BILL NUMBER: AB 1369	CHAPTERED
	BILL TEXT

	CHAPTER  626
	FILED WITH SECRETARY OF STATE  SEPTEMBER 21, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 21, 2004
	PASSED THE ASSEMBLY  AUGUST 27, 2004
	PASSED THE SENATE  AUGUST 23, 2004
	AMENDED IN SENATE  JULY 14, 2004
	AMENDED IN SENATE  JUNE 24, 2004
	AMENDED IN SENATE  JUNE 8, 2004
	AMENDED IN SENATE  AUGUST 26, 2003
	AMENDED IN SENATE  AUGUST 18, 2003
	AMENDED IN SENATE  JULY 22, 2003
	AMENDED IN SENATE  JULY 1, 2003
	AMENDED IN SENATE  JUNE 12, 2003
	AMENDED IN ASSEMBLY  MAY 7, 2003
	AMENDED IN ASSEMBLY  APRIL 21, 2003

INTRODUCED BY   Assembly Member Pavley

                        FEBRUARY 21, 2003

   An act to add Article 10.2.1(commencing with Section 25214.8.1) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating
to hazardous waste.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1369, Pavley.  Mercury-added thermostats.
   (1) Existing law, the California Mercury Reduction Act of 2001,
requires any mercury-containing vehicle light switch 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.  Existing law prohibits any person, except as
specified, from selling at retail or supplying a mercury fever
thermometer to a consumer or patient in the state, except by a
prescription.  Existing law also prohibits any person from
manufacturing, offering for sale or use, or distributing for
promotional purposes in this state a mercury-added novelty.  A
violation of the hazardous waste control laws is a crime.
   This bill would prohibit, on and after January 1, 2006, a person
from selling, offering to sell, or distributing for promotional
purposes, in this state, a mercury-added thermostat, as defined,
unless the mercury-added thermostat meets specified criteria.
   Since the requirements imposed by the bill would be a crime, the
bill would impose a state-mandated local program.
  (2) 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.  Article 10.2.1(commencing with Section 25214.8.1) is
added to Chapter 6.5 of Division 20 of the Health and Safety Code, to
read:

      Article 10.2.1.  Mercury-Added Thermostats

   25214.8.1.  (a) The Legislature finds and declares all of the
following:
   (1) Once mercury is released into the environment it can change to
methyl mercury, a highly toxic compound. Methyl mercury is easily
taken up in living tissue and bioaccumulates over time, causing
serious health effects, including neurological and reproductive
disorders in humans and wildlife.  Since mercury does not break down
in the environment, it has become a significant health threat to
humans and wildlife.
   (2) 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.
   (3) Increasingly stringent mercury discharge limits for wastewater
treatment plants make the identification and elimination of
unnecessary sources of mercury a critical task, because the cost of
mercury removal at a wastewater treatment plant is far greater than
the societal benefits of continuing use of mercury containing
products, as currently formulated.
   (4) Thermostats are among the largest remaining sources of mercury
in consumer products that can be legally sold in California.
   (5) Most thermostats contain 3,000 milligrams of mercury and have
a 35-year lifespan.
   (6) Mercury thermostats are hazardous waste when discarded, and on
and after January 1, 2006, all mercury thermostat wastes will be
prohibited from disposal in a solid waste landfill under the
regulations adopted pursuant to this chapter.
   (7) Economical alternatives to mercury thermostats are available
for commercial and residential applications.
   (b) For purposes of this article "mercury-added thermostat" means
a product or device that uses a mercury switch to sense and control
room temperature through communication with heating, ventilating, or
air-conditioning equipment.  A mercury-added thermostat includes
thermostats used to sense and control room temperature in
residential, commercial, industrial, and other buildings but does not
include a thermostat used to sense and control temperature as part
of a manufacturing process.
   25214.8.2.  On and after January 1, 2006, a person shall not sell,
offer to sell, or distribute for promotional purposes in this state,
a mercury-added thermostat, unless the mercury-added thermostat
meets either of the following criteria:
   (a) The thermostat will be used for manufacturing or industrial
purposes.
   (b) The thermostat will be used by a blind or visually impaired
person.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.