BILL REQ. #:  H-5251.5 

READ FIRST TIME 02/06/08.   

     AN ACT Relating to managing the use and disposal of mercury-added products; amending RCW 70.95M.010, 70.95M.020, 70.95M.050, and 70.95M.080; adding a new section to chapter 70.95M RCW; creating new sections; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds and declares the following:
     (1) Mercury is a persistent, bioaccumulative toxin that can damage the central nervous and cardiovascular systems in humans;
     (2) Mercury-added products, when broken or improperly disposed of, can release mercury into the environment;
     (3) Mercury-added lamps in particular have been identified as a major source of mercury, which can be released during improper disposal;
     (4) While the harmful effects of mercury have been identified, the state has not taken steps to prevent mercury-added products, including mercury-added lamps, from being disposed of in landfills;
     (5) Many Washington counties, however, have recognized the harmful effects of disposal of mercury-added lamps in waste facilities and have put lamp disposal bans in place;
     (6) The rate of recycling of mercury-added lamps has been low in recent years, only about twenty percent of all fluorescent lamps are recycled each year in Washington state, while the remaining eighty percent continue to be disposed of in solid waste facilities;
     (7) Mounting concerns about climate change are compelling some individuals and businesses to switch from traditional incandescent lighting sources to more efficient lighting sources, such as compact fluorescent lamps, which contain mercury; and
     (8) As more individuals and businesses move towards using fluorescent lamps, the need to develop comprehensive new policies to prevent fluorescent lamps from being disposed of in solid waste facilities and to instead encourage the recycling of such products becomes more pressing.
     Therefore, in order to continue to take steps to reduce the release of mercury, and to encourage the safe disposal of fluorescent lamps in the state, the legislature finds that the state should take action to prevent mercury-added products from being disposed of in solid waste facilities and to encourage widespread recycling of fluorescent lamps statewide.

Sec. 2   RCW 70.95M.010 and 2003 c 260 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) (("Automotive mercury switch" includes a convenience switch, such as a switch for a trunk or hood light, and a mercury switch in antilock brake systems)) "Bulk mercury" includes any elemental, nonamalgamated mercury, regardless of volume quantity or weight.
     (2) "Department" means the department of ecology.
     (3) "Director" means the director of the department of ecology.
     (4) "Health care facility" includes a 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.
     (5) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, 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 multicomponent product containing mercury, the manufacturer is the last manufacturer to produce or assemble the product. If the multicomponent product or mercury-added product is produced in a foreign country, the manufacturer is the first importer or domestic distributor.
     (6) "Mercury-added button-cell battery" means a button-cell battery to which the manufacturer intentionally introduces mercury for the operation of the battery.
     (7) "Mercury-added general purpose lights" means mercury-added lamps, bulbs, tubes, or other devices that provide functional illumination in homes, offices, and outdoors.
     (8) "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 practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel, and other similar products. Mercury-added novelty does not include games, toys, or products that require a button-cell or lithium battery, liquid crystal display screens, or a lamp that contains mercury.
     (((8))) (9) "Mercury-added product" means a product, commodity, or chemical, or a product with a component that contains mercury or a mercury compound intentionally added to the product, commodity, or chemical in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. Mercury-added products include, but are not limited to, those products listed in the interstate mercury education and reduction clearinghouse mercury-added products database, mercury thermometers, mercury thermostats, button-cell batteries, mercury barometers, and mercury switches ((in motor vehicles)) or relays.
     (((9))) (10) "Mercury manometer" means a mercury-added product that is used for measuring blood pressure.
     (((10))) (11) "Mercury thermometer" means a mercury-added product that is used for measuring temperature.
     (((11))) (12) "Retailer" means a retailer of a mercury-added product.
     (13) "Switch" means any device, which may be referred to as a switch, sensor, valve, probe, control, transponder, or any other apparatus, that directly regulates or controls the flow of electricity, gas, or other compounds, such as relays or transponders. "Switch" includes all components of the unit necessary to perform its flow control function. The term "automotive mercury switch" includes a convenience switch, such as a switch for a trunk or hood light, and a mercury switch in antilock brake systems. The term "utility switch" includes, but is not limited to, all devices that open or close an electrical circuit or a liquid or gas valve. The term "utility relay" includes, but is not limited to, all products or devices that open or close electrical contacts to control the operation of other devices in the same or another electrical circuit.
     (14) "Wholesaler" means a wholesaler of a mercury-added product.

Sec. 3   RCW 70.95M.020 and 2003 c 260 s 3 are each amended to read as follows:
     (1) Effective January 1, 2004, a manufacturer, wholesaler, or retailer may not knowingly sell at retail a fluorescent lamp if the fluorescent lamp contains mercury and was manufactured after November 30, 2003, unless the fluorescent lamp is labeled in accordance with the guidelines listed under subsection (2) of this section. Primary responsibility for affixing labels required under this section is on the manufacturer, and not on the wholesaler or retailer.
     (2) Except as provided in subsection (3) of this section, a lamp is considered labeled pursuant to subsection (1) of this section if the lamp has all of the following:
     (a) A label affixed to the lamp that displays the internationally recognized symbol for the element mercury; and
     (b) A label on the lamp's packaging that: (i) Clearly informs the purchaser that mercury is present in the item; (ii) explains that the fluorescent lamp should be disposed of according to applicable federal, state, and local laws; and (iii) provides a toll-free telephone number, and a uniform resource locator internet address to a web site, that contains information on applicable disposal laws.
     (3) The manufacturer of a mercury-added lamp is in compliance with the requirements of this section if the manufacturer is in compliance with the labeling requirements of another state.
     (4) ((The provisions of this section do not apply to products containing mercury-added)) (a) Effective July 1, 2010, all state-funded public agency facilities, including but not limited to educational institutions, must recycle their fluorescent lamps. An exemption process may be established by the department to accommodate small local governments and educational institutions serving populations less than five thousand people.
     (b) Effective January 1, 2011, all commercial, industrial, and retail facilities and office buildings must recycle their fluorescent lamps.

Sec. 4   RCW 70.95M.050 and 2003 c 260 s 6 are each amended to read as follows:
     (1) Effective January 1, 2006, no person may sell, offer for sale, or distribute for sale or use in this state a mercury-added novelty. A manufacturer of mercury-added novelties must notify all retailers that sell the product about the provisions of this section and how to properly dispose of any remaining mercury-added novelty inventory.
     (2)(a) Effective January 1, 2006, no person may sell, offer for sale, or distribute for sale or use in this state a manometer used to measure blood pressure or a thermometer that contains mercury. This subsection (2)(a) does not apply to:
     (i) An electronic thermometer with a button-cell battery containing mercury;
     (ii) A thermometer that contains mercury and that is used for food research and development or food processing, including meat, dairy products, and pet food processing;
     (iii) A thermometer that contains mercury and that is a component of an animal agriculture climate control system or industrial measurement system or for veterinary medicine until such a time as the system is replaced or a nonmercury component for the system or application is available;
     (iv) A thermometer or manometer that contains mercury that is used for calibration of other thermometers, manometers, apparatus, or equipment, unless a nonmercury calibration standard is approved for the application by the national institute of standards and technology;
     (v) A thermometer that is provided by prescription. A manufacturer of a mercury thermometer shall supply clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur; or
     (vi) A manometer or thermometer sold or distributed to a hospital, or a health care facility controlled by a hospital, if the hospital has adopted a plan for mercury reduction consistent with the goals of the mercury chemical action plan developed by the department under section 302, chapter 371, Laws of 2002.
     (b) A manufacturer of thermometers that contain mercury must notify all retailers that sell the product about the provisions of this section and how to properly dispose of any remaining thermometer inventory.
     (3) Effective January 1, 2006, no person may sell, install, or reinstall a commercial or residential thermostat that contains mercury unless the manufacturer of the thermostat conducts or participates in a thermostat recovery or recycling program designed to assist contractors in the proper disposal of thermostats that contain mercury in accordance with 42 U.S.C. Sec. 6901, et seq., the federal resource conservation and recovery act.
     (4) No person may sell, offer for sale, or distribute for sale or use in this state a motor vehicle manufactured after January 1, 2006, if the motor vehicle contains an automotive mercury switch.
     (5) Nothing in this section restricts the ability of a manufacturer, importer, or domestic distributor from transporting products through the state, or storing products in the state for later distribution outside the state.
     (6) Effective June 30, 2009, the sale or purchase and delivery of bulk mercury is prohibited. However, the prohibition in this subsection does not apply to sales to research facilities or industrial facilities that provide products or services to entities exempted from this chapter. The facilities described in this subsection must submit an inventory of their purchase and use of bulk mercury to the department on an annual basis, as well as any mercury waste generated from such actions.

NEW SECTION.  Sec. 5   A new section is added to chapter 70.95M RCW to read as follows:
     (1) Effective January 1, 2012, a person may not dispose of mercury- added products in a manner other than by recycling or disposal as dangerous waste or universal waste as determined appropriate by the department by rule, or in accordance with recommendations made in section 7(4) of this act, or with a memorandum of understanding executed with the department. This section does not apply to entities or individuals who are in the business of collecting, transporting, or disposing of solid waste.
     (2) Effective January 1, 2012, a person may not discharge mercury into water, wastewater treatment, or wastewater disposal systems. This subsection applies, but is not limited to, reagents, medications, amalgam, and other mixtures that contain mercury. Dental offices that are in compliance with the department of ecology's mercury action plan regarding the discharge of wastewater from dental offices are exempt from this section.
     (3) Owners and operators of solid waste management facilities are required to implement the following:
     (a) Posting signs at the facility providing notice of the prohibition of the disposal and incineration of mercury-added products; and
     (b) Written notification to or contractual agreements with the facility's customers on a frequency, determined by the department, providing notice of the prohibition on the disposal and incineration of mercury-added products.
     (4) 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, or a device regulated by the federal food and drug administration, then the product is exempt from the requirements of this section.

Sec. 6   RCW 70.95M.080 and 2003 c 260 s 9 are each amended to read as follows:
     (1) In preparation for the full implementation of this chapter, the department shall make every effort to educate all persons regarding the requirements of this chapter, especially the necessity to reduce use of mercury and properly recycle mercury products. A violation of this chapter is punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first violation. Repeat violators are liable for a civil penalty not to exceed five thousand dollars for each repeat violation. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.105D.070.
     (2) Households are exempt from the penalties under this section.

NEW SECTION.  Sec. 7   (1) The department of ecology, in consultation with the solid waste advisory committee created under RCW 70.95.040, shall conduct research and develop recommendations for the implementation and financing of a convenient and effective mercury-added general purpose lighting recycling program for residents, small businesses, small government agencies, charities, and schools throughout the state. The department and the solid waste advisory committee shall consult with stakeholders including persons who represent retailers of mercury-added general purpose lighting, waste haulers, mercury-added general purpose lighting recyclers, mercury-added general purpose lighting manufacturers, cities, counties, environmental organizations, public interest organizations, and other interested parties that have a role or interest in the recycling of mercury-added general purpose lighting.
     (2) The department of ecology shall assess ways for a convenient and effective statewide recycling program for mercury-added general purpose lighting to be established and financed. Factors to be considered include:
     (a) Urban versus rural recycling challenges and issues;
     (b) The involvement of mercury-added general purpose lighting manufacturers;
     (c) Different methods of financing the recycling programs for mercury-added general purpose lighting;
     (d) Methods to encourage the return of mercury-added general purpose lighting for recycling;
     (e) The impact of the approach on local governments, nonprofit organizations, waste haulers, and other stakeholders;
     (f) Information obtained from existing mercury-adding general purpose lighting recycling programs, particularly those programs that exist in counties that prohibit the disposal of mercury-adding general purpose lighting in solid waste facilities, and information obtained from existing infrastructure for recycling of mercury-added general purpose lighting; and
     (g) Environmentally sound options for managing the mercury.
     (3) The department of ecology shall also develop a description of what could be accomplished voluntarily and what would require regulation or legislation if needed to implement the recommended statewide recycling program for mercury-added general purpose lighting.
     (4) The department of ecology shall report its findings and recommendations for implementing and financing a recycling program for mercury-added general purpose lighting to the appropriate committees of the legislature by December 1, 2008.
     (5) This section expires September 1, 2009.

NEW SECTION.  Sec. 8   By July 1, 2009, the department of ecology, in consultation with the United States environmental protection agency, shall study the feasibility of the development of a national repository for mercury. The department of ecology shall develop recommendations and provide its findings to the appropriate committees of the legislature by December 1, 2009.