Chapter 131
2010 -- H 7199 SUBSTITUTE A
Enacted 06/25/10
A N A C T
RELATING TO
HEALTH AND SAFETY - MERCURY REDUCTION AND EDUCATION ACT
Introduced By: Representatives Malik, McNamara, Gablinske, and Walsh
Date Introduced: January 26, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 23-24.9-2, 23-24.9-3, 23-24.9-6,
23-24.9-9 and 23-24.9-10 of the
General Laws in Chapter
23-24.9 entitled "Mercury Reduction and Education Act" are hereby
amended to read as follows:
23-24.9-2.
Findings. -- The general assembly has found and
hereby declares that:
(1) Mercury is a
persistent and toxic pollutant that bioaccumulates in
the environment;
(2) Mercury deposition
has proven to be a significant problem in the northeastern United
States;
(3) Consumption of
mercury-contaminated freshwater fish poses a significant public
health threat to the residents of
(4) In order to address
these real threats to public health and the environment, the state
has been and should continue to actively cooperate with
other states in the region to help
minimize harm resulting from mercury in food, soil, air and
water; and
(5) According to a
2004 study by the
"International mercury market study and the role
and impact of U.S. environmental policy," more
than ten percent (10%) of the estimated mercury reservoir
in the
(6) In 1998, thermostat
manufacturers, General Electric, Honeywell, and White Rodgers
established the thermostat recycling corporation ("TRC"),
a non-profit corporation to facilitate
recycling of mercury thermostats nationwide. The TRC originally
operated solely through
wholesalers but has since expanded to enable collection by
contractors, household hazardous
waste facilities, and retailers. The TRC is a voluntary
program in all states, but several states
require wholesalers to act as collection points for waste mercury
thermostats. Participation in the
TRC is likely the simplest, least-cost means of
complying.
(7) The manufacturers
of mercury-containing thermostats, with the cooperation of the
department, should be encouraged to submit a single unified plan
for the collection of mercury-
containing thermostats, the cost of which should be
appropriately apportioned between
participating manufacturer; and
(5) (8) The intent of this chapter is to achieve significant
reductions in environmental
mercury by encouraging the establishment of effective waste
reduction, recycling, management
and education programs.
23-24.9-3.
Definitions. -- For the purpose of this chapter:
(1)
"Component" means a mercury-added product which is incorporated into
another
product to form a fabricated mercury-added product,
including, but not limited to, electrical
switches and lamps.
(2)
"Department" means the department of environmental management.
(3)
"Director" means the director of the department of environmental
management or any
subordinate or subordinates to whom the director has delegated
the powers and duties vested in
him or her by this chapter.
(4) "Fabricated
mercury-added product" means a product that consists of a combination
of individual components that combine to make a single
unit, including, but not limited to,
mercury-added measuring devices, lamps and switches to which
mercury or a mercury compound
is intentionally added in order to provide a specific
characteristic, appearance, or quality, or to
perform a specific function or for any other reason.
(5) "Formulated
mercury-added product" means a product that includes, but is not
limited to, laboratory chemicals, cleaning products,
cosmetics, pharmaceuticals and coating
materials that are sold as a consistent mixture of chemicals to
which mercury or a mercury
compound is intentionally added in order to provide a specific
characteristic, appearance, or
quality, or to perform a specific function or for any other
reason.
(6) "Healthcare
facility" means any hospital, nursing home, extended care facility, long-
term care facility, clinical or medical laboratory, state
or private health or mental institution,
clinic, physician's office or health maintenance organization.
(7)
"Manufacturer" means any person, firm, association, partnership,
corporation,
governmental entity, organization, combination or joint venture
that produces a mercury-added
product or an importer or domestic distributor of a
mercury-added product produced in a foreign
country. In the case of a multi-component mercury-added
product, the manufacturer is the last
manufacturer to produce or assemble the product. If the
multi-component product is produced in
a foreign country, the manufacturer is the importer or
domestic distributor. In the case of
mercury-containing thermostats, the manufacturer is the original
equipment manufacturer who
sells or sold a mercury-containing thermostat under a brand
or label it owns, or is or was licensed
to use a mercury-containing thermostat produced by other
suppliers.
(8) "Mercury-added
button cell battery" means a button cell battery to which the
manufacturer intentionally introduces mercury for the operation of
the battery.
(9) "Mercury-added
novelty" means a mercury-added product intended mainly for
personal or household enjoyment or adornment. Mercury-added
novelties include, but are not
limited to, items intended for use as figurines, adornments,
toys, games, cards, ornaments, yard
statues and figures, candles, jewelry, holiday decorations,
items of apparel (including footwear),
or similar products.
(10)
"Mercury-added product" means a product, commodity, chemical or a
product with
a component that contains mercury or a mercury compound
intentionally added to the product,
commodity, chemical or component in order to provide a specific
characteristic, appearance, or
quality, or to perform a specific function or for any other
reason. These products include
formulated mercury-added products and fabricated mercury-added
products.
(11) "Mercury
fever thermometer" means a mercury-added product that is used for
measuring body temperature.
(12)
"Mercury-containing thermostat" means a product or device that uses a mercury
switch to sense and control room temperature through
communication with heating, ventilating,
or air-conditions equipment. "Mercury-containing
thermostat" includes thermostats used to sense
and control room temperature in residential, commercial,
industrial, and other buildings, but does
not include a thermostat used to sense and control
temperature as part of a manufacturing process.
(13)
"Person" means an individual, trust, firm, joint stock company, corporation
(including a government
corporation), partnership, association, the federal government or any
agency or subdivision thereof, a state, municipality,
commission, political subdivision of a state,
or any interstate body.
(14) "Thermostat
retailer" means a person who sells thermostats of any kind directly to
homeowners or other nonprofessionals through any selling or
distribution mechanism, including,
but not limited to, sales using the internet or
catalogues. A retailer may also be a wholesaler if it
meets the definition of wholesaler.
(15) "Thermostat
wholesaler" means a person that is engaged in the distribution and
wholesale sale of thermostats and other heating, ventilation,
and air-conditioning components to
contractors who install heating, ventilation, and
air-conditioning components.
(16) “Contractor”
means a person engaged in the business of installation, service, or
removal of heating, ventilation, and air-conditioning
components.
(17) “Qualified
contractor” means a person engaged in the business of installation,
service, or removal of heating, ventilation, and
air-conditioning components who employs seven
(7) or more service
technicians or installers or who is located in an area outside of an urban
area,
as defined by the
(18) “Local
government collections” means collections completed by household
hazardous waste facilities, solid waste management agencies,
environmental management
agencies, or the department of health.
23-24.9-6.
Restrictions on the sale of certain mercury-added products.
-- (a) No later
than January 1, 2003, no mercury-added novelty shall be
offered for final sale or use or
distributed for promotional purposes in
mercury-added novelties must notify retailers about the provisions
of this product ban and how to
dispose of the remaining inventory properly. The requirements
of this section shall apply to all
mercury-added novelties irrespective of whether or not the product
is exempt from the phase-out
requirements of section 23-24.9-11.
(b) No mercury fever
thermometer may be distributed, sold or offered for sale in this
state on or after January 1, 2002, except by prescription.
As used in this section, the term
"mercury fever
thermometer" includes any device containing mercury in which the mercury
is
used to measure the internal body temperature of a person.
This restriction shall not apply to
digital thermometers utilizing mercury-added button cell batteries.
The manufacturers of mercury
fever thermometers shall supply clear instructions on the
careful handling of the thermometer to
avoid breakage and proper cleanup should a breakage occur
with all mercury fever thermometers
sold through prescription. Mercury fever thermometers
manufacturers must also comply with
sections 23-24.9-5 and 23-24.9-7 -- 23-24.9-10.
(c) After January 1,
2003, no school in
primary or secondary classroom, bulk elemental or chemical
mercury, or mercury compounds.
Manufacturers that produce and sell such materials
must notify retailers about the provisions of
this ban and how to dispose of the remaining inventory
properly. Other mercury-added products
that are used by schools are not subject to this
prohibition.
(d) Button cell
batteries. - After June 30, 2011 a person may not sell or offer to sell or
distribute for promotional purposes a mercury-added cell battery
for consumer use or a product
for consumer use that contains a mercury-added button
cell battery.
(e) Commencing
February 1, 2011, the following sales prohibitions shall apply to
manufacturers, thermostat wholesalers, and thermostat retailers:
(1) A manufacturer
not in compliance with section 23-24.9-10.2, is prohibited from
offering any thermostat for final sale in the state, selling
any thermostat at final sale in the state or
distributing any thermostat in the state.
(2) A thermostat
wholesaler or contractor shall not offer for final sale, sell at final sale or
distribute any thermostat unless the wholesaler or contractor
acts as a collection site for
thermostats that contain mercury:
(i)
A wholesaler or contractor may meet the requirements of this subsection by
participating as a collection site in a manufacturer’s collection
program as described under
section 23-24.9-10.2, or by collecting thermostats that
contain mercury and managing the
collected thermostats in accordance with applicable federal and
state universal waste rules.
(ii) A wholesaler or
retailer acting as a collection site shall provide visible signage at the
site about the collection and recycling of mercury
thermostats.
(3) A thermostat
wholesaler or thermostat retailer shall not offer for final sale, sell at a
final sale, or distribute in this state any thermostat of a
manufacturer that is not in compliance
with section 23-24.9-10.2.
23-24.9-9.
Disposal ban. -- (a) Except
as otherwise provided for in this chapter, after
July 1, 2006, no person shall dispose of mercury-added
products in a manner other than by
recycling or disposal as hazardous waste. Mercury from
mercury-added products may not be
discharged to water, wastewater treatment, and wastewater
disposal systems except when it is
done in compliance with local, state, and federal
applicable requirements.
(b) If a formulated
mercury-added product is a cosmetic or pharmaceutical product
subject to the regulatory requirements relating to mercury of
the federal Food and Drug
Administration, then the product is exempt from the
requirements of this section.
(c) This section shall
not apply to: (1) anyone who disposes of a mercury-added button
cell battery; or (2) mercury-added components as contained
in motor vehicles except as provided
in subdivision 23-24.9-10(b)(2) and in accordance with
such regulations as may be adopted by
the department in order to achieve the purposes of
subdivision 23-24.9-10(b)(2); and (3)
households disposing of lamps and products containing lamps.
(d) The restrictions on
the disposal of mercury-added components in motor vehicles shall
be as set forth in subsection (a) of this section
effective January 1, 2006, and shall be
implemented as provided for in subdivision (c)(2) of this section
and subdivision 23-24.9-
10(b)(2).
(e) The restrictions on
amalgam waste recycling and disposal shall be implemented as
provided for in section 23-24.9-9.3.
(f) Any contractor
who replaces a mercury-containing thermostat from a building shall
recycle the thermostat using its own collection container
provided by thermostat manufacturers,
or deliver the mercury-containing thermostat to an
appropriate wholesaler, retailer or local
government collection for recycling.
(g)
Any contractor who demolishes a building shall remove any mercury-containing
thermostats from the building prior to demolition and shall
deliver the mercury-containing
thermostats to an appropriate wholesaler, retailer or collection
location for recycling.
(h)
Any person who replaces a mercury-containing thermostat from any location in
the
state that is participating in an energy efficiency and/or
weatherization program supported or
administered in whole or in part by any department, agency,
instrumentality, or political
subdivision of the state or conducted as a result of any
statutory requirement, including but not
limited to, demand-side management pursuant to section
39-2-1.2, or least-cost procurement
pursuant to section 39-1-27.7, shall deliver the mercury-containing
thermostats to an appropriate
wholesaler, retailer or
collection location for recycling.
23-24.9-10.
Collection of mercury-added products. -- (a) After
January 1, 2006, no
mercury-added product shall be offered for final sale or use or distribution
for promotional
purposes in
persons, has implemented a system, after review and approval
of the director, for the convenient
and accessible collection of such products when the
consumer is finished with them. Where a
mercury-added product is a component of another product, the
collection system must provide for
removal and collection of the mercury-added component or
collection of both the mercury-added
component and the product containing it. Mercury-added
components in motor vehicles shall be
collected and recycled as provided for in subdivision (b)(2) of
this section. Mercury-containing
thermostats shall be collected and recycled as provided for in
section 23-24.9-10.2.
(b) (1) This section shall not apply to the collection of
mercury-added button cell
batteries or mercury-added lamps or products where the only
mercury contained in the product
comes from a mercury-added button cell battery or a mercury-added
lamp; and
(2) Mercury-added
components in motor vehicles at end-of-life shall be collected and
recycled as provided in this subsection. Significant, willful
failure to comply with rules and/or
regulations to implement the provisions of this section shall
constitute, as may be determined by
the department, a violation of the ban established in
section 23-24.9-9. No scrap recycling facility
or other person that receives a flattened, crushed or
baled end-of-life vehicle shall be deemed to
be in violation of subdivision 23-24.9-10(b)(2) and
rules and regulations pursuant thereto or
section 23-24.9-9 if a mercury switch is found in the vehicle
after its acquisition.
For the purposes of
subdivision 23-24.9-10(b)(2) the following terms shall
have the
following meanings: (i) "Capture
rate" means the annual removal, collection, and recovery of
mercury switches, as a percentage of the total number of
mercury switches available for removal
from end-of-life vehicles as determined by the department
of environmental management.
Capture rate shall not include mercury switches that
are inaccessible due to significant damage to
the motor vehicle in the area where the mercury switch is
located; (ii) "Mercury added
component" or "Mercury switch" means a
mercury-added convenience light switch assembly or
capsule from an end-of-life motor vehicle; (iii) "Scrap
recycling facility" means a fixed location
where machinery and equipment are utilized for processing
and manufacturing scrap metal into
prepared grades and whose principal product is scrap iron,
scrap steal, or nonferrous metallic
scrap for sale for remelting
purposes; and (iv) "Vehicle recycler" means and individual or entity
licensed under the provisions of section 42-14.2-3 that engages
in the business of acquiring,
dismantling, parts recycling from, or destroying six (6) or more
end-of-life vehicles in a calendar
year.
(A) Manufacturers of
motor vehicles sold in
shall, individually or collectively, establish and
implement a collection program for mercury
switches to achieve a capture rate of not less than fifty
percent (50%) for calendar year 2006, and
not less than seventy percent (70%) for calendar year
2007 and each calendar year thereafter
through calendar year 2017.
(B) The department
shall develop, issue, administer and enforce regulation compelling
the manufacturers of motor vehicles sold in
undertake a collection program as set forth in this
subparagraph, 23-24.9-10(b)(2)(B). The
department shall determine that the capture rate in each year of
the program and shall access
whether any failure to achieve the capture rate was the
result of a force-majeure. The department
shall report publicly on or before March 31, each year its
findings with regard to the capture rate
during the prior year. The manufacturer or manufacturers
shall pay the total cost of the removal,
replacement, collection and recovery system for mercury switches,
under this subparagraph, 23-
24.9-10(b)(2)(B), to the
vehicle recycler or scrap recycling facility that removed the switch. The
total cost shall include, but not be limited to a minimum
of five dollars ($5.00) for each mercury
switch removed by a vehicle recycler or by a scrap recycling
facility, as partial compensation for
the labor and other costs incurred in the removal of the
mercury switch.
(3) The provisions of
subdivision 23-24.9-10(b)(2) shall satisfy collection
programs and
disposal requirements for mercury switches for all motor
vehicles sold in the state.
SECTION 2. Chapter 23-24.9 of the General Laws entitled
"Mercury Reduction and
Education Act" is
hereby amended by adding thereto the following sections:
23-24.9-10.2.
Mercury-containing thermostats. – (a) Manufacturer responsibility.
Each
thermostat manufacturer that has offered for final sale, sold at
final sale, or has distributed
mercury-containing thermostats in
(1) No later than
November 1, 2010, submit a detailed description of a collection program
for mercury thermostats that meets the requirements of
this section to the department. The
department shall have thirty (30) days from the date of
submittal to review and provide comment
on the program. The final program description shall be
submitted to the department no later than
December 31, 2010.
(2) On or after
January 1, 2011, make collection containers available to all qualified
contractors, thermostat wholesalers, thermostat retailers, and
local government collections in this
state that request a container. Each thermostat
manufacturer shall with each container include
information regarding the proper management of mercury containing
thermostats as universal
waste in accordance with the collection program and the
department’s rules.
(3) Establish a
system to collect, transport, and properly manage out-of-service mercury
thermostats from all collection sites established under this
section.
(4) Not include any
fees or other charges to persons participating in the program, except
that each thermostat wholesaler, qualified contractor,
local government collection, or thermostat
retailer that is provided with one or more collection
containers may be charged a one-time
program administration fee not to exceed seventy-five dollars
($75.00) per collection container.
(5) From January 1,
2011, through December 31, 2014 conduct education and outreach
efforts including, but not limited to: (i)
Promoting the availability of collection containers to
qualified contractors, wholesalers, thermostat retailers, and
units of local government in this state:
(ii) Educating contractors, homeowners and other
interested persons on the importance of
properly managing out-of-service mercury thermostats and
opportunities for the collection of
those thermostats and the availability of manufacturer
supported program(s): (iii) Providing
signage to participating collection locations that can be
prominently displayed to promote the
collection and recycling of out-of-service mercury thermostats
to contractors and consumers; and
(iv) Written materials or templates of materials for reproduction
by participating wholesalers and
thermostat retailers to be provided to customers at the time of
purchase or delivery of a
thermostat. These materials shall include, but not limited to,
information on the importance of
properly managing out-of-service mercury thermostats and
opportunities for the collection of
those thermostats.
(6) For calendar year
2011, collect at least two thousand (2000) mercury thermostats
taken out-of-service in the state during the calendar year.
For calendar year 2012, the goal shall
be to collect at least two thousand two hundred fifty
(2,250) mercury thermostats. For calendar
year 2013 and 2014, the goal shall be to collect at least
two thousand five hundred (2,500)
mercury thermostats taken out-of-service in the state during
each calendar year.
(7) Beginning in
2012, submit an annual report to the department by March 1, of each
year that includes, at a minimum, all of the following:
(i)
The number of mercury-containing thermostats collected and recycled by that
manufacturer pursuant to this section during the previous calendar
year;
(ii) The estimated
total amount of mercury contained in the thermostat components
collected by that manufacturer pursuant to this section in the
previous calendar year;
(iii) An elevation of
the effectiveness of the manufacturer’s collection program;
(iv)
An accounting of the administrative costs incurred in the course
of administering the
collection and recycling program; and
(v) A list of
locations that participate as collection sites.
(b) Department
responsibilities.
(1) Collection
points. The department shall maintain and post on their website a list of
units of local government, thermostat retailers and any
other locations that are collection points
for mercury thermostats.
(2) Education
outreach. In conjunction with the educational and outreach programs
implemented by manufacturers, the department shall conduct an
education and outreach program
directed toward wholesalers, retailers , contractors, and
homeowners to promote the collection of
out-of-service mercury-containing thermostats.
(3) Rate of
collection. For calendar year 2015 through 2020, the collection goals shall be
established by the department. The department shall establish
collection goals no later than
November 1, 2014. In developing collection goals, the
department shall take into account, at a
minimum: (i) The effectiveness of
collection programs for out-of-service mercury thermostats in
the state and other states; (ii) Collection requirements
in other states; (iii) Any reports or studies
on the number of out-of-service mercury thermostats that
are available for collection in this state,
other states, and nationally; and (iv) Other factors. Prior
to establishing the collection goals, the
department shall consult with stakeholder groups that include,
at minimum, representatives of
thermostat manufacturers, environmental groups, thermostat
wholesalers, contractors, and
thermostat retailers.
(4) Modifications to
collection programs. Modifications required by the department may
include, but not be limited to, improvements to outreach and
education conducted under the
collection program, expansion of the number of collections sites
established under the program,
and modification of the roles of participants.
Modifications that may include a five dollar ($5)
incentive in the form of either cash or a coupon offered by the
manufacturer to contractors and
consumers for each out-of-service mercury thermostat returned
to a collection site may not be
considered prior to January 1, 2014. In the event that the
department determines that a program
shall be modified, the department shall consult with
thermostat manufacturers, thermostat
wholesalers, thermostat retailers, service contractors,
environmental groups and municipalities to
develop the revisions to the program. If the program is
modified to include a financial incentive,
the department may exempt local government collections
from the financial incentive provision.
Any modifications made to the collection program shall
be subject to the provisions of chapter
42-35, (“The Administrative Procedures Act”).
23-24.9-10.3.
Sunset provisions. – The department shall
review the provisions of section
23-24.9-10.2 no later than September 1, 2019 to
determine if the provisions of said section shall
sunset and the appropriate date for such action or if the
approved rates of collection should be
revised. The department shall make such a determination based
on the best available data
pertaining to the remaining number of out-of-service
mercury-containing thermostats and the
collection rates achieved under the provisions. The department
shall report to the general
assembly no later than January 1, 2020 as to the determination
made by the department. If the
department determines that the provisions of section
23-24.9-10.2 shall continue then the
department shall subsequently review the provisions of said
section no later than September 1,
2022 and every two (2) years thereafter until such
provisions are no longer required and the
department shall report such findings to the general assembly
for purposes of repealing the
section.
SECTION 3. This act shall take effect upon passage, and
would sunset under certain
circumstances.
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LC00596/SUB A/2
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