BILL NUMBER: SB 633 CHAPTERED
BILL TEXT
CHAPTER 656
FILED WITH SECRETARY OF STATE OCTOBER 10, 2001
APPROVED BY GOVERNOR OCTOBER 9, 2001
PASSED THE SENATE SEPTEMBER 14, 2001
PASSED THE ASSEMBLY SEPTEMBER 13, 2001
AMENDED IN ASSEMBLY SEPTEMBER 12, 2001
AMENDED IN ASSEMBLY SEPTEMBER 10, 2001
AMENDED IN ASSEMBLY JULY 2, 2001
AMENDED IN SENATE APRIL 19, 2001
INTRODUCED BY Senator Sher
(Coauthors: Assembly Members Chu, Cohn, Jackson, and Lowenthal)
FEBRUARY 22, 2001
An act to amend Section 25212 of, and to add Article 10.2
(commencing with Section 25214.5) to Chapter 6.5 of Division 20 of,
the Health and Safety Code, and to amend the heading of Division 12.2
(commencing with Section 15000) of, to amend Section 42175.1 of, to
add Chapter 5 (commencing with Section 15025) to Division 12.2 of,
and to repeal Section 42176 of, the Public Resources Code, relating
to mercury.
LEGISLATIVE COUNSEL'S DIGEST
SB 633, Sher. Hazardous and solid waste: mercury.
(1) Existing law prohibits the management of hazardous waste,
except in accordance with the hazardous waste laws, including laws
governing the removal of hazardous waste from a major appliance, as
defined. A violation of the hazardous waste control laws is a crime.
This bill would enact the California Mercury Reduction Act of
2001.
The bill would require any mercury-containing vehicle light
switch, as defined, that is removed from a vehicle to be subject to
the regulations adopted by the Department of Toxic Substances Control
regarding the management of universal waste and other applicable
regulations, and would require the department to take specified
actions with regard to the safe removal and disposal of those
switches. Since a violation of these requirements would be a crime,
the bill would impose a state-mandated local program. The department
would be required to submit a specified report, by January 1, 2004,
to the Legislature regarding these requirements.
(2) Existing law, the Dry Cell Battery Management Act, regulates
the sale of specified batteries and, among other things, prohibits
the sale of dry cell batteries containing specified amounts of
mercury.
The bill would prohibit any person, except as specified, on and
after July 1, 2002, from selling at retail or supplying a mercury
fever thermometer, as defined, to a consumer or patient in the state,
except by a prescription. The act would also prohibit any person,
on and after January 1, 2003, from manufacturing, offering for sale
or use, or distributing for promotional purposes in this state a
mercury-added novelty, as defined. The act would also prohibit any
school from purchasing, for use in the classroom, specified devices
and materials containing mercury, except measuring devices for use in
school laboratories. The bill would prohibit the sale of a vehicle,
after January 1, 2005, containing a mercury-containing vehicle light
switch.
The bill would provide that a violation regarding mercury-added
novelties is a misdemeanor, thereby imposing a state-mandated local
program.
(3) Under existing law, the California Integrated Waste Management
Act of 1989, administered by the California Integrated Waste
Management Board, materials that require special handling are defined
to include, among other things, mercury found in switches and
temperature control devices in major appliances. These materials are
required to be removed from major appliances and from vehicles in
which they are contained prior to crushing for transport or
transferring to a baler or shredder for recycling. Existing law
requires any hazardous material that becomes a hazardous waste when
released or removed from a major appliance to be managed pursuant to
specified hazardous waste control requirements regarding discarded
appliances.
This bill would additionally require any mercury-containing motor
vehicle light switch that becomes a hazardous waste when released or
removed from a vehicle to be managed pursuant to the requirement
regarding mercury-containing vehicle light switches that would be
added by this bill. The bill would also provide that a failure to
comply with those removal provisions is a violation of the hazardous
waste control laws, thereby imposing a state-mandated local program
by creating new crimes. The bill would require the department and
specified local agencies to enforce these removal requirements.
(4) Existing law requires the board to develop and submit to the
Legislature, on or before January 1, 1993, a management plan for the
removal of materials that require special handling from major
appliances and vehicles.
This bill would repeal the above provision.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
California Mercury Reduction Act of 2001.
SEC. 2. The Legislature finds and declares all of the following:
(a) Mercury is a persistent and toxic pollutant that
bioaccumulates in the environment and in the food chain.
(b) Due to the bioaccumulation of mercury and other contaminants
in fish, the California Environmental Protection Agency has issued a
warning advising that adults and women who are pregnant or who may
become pregnant should limit their fish intake from several state
waterways.
(c) Increasingly stringent mercury discharge limits for wastewater
treatment plants make identification and elimination of unnecessary
sources of mercury a critical task where the cost of mercury removal
at a wastewater treatment plant is far greater than the societal
benefits of continuing use of those products as currently formulated.
(d) The mercury in one fever thermometer is enough to contaminate
more than 200 million gallons of water.
(e) There are accurate and safe alternatives to mercury fever
thermometers that are readily available and comparable in cost.
(f) Each year, fever thermometers containing an estimated 17 tons
of mercury are discarded to municipal solid waste in the United
States.
(g) An estimated 130 to 180 tons of mercury are in the hood and
trunk switches of automobiles currently in use or at automotive
recycling yards throughout the United States.
(h) Mercury from consumer products can enter the environment, and
ultimately the state's waterways, directly through vaporization or
spillage when broken during use, transportation, or disposal.
(i) Any person or business engaged in the dismantling or crushing
of motor vehicles is encouraged to remove mercury-containing motor
vehicle light switches that are mounted on the hood or trunk of the
vehicle, including any housing of the switch.
SEC. 3. Section 25212 of the Health and Safety Code is amended to
read:
25212. (a) Any person who, pursuant to Section 42175 of the
Public Resources Code, removes from a major appliance any material
that requires special handling, that is a hazardous waste under this
chapter, is a hazardous waste generator and shall comply with all
provisions of this chapter applicable to generators of hazardous
waste.
(b) All materials that require special handling that have been
removed from a major appliance pursuant to Section 42175 of the
Public Resources Code, and that are hazardous wastes, shall be
managed in accordance with this chapter.
(c) Any person who fails to comply with the requirements of
Section 42175 of the Public Resources Code is in violation of this
chapter.
(d) (1) The department or a local health officer or other public
officer authorized pursuant to Article 8 (commencing with Section
25180), including, when applicable, a certified unified program
agency (CUPA) or a unified program agency within the jurisdiction of
a CUPA, shall incorporate both of the following into the existing
inspection and enforcement activities of the department or the local
health officer or other public officer:
(A) The regulation of materials that require special handling
that, when removed from a major appliance, is hazardous waste.
(B) The enforcement of the requirements of Section 42175 of the
Public Resources Code.
(2) The department, local health officers, or other public
officers shall coordinate their activities as needed to identify and
regulate materials that require special handling that, when removed
from major appliances, are hazardous wastes that are transported from
one jurisdiction to another.
SEC. 4. Article 10.2 (commencing with Section 25214.5) is added to
Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article 10.2. Motor Vehicle Switches
25214.5. For purposes of this article, "mercury-containing motor
vehicle light switch" means any motor vehicle light switch found in
the hood or trunk of a motor vehicle that contains mercury.
25214.6. Any mercury-containing motor vehicle light switch
removed from a motor vehicle is subject to Chapter 23 (commencing
with Section 66273.1) of Division 4.5 of Title 22 of the California
Code of Regulations, and any other applicable regulation adopted by
the department pursuant to this chapter, including, but not limited
to, standards for the handling of hazardous waste, standards for
destination facilities, requirements for the tracking of universal
waste shipments, import requirements, and the regulations governing
different products.
25214.7. The department shall do all of the following:
(a) Coordinate with local agencies to provide technical assistance
to businesses engaged in the dismantling or crushing of motor
vehicles concerning the safe removal and proper disposal of
mercury-containing light switches from motor vehicles, including
information about vehicle makes and models that contain mercury light
switches and entities that provide mercury recycling services.
(b) Coordinate and encourage entities, such as associations
representing motor vehicle repair shops, to offer to the public the
replacement and recycling of mercury-containing motor vehicle light
switches.
(c) Make available to the public information concerning services
to replace and recycle mercury-containing motor vehicle light
switches.
25214.8. On or before January 1, 2004, the department shall
report to the appropriate policy and fiscal committees of the
Legislature on both of the following:
(a) The success of efforts to remove mercury-containing vehicle
light switches from vehicles pursuant to Section 25214.6.
(b) Compliance with the requirement to remove mercury-containing
appliance switches pursuant to Section 42175 of the Public Resources
Code.
SEC. 5. The heading of Division 12.2 (commencing with Section
15000) of the Public Resources Code is amended to read:
DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS
SEC. 6. Chapter 5 (commencing with Section 15025) is added to
Division 12.2 of the Public Resources Code, to read:
CHAPTER 5. CONSUMER PRODUCTS CONTAINING MERCURY
15025. For purposes of this article, the following terms have the
following meanings:
(a) "Mercury-added novelty" means a mercury-added product intended
mainly for personal or household enjoyment or adornment. A
"mercury-added novelty" includes, but is not limited to, any item
intended for use as a practical joke, figurine, adornment, toy, game,
card, ornament, yard statue or figure, candle, jewelry, holiday
decoration, and item of apparel, including footwear.
(b) "Mercury fever thermometer" means a mercury-added product that
is used for measuring body temperature. Mercury fever thermometer
does not include a digital thermometer that uses mercuric oxide
button cell batteries.
(c) "School" means any school used for the purpose of the
education of more than 12 children in kindergarten or any of grades 1
to 12, inclusive.
15026. (a) On and after July 1, 2002, no person, other than a
person licensed pursuant to Article 9 (commencing with Section 4140)
of Chapter 9 of Division 2 of the Business and Professions Code, may
sell at retail, or otherwise supply, a mercury fever thermometer to a
consumer or patient in this state. A mercury fever thermometer may
be sold at retail, or otherwise supplied to a consumer or patient
only upon the prescription of a physician, dentist, veterinarian, or
podiatrist. A mercury fever thermometer sold at retail shall be
accompanied by clear written instructions concerning careful handling
to avoid breakage and proper cleanup should breakage occur.
(b) A violation of subdivision (a) is a violation of the
requirements of Chapter 9 (commencing with Section 4000) of Division
2 of the Business and Professions Code and the California State Board
of Pharmacy shall enforce the requirements of subdivision (a) in
accordance with Chapter 9.
15027. (a) On and after January 1, 2003, no person shall
manufacture, offer for final sale or use, or distribute for
promotional purposes in this state, a mercury-added novelty, if the
manufacturer, seller, or distributor knows, or has reason to know,
that the product contains mercury. A person who manufactures or
distributes any mercury-added novelty shall notify each retailer
regarding the requirements of this section and how to dispose of the
remaining inventory in accordance with Chapter 6.5 (commencing with
Section 25100) of Division 20 of the Health and Safety Code.
(b) A violation of subdivision (a) is a violation of Article 2
(commencing with Section 108550) of Chapter 5 of Part 3 of Division
104 of the Health and Safety Code and, for purposes of that article,
"mercury-added novelties" shall be deemed to be toys. The State
Department of Health Services may take action against mercury-added
novelties in the same manner as it is authorized to take action
against toys, except that a violation of subdivision (a) is a
misdemeanor punishable by a fine not to exceed one thousand dollars
($1,000) for each violation, or by imprisonment in the county jail
for a period not to exceed one year, or by both that fine and
imprisonment.
15028. No school in this state shall purchase, for use in the
classroom, elemental mercury, mercury compounds, or mercury-added
laboratory measurement devices, chemicals, and related materials,
except measuring devices used in school laboratories for which the
school district determines no adequate substitute exists.
15029. No person may sell or offer for sale in this state a
vehicle manufactured on or after January 1, 2005, that contains a
mercury-containing motor vehicle light switch, as defined in Section
25214.5 of the Health and Safety Code, mounted on the hood or trunk.
SEC. 7. Section 42175.1 of the Public Resources Code is amended to
read:
42175.1. (a) Any hazardous material that becomes a hazardous
waste when released or removed from any major appliance shall be
managed pursuant to Article 10.1 (commencing with Section 25211) of
Chapter 6.5 of Division 20 of the Health and Safety Code.
(b) Any mercury-containing motor vehicle light switch that becomes
a hazardous waste when released or removed from any vehicle shall be
managed pursuant to Article 10.2 (commencing with Section 25214.5)
of Chapter 6.5 of Division 20 of the Health and Safety Code.
(c) Failure to comply with the requirements of Section 42175 is a
violation of Chapter 6.5 (commencing with Section 25100) of Division
20 of the Health and Safety Code.
SEC. 8. Section 42176 of the Public Resources Code is repealed.
SEC. 9. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.