and lamp life must be made available by the Rhode

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Island department of administration to other purchasers who purchase a large number of mercury-

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containing lamps. This information must also be posted on the state's publicly accessible website.

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     (e) Extra consideration shall be given to those vendors who provide substitute

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information on non-mercury lamps like light-emitting diode (LED) that have the same price,

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specifications lumen output and lamp life of what is being sought in the bid abstract.

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     23-24.9-20. Regulations. -- The department shall promulgate rules and regulations as

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may be necessary to implement and carry out the provisions of this chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC001949

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - MERCURY REDUCTION AND EDUCATION

ACT

***

1

     This act would require manufacturers of mercury-containing lamps to establish and

2

implement a statewide collection for the recycling of mercury-containing lamps.

3

     This act would take effect upon passage.

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LC001949

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LC001949 - Page 12 of 12