S-4243

AN ACT Relating to mercury reduction and education; adding a new chapter to Title 70 RCW; creating new sections; prescribing penalties; providing effective dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1)"Dental amalgam" means a mixture of mercury, and an alloy of silver, tin, and copper, used in dentistry.

(2) "Department" means the department of ecology.

(3) "Director" means the director of the department of ecology.

(4) "Health care facility" means 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" means 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 importer or domestic distributor.

(6) "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, mercury thermometers, mercury thermostats, and mercury switches in motor vehicles.

NEW SECTION. Sec. 2. Nothing in this chapter applies to prescription drugs regulated by the food and drug administration under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), to biological products regulated by the food and drug administration under the public health service act (42 U.S.C. Sec. 262 et seq.), to any substance that may be lawfully sold over-the-counter without a prescription under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), or to dental amalgam.

NEW SECTION. Sec. 3. (1) A person may not knowingly dispose of mercury-added products in any manner other than by recycling the product or disposing of the product as hazardous waste.

(2) When a mercury-added product is removed from service, the mercury in the item must be source-separated for reuse or recycling, stabilized for retirement, or otherwise managed to prevent its release into the environment.

(3) A person may not knowingly send a multicomponent product containing a mercury-added product, that has been intentionally flattened, crushed, or baled, to a scrap processor, as defined in RCW 46.79.010, for recycling without first removing the mercury-added product. A scrap processor may accept a multicomponent product, knowing it contains a mercury-added product, if the processor takes responsibility for removing the mercury-added product. This subsection (3) does not apply to individuals disposing of mercury-added household products.

(4) A person engaging in solid waste handling, including solid waste storage, collection, transportation, treatment, utilization, processing, incineration, and final disposal of solid wastes, may not knowingly collect or accept for disposal solid waste that contains one or more mercury-added products, unless the waste is collected at a permitted household hazardous waste collection facility for the purpose of recycling the household hazardous waste. A solid waste collector or transporter will not be deemed to have knowingly accepted mercury-added products if the solid waste collector or transporter has notified customers in writing at least once a year that it is illegal to dispose of mercury-added products in solid waste containers, and if no mercury-added products are clearly visible and easily identifiable in the container. A solid waste treatment, processing, incineration, or disposal facility will not be deemed to have knowingly accepted a mercury-added product for processing or disposal if the facility has implemented the following:

(a) Posted signs at the solid waste management facility providing notice of the prohibition of the disposal and incineration of mercury-added products; and

(b) Provided written notification to or have contractual agreements with the solid waste management facility's customers, providing notice of the prohibition of the disposal and incineration of mercury-added products.

(5) For the purposes of this section a person acts knowingly when:

(a) The person is aware of a fact, facts, or circumstances or result described by a statute defining a prohibited act; or

(b) The person has information that would lead a reasonable person in the same situation to believe that the existing facts are the facts described by a statute defining a prohibited act.

(6) Every two years the department must make available to the public information concerning the amount of mercury diverted from the solid waste stream that would otherwise be sent to solid waste management facilities for disposal or incineration.

(7) Those persons involved in the recycling, dismantling, or hulk hauling of motor vehicles are exempt from this section. The department shall assemble an advisory committee of parties concerned with and involved in the recycling and waste disposal of motor vehicles to make recommendations on the reduction and removal of mercury components from the waste stream caused by the scrapping and dismantling of motor vehicles. With the help of the advisory committee, the department shall prepare recommendations to the legislature on how mercury components may be reduced or eliminated from motor vehicle scrap, how this will occur, and at what stage of the vehicle's life, as well as the liable parties. The department's recommendations shall be presented to the legislature no later than January 1, 2004.

NEW SECTION. Sec. 4. (1) No later than January 1, 2003, the department, in consultation with the Washington hospital association and other interested and affected parties, must develop the following plans for mercury purchase and use at health care facilities:

(a) A mercury elimination plan for thermometers, thermostats, manometers, and other mercury-added products for which alternatives are available; and

(b) A mercury reduction plan for lab reagents, lights, batteries, and other mercury-added products for which alternatives are not available.

(2) For the purposes of this section, "health care facility" does not include a clinic, physician's office, dentist's office, veterinarian's office, or a clinic, physician's office, or dentist's office located within a health maintenance organization.

NEW SECTION. Sec. 5. (1) The department must develop a plan and proposed budget for a comprehensive public education, outreach, and assistance program for households, hazardous waste generators, municipalities, solid waste management districts, small businesses, health care facilities, scrap metal facilities, dismantlers, institutions of higher education, schools, and other interested groups. The plan must: (a) Focus on the hazards of mercury, particularly those associated with the consumption of mercury-contaminated fresh and saltwater fish, the requirements and obligations of individuals, manufacturers, and agencies under this chapter, and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment; (b) include a mechanism for providing information to retailers, wholesalers, and the public on which products are mercury-added products and information on possible nonmercury alternatives; (c) include a description of how manufacturers of mercury-added products and other affected businesses will be involved in the development and implementation of a public education and technical assistance program; (d) describe how the program will assist the municipalities and solid waste management districts in developing, designing, and disseminating information for the public about mercury-added products, source separation of waste mercury-added products, and the collection programs that are available to the public; and (e) describe how the program will be directed specifically at large public and private institutions that use and discard substantial numbers of waste mercury-added products, and at any other large users of those products. The plan and proposed budget must be submitted to the governor and the legislature by January 1, 2003.

(2) The department may develop an awards program to recognize the accomplishments of manufacturers, municipalities, solid waste management facilities, solid waste recycling facilities, household hazardous waste collection facilities, citizens, or entities that go beyond the minimum requirements established under this chapter and excel at reducing or eliminating mercury in air emissions, solid waste, and wastewater discharges.

NEW SECTION. Sec. 6. (1) The department of general administration must, by July 1, 2003, revise its rules, policies, and guidelines to implement the purpose of this chapter.

(2) The department of general administration 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.

NEW SECTION. Sec. 7. 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.

NEW SECTION. Sec. 8. The department may adopt rules to implement this chapter.

NEW SECTION. Sec. 9. (1) The department must develop a planned strategy for the elimination of mercury from the environment. This strategy will be known as the mercury chemical action plan. The development of the mercury chemical action plan will be a model for how all future chemical action plans will be developed.

(2) The mercury chemical action plan must include, but is not limited to: (a) Identifying current mercury uses in Washington; (b) analyzing current state and federal laws, regulations, rules, and voluntary measures that can be used to reduce or eliminate mercury and mercury-added products; (c) identifying mercury reduction and elimination options for mercury-added products; and (d) implementing actions to reduce or eliminate mercury uses and releases.

(3) In developing the mercury chemical action plan, the department must involve an advisory committee not to exceed twelve members composed of adequate and balanced representation of local government, business, agriculture, and environmental, public health, and community groups. In addition, the department must invite and strongly encourage any interested tribes or federal agencies to participate in the advisory committee process. The advisory committee must be involved in the development of the mercury chemical action plan. All information that will serve as the basis for any decisions in the mercury chemical action plan's development must be available to the advisory committee members. The advisory committee has sixty days to provide input to the department on the elements of the mercury chemical action plan. The comments and suggestions made by the advisory committee must be considered by the department; however, consensus of the advisory committee is not necessary for the department to move forward in the development of the mercury chemical action plan. All meetings of the advisory committee are subject to the provisions of chapter 42.30 RCW. The advisory committee for the mercury chemical action plan must be established by April 15, 2002.

(4) By June 30, 2002, the department must develop and issue a draft mercury chemical action plan in consultation with the advisory committee. Following the release of the draft plan, the department must allow for a sixty-day public comment period. The department must reconvene the advisory committee following the comment period to consider the public comments received.

(5) The final mercury chemical action plan, developed after considering the public comments and the input of the advisory committee, must outline actions for the department to take, including, but not limited to the development of any rules that are within the department's authority and recommending any legislation.

(6) The mercury chemical action plan must be finalized by December 1, 2002, and implementation must begin no later than January 1, 2003.

NEW SECTION. Sec. 10. Any fiscal impact on the department of ecology that results from the implementation of this act shall be paid for out of existing funds previously appropriated out of the state toxics control account for the implementation of the department's persistent, bioaccumulative toxic chemical strategy.

NEW SECTION. Sec. 11. The department of ecology shall: (1) Study issues relating to the collection and recycling of mercury-added products, including options for manufacturer responsibility for those products; and (2) prepare a report to the appropriate legislative committees specifying what mercury-added products currently have cost-effective, nonmercury alternatives that are readily available.

NEW SECTION. Sec. 12. (1) Sections 1, 2, and 4 through 8 of this act take effect July 1, 2002.

(2) Section 3 of this act takes effect January 1, 2003.

(3) Section 9 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION. Sec. 13. Sections 1 through 9 and 12 of this act constitute a new chapter in Title 70 RCW.