BILL REQ. #:  S-4327.2 

Read first time 01/17/08.   Referred to Committee on Water, Energy & Telecommunications.

     AN ACT Relating to mercury reduction; amending RCW 70.95M.010, 70.95M.020, 70.95M.050, and 70.95M.080; adding new sections to chapter 70.95M RCW; and repealing RCW 70.95M.090.

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) "General purpose lights" means lamps, bulbs, tubes, or other devices that provide functional illumination in homes, offices, and outdoors.
     (5) "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))) (6) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces or has previously produced 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))) (7) "Mercury-added button-cell battery" means a button-cell battery to which the manufacturer intentionally introduces mercury for the operation of the battery.
     (((7))) (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, button-cell batteries, 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)) Effective January 1, 2010, all end-of-life fluorescent lamps from state-funded public agency facilities including, but not limited to, learning institutions must be recycled. Effective January 1, 2011, all end-of-life fluorescent lamps generated from commercial, industrial, and retail facilities and office buildings must be recycled.
     (5) By January 1, 2010, every manufacturer of general purpose lights sold in this state and containing hazardous materials shall finance and implement at no additional cost to consumers a system capable of recovering eighty percent of these general purpose lights to provide for the collection, transportation, recycling, and processing of any end-of-life general purpose lights generated in this state from households and small businesses.
     (a) All manufacturers of general purpose lights shall submit a plan to the department for the collection, transportation, recycling, processing, and proper management of end-of-life general purpose lights generated in this state. At a minimum, the plan must include all of the following:
     (i) A description of the system to collect, transport, recycle, process, and manage end-of-life general purpose lights;
     (ii) A description of how the system will provide service to households and small businesses;
     (iii) A description of the collection services that will be provided throughout the state, including the number and frequency of collection opportunities; and
     (iv) A consumer education program describing safe handling of general purpose lights containing hazardous materials and recycling opportunities presented in the plan.
     (b) Manufacturers must provide collection opportunities as convenient as disposal opportunities within the communities in which the services are provided. Services must be provided in every city in the state with a population greater than ten thousand and at least one opportunity in every county within the state. Manufacturers must fairly compensate collectors, transporters, and processors for providing services.
     (c) Manufacturers are encouraged to collaborate with retailers, recyclers, consumers, electric utilities, trade organizations, nongovernmental organizations, and local governments in the development and implementation of a system that ensures proper management of end-of-life general purpose lights.
     (d) Manufacturers may collaborate and submit a joint plan.
     (e) Manufacturer plans must be submitted to the department for review and approval by June 30, 2009. When approving the plan, the department shall take into consideration the geographic and economic differences across the state to ensure that all households are equally provided an effective lamp recycling service. Manufacturers shall report to the department annually the amount of general purpose lights recovered for recycling.
     (6)(a) The department shall assist manufacturers with developing their plans, as required under section 5 of this act, to recover and recycle general purpose lights.
     (b) The department shall establish an annual process for local governments and local communities to report their satisfaction with the services provided for recovery and recycling 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)) 2009, no person may sell, install, or reinstall a commercial or residential thermostat that contains mercury ((unless the)). Thermostat manufacturers ((of the thermostat)) shall conduct((s)) or participate((s)) in a thermostat recovery or recycling program designed to assist contractors and homeowners in the proper disposal of currently installed 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 of bulk mercury is prohibited, including sales through the internet or sales by private parties, except 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 annually until 2015, as well as any mercury waste generated from such actions.
     (7) Effective January 1, 2009, the manufacture, wholesale, or retail of any mercury-added product is prohibited if a safer and environmentally benign alternative, as identified by the interstate mercury education and reduction clearinghouse, exists.

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) Effective January 1, 2012, no person shall dispose of mercury-added products in a manner other than by recycling or disposal as hazardous waste.
     (2) Effective January 1, 2012, no person shall discharge mercury to water, wastewater treatment, or wastewater disposal systems. This subsection applies, but is not limited to, reagents, medications, amalgam and other mixtures that contain mercury.
     (3) Effective January 1, 2012, mercury-added products may only be disposed of in a hazardous waste disposal or recycling facility approved by the department.
     (4) At a minimum, 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;
     (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; and
     (c) Implementation of a procedure approved by the department for periodically monitoring incoming wastes to detect the presence of mercury-added products at the facility.
     (5) 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.

NEW SECTION.  Sec. 6   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, 2009, 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, 2009.

NEW SECTION.  Sec. 7   A new section is added to chapter 70.95M RCW to read as follows:
     Authority is granted to public and private utilities to recover costs from ratepayers for mercury reduction activities associated with the replacement of switches and relays or other mercury-containing products resulting from their operations. Entities authorized to recover costs include the following: (1) Private entities, cities, or towns serving customers with water, electricity, or services for sewerage, storm water, surface water, or solid waste handling; (2) counties authorized to acquire and operate utilities, or conduct other proprietary, user, or ratepayer funded activities; and (3) public utility districts.

NEW SECTION.  Sec. 8   RCW 70.95M.090 (Crematories--Nonapplicability of chapter) and 2003 c 260 s 10 are each repealed.