BILL NUMBER: AB 2943 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Pavley
FEBRUARY 20, 2004
An act to act to add Article 10.4.1 (commencing with Section
25214.50) to Chapter 6.5 of Division 20 of the Health and Safety
Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2943, as introduced, Pavley. Mercury pollution prevention.
(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 and
prohibits any school from purchasing, for use in the classroom,
specified devices and materials containing mercury, except measuring
devices. 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. A violation of the hazardous waste control laws is a
crime.
This bill would enact the "Mercury Pollution Prevention Act of
2004" and would prohibit any person, on and after June 1, 2005, from
offering a mercury-added product for final sale or use or
distributing a mercury-added product for promotional purposes in the
state, unless the manufacturer of the mercury-added product notifies
the department in writing. The bill would require the notification
to include specified information required by the department. The
bill would require the manufacturer to update and revise the
information in the notification whenever there is significant change
in the information or when requested by the department.
The bill would also prohibit a person from offering a
mercury-added product for final sale or use or distributing a
mercury-added product for promotional purposes if the mercury content
of the product exceeds specified limits, in accordance with a
schedule that would take effect January 1, 2006. The bill would
decrease the specified limits on and after January 1, 2007, and also
on and after January 1, 2008. The bill would exempt, from those
limits, a fluorescent lamp and a mercury-added product for which the
manufacturer submits a specified notification to the department that
the level of mercury or mercury compounds contained in the product is
required to comply with federal or state health or safety
requirements.
The bill would authorize a manufacturer of a mercury-added product
to apply to the department for an exemption from the mercury-content
limits for not more than 2 years, pursuant to a specified procedure.
The bill would require the manufacturer to pay a fee set by the
department to pay for the costs of reviewing and approving an
exemption. The bill would require the department to deposit the fee
in the Hazardous Waste Control Account and would authorize the
department to expend the fee revenues, upon appropriation by the
Legislature, to review and approve an exemption. The bill would
authorize the department to grant a manufacturer an exemption from
those concentration limits, if the department makes certain findings.
The department would also be authorized to renew an exemption upon
the reapplication by the manufacturer and a finding by the department
that the mercury-added product meets the eligibility criteria and
the manufacturer is in compliance with the conditions of its original
exemption.
The bill would prohibit any person from offering a mercury-added
product for final sale or use or distributing a mercury-added product
for promotional purposes in the state unless all of the mercury
added to the product comes from recycled mercury.
The bill would also prohibit any person, on and after January 1,
2006, from offering for sale, or distributing for promotional
purposes, a mercury-added product manufactured after January 1, 2006,
unless both the product and its packaging are labeled, in accordance
with the regulations adopted by the department.
The bill would authorize the department to join the Interstate
Mercury Education and Reduction Clearinghouse (IMERC) to assist in
carrying out the requirements of the bill.
Since a violation of the requirements and prohibitions of 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 10.4.1 (commencing with Section 25214.50) is
added to Chapter 6.5 of Division 20 of the Health and Safety Code, to
read:
Article 10.4.1. Mercury Pollution Prevention Act of 2004
25214.50. This article shall be known, and may be cited, as the
"Mercury Pollution Prevention Act of 2004."
25214.51. (a) The Legislature finds and declares all of the
following:
(1) Mercury is a persistent and toxic pollutant that
bioaccumulates in the environment and in the food chain.
(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) By participating in already-existing interstate collaborative
efforts, the state can pursue a pollution prevention approach to
mercury reduction in the most cost-effective manner.
(b) This article does not apply to any of the following:
(1) A major appliance subject to Article 10.1 (commencing with
Section 25211).
(2) A mercury-containing motor vehicle light switch subject to
Article 10.2 (commencing with Section 25214.5).
(3) A package, packaging component, or product subject to Article
10.3 (commencing with Section 25214.11).
(4) A dry cell battery subject to Division 12.2 (commencing with
Section 15000) of the Public Resources Code.
(5) A mercury-added novelty or mercury fever thermometer subject
to Chapter 5 (commencing with Section 15025) of Division 12.2 of the
Public Resources Code.
25214.52. For purposes of this article, the following definitions
apply:
(a) "Fabricated mercury-added product" means a mercury-added
product that consists of a combination of individual components that
combine to make a single unit, including, but not limited to, a
mercury-added measuring device, lamp, or switch.
(b) "Formulated mercury-added product" means a mercury-added
product that is a chemical product, including, but not limited to, a
laboratory chemical, cleaning product, cosmetic, pharmaceutical, or
coating material, that is sold as a consistent mixture of chemicals.
(c) "IMERC" means the Interstate Mercury Education and Reduction
Clearinghouse, which is an umbrella organization designed to assist
states in their implementation of mercury reduction laws and programs
to remove mercury from consumer products, the waste stream, and the
environment.
(d) "Manufacturer" means any person, firm, association,
partnership, corporation, governmental entity, organization,
combination, or joint venture that produces a mercury-added product
in this state or a person who distributes a mercury-added product in
this state. For purposes of this article, if the product is a
multicomponent mercury-added product, "manufacturer" means the last
manufacturer to produce or assemble the product in this state and if
the multicomponent product is not produced in this state,
"manufacturer" means the person who distributes the product in this
state.
(e) "Mercury-added product" or "product" means a product,
commodity, chemical, or a product with a component that contains
mercury or a mercury compound intentionally added to the product,
commodity, chemical, or component to provide a specific
characteristic, appearance, or quality or to perform a specific
function or for any other reason. "Mercury-added product" includes
both a formulated mercury-added product and a fabricated
mercury-added product.
25214.53. The department may join the Interstate Mercury
Education and Reduction Clearinghouse (IMERC) to assist the
department in carrying out the requirements of this act.
25214.54. (a) Except as provided in subdivision (b), on and after
June 1, 2005, a person shall not offer a mercury-added product for
final sale or use in this state, or distribute a mercury-added
product for promotional purposes in the state, unless the
manufacturer of the mercury-added product notifies the department in
writing in accordance with this section. The notice provided by the
manufacturer shall include the information required by the
department, including, but not limited to, all of the following
information:
(1) A brief description of the mercury-added product to be offered
for sale, use, or distribution.
(2) The amount of and purpose for mercury in each unit of the
mercury-added product.
(3) The total amount of mercury contained in all mercury-added
products manufactured by the manufacturer.
(4) The name and address of the manufacturer, and the name,
address, and telephone number of a contact.
(b) If a federal law that regulates a mercury-added product
subject to this section preempts the state from requiring a notice
requirement pursuant to this section, the mercury-added product is
exempt from this section.
(c) (1) The department may authorize a manufacturer to supply the
information required by subdivision (a) for a category of
mercury-added product, instead of an individual mercury-added
product.
(2) A manufacturer shall update and revise the information in the
notification required by this section whenever there is significant
change in the information or when requested to do so by the
department.
(3) The department may adopt regulations to define specific
requirements for the content and submission of the notification
required by this section.
25214.55. (a) Except as provided in this section, a person shall
not offer a mercury-added product for final sale or use in the state
or distribute a mercury-added product for promotional purposes in the
state if the mercury content of the product exceeds any of the
following limits, in accordance with the following schedule:
(1) On and after January 1, 2006, until December 31, 2006, one
gram (1000 milligrams), if the mercury-added product is a
mercury-added fabricated product and 250 parts per million (ppm), if
the mercury-added product is a mercury-added formulated product.
(2) On and after January 1, 2007, until December 31, 2007, 100
milligrams if the mercury-added product is a mercury-added fabricated
product and 50 parts per million (ppm) if the mercury-added product
is a mercury-added formulated product.
(3) On and after January 1, 2008, 10 milligrams if the
mercury-added product is a mercury-added fabricated product and 10
parts per million (ppm) if the mercury-added product is a
mercury-added formulated product.
(b) If a product subject to this section contains one or more
mercury-added products as a component, the limits on total mercury
content specified in subdivision (a) apply only to each component
part and not to the entire product.
(c) If a product contains more than one mercury-added product as a
component, the limits on total mercury content specified in
subdivision (a) apply individually to each component and not to the
sum of the mercury in all of the components.
(d) Both of the following mercury-added products are exempt from
this section:
(1) A fluorescent lamp.
(2) (A) A mercury-added product for which the manufacturer submits
the notification required in subparagraph (B) that the level of
mercury or mercury compounds contained in the product is required to
comply with federal or state health or safety requirements.
(B) A manufacturer requesting an exemption pursuant to
subparagraph (A) shall notify the department, in writing, and provide
satisfactory evidence for the claim of exemption.
(e) (1) A manufacturer of a mercury-added product may apply to the
department for an exemption for not more than two years from the
limits on total mercury content set forth in subdivision (a), for a
mercury-added product or category of products, pursuant to this
subdivision.
(2) An application for an exemption pursuant to this subdivision
shall include all of the following information:
(A) Documentation for the basis for the requested exemption or
renewal of exemption.
(B) A description of how the manufacturer will ensure that a
system exists for the proper collection, transportation, and
processing of the mercury-added product at the end of its useful
life.
(C) Documentation of the readiness of all necessary parties to
perform as intended in the planned system.
(3) The manufacturer shall pay a fee set by the department to pay
for the costs of reviewing and approving an exemption. The
department shall deposit the fee in the Hazardous Waste Control
Account and may expend the fee revenues, upon appropriation by the
Legislature, to review and approve an exemption.
(f) The department may grant an exemption pursuant to subdivision
(e), with any modification or condition deemed necessary by the
department, for a mercury-added product or a category of
mercury-added products, if the department makes all of the following
findings:
(1) The department finds that a system exists for the proper
collection, transportation, and processing of the mercury-added
product. This system may include, but is not limited to, a direct
return of a waste product to the manufacturer, an industry or trade
group supported collection and recycling system, or another similar
private or public sector effort.
(2) The department finds all of the following criteria are met:
(A) The use of the mercury-added product is beneficial to the
environment or protective of public health or protective of public
safety.
(B) There is no technically feasible alternative to the use of
mercury in the mercury-added product.
(C) There is no comparable non-mercury-added product available at
reasonable cost.
(g) Before issuing an exemption pursuant to subdivision (f), the
department shall consult with IMERC to promote consistency. The
department shall avoid, to the extent feasible, inconsistency in the
implementation of this section.
(h) The department may renew an exemption issued pursuant to
subdivision (f), upon the reapplication by the manufacturer and a
finding by the department that the mercury-added product meets the
eligibility criteria specified in subdivision (f) and a finding that
the manufacturer is in compliance with the conditions of the original
exemption. The department may renew an exemption one or more times
and each renewal may be for a period not longer than two years.
25214.56. A person may not offer a mercury-added product for
final sale or use in this state or distribute a mercury-added product
for promotional purposes in this state unless all of the mercury
added to the product comes from recycled mercury.
25214.57. (a) On and after January 1, 2006, a person may not
offer a mercury-added product manufactured after January 1, 2006, for
sale or use in this state, or distribute for promotional purposes in
this state a mercury-added product manufactured after January 1,
2006, unless both the product and its packaging are labeled in
accordance with the regulations adopted by the department.
(b) A manufacturer is in compliance with the requirements of this
section if the manufacturer is in compliance with the labeling
requirements of another state, if that state is a member of IMERC.
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.