Mercury-Containing Lights Product Stewardship (LightRecycle)

CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE SENATE BILL 5543 Chapter 130, Laws of 2010 61st Legislature 2010 Regular Session MERCURY-CONTAINING LIGHTS--COLLECTION, TRANSPORTATION, AND RECYCLING EFFECTIVE DATE: 06/10/10 Passed by the Senate March 6, 2010 YEAS 36 NAYS 12 BRAD OWEN President of the Senate Passed by the House March 2, 2010 YEAS 71 NAYS 27 FRANK CHOPP Speaker of the House of Representatives CERTIFICATE I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5543 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN Secretary Approved March 19, 2010, 1:50 p.m. CHRISTINE GREGOIRE Governor of the State of Washington FILED March 19, 2010 Secretary of State State of Washington _____________________________________________ ENGROSSED SUBSTITUTE SENATE BILL 5543 _____________________________________________ AS AMENDED BY THE HOUSE Passed Legislature - 2010 Regular Session State of Washington 61st Legislature 2010 Regular Session By Senate Environment, Water & Energy (originally sponsored by Senators Pridemore, Oemig, Rockefeller, Fairley, Murray, Kline, Keiser, Shin, Regala, Franklin, McAuliffe, Fraser, Ranker, and Kohl- Welles) READ FIRST TIME 02/05/10. 1 AN ACT Relating to mercury reduction; amending RCW 70.95M.010 and 2 70.95M.050; adding a new chapter to Title 70 RCW; and prescribing 3 penalties. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 NEW SECTION. Sec. 1. The legislature finds that: 6 (1) Mercury is an essential component of many energy efficient 7 lights. Improper disposal methods will lead to mercury releases that 8 threaten the environment and harm human health. Spent mercury lighting 9 is a hard to collect waste product that is appropriate for product 10 stewardship; 11 (2) Convenient and environmentally sound product stewardship 12 programs for mercury-containing lights that include collecting, 13 transporting, and recycling mercury-containing lights will help protect 14 Washington's environment and the health of state residents; 15 (3) The purpose of this act is to achieve a statewide goal of 16 recycling all end-of-life mercury-containing lights by 2020 through 17 expanded public education, a uniform statewide requirement to recycle 18 all mercury-containing lights, and the development of a comprehensive, 19 safe, and convenient collection system that includes use of residential p. 1 ESSB 5543.SL 1 curbside collection programs, mail-back containers, increased support 2 for household hazardous waste facilities, and a network of additional 3 collection locations; 4 (4) Product producers must play a significant role in financing no- 5 cost collection and processing programs for mercury-containing lights; 6 and 7 (5) Providers of premium collection services such as residential 8 curbside and mail-back programs may charge a fee to cover the 9 collection costs for these more convenient forms of collection. 10 NEW SECTION. Sec. 2. The definitions in this section apply 11 throughout this chapter unless the context clearly requires otherwise. 12 (1) "Brand" means a name, symbol, word, or mark that identifies a 13 product, rather than its components, and attributes the product to the 14 owner of the brand as the producer. 15 (2) "Covered entities" means: 16 (a) A single-family or a multifamily household generator and 17 persons that deliver no more than fifteen mercury-containing lights to 18 registered collectors for a product stewardship program during a 19 ninety-day period; and 20 (b) A single-family or a multifamily household generator and 21 persons that utilize a registered residential curbside collection 22 program or a mail-back program for collection of mercury-containing 23 lights and that discards no more than fifteen mercury-containing lights 24 into those programs during a ninety-day period. 25 (3) "Collection" or "collect" means, except for persons involved in 26 mail-back programs: 27 (a) The activity of accumulating any amount of mercury-containing 28 lights at a location other than the location where the lights are used 29 by covered entities, and includes curbside collection activities, 30 household hazardous waste facilities, and other registered drop-off 31 locations; and 32 (b) The activity of transporting mercury-containing lights in the 33 state, where the transporter is not a generator of unwanted mercury- 34 containing lights, to a location for purposes of accumulation. 35 (4) "Department" means the department of ecology. 36 (5) "Final disposition" means the point beyond which no further ESSB 5543.SL p. 2 1 processing takes place and materials from mercury-containing lights 2 have been transformed for direct use as a feedstock in producing new 3 products, or disposed of or managed in permitted facilities. 4 (6) "Hazardous substances" or "hazardous materials" means those 5 substances or materials identified by rules adopted under chapter 6 70.105 RCW. 7 (7) "Mail-back program" means the use of a prepaid postage 8 container with mercury vapor barrier packaging that is used for the 9 collection and recycling of mercury-containing lights from covered 10 entities as part of a product stewardship program and is transported by 11 the United States postal service or a common carrier. 12 (8) "Mercury vapor barrier packaging" means sealable containers 13 that are specifically designed for the storage, handling, and transport 14 of mercury-containing lights in order to prevent the escape of mercury 15 into the environment by volatilization or any other means, and that 16 meet the requirements for transporting by the United States postal 17 service or a common carrier. 18 (9) "Mercury-containing lights" means lamps, bulbs, tubes, or other 19 devices that contain mercury and provide functional illumination in 20 homes, businesses, and outdoor stationary fixtures. 21 (10) "Orphan product" means a mercury-containing light that lacks 22 a producer's brand, or for which the producer is no longer in business 23 and has no successor in interest, or that bears a brand for which the 24 department cannot identify an owner. 25 (11) "Person" means a sole proprietorship, partnership, 26 corporation, nonprofit corporation or organization, limited liability 27 company, firm, association, cooperative, or other legal entity located 28 within or outside Washington state. 29 (12) "Processing" means recovering materials from unwanted products 30 for use as feedstock in new products. Processing must occur at 31 permitted facilities. 32 (13) "Producer" means a person that: 33 (a) Has or had legal ownership of the brand, brand name, or cobrand 34 of a mercury-containing light sold in or into Washington state, except 35 for persons whose primary business is retail sales; 36 (b) Imports or has imported mercury-containing lights branded by a 37 producer that meets the requirements of (a) of this subsection and 38 where that producer has no physical presence in the United States; p. 3 ESSB 5543.SL 1 (c) If (a) and (b) of this subsection do not apply, makes or made 2 an unbranded mercury-containing light that is sold or has been sold in 3 or into Washington state; or 4 (d)(i) Sells or sold at wholesale or retail a mercury-containing 5 light; (ii) does not have legal ownership of the brand; and (iii) 6 elects to fulfill the responsibilities of the producer for that 7 product. 8 (14) "Product stewardship" means a requirement for a producer of 9 mercury-containing lights to manage and reduce adverse safety, health, 10 and environmental impacts of the product throughout its life cycle, 11 including financing and providing for the collection, transporting, 12 reusing, recycling, processing, and final disposition of their 13 products. 14 (15) "Product stewardship plan" or "plan" means a detailed plan 15 describing the manner in which a product stewardship program will be 16 implemented. 17 (16) "Product stewardship program" or "program" means the methods, 18 systems, and services financed and provided by producers of mercury- 19 containing lights generated by covered entities that addresses product 20 stewardship and includes collecting, transporting, reusing, recycling, 21 processing, and final disposition of unwanted mercury-containing 22 lights, including a fair share of orphan products. 23 (17) "Recovery" means the collection and transportation of unwanted 24 mercury-containing lights under this chapter. 25 (18)(a) "Recycling" means transforming or remanufacturing unwanted 26 products into usable or marketable materials for use other than 27 landfill disposal or incineration. 28 (b) "Recycling" does not include energy recovery or energy 29 generation by means of combusting unwanted products with or without 30 other waste. 31 (19) "Reporting period" means the period commencing January 1st and 32 ending December 31st in the same calendar year. 33 (20) "Residuals" means nonrecyclable materials left over from 34 processing an unwanted product. 35 (21) "Retailer" means a person who offers mercury-containing lights 36 for sale at retail through any means including, but not limited to, 37 remote offerings such as sales outlets, catalogs, or the internet, but ESSB 5543.SL p. 4 1 does not include a sale that is a wholesale transaction with a 2 distributor or a retailer. 3 (22)(a) "Reuse" means a change in ownership of a mercury-containing 4 light or its components, parts, packaging, or shipping materials for 5 use in the same manner and purpose for which it was originally 6 purchased, or for use again, as in shipping materials, by the generator 7 of the shipping materials. 8 (b) "Reuse" does not include dismantling of products for the 9 purpose of recycling. 10 (23) "Stakeholder" means a person who may have an interest in or be 11 affected by a product stewardship program. 12 (24) "Stewardship organization" means an organization designated by 13 a producer or group of producers to act as an agent on behalf of each 14 producer to operate a product stewardship program. 15 (25) "Unwanted product" means a mercury-containing light no longer 16 wanted by its owner or that has been abandoned, discarded, or is 17 intended to be discarded by its owner. 18 NEW SECTION. Sec. 3. (1) Every producer of mercury-containing 19 lights sold in or into Washington state for residential use must fully 20 finance and participate in a product stewardship program for that 21 product, including the department's costs for administering and 22 enforcing this chapter. 23 (2) Every producer must: 24 (a) Participate in a product stewardship program approved by the 25 department and operated by a product stewardship organization 26 contracted by the department. All producers must finance and 27 participate in the plan operated by the product stewardship 28 organization, unless the producer obtains department approval for an 29 independent plan as described in (b) of this subsection; or 30 (b) Finance and operate, either individually or jointly with other 31 producers, a product stewardship program approved by the department. 32 (3) A producer, group of producers, or product stewardship 33 organization funded by producers must pay all administrative and 34 operational costs associated with their program or programs, except for 35 the collection costs associated with curbside and mail-back collection 36 programs. For curbside and mail-back programs, a producer, group of 37 producers, or product stewardship organization shall finance the costs p. 5 ESSB 5543.SL 1 of transporting mercury-containing lights from accumulation points and 2 for processing mercury-containing lights collected by curbside and 3 mail-back programs. For collection locations, including household 4 hazardous waste facilities, charities, retailers, government recycling 5 sites, or other suitable locations, a producer, group of producers, or 6 product stewardship organization shall finance the costs of collection, 7 transportation, and processing of mercury-containing lights collected 8 at the collection locations. 9 (4) Product stewardship programs shall collect unwanted mercury- 10 containing lights delivered from covered entities for reuse, recycling, 11 processing, or final disposition, and not charge a fee when lights are 12 dropped off or delivered into the program. 13 (5) Product stewardship programs shall provide, at a minimum, no 14 cost services in all cities in the state with populations greater than 15 ten thousand and all counties of the state on an ongoing, year-round 16 basis. 17 (6) All product stewardship programs operated under approved plans 18 must recover their fair share of unwanted covered products as 19 determined by the department. 20 (7) The department or its designee may inspect, audit, or review 21 audits of processing and disposal facilities used to fulfill the 22 requirements of a product stewardship program. 23 (8) No product stewardship program required under this chapter may 24 use federal or state prison labor for processing unwanted products. 25 (9) Product stewardship programs for mercury-containing lights must 26 be fully implemented by January 1, 2013. 27 NEW SECTION. Sec. 4. (1) A producer, group of producers, or 28 product stewardship program submitting a proposed product stewardship 29 plan under section 3(2)(b) of this act must submit that plan by January 30 1st of the year prior to the planned implementation. 31 (2) The department shall establish rules for plan content. Plans 32 must include but are not limited to: 33 (a) All necessary information to inform the department about the 34 plan operator and participating producers and their brands; 35 (b) The management and organization of the product stewardship 36 program that will oversee the collection, transportation, and 37 processing services; ESSB 5543.SL p. 6 1 (c) The identity of collection, transportation, and processing 2 service providers, including a description of the consideration given 3 to existing residential curbside collection infrastructure and mail- 4 back systems as an appropriate collection mechanism; 5 (d) How the product stewardship program will seek to use businesses 6 within the state, including transportation services, retailers, 7 collection sites and services, existing curbside collection services, 8 existing mail-back services, and processing facilities; 9 (e) A description of how the public will be informed about the 10 recycling program; 11 (f) A description of the financing system required under section 5 12 of this act; 13 (g) How mercury and other hazardous substances will be handled for 14 collection through final disposition; 15 (h) A public review and comment process; and 16 (i) Any other information deemed necessary by the department to 17 ensure an effective mercury light product stewardship program that is 18 in compliance with all applicable laws and rules. 19 (3) All plans submitted to the department must be made available 20 for public review on the department's web site and at the department's 21 headquarters. 22 (4) At least two years from the start of the product stewardship 23 program and once every four years thereafter, a producer, group of 24 producers, or product stewardship organization operating a product 25 stewardship program must update its product stewardship plan and submit 26 the updated plan to the department for review and approval according to 27 rules adopted by the department. 28 (5) Each product stewardship program shall submit an annual report 29 to the department describing the results of implementing their plan for 30 the prior year. The department may adopt rules for reporting 31 requirements. All reports submitted to the department must be made 32 available for public review on the department's web site and at the 33 department's headquarters. 34 NEW SECTION. Sec. 5. (1) All producers that sell mercury- 35 containing lights in or into the state of Washington are responsible 36 for financing the mercury-containing light recycling program required 37 by section 3 of this act. p. 7 ESSB 5543.SL 1 (2) Each producer shall pay fifteen thousand dollars to the 2 department to contract for a product stewardship program to be operated 3 by a product stewardship organization. The department shall retain 4 five thousand dollars of the fifteen thousand dollars for 5 administration and enforcement costs. 6 (3) A producer or producers participating in an independent plan, 7 as permitted under section 3(2)(b) of this act, must pay the full cost 8 of operation. Each producer participating in an approved independent 9 plan shall pay an annual fee of five thousand dollars to the department 10 for administration and enforcement costs. 11 NEW SECTION. Sec. 6. (1) All mercury-containing lights collected 12 in the state by product stewardship programs or other collection 13 programs must be recycled and any process residuals must be managed in 14 compliance with applicable laws. 15 (2) Mercury recovered from retorting must be recycled or placed in 16 a properly permitted hazardous waste landfill, or placed in a properly 17 permitted mercury repository. 18 NEW SECTION. Sec. 7. (1) Except for persons involved in 19 registered mail-back programs, a person who collects unwanted mercury- 20 containing lights in the state, receives funding through a product 21 stewardship program for mercury-containing lights, and who is not a 22 generator of unwanted mercury-containing lights must: 23 (a) Register with the department as a collector of unwanted 24 mercury-containing lights. Until the department adopts rules for 25 collectors, the collector must provide to the department the legal name 26 of the person or entity owning and operating the collection location, 27 the address and phone number of the collection location, and the name, 28 address, and phone number of the individual responsible for operating 29 the collection location and update any changes in this information 30 within thirty days of the change; 31 (b) Maintain a spill and release response plan at the collection 32 location that describes the materials, equipment, and procedures that 33 will be used to respond to any mercury release from an unwanted 34 mercury-containing light; 35 (c) Maintain a worker safety plan at the collection location that ESSB 5543.SL p. 8 1 describes the handling of the unwanted mercury-containing lights at the 2 collection location and measures that will be taken to protect worker 3 health and safety; and 4 (d) Use packaging and shipping material that will minimize the 5 release of mercury into the environment and minimize breakage and use 6 mercury vapor barrier packaging if mercury-containing lights are 7 transported by the United States postal service or a common carrier. 8 (2) A person who operates a curbside collection program or owns or 9 operates a mail-back business participating in a product stewardship 10 program for mercury-containing lights and uses the United States postal 11 service or a common carrier for transport must register with the 12 department and use mercury vapor barrier packaging for curbside 13 collection and mail-back containers. 14 NEW SECTION. Sec. 8. Effective January 1, 2013: 15 (1) All persons, residents, government, commercial, industrial, and 16 retail facilities and office buildings must recycle their end-of-life 17 mercury-containing lights. 18 (2) No mercury-containing lights may knowingly be placed in waste 19 containers for disposal at incinerators, waste to energy facilities, or 20 landfills. 21 (3) No mercury-containing lights may knowingly be placed in a 22 container for mixed recyclables unless there is a separate location or 23 compartment for the mercury-containing lights that complies with local 24 government collection standards or guidelines. 25 (4) No owner or operator of a solid waste facility may be found in 26 violation of this section if the facility has posted in a conspicuous 27 location a sign stating that mercury-containing lights must be recycled 28 and are not accepted for disposal. 29 (5) No solid waste collector may be found in violation of this 30 section for mercury-containing lights placed in a disposal container by 31 the generator of the mercury-containing light. 32 NEW SECTION. Sec. 9. As of January 1, 2013, no producer, 33 wholesaler, retailer, electric utility, or other person may distribute, 34 sell, or offer for sale mercury-containing lights for residential use 35 to any person in this state unless the producer is participating in a 36 product stewardship program under a plan approved by the department. p. 9 ESSB 5543.SL 1 NEW SECTION. Sec. 10. (1) The department shall send a written 2 warning and a copy of this chapter and any rules adopted to implement 3 this chapter to a producer who is not participating in a product 4 stewardship program approved by the department and whose mercury- 5 containing lights are being sold in or into the state. 6 (2) A producer not participating in a product stewardship program 7 approved by the department whose mercury-containing lights continue to 8 be sold in or into the state sixty days after receiving a written 9 warning from the department shall be assessed a penalty of up to one 10 thousand dollars for each violation. A violation is one day of sales. 11 (3) If any producer fails to implement its approved plan, the 12 department shall assess a penalty of up to five thousand dollars for 13 the first violation along with notification that the producer must 14 implement its plan within thirty days of the violation. After thirty 15 days, any producer failing to implement their approved plan must be 16 assessed a penalty of up to ten thousand dollars for the second and 17 each subsequent violation. A subsequent violation occurs each thirty- 18 day period that the producer fails to implement the approved plan. 19 (4) The department shall send a written warning to a producer that 20 fails to submit a product stewardship plan, update or change the plan 21 when required, or submit an annual report as required under this 22 chapter. The written warning must include compliance requirements and 23 notification that the requirements must be met within sixty days. If 24 requirements are not met within sixty days, the producer will be 25 assessed a ten thousand dollar penalty per day of noncompliance 26 starting with the first day of notice of noncompliance. 27 (5) Penalties prescribed under this section must be reduced by 28 fifty percent if the producer complies within thirty days of the second 29 violation notice. 30 (6) A producer may appeal penalties prescribed under this section 31 to the pollution control hearings board created under chapter 43.21B 32 RCW. 33 NEW SECTION. Sec. 11. (1) The department shall provide on its web 34 site a list of all producers participating in a product stewardship 35 plan that the department has approved and a list of all producers the 36 department has identified as noncompliant with this chapter and any 37 rules adopted to implement this chapter. ESSB 5543.SL p. 10 1 (2) Product wholesalers, retailers, distributors, and electric 2 utilities must check the department's web site or producer-provided 3 written verification to determine if producers of products they are 4 selling in or into the state are in compliance with this chapter. 5 (3) No one may distribute or sell mercury-containing lights in or 6 into the state from producers who are not participating in a product 7 stewardship program or who are not in compliance with this chapter and 8 rules adopted under this chapter. 9 (4) The department shall serve, or send with delivery confirmation, 10 a written warning explaining the violation to any person known to be 11 distributing or selling mercury-containing lights in or into the state 12 from producers who are not participating in a product stewardship 13 program or who are not in compliance with this chapter and rules 14 adopted under this chapter. 15 (5) Any person who continues to distribute or sell mercury- 16 containing lights from a producer that is not participating in an 17 approved product stewardship program sixty days after receiving a 18 written warning from the department may be assessed a penalty two times 19 the value of the products sold in violation of this chapter or five 20 hundred dollars, whichever is greater. The penalty must be waived if 21 the person verifies that the person has discontinued distribution or 22 sales of mercury-containing lights within thirty days of the date the 23 penalty is assessed. A retailer may appeal penalties to the pollution 24 control hearings board. 25 (6) The department shall adopt rules to implement this section. 26 (7) A sale or purchase of mercury-containing lights as a casual or 27 isolated sale as defined in RCW 82.04.040 is not subject to the 28 provisions of this section. 29 (8) A person primarily engaged in the business of reuse and resale 30 of a used mercury-containing light is not subject to the provisions of 31 this section when selling used working mercury-containing lights, for 32 use in the same manner and purpose for which it was originally 33 purchased. 34 (9) In-state distributors, wholesalers, and retailers in possession 35 of mercury-containing lights on the date that restrictions on the sale 36 of the product become effective may exhaust their existing stock 37 through sales to the public. p. 11 ESSB 5543.SL 1 NEW SECTION. Sec. 12. All producers shall pay the department 2 annual fees to cover the cost of administering and enforcing this 3 chapter. The department may prioritize the work to implement this 4 chapter if fees are not adequate to fund all costs of the program. 5 NEW SECTION. Sec. 13. The product stewardship programs account is 6 created in the custody of the state treasurer. All funds received from 7 producers under this chapter and penalties collected under this chapter 8 must be deposited in the account. Expenditures from the account may be 9 used only for administering this chapter. Only the director of the 10 department or the director's designee may authorize expenditures from 11 the account. The account is subject to the allotment procedures under 12 chapter 43.88 RCW, but an appropriation is not required for 13 expenditures. 14 NEW SECTION. Sec. 14. (1) The department may adopt rules 15 necessary to implement, administer, and enforce this chapter. 16 (2) The department may adopt rules to establish performance 17 standards for product stewardship programs and may establish 18 administrative penalties for failure to meet the standards. 19 (3) By December 31, 2010, and annually thereafter until December 20 31, 2014, the department shall report to the appropriate committees of 21 the legislature concerning the status of the product stewardship 22 program and recommendations for changes to the provisions of this 23 chapter. 24 (4) Beginning October 1, 2014, the department shall annually invite 25 comments from local governments, communities, and citizens to report 26 their satisfaction with services provided by product stewardship 27 programs. This information must be used by the department to determine 28 if the plan operator is meeting convenience requirements and in 29 reviewing proposed updates or changes to product stewardship plans. 30 (5) Beginning October 1, 2014, the department shall annually invite 31 comments from retailers, consumer groups, electric utilities, the 32 Northwest power and conservation council, and other interested parties 33 regarding the impacts of the requirements of this chapter on the 34 availability or purchase of energy efficient lighting within the state. 35 If the department determines that evidence shows the requirements of 36 this chapter have resulted in negative impacts on the availability or ESSB 5543.SL p. 12 1 purchase of energy efficient lighting in the state, the department 2 shall report this information by December 31st of each year to the 3 appropriate committees of the legislature with recommendations for 4 changes to the provisions of this chapter. 5 (6) Beginning October 1, 2014, the department shall annually invite 6 comments from retailers, consumer groups, electric utilities, the 7 Northwest power and conservation council, and other interested parties 8 regarding the availability of energy efficient nonmercury lighting to 9 replace mercury-containing lighting within the state. If the 10 department determines that evidence shows that energy efficient 11 nonmercury-containing lighting is available and achieves similar energy 12 savings as mercury lighting at similar cost, the department shall 13 report this information by December 31st of each year to the 14 appropriate committees of the legislature with recommendations for 15 legislative changes to reduce mercury use in lighting. 16 (7) Beginning October 1, 2014, the department shall annually 17 estimate the overall statewide recycling rate for mercury-containing 18 lights and calculate that portion of the recycling rate attributable to 19 the product stewardship program. 20 (8) The department may require submission of independent 21 performance evaluations and report evaluations documenting the 22 effectiveness of mercury vapor barrier packaging in preventing the 23 escape of mercury into the environment. The department may restrict 24 the use of packaging for which adequate documentation has not been 25 provided. Restricted packaging may not be used in any product 26 stewardship program required under this chapter. 27 NEW SECTION. Sec. 15. Nothing in this chapter changes or limits 28 the authority of the Washington utilities and transportation commission 29 to regulate collection of solid waste, including curbside collection of 30 residential recyclable materials, nor does this chapter change or limit 31 the authority of a city or town to provide such service itself or by 32 contract under RCW 81.77.020. 33 NEW SECTION. Sec. 16. Nothing in this chapter changes the 34 requirements of any entity regulated under chapter 70.105 RCW to comply 35 with the requirements under that chapter. p. 13 ESSB 5543.SL 1 NEW SECTION. Sec. 17. This chapter must be liberally construed to 2 carry out its purposes and objectives. 3 Sec. 18. RCW 70.95M.010 and 2003 c 260 s 2 are each amended to 4 read as follows: 5 The definitions in this section apply throughout this chapter 6 unless the context clearly requires otherwise. 7 (1) (("Automotive mercury switch" includes a convenience switch, 8 such as a switch for a trunk or hood light, and a mercury switch in 9 antilock brake systems.)) "Bulk mercury" includes any elemental, 10 nonamalgamated mercury, regardless of volume quantity or weight and 11 does not include products containing mercury collected for recycling or 12 disposal at a permitted disposal facility. 13 (2) "Department" means the department of ecology. 14 (3) "Director" means the director of the department of ecology. 15 (4) "Health care facility" includes a hospital, nursing home, 16 extended care facility, long-term care facility, clinical or medical 17 laboratory, state or private health or mental institution, clinic, 18 physician's office, or health maintenance organization. 19 (5) "Manufacturer" includes any person, firm, association, 20 partnership, corporation, governmental entity, organization, or joint 21 venture that produces a mercury-added product or an importer or 22 domestic distributor of a mercury-added product produced in a foreign 23 country. In the case of a multicomponent product containing mercury, 24 the manufacturer is the last manufacturer to produce or assemble the 25 product. If the multicomponent product or mercury-added product is 26 produced in a foreign country, the manufacturer is the first importer 27 or domestic distributor. 28 (6) "Mercury-added button-cell battery" means a button-cell battery 29 to which the manufacturer intentionally introduces mercury for the 30 operation of the battery. 31 (7) "Mercury-added novelty" means a mercury-added product intended 32 mainly for personal or household enjoyment or adornment. Mercury-added 33 novelties include, but are not limited to, items intended for use as 34 practical jokes, figurines, adornments, toys, games, cards, ornaments, 35 yard statues and figures, candles, jewelry, holiday decorations, items 36 of apparel, and other similar products. Mercury-added novelty does not ESSB 5543.SL p. 14 1 include games, toys, or products that require a button-cell or lithium 2 battery, liquid crystal display screens, or a lamp that contains 3 mercury. 4 (8) "Mercury-added product" means a product, commodity, or 5 chemical, or a product with a component that contains mercury or a 6 mercury compound intentionally added to the product, commodity, or 7 chemical in order to provide a specific characteristic, appearance, or 8 quality, or to perform a specific function, or for any other reason. 9 Mercury-added products include those products listed in the interstate 10 mercury education and reduction clearinghouse mercury-added products 11 database, but are not limited to, mercury thermometers, mercury 12 thermostats, mercury barometers, lamps, and mercury switches ((in motor 13 vehicles)) or relays. 14 (9) "Mercury manometer" means a mercury-added product that is used 15 for measuring blood pressure. 16 (10) "Mercury thermometer" means a mercury-added product that is 17 used for measuring temperature. 18 (11) "Retailer" means a retailer of a mercury-added product. 19 (12) "Switch" means any device, which may be referred to as a 20 switch, sensor, valve, probe, control, transponder, or any other 21 apparatus, that directly regulates or controls the flow of electricity, 22 gas, or other compounds, such as relays or transponders. "Switch" 23 includes all components of the unit necessary to perform its flow 24 control function. "Automotive mercury switch" includes a convenience 25 switch, such as a switch for a trunk or hood light, and a mercury 26 switch in antilock brake systems. "Utility switch" includes, but is 27 not limited to, all devices that open or close an electrical circuit, 28 or a liquid or gas valve. "Utility relay" includes, but is not limited 29 to, all products or devices that open or close electrical contacts to 30 control the operation of other devices in the same or other electrical 31 circuit. 32 (13) "Wholesaler" means a wholesaler of a mercury-added product. 33 Sec. 19. RCW 70.95M.050 and 2003 c 260 s 6 are each amended to 34 read as follows: 35 (1) Effective January 1, 2006, no person may sell, offer for sale, 36 or distribute for sale or use in this state a mercury-added novelty. p. 15 ESSB 5543.SL 1 A manufacturer of mercury-added novelties must notify all retailers 2 that sell the product about the provisions of this section and how to 3 properly dispose of any remaining mercury-added novelty inventory. 4 (2)(a) Effective January 1, 2006, no person may sell, offer for 5 sale, or distribute for sale or use in this state a manometer used to 6 measure blood pressure or a thermometer that contains mercury. This 7 subsection (2)(a) does not apply to: 8 (i) An electronic thermometer with a button-cell battery containing 9 mercury; 10 (ii) A thermometer that contains mercury and that is used for food 11 research and development or food processing, including meat, dairy 12 products, and pet food processing; 13 (iii) A thermometer that contains mercury and that is a component 14 of an animal agriculture climate control system or industrial 15 measurement system or for veterinary medicine until such a time as the 16 system is replaced or a nonmercury component for the system or 17 application is available; 18 (iv) A thermometer or manometer that contains mercury that is used 19 for calibration of other thermometers, manometers, apparatus, or 20 equipment, unless a nonmercury calibration standard is approved for the 21 application by the national institute of standards and technology; 22 (v) A thermometer that is provided by prescription. A manufacturer 23 of a mercury thermometer shall supply clear instructions on the careful 24 handling of the thermometer to avoid breakage and proper cleanup should 25 a breakage occur; or 26 (vi) A manometer or thermometer sold or distributed to a hospital, 27 or a health care facility controlled by a hospital, if the hospital has 28 adopted a plan for mercury reduction consistent with the goals of the 29 mercury chemical action plan developed by the department under section 30 302, chapter 371, Laws of 2002. 31 (b) A manufacturer of thermometers that contain mercury must notify 32 all retailers that sell the product about the provisions of this 33 section and how to properly dispose of any remaining thermometer 34 inventory. 35 (3) Effective January 1, 2006, no person may sell, install, or 36 reinstall a commercial or residential thermostat that contains mercury 37 unless the manufacturer of the thermostat conducts or participates in 38 a thermostat recovery or recycling program designed to assist ESSB 5543.SL p. 16 1 contractors in the proper disposal of thermostats that contain mercury 2 in accordance with 42 U.S.C. Sec. 6901, et seq., the federal resource 3 conservation and recovery act. 4 (4) No person may sell, offer for sale, or distribute for sale or 5 use in this state a motor vehicle manufactured after January 1, 2006, 6 if the motor vehicle contains an automotive mercury switch. 7 (5) Nothing in this section restricts the ability of a 8 manufacturer, importer, or domestic distributor from transporting 9 products through the state, or storing products in the state for later 10 distribution outside the state. 11 (6) Effective June 30, 2012, the sale or purchase and delivery of 12 bulk mercury is prohibited, including sales through the internet or 13 sales by private parties. However, the prohibition in this subsection 14 does not apply to immediate dangerous waste recycling facilities or 15 treatment, storage, and disposal facilities as approved by the 16 department and sales to research facilities, or industrial facilities 17 that provide products or services to entities exempted from this 18 chapter. The facilities described in this subsection must submit an 19 inventory of their purchase and use of bulk mercury to the department 20 on an annual basis, as well as any mercury waste generated from such 21 actions. 22 NEW SECTION. Sec. 20. Sections 1 through 17 and 21 of this act 23 constitute a new chapter in Title 70 RCW. 24 NEW SECTION. Sec. 21. If any provision of this act or its 25 application to any person or circumstance is held invalid, the 26 remainder of the act or the application of the provision to other 27 persons or circumstances is not affected. Passed by the Senate March 6, 2010. Passed by the House March 2, 2010. Approved by the Governor March 19, 2010. Filed in Office of Secretary of State March 19, 2010. p. 17 ESSB 5543.SL