2006 -- H 8220 AS AMENDED

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LC03427

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2006

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A N A C T

RELATING TO HEALTH AND SAFETY -- MERCURY REDUCTION AND EDUCATION

ACT

     Introduced By: Representatives Handy, Ginaitt, Gallison, Ajello, and Pacheco

     Date Introduced: June 08, 2006

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-24.9-10 of the General Laws in Chapter 23-24.9 entitled

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"Mercury Reduction and Education Act" is hereby amended to read as follows:

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     23-24.9-10. Collection of mercury-added products. -- (a) After January 1, 2006, no

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mercury-added product shall be offered for final sale or use or distribution for promotional

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purposes in Rhode Island unless the manufacturer, either on its own or in concert with other

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persons, has implemented a system, after review and approval of the director, for the convenient

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and accessible collection of such products when the consumer is finished with them. Where a

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mercury-added product is a component of another product, the collection system must provide for

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removal and collection of the mercury-added component or collection of both the mercury-added

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component and the product containing it. Mercury-added components in motor vehicles shall be

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collected and recycled as provided for in subdivision (b)(2) of this section.

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      (b) (1) This section shall not apply to the collection of mercury-added button cell

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batteries or mercury-added lamps or products where the only mercury contained in the product

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comes from a mercury-added button cell battery or a mercury-added lamp; and

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      (2) Mercury-added components in motor vehicles at end-of-life shall be collected and

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recycled as provided in this subsection. Significant, willful failure to comply with rules and/or

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regulations to implement the provisions of this section shall constitute, as may be determined by

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the department, a violation of the ban established in section 23-24.9-9. No scrap recycling facility

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or other person that receives a flattened, crushed or baled end-of-life vehicle shall be deemed to

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be in violation of subdivision 23-24.9-10(b)(2) and rules and regulations pursuant thereto or

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section 23-24.9-9 if a mercury switch is found in the vehicle after its acquisition.

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      For the purposes of subdivision 23-24.9-10(b)(2) the following terms shall have the

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following meanings: (i) "Capture rate" means the annual removal, collection, and recovery of

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mercury switches, as a percentage of the total number of mercury switches available for removal

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from end-of-life vehicles as determined by the Department of Environmental Management.

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Capture rate shall not include mercury switches that are inaccessible due to significant damage to

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the motor vehicle in the area where the mercury switch is located; (ii) "Mercury added

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component" or "Mercury switch" means a mercury-added convenience light switch assembly or

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capsule from an end-of-life motor vehicle; (iii) "Scrap recycling facility" means a fixed location

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where machinery and equipment are utilized for processing and manufacturing scrap metal into

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prepared grades and whose principal product is scrap iron, scrap steal, or nonferrous metallic

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scrap for sale for remelting purposes; and (iv) "Vehicle recycler" means and individual or entity

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licensed under the provisions of section 42-14.2-3 that engages in the business of acquiring,

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dismantling, parts recycling from, or destroying six (6) or more end-of-life vehicles in a calendar

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year.

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      (A) Manufacturers of motor vehicles sold in Rhode Island that contain mercury switches

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shall, individually or collectively, establish and implement a collection program for mercury

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switches to achieve a capture rate of not less than fifty percent (50%) for calendar year 2006, and

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not less than seventy percent (70%) for calendar year 2007 and each calendar year thereafter

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through calendar year 2017. The collection program shall be subject to the following

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requirements:

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      (i) On or before September 1, 2005, manufacturers of motor vehicles subject to the

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collection program requirement shall submit to the department a plan setting forth a proposed

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collection program. At a minimum, the plan shall:

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      (I) Explain how capture rate requirements are anticipated to be met through

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implementation of the plan;

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      (II) Ensure that mercury switches collected are managed in accordance with the

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universal waste rules adopted by the department;

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      (III) Provide the department and scrap recycling facilities and vehicle recyclers with

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information, training and other technical assistance required to facilitate removal and recycling of

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mercury switches in accordance with the universal waste rules;

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      (IV) Make available to the public information concerning services to remove mercury

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switches in motor vehicles;

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      (V) The proposed collection program plan shall be subject to the review and approval of

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the department, which may require adjustments or modifications to the plan.

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      (ii) By January 1, 2006, manufacturers of motor vehicles subject to the collection

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program requirement shall implement a collection program plan approved by the department; and

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      (iii) For the calendar quarter ending March 31, 2006, and each calendar quarter

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thereafter, not later than forty-five (45) days following the close of the calendar quarter,

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manufacturers of motor vehicles subject to the collection program requirement shall provide

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quarterly implementation reports to the department, which reports shall include the number of

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mercury switches collected and the amount of mercury collected and recycled through the

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collection program. The report shall further include, but not be limited to: a detailed description

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and documentation of the capture rate.

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      (B) In the event that the program set forth in subparagraph 23-24.9-10(b)(2)(A) does not

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achieve the specified capture rates for any calendar year, the The department shall develop, issue,

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administer and enforce regulation compelling the manufacturers of motor vehicles sold in Rhode

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Island that contain mercury switches to undertake a collection program as set forth in this

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subparagraph, 23-24.9-10(b)(2)(B). Provided, however, that if the The department shall

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determine that the failure to achieve the required capture rate in any each year of the program and

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shall access whether any failure to achieve the capture rate was the result of a force-majeure,. The

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department shall report publicly on or before March 31, each year its findings with regard to the

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capture rate during the prior year. the department may extend the program established pursuant to

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subparagraph 23-24.9-10(b)(2)(A) for a period of not less than one calendar quarter and not

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greater than the number of whole calendar quarters equal to the number of calendar quarters

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affected by the force-majeure and shall substitute the capture rates achieved in such calendar

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quarter(s) for the captures rates achieved in the calendar quarter(s) affected by the force-majeure;

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the department shall recalculate the annual capture rate for the year affected by the force-majeure

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using the substitute calendar quarter(s) to determine whether the annual capture rate requirements

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set forth in subparagraph 23-24.9-10(b)(2)(A) were met. The manufacturer or manufacturers shall

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pay the The total cost of the removal, replacement, collection and recovery system for mercury

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switches, under this subparagraph, 23-24.9-10(b)(2)(B), to the vehicle recycler or scrap recycling

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facility that removed the switch. shall be borne by the manufacturer or manufacturers. The total

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cost shall include, but not be limited to, the following:

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      (i) A a minimum of three dollars ($3.00) five dollars ($5.00) for each mercury switch

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removed by a vehicle recycler or by a scrap recycling facility, as partial compensation for the

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labor and other costs incurred in the removal of the mercury switch, to be paid to the vehicle

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recycler or the scrap recycling facility that removed the switch;.

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      (ii) One dollar ($1.00) for each mercury switch removed by a vehicle recycler or by a

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scrap recycling facility to be paid to the department as partial compensation to the department for

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costs incurred in administering and enforcing the provisions of this subchapter and providing

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services related thereto which may include but shall not be limited to:

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      Training;

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      Packaging in which to transport mercury switches to recycling, storage or disposal

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facilities;

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      Shipping of mercury switches to recycling, storage or disposal facilities;

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      Recycling, storage or disposal of the mercury switches;

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      Public education materials and presentations; and

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      Maintenance of appropriate systems and procedures to protect the environment from

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mercury contamination.

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      (3) The provisions of subdivision 23-24.9-10(b)(2) shall satisfy collection programs and

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disposal requirements for mercury switches for all motor vehicles sold in the state.

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     SECTION 2. This act shall take effect upon passage.

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LC03427

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- MERCURY REDUCTION AND EDUCATION

ACT

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     This act would eliminate the requirements of the collection program and would require

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the department to determine whether there was a failure to achieve the capture rate and publicly

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report their findings each March 31st.

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     This act would take effect upon passage.

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LC03427

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