Chapter 161
2016 -- H 8266 AS AMENDED
Enacted 06/27/2016

A N   A C T
RELATING TO HEALTH AND SAFETY - MERCURY REDUCTION AND EDUCATION ACT

Introduced By: Representatives Handy, O`Grady, Naughton, Amore, and Regunberg
Date Introduced: May 27, 2016

It is enacted by the General Assembly as follows:
     SECTION 1. Marketing campaign and assessment. (a) The Rhode Island resource
recovery corporation (the "corporation") and the department of environmental management (the
"department") shall engage in a joint marketing campaign that promotes and assesses the
effectiveness of a statewide voluntary collection of mercury-containing lamps for recycling, for
the time period prior to January 1, 2020. The department and the corporation may also partner
with other manufacturers of mercury-containing lamps on a voluntary basis in this campaign.
     (b) The marketing campaign shall promote the awareness of the mercury-containing lamp
recycling program. The focus of the campaign shall include, but not be limited to, the hazards of
mercury-containing lamps, the benefits of recycling mercury-containing lamps, and the locations
of sites where mercury-containing lamps may be deposited and collected for recycling. The
department, the corporation, and any of the manufacturer partners (collectively referred to herein
as the "promoters") may add goals as they deem appropriate.
     (c) The promoters shall establish set annual goals for the campaign and the recycling
program, including but not limited to:
     (1) The extent of market penetration and consumer knowledge of the campaign;
     (2) The percentage or other measure of participation by the people of the state in the
recycling campaign;
     (3) An estimate of the total number of mercury-containing lamps in the state at the start
of the campaign;
     (4) The percentages of mercury-containing lamps collected for recycling; and
     (5) The total amount of mercury-containing lamps remaining in the state for each year of
the campaign.
     (d) The promoters shall collect data on the goals established in subsections (c)(1)
through (c)(5) of this section and shall provide a report on the progress made towards such goals
to the general assembly on an annual basis, with the first report due on or before April 4, 2017.
These reports may also include recommendations for further action in support of the goals of
eliminating the presence of mercury-containing lamps in this state.
     (e) The promoters shall work together to assess, share, and implement technical support
on best practices to promote an efficient, safe, and cost-effective collection process.
     (f) As used herein, the term "mercury-containing lamp" means a general-purpose lamp to
which mercury is intentionally added during the manufacturing process. A "mercury-containing
lamp" does not mean a lamp used for medical, disinfection, treatment, or industrial purposes.
     (g) The general assembly shall review the data provided pursuant to this act no later than
January 1, 2020, to determine if the provisions of this act should continue, be modified, revised,
or repealed. If the general assembly determines that the provisions of this act should continue,
then the general assembly shall subsequently review the provisions of this act no later than
September 1, 2022, and every two (2) years thereafter, until such provisions are no longer
required.
     SECTION 2. Sections 23-24.9-2, 23-24.9-3, 23-24.9-9, 23-24.9-10, 23-24.9-15 and 23-
24.9-20 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 Rhode Island;
      (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;
      (5) According to a 2004 study by the U.S. environmental protection agency titled
"International mMercury mMarket sStudy and the rRole and IImpact of U.S. eEnvironmental
pPolicy," more than ten percent (10%) of the estimated mercury reservoir in the United States is
in thermostats;
      (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 manufacturers; and
      (8) The manufacturers of mercury-containing lamps, with the cooperation of the
corporation in collaboration with the department, should be encouraged to submit a single,
unified plan for the collection of mercury-containing lamps, the cost of which should be
appropriately apportioned between participating manufacturers; and
     (8)(9) 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.
     (3) "Corporation" means the Rhode Island resource recovery corporation created and
established pursuant to chapter 19 of title 23.
     (4) "Covered entity" means any person who presents to a collection facility that is
included in an approved plan:
     (i) Any number of compact fluorescent mercury-containing lamps; or
     (ii) Ten (10) or fewer mercury-containing lamps that are not compact fluorescent lamps
and are not from a large-use application.
     (2)(5) "Department" means the department of environmental management.
     (3)(6) "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)(7) "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)(8) "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)(9) "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)(11) "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.
     (12) In the case of mercury-containing lamps, the manufacturer is a person who:
     (i) Manufactures or manufactured a mercury-containing lamp under its own brand or
label for sale in the state;
     (ii) Sells in the state under its own brand or label a mercury-containing lamp produced by
another supplier;
     (iii) Owns a brand that it licenses, or licensed to another person for use on a mercury-
containing lamp sold in the state;
     (iv) Imports into the United States for sale in the state a mercury-containing lamp
manufactured by a person without a presence in the United States;
     (v) Manufactures a mercury-containing lamp for sale in the state without affixing a brand
name; or
     (vi) Assumes the responsibilities, obligation, and liabilities of a manufacturer as defined
under paragraphs (i) through (v) of this subsection.
     (16) "Mercury-containing lamp" means a general-purpose lamp to which mercury is
intentionally added during the manufacturing process. "Mercury-containing lamp" does not mean
a lamp used for medical, disinfection, treatment, or industrial purposes.
     (8)(13) "Mercury-added button cell battery" means a button cell battery to which the
manufacturer intentionally introduces mercury for the operation of the battery.
     (9)(14) "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)(15) "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)(18) "Mercury fever thermometer" means a mercury-added product that is used for
measuring body temperature.
     (12)(17) "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 conditioning 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)(19) "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)(21) "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)(22) "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)(2) "Contractor" means a person engaged in the business of installation, service, or
removal of heating, ventilation, and air-conditioning components.
     (17)(20) "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 United States bureau of the census.
      (18)(10) "Local government collections" means collections completed by household
hazardous-waste facilities, solid-waste management agencies, environmental management
agencies, or the department of health.
     23-24.9-9. 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 § 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 household hazardous waste drop-off event § 39-
2-1.2, or least-cost procurement pursuant to § 39-1-27.7, shall deliver the mercury-containing
thermostats to an appropriate wholesaler, retailer, or collection location for recycling.
     (i) After January 1, 2020, the ban will apply to disposal of mercury-containing lamps.
     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 Rhode Island unless the manufacturer, either on its own or in concert with other
persons, has implemented a system, after review and approval of the corporation in collaboration
with 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 § 23-24.9-10.2. Mercury-containing lamps from covered entities shall be
collected and recycled as provided for in subsection (b)(4).
      (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 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 § 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 § 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 steel, or nonferrous
metallic scrap for sale for remelting purposes; and (iv) "Vehicle recycler" means and individual
or entity licensed under the provisions of § 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 Rhode Island that contain mercury switches
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 Rhode Island that contain mercury switches to
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.
     (4) Effective January 1, 2020, manufacturers of mercury-containing lamps sold in Rhode
Island shall, individually or collectively, establish and implement a statewide collection program,
approved by the corporation in collaboration with the department, for the recycling of mercury-
containing lamps from covered entities.
     (i) The recycling program required under this subsection must include:
     (A) Convenient collection locations located throughout the state where mercury-
containing lamps from covered entities can be dropped off without cost, including, but not limited
to, municipal collection sites and participating retail establishments;
     (B) Handling and recycling equipment and practices in compliance with the universal
waste rules; and
     (C) Effective education and outreach, including, but not limited to, point-of-purchase
signs and other materials provided to retail establishments without costs.
     (ii) A manufacturer required to implement a statewide collection program under this
subsection shall submit its proposed recycling program for review and approval by the
corporation in collaboration with the department. The corporation shall solicit public comment on
the proposed program before approving or denying the program.
     (iii) Beginning January 1, 2020, a manufacturer not in compliance with this section is
prohibited from offering any mercury-containing lamp for final sale in the state or distributing
any mercury-containing lamp in the state. A manufacturer not in compliance with this section
shall provide support to retailers to ensure the manufacturer's mercury-containing lamps are not
offered for sale, sold at final sale, or distributed in the state.
     (iv) Beginning January 1, 2020, a retailer may not offer for final sale a mercury-
containing lamp produced by a manufacturer not in compliance with this section.
     (v) Beginning in 2020, and biennially thereafter, the corporation shall report to the
general assembly on any modifications to the manufacturer recycling programs it intends to make
to improve mercury-containing lamp recycling rates and any recommendations for statutory
changes needed to facilitate mercury-containing lamp collection and recycling.
     (vi) Manufacturers of mercury-containing lamps sold in Rhode Island shall individually
or collectively enter into an agreement with the corporation to reimburse for reasonable costs
directly related to administering the program but not to exceed the cost of one full-time
equivalent employee.
     23-24.9-15. State procurement preferences for low or nonmercury-added products. -
- (a) Notwithstanding other policies and guidelines for the procurement of equipment,
supplies, and other products, the Rhode Island department of administration shall by January 1,
2003, revise its policies, rules, and procedures to implement the purposes of this chapter.
     (b) The Rhode Island department of administration shall give priority and preference to
the purchase of equipment, supplies, and other products that do not contain mercury-added
compounds or components, unless there is no economically feasible nonmercury-added
alternative that performs a similar function. In circumstances where a nonmercury-added product
is not available, preference shall be given to the purchase of products that contain the least
amount of mercury-added to the product necessary for the required performance.
      (c) State dental insurance contracts negotiated after January 1, 2003, shall provide
coverage for non-mercury fillings at no additional expense to the state employee.
     (d) Mercury-containing lamp purchasing. When making purchasing decisions on
mercury-containing lamps, the Rhode Island department of administration shall request
information on mercury content, energy use, lumen output, and lamp life from potential suppliers
and shall issue specifications and make purchasing decisions that favor models at comparable
cost with high-energy efficiency, lower mercury content, and longer lamp life. Information
obtained on mercury content, energy use, and lamp life must be made available by the Rhode
Island department of administration to other purchasers who purchase a large number of mercury-
containing lamps. This information must also be posted on the state's publicly accessible website.
     (e) Extra consideration shall be given to those vendors who provide substitute
information on non-mercury lamps like light-emitting diode (LED) that have the same price,
specifications, lumen output, and lamp life of what is being sought in the bid abstract.
     23-24.9-20. Regulations. -- The department shall promulgate rules and regulations as
may be necessary to implement and carry out the provisions of this chapter.
     SECTION 3. Section 2 of this act shall take effect on January 1, 2020. All other sections
and provisions of this act shall take effect upon passage.
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LC006076
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