BILL REQ. #:  H-2511.1 

READ FIRST TIME 03/02/09.   

     AN ACT Relating to mercury reduction; 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 a new section; repealing RCW 70.95M.090; and providing an expiration date.

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

Sec. 1   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 those products listed in the interstate mercury education and reduction clearinghouse (IMERC) mercury-added products database, but are not limited to, mercury thermometers, mercury thermostats, mercury barometers, lamps, 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. The term "switch" includes all components of the unit necessary to perform its flow control function. "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. "Utility switch" includes, but is not limited to, all devices that open or close an electrical circuit, or a liquid or gas valve. "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 other electrical circuit.
     (14) "Wholesaler" means a wholesaler of a mercury-added product.

Sec. 2   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 lamps.)) (a) Effective July 1, 2011, all state-funded public agency facilities, except public schools serving children in grades K-12, must recycle their end-of-life mercury-added general purpose lights. An exception process may be established by the department to accommodate small local governments.
     (b) Effective January 1, 2011, all commercial, industrial, and retail facilities and office buildings must recycle their end-of-life mercury-added general purpose lights.

Sec. 3   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, 2011, the sale or purchase and delivery of bulk mercury is prohibited, including sales through the internet or sales by private parties. However, the prohibition in this subsection does not apply to immediate dangerous waste recycling facilities or treatment, storage, and disposal facilities as approved by the department and 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.

Sec. 4   RCW 70.95M.080 and 2003 c 260 s 9 are each amended to read as follows:
     (1) The department shall, to the extent practicable, make every effort to educate all persons regarding the requirements of this chapter, in preparation for its full implementation. 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 penalties under this chapter.

NEW SECTION.  Sec. 5   A new section is added to chapter 70.95M RCW to read as follows:
     (1) The department shall participate in national and global mercury forums to advocate reduction of global emissions and permanent isolation of elemental mercury.
     (2) By July 1, 2010, the department, in consultation with the United States environmental protection agency, shall study the feasibility of the development of a national repository for mercury. The department shall develop recommendations and provide its findings to the appropriate committees of the legislature by December 1, 2010.

NEW SECTION.  Sec. 6   (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 light recycling program for residents, small businesses, small government agencies, charities, and schools throughout the state. The department of ecology and the solid waste advisory committee shall consult with stakeholders including persons who represent retailers of mercury-added general purpose lights, waste haulers, mercury-added general purpose light recyclers, mercury-added general purpose light 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 lights.
     (2) The department of ecology shall assess ways for a convenient and effective statewide recycling program for mercury-added general purpose lights 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 light manufacturers;
     (c) Different methods of financing the recycling programs for mercury-added general purpose lights;
     (d) Methods to encourage the return of mercury-added general purpose lights for recycling;
     (e) The impact of the approach on local governments, nonprofit organizations, waste haulers, and other stakeholders;
     (f) Information obtained from existing mercury-added general purpose light recycling programs, particularly those programs that exist in counties that prohibit the disposal of mercury-added general purpose lights in solid waste facilities, and information obtained from existing infrastructure for recycling of mercury-added general purpose lights; and
     (g) Environmentally sound options for managing the mercury.
     (3)(a) The department of ecology shall consider alternatives that utilize the infrastructure and system established in chapter 81.77 RCW when developing collection systems for general purpose mercury-added lights.
     (b) Nothing in this act changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste in the state of Washington, including curbside collection or residential recyclable materials, nor does this act change or limit the authority of a city or town to provide such service itself or by contract under RCW 81.77.020.
     (4) The department of ecology shall also develop a description of what could be accomplished voluntarily and what would require the adoption of rules or legislation if needed to implement the recommended statewide recycling program for mercury-added general purpose lights.
     (5) The department of ecology shall report its findings and recommendations for implementing and financing a recycling program for mercury-added general purpose lights to the appropriate committees of the legislature by December 1, 2009.
     (6) This section expires September 1, 2010.

NEW SECTION.  Sec. 7   RCW 70.95M.090 (Crematories -- Nonapplicability of chapter) and 2003 c 260 s 10 are each repealed.