BILL REQ. #:  H-3003.2 

Read first time 01/10/12.   Referred to Committee on Environment.

     AN ACT Relating to reducing the introduction of lead into the aquatic environment; and amending RCW 70.95M.010, 70.95M.050, 70.95M.060, 70.95M.070, and 70.95M.090.

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

Sec. 1   RCW 70.95M.010 and 2010 c 130 s 18 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Bulk mercury" includes any elemental, nonamalgamated mercury, regardless of volume quantity or weight and does not include products containing mercury collected for recycling or disposal at a permitted disposal facility.
     (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 or prohibited lead product or an importer or domestic distributor of a mercury-added or prohibited lead product produced in a foreign country. In the case of a multicomponent product containing mercury or lead, the manufacturer is the last manufacturer to produce or assemble the product. If the multicomponent product or mercury-added or prohibited lead 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 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) "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 mercury-added products database, but are not limited to, mercury thermometers, mercury thermostats, mercury barometers, lamps, and mercury switches or relays.
     (9) "Mercury manometer" means a mercury-added product that is used for measuring blood pressure.
     (10) "Mercury thermometer" means a mercury-added product that is used for measuring temperature.
     (11) "Retailer" means a retailer of a mercury-added or prohibited lead product.
     (12) "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. "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.
     (13) "Wholesaler" means a wholesaler of a mercury-added or prohibited lead product.
     (14) "Prohibited lead product" includes both of the following, but excludes any product being used for the purposes of commercial fishing:
     (a) Lead weighted fishing hook with the lead portion having a mass of one ounce or less or a size of less than one inch along its shortest axis; and
     (b) Fishing sinker containing more than one-half of one percent lead by weight if the lead portion of the sinker has a mass of one ounce or less or a size of less than one inch along its shortest axis.

Sec. 2   RCW 70.95M.050 and 2010 c 130 s 19 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, 2012, 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.
     (7) Effective January 1, 2014, a person may not sell, offer for sale, or purchase a prohibited lead product. The first entity located in Washington in the stream of commerce for a prohibited lead product, if not the ultimate retailer, must notify all retailers that sell its product about the provisions of this section and how to properly dispose of any remaining prohibited lead products in inventory.

Sec. 3   RCW 70.95M.060 and 2003 c 260 s 7 are each amended to read as follows:
     (1) The department of ((general administration must, by January 1, 2005, revise its)) enterprise services must maintain rules, policies, and guidelines to implement the purpose of this chapter.
     (2) The department of ((general administration)) enterprise services must give priority and preference to the purchase of equipment, supplies, and other products that contain no mercury-added compounds or components, unless: (a) There is no economically feasible nonmercury-added alternative that performs a similar function; or (b) the product containing mercury is designed to reduce electricity consumption by at least forty percent and there is no nonmercury or lower mercury alternative available that saves the same or a greater amount of electricity as the exempted product. In circumstances where a nonmercury-added product is not available, preference must be given to the purchase of products that contain the least amount of mercury added to the product necessary for the required performance.
     (3) The department of enterprise services is under no requirement to revise rules or take other actions in regards to prohibited lead products.

Sec. 4   RCW 70.95M.070 and 2003 c 260 s 8 are each amended to read as follows:
     (1) The department is authorized to participate in a regional or multistate clearinghouse to assist in carrying out any of the requirements of this chapter. A clearinghouse may also be used for examining notification and label requirements, developing education and outreach activities, and maintaining a list of all mercury-added products.
     (2) This section does not apply to prohibited lead products.

Sec. 5   RCW 70.95M.090 and 2003 c 260 s 10 are each amended to read as follows:
     (1) Nothing in this chapter applies to:
     (a) Crematories as that term is defined in RCW 68.04.070; or
     (b) Lead shot or other firearm ammunition.
     (2) Nothing in this chapter may be interpreted as granting the department expanded authority over the regulation of lead shot or other firearm ammunition.