REVISED DISCUSSION DOCUMENT:
MERCURY EDUCATION AND REDUCTION MODEL ACT
Prepared by the Northeast Waste Management Officials' Association
In June 1998 the Conference of the New England Governors and Eastern
Canadian Premiers endorsed a Regional Mercury Action Plan that included
a recommendation to
As part of the regional effort to implement these recommendations, the
Northeast Waste Management Officials' Association (NEWMOA) has drafted
a discussion document in the form of model legislation (see below).
"reduce/eliminate the use of mercury in medical and consumer products to
the extent feasible;
identify and implement source reduction programs and develop model legislation;
draft model legislation implementing coordinated labeling and manufacturer
take-back programs to help consumers identify products containing mercury
and how to properly dispose of them;
eliminate the use of mercury in school science programs through initiation
of programs and/or legislation; and
adopt measures to curtail the sale of elemental mercury."
The intent of this document is to help address the Mercury Action Plan
goal of the "virtual elimination of the discharge of anthropogenic mercury
into the environment." Therefore, NEWMOA intentionally designed this draft
model legislation as a comprehensive package of provisions.
As a synthesis of numerous complementary approaches, the model provides
a comprehensive framework to help states in the region develop more consistent
approaches to managing mercury containing wastes. Such a regional approach
has been proven successful in other areas, particularly the states' experience
with toxics in packaging legislation passed in the early 1990s. By sharing
their experiences and expertise the states can avoid duplication of efforts
and research, thereby saving time and money. Product manufacturers can
also benefit from having more consistent requirements throughout the region.
The draft model includes provisions and concepts that reflect current
efforts to reduce mercury in waste streams. The designers do not view the
model as a set of provisions that must all be enacted together or at the
same time. The model is designed to present a flexible set of concepts
from which the states can choose those that meet their jurisdictional priorities.
However, it is important that states implement their efforts as consistently
as possible across the region.
NEWMOA developed this discussion document and policy concepts for consideration
by the states in the Northeast. These concepts may also be useful as models
for other jurisdictions and for efforts at the national level.
Most of the elements in the model have already been included in legislation
adopted or proposed in one or more states. The following provides a guide
to the states that have proposed or passed sections of the draft bill:
||Interstate Clearinghouse: Same as Section 7
||Notification: Modeled after proposed legislation in Vermont
||Restrictions on Sale of Certain Mercury-added Products: Modeled
after legislation enacted in Minnesota
||Phase-out and Exemptions: Modeled after the Toxics in Packaging
legislation that has been enacted by 18 states, including almost all of
the Northeast states, and several foreign countries.
||Labeling of Mercury-added Products: Modeled after legislation
enacted in Vermont, with modifications based on proposals from Vermont
DEC. Mercury labeling legislation has been enacted by Minnesota, and Connecticut
was authorized to develop labeling regulations. Similar legislation has
been proposed in Massachusetts and Maine.
||Disposal Ban: Modeled after legislation enacted in Minnesota.
||Collection of the Existing Inventory of All Banned or Phased-Out
Mercury-added Products: Modeled after legislation proposed in Massachusetts.
||Disclosure for Mercury Containing Formulated Products That Are Used
in Health Care Facilities: Modeled after legislation proposed in Massachusetts
and drafted in consultation with health care facilities and the Massachusetts
Water Resources Authority.
||Limitations on the Use of Elemental Mercury: Modeled after legislation
enacted in Minnesota.
Stakeholder Meetings and Review
NEWMOA organized a stakeholder meeting in January 1999 in Connecticut
to elicit ideas and suggestions from representatives of various stakeholder
groups, including manufacturers, trade associations, environmental organizations,
local and state government agencies, solid waste management firms, community
groups, and others for the model legislation. From January to October 1999,
a workgroup of state environmental agency representatives facilitated by
NEWMOA took the ideas discussed at this stakeholder meeting and drafted
the "Discussion Document: Draft Model Act to Reduce Mercury Containing
Waste." This Discussion Document was released to stakeholders and on the
Internet (www.newmoa.org) in November 1999.
NEWMOA held two Public Meetings in December 1999 in Massachusetts and
New Hampshire to hear comments and suggestions from stakeholders, including
manufacturers, trade associations, environmental organizations, local and
state government agencies, solid waste management firms, community groups,
and others on the draft Discussion Document. In January 2000 NEWMOA posted
a summary of the verbal comments from these meetings on the Internet (www.newmoa.org).
NEWMOA also received over 300 pages of written comments on the Discussion
Document from December 1999 through January 2000.
NEWMOA's Mercury Workgroup reviewed the written and verbal comments
and made revisions to the Discussion Document from January through April
2000. At the same time the Mercury Workgroup prepared a Response to Comments
paper and a summary of the revisions.
Section 1. An Act Concerning Mercury Education and Reduction
Section 2. The legislature finds and declares that:
a. Mercury is a persistent and toxic pollutant that bioaccumulates
in the environment.
b. According to recent studies, mercury deposition is a significant
problem in the Northeast.
c. Consumption of mercury-contaminated freshwater fish poses a significant
public health threat.
d. Because of this threat, all of the Northeastern states have issued
freshwater fish advisories, warning certain individuals against consuming
fish from affected water bodies.
e. Studies have documented that exposure to the elevated levels of mercury
in the environment has resulted in serious harm to fish-consuming wildlife.
f. Combustion of municipal and other solid waste is a major source
of mercury in the Northeast.
g. At least one recent study has raised concern about potential emissions
of mercury during the transportation and storage of solid waste.
h. Removal of mercury containing products from the waste stream prior
to combustion is an effective way to reduce mercury at solid waste management
i. The Governors of the New England States and the Premiers of the Eastern
Canadian Provinces have endorsed a regional goal of "the virtual elimination
of the discharge of anthropogenic mercury into the environment."
j. Manufacturers of certain mercury-added products, such as thermostats,
have established successful "take back" programs for properly managing
the products at the end of their useful life.
k. A visible label on the product and/or its packaging increases effective
consumer education, encourages informed purchasing, and bolsters participation
in programs designed to separate, collect, and properly manage or recycle
l. Accidental mercury spills, breakages, and releases have occurred
at schools throughout the Northeast. These incidences have proven costly
to clean-up and have exposed students, teachers, and/or administrators
to mercury emissions.
m. Health care facilities, educational and research institutions, and
businesses have also experienced significant employee exposures and incurred
significant costs due to accidental mercury releases.
n. State procurement of environmentally responsible products can improve
the markets for those products, including low or non-mercury-added products
and energy efficient products.
o. The intent of this Act is to achieve significant reductions in environmental
mercury by encouraging the establishment of effective state and local waste
reduction, recycling, and management programs while continuing to spur
Section 3. Definitions
"Health care facility" means: any hospital, nursing home, extended
care facility, long-term care facility, clinical or medical laboratory,
state or private health or mental institution, clinic, physician's office,
or health maintenance organization.
"Formulated mercury-added product" means: a chemical product,
including but not limited to laboratory chemicals, cleaning products, cosmetics,
pharmaceuticals, and coating materials, that are sold as a consistent mixture
"Fabricated mercury-added product" means: a product that consists
of a combination of individual components that combine to make a single
unit, including but not limited to mercury-added measuring devices, lamps,
"Mercury-added 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 in
order to provide a specific characteristic, appearance, or quality or to
perform a specific function or for any other reason. These products include
formulated mercury-added products and fabricated mercury-added products.
"Mercury fever thermometer" means: a mercury-added product that
is used for measuring body temperature.
"Mercury-added novelty" means: a mercury-added product intended
mainly for personal or household enjoyment or adornment. Mercury-added
novelties include, but are not limited to, items intended for use as practical
jokes, figurines, adornments, toys, games, cards, ornaments, yard statues
and figures, candles, jewelry, holiday decorations, items of apparel (including
footwear), or similar products.
"Manufacturer" means: any person, firm, association,
partnership, corporation, governmental entity, organization, combination,
or joint venture which produces a mercury-added product or an importer
or domestic distributor of a mercury-added product produced in a foreign
country. In the case of a multi-component mercury-added product, the manufacturer
is the last manufacturer to produce or assemble the product. If the multi-component
product is produced in a foreign country, the manufacturer is the importer
or domestic distributor.
Section 4. Interstate Clearinghouse
The [responsible administrative agency] is authorized to participate
in the establishment and implementation of a regional, multi-state clearinghouse
to assist in carrying out the requirements of this Act and to help coordinate
reviews of the manufacturers' notifications regarding mercury-added products,
applications for phase-out exemptions, the collection system plans, the
disclosures of mercury content, applications for alternative labeling/notification
systems, education and outreach activities, and any other related functions.
The clearinghouse may also maintain a list of all products containing mercury,
including mercury-added products; a file on all exemptions granted by the
states; a file of all the manufacturers reports on the effectiveness of
their collection systems; and a file of the certificates of analysis for
certain products containing mercury used by health care facilities as defined
in Section 12 of this Act.
Section 5. Notification
i A brief description
of the product to be offered for sale, use, or distribution,
After six months from the effective date of this Act no mercury-added product
shall be offered for final sale or use or distributed for promotional purposes
in [jurisdiction] without prior notification in writing by the manufacturer
of the product to the [responsible administrative agency] in accordance
with the requirements of this section. Such notification shall at a minimum
ii The amount of and
purpose for mercury in each unit of the product,
iii The total amount
of mercury contained in all products manufactured by the manufacturer,
iv The name and address
of the manufacturer, and the name, address and phone number of a contact.
Section 6. Restrictions on the Sale of Certain Mercury-added Products
Any mercury-added product for which federal law governs notice in a manner
that preempts state authority shall be exempt from the requirements of
With the approval of the [responsible administrative agency], the manufacturer
may supply the information required above for a product category rather
than an individual product. The manufacturer shall update and revise the
information in the notification whenever there is significant change in
the information or when requested by the [responsible administrative agency].
The [responsible administrative agency] may define and adopt specific requirements
in accordance with [state administrative and public participation requirements]
for the content and submission of the required notification.
Public disclosure of confidential business information submitted to the
[responsible administrative agency] pursuant to this section shall be governed
by the requirements of the [state's freedom of information act]. Notwithstanding
the requirements of the [state's freedom of information act] the state
may provide the interstate clearinghouse with copies of such information
and the [responsible administrative agency] and the interstate clearinghouse
may compile or publish analyses or summaries of such information provided
that the analyses or summaries do not identify any manufacturer or reveal
any confidential information.
Section 7. Phase-out and Exemptions
No later than one year after the adoption of this Act no mercury-added
novelty shall be offered for final sale or use or distributed for promotional
purposes in [jurisdiction]. Manufacturers that produce and sell mercury-added
novelties must notify retailers about the provisions of this product ban
and how to dispose of the remaining inventory properly. The requirements
of this section shall apply to all mercury-added novelties irrespective
of whether or not the product is exempt from the phase-out requirements
of section 7.
Six months after adoption of this Act, a person may not sell or supply
mercury fever thermometers to consumers and patients, except by prescription.
The manufacturers of mercury fever thermometers must, in addition to providing
notice of mercury content and instructions on proper disposal, supply clear
instructions on the careful handling of the thermometer to avoid breakage
and on proper cleanup should a breakage occur. Mercury fever thermometer
manufacturers must also comply with Section 5, 7, 8, 9, and 10 of this
Within one year of the adoption of this Act, no school in [jurisdiction]
may use or purchase for use in a primary or secondary classroom, bulk elemental
or chemical mercury or mercury compounds. Manufacturers that
produce and sell such materials must notify retailers about the provisions
of this ban and how to dispose of the remaining inventory properly. Other
mercury-added products that are used by schools are not subject to this
No later than one year after the adoption of this Act no mercury dairy
manometers shall be offered for final sale or use or distributed for promotional
purposes in [jurisdiction]. Manufacturers that produce and sell mercury
dairy manometers must notify retailers about the provisions of this product
ban and how to dispose of the remaining inventory properly. The [responsible
administrative agency] in consultation with the [jurisdiction's agriculture
agency] shall examine the feasibility of implementing a collection and
replacement program for dairy manometers.
Section 8. Labeling of Mercury-Added Products
No mercury-added product shall be offered for final sale or use or distributed
for promotional purposes in [jurisdiction] if the mercury content of the
1 gram (1000 milligrams) for mercury-added fabricated products or 250 parts
per million (ppm) for mercury-added formulated products, effective two
years from the date of this Act;
100 milligrams for mercury-added fabricated products or 50 parts per million
(ppm) for mercury-added formulated products, effective four years from
the date of this Act; and
10 milligrams for mercury-added fabricated products or 10 parts per million
(ppm) for mercury-added formulated products, effective six years from the
date of this Act.
For a product that contains one or more mercury-added products as a component,
this section is applicable to each component part or parts and not to the
entire product. For example if an iron has a mercury switch, the phase-out
applies to the switch and not the entire iron.
For a product that contains more than one mercury-added products as a component,
the phase out limits specified in subsection "a" apply to each component
and not the sum of the mercury in all of the components. For example, a
car can contain mercury-added switches and lighting-- the phase-out limits
would apply to each component separately, and not the combined total of
mercury in all of the components.
Fluorescent lamps shall be exempt from the requirements of subsection "a."
Eight years from the effective date of this Act the mercury content of
flourescent bulbs must either not exceed 10 milligrams or the manufacturer
must comply with the exemption requirements pursuant to subsection (f).
A mercury-added product shall be exempt from the limits on total mercury
content set forth in subsection "a" if the level of mercury or mercury
compounds contained in the product are required in order to comply with
federal or state health or safety requirements. In order to claim exemption
under this section the manufacturer must notify, in writing, the [responsible
administrative agency] and provide the legal justification for the claim
Prior to issuing an exemption the [responsible administrative agency] shall
consult with neighboring states and provinces and regional organizations
to promote consistency. The state shall avoid to the extent feasible inconsistencies
in the implementation of this section. Upon re-application by the manufacturer
and findings by the [responsible administrative agency] of continued eligibility
under the criteria of this subsection and of compliance by the manufacturer
with the conditions of its original approval, an exemption may be renewed
one or more times and each renewal may be for a period of no longer than
Manufacturers of a mercury-added product may apply to the [responsible
administrative agency] for an exemption for no more than two years from
the limits on total mercury content set forth in subsection "a" for a product
or category of products.
Applications for exemptions must: (1) document the basis for the requested
exemption or renewal of exemption; (2) describe how the manufacturer will
ensure that a system exists for the proper collection, transportation,
and processing of the product(s) at the end of their useful life; and (3)
document the readiness of all necessary parties to perform as intended
in the planned system.
The [responsible administrative agency] may grant with modifications or
conditions an exemption for a product or category of products if:
(a) it finds that a system exists for the proper collection, transportation,
and processing of the mercury-added product. Such a system may include
direct return of a waste product to the manufacturer or an industry or
trade group supported collection and recycling system, or other similar
private and public sector efforts; and (b) it finds each of the following
criteria are met:
use of the product is beneficial to the environment or protective of public
health or protective of public safety, and
there is no technically feasible alternative to use of mercury in the product;
there is no comparable non-mercury-added product available at reasonable
Section 9. Disposal Ban and Proper Management of Mercury Scrap Metal
No mercury-added product manufactured after two years from the effective
date of this Act shall be offered for final sale or use or distributed
for promotional purposes in [jurisdiction] unless both the product and
its packaging are labeled in accordance with this section, any adopted
rules, or the terms of any approved alternative labeling or notification
granted under subsection "h." A retailer may not be found in violation
of this subsection if the retailer lacked knowledge that the product contained
Where a mercury-added product is a component of another product, the product
containing the component and the component must both be labeled. The label
on a product containing a mercury-added component shall identify the component
with sufficient detail so that it may be readily located for removal.
All labels must be clearly visible prior to sale and must inform the purchaser,
using words or symbols, that mercury is present in the product and that
the product should not be disposed of or placed in a waste stream destined
for disposal until the mercury is removed and reused, recycled, or otherwise
managed to ensure that the mercury in the product does not become mixed
with other solid waste or wastewater.
Labels affixed to the product shall be constructed of materials that are
sufficiently durable to remain legible for the useful life of the product.
After two years from the effective date of this Act, any person offering
a mercury-added product for final sale or use or promotional purposes to
an address in [jurisdiction] shall clearly advise the purchaser or recipient
at the point of sale that the product contains mercury. This requirement
applies to all transactions where the purchaser or recipient is unable
to view the labels on the package or the product prior to purchase or receipt,
including but not limited to catalogue, telephone, and Internet sales.
Responsibility for product and package labels required under this section
shall be on the manufacturer, and not on the wholesaler or retailer unless
the wholesaler or retailer agrees with the manufacturer to accept responsibility
in conjunction with implementation of an alternative to the labeling requirements
of this section approved under subsection "h." In the case of a multi-component
product the responsible manufacturer is the last manufacturer to produce
or assemble the product or, if the multi-component product is produced
in a foreign country, the responsible manufacturer is the importer
or domestic distributor.
Labeling for Specific Products
Labeling of [large] appliances (commonly called white goods) sold in a
store where the appliance is on display shall meet all requirements of
this section except that no package labeling is required.
Labeling of fever thermometers and button cell batteries shall meet all
requirements of this section except that no product labeling is required.
Labeling of motor vehicles shall meet all requirements of this section
except that the mercury-added components are not required to be labeled.
A doorpost label shall list the mercury-added components that may be present
in the vehicle.
Alternative Methods of Public Notification
A manufacturer may apply to the [responsible administrative agency] for
an alternative to the requirements of this section where: strict compliance
with the requirements is not feasible; or the proposed alternative would
be at least as effective in providing pre-sale notification of mercury
content and in providing instructions on proper disposal; or federal law
governs labeling in a manner that preempts state authority.
Applications for an alternative to the requirements of this section must:
(1) document the justification for the requested alternative; (2) describe
how the alternative ensures that purchasers or recipients of mercury-added
products are made aware of mercury content prior to purchase or receipt;
(3) describe how a person discarding the product will be made aware of
the need for proper handling to ensure that it does not become part of
solid waste or wastewater; (4) document the readiness of all necessary
parties to implement the proposed alternative; and (5) describe the performance
measures to be utilized by the manufacturer to demonstrate that the alternative
is providing effective pre-sale notification and pre-disposal notification.
The [responsible administrative agency] may, grant, deny, modify, or condition
a request for an alternative to the requirements of this section and approval
of an alternative. Such waiver shall be for a period of no more than two
years and may, upon continued eligibility under the criteria of this section
and compliance with the conditions of its prior approval, be renewed at
two-year intervals. Prior to approving an alternative, the [responsible
administrative agency] shall consult with neighboring states, provinces
and regional organizations to insure that its labeling requirements are
consistent with those of other governments in the region.
Section 10. Collection of Mercury-Added Products
After two years from the effective date of this Act no person shall dispose
of mercury-added products in a manner other than by recycling or disposal
as hazardous waste. Mercury may not be discharged to water, wastewater
treatment, and wastewater disposal systems except when it is done in compliance
with local, state, and federal applicable requirements.
Mercury-added products may be disposed of in a properly-approved by [the
responsible administrative agency] hazardous waste disposal or recycling
At a minium, owners and operators of solid waste management facilities
are required to implement the following mechanisms:
posting of signs at the facility providing notice of the prohibition of
the disposal and incineration of mercury-added products;
written notification to or contractual agreements with the facility's customers
on a frequency determined by [the responsible administrative agency], providing
notice of the prohibition on the disposal and incineration of mercury-added
implementation of a procedure approved by the appropriate state agency
for periodically monitoring incoming wastes to detect the presence of mercury-added
products at the facility.
A person may not crush a motor vehicle or shred an appliance unless the
person has first made a good faith effort to remove all of the component
If a formulated mercury-added product is a cosmetic or pharmaceutical product
subject to the regulatory requirements relating to mercury of the Federal
Food and Drug Administration, then the product is exempt from the requirements
of this section.
Section 11. Universal Waste Rule
Within one year of the adoption of this Act, no mercury-added product shall
be offered for final sale or use or distribution for promotional purposes
in [jurisdiction] unless the manufacturer either on its own or in concert
with other persons has submitted a plan for a convenient and accessible
collection system for such products when the consumer is finished with
them and such a plan has received approval of the [responsible administrative
agency]. Where a mercury-added product is a component of another product,
the collection system must provide for removal and collection of the mercury-added
component or collection of both the mercury-added component and the product
The collection system plan shall include the following elements:
a public education program to inform the public about the purpose of the
collection program and how to participate in it;
a targeted capture rate for the mercury-added products or components;
a plan for implementing and financing the collection system;
documentation of the willingness of all necessary parties to implement
the proposed collection system;
a description of the performance measures to be utilized and reported by
the manufacturer to demonstrate that the collection system is meeting capture
rate targets and other measures of program effectiveness as required by
the [responsible administrative agency]; and
a description of additional or alternative actions that will be implemented
to improve the collection system and its operation in the event that the
program targets are not met.
In developing a collection system plan, manufacturers are encouraged to
utilize or expand on existing collection and recycling infrastructure where
feasible and cost-effective. In the event that the manufacturer has elected
not to utilize existing local collection and recycling infrastructure,
the manufacturer shall include in its collection system plan the reasons
for its decision to establish a separate collection system.
Within a year of the state approval of the collection system plan, the
manufacturer or entity that submitted the plan on behalf of the manufacturer
shall ensure that a convenient and accessible recovery system for the users
of those products is in full operation.
Two years following the implementation of the collection system plan
required under this section and biennially thereafter, the manufacturer
or entity that submitted the plan on behalf of the manufacturer shall be
required to submit a report on the effectiveness of the collection system.
The report shall include an estimate of the amount of mercury that was
collected, the capture rate for the mercury-added products or components,
the results of the other performance measures included in the manufacturers
collection system plan, and such other information as the [responsible
administrative agency] may require. Such reports shall be made available
to the public by the [responsible administrative agency].
The cost for the collection system must be borne by the manufacturer or
manufacturers of mercury-added products. Manufacturers may include the
cost of the collection system in the price of the product and may not assess
a separate fee for the use of the collection system.
The [responsible administrative agency] shall review the regulatory framework
governing handling of waste from mercury-added products and may revise,
if necessary, its rules as appropriate to facilitate collection.
Mercury-added formulated products intended to be totally consumed in use,
such as reagents, cosmetics, pharmaceuticals, and other laboratory chemicals,
shall be exempt from the requirements of this section.
The [responsible administrative agency] shall [adopt or modify] its
rules governing universal hazardous waste as appropriate to promote the
recycling, recovery, and proper management of elemental mercury and mercury-added
products on a statewide and regional basis.
Section 12. Disclosure for Mercury-Containing Formulated Products
That Are Used in Health Care Facilities
Section 13. Limitations on the Use of Elemental Mercury
Within one year of the effective date of this Act, the manufacturers of
formulated products that contain mercury or a mercury compound from any
source or cause, whether intended or unintended, and are offered for sale
or use to a health care facility in [jurisdiction] must provide both the
[responsible administrative agency] and the recipient health care facility
a Certificate of Analysis documenting the mercury content of the product,
down to a 1 part per billion level. Such formulated products include, but
are not limited to: acids; alkalies; bleach (sodium hypochlorite); materials
used for cleaning, in maintenance, or for disinfection; pharmaceutical
products; stains; reagents; preservatives; fixatives; buffers; and dyes.
The Certificate of Analysis (COA) must report the result of an analysis
performed for mercury on the specific batch or lot of that product offered
for sale. The batch or lot number of the product shall be clearly identified
on the product and on the COA.
Upon receipt of the COA, the [responsible administrative agency] may review
the data, in consultation with the manufacturer and take appropriate action.
Within one year of adoption of this Act, no person may sell or provide
elemental mercury to another person in [jurisdiction] without providing
a Material Safety Data Sheet, as defined in the United States Code, Title
42, Section 11049, and requiring the purchaser or recipient to sign a statement
that the purchaser:
Section 14. Existing Inventories
will use the mercury only for medical, dental amalgam dispose-caps, research,
or manufacturing purposes;
understands that mercury is toxic and that the purchaser will store and
use it appropriately so that no person is exposed to the mercury; and
will not place or allow anyone under the purchaser's control to place or
cause to be placed the mercury in solid waste for disposal or in a wastewater
treatment and disposal system.
Those mercury-added products with a code or date of manufacture indicating
they were manufactured prior to the effective date of this Act are exempt
from Sections 6, 7, 8, 10, and 12. If the mercury-added product has a date
of manufacture or the manufacturer can provide documentation that the product
in question was manufactured prior to the effective date, it is exempt
from the above listed sections. Situations that are beyond the control
of the manufacturer, such as old stock being held by retailers, should
be addressed on a case-by-case basis.
Section 15. Public Education and Outreach
Section 16. State Procurement Preferences for Low or Non-mercury-added
The [responsible administrative agency] shall implement a comprehensive
public education, outreach, and assistance program for households, hazardous
waste generators, local and regional solid waste management agencies, small
businesses, health care facilities, scrap metal facilities, dismantlers,
institutions, schools, and other interested groups in concert with other
relevant state agencies. This public education, outreach, and assistance
program should focus on the hazards of mercury; the requirements and obligations
of individuals, manufacturers, and agencies under this law; and voluntary
efforts that individuals, institutions, and businesses can undertake to
help further reduce mercury in the environment. The [responsible administrative
agency] shall cooperate with manufacturers of mercury-added products and
other affected businesses in the development and implementation of public
education and technical assistance programs.
The [responsible administrative agency] shall cooperate with the neighboring
states and provinces and regional organizations in the Northeastern U.S.
and Canada on developing outreach, assistance, and education programs,
The [responsible administrative agency] may develop an awards program to
recognize the accomplishments of manufacturers, municipalities, solid waste
management facilities, solid waste recycling facilities, household hazardous
waste collection facilities, citizens, or others who go beyond the minimum
requirements in this legislation and excel at reducing or eliminating mercury
in air emissions, solid waste, and wastewater discharges.
To facilitate compliance with the disposal ban, the [responsible administrative
agency] shall prepare and publish best management practice guidelines for
dental offices and laboratories.
Section 17. Enforcement
Notwithstanding other policies and guidelines for the procurement of equipment,
supplies, and other products, the [state procurement administrator] shall,
within 1 year of the effective date of this section, revise its policies,
rules and procedures to implement the purposes of this Act.
The [state procurement administrator] shall give priority and preference
to the purchase of equipment, supplies, and other products that contain
no mercury-added compounds or components, unless there is no economically
feasible non-mercury-added alternative that performs a similar function.
In circumstances where a non-mercury-added product is not available, preference
shall be given to the purchase of products that contain the least amount
of mercury-added to the product necessary for the required performance.
The [state procurement administrator] is authorized to give a price preference
of up to ____ percent for products that contain no mercury or less mercury.
This priority and preference shall apply to all state purchases, as well
as any purchases made by others with state funds;
With respect to lighting, energy efficient lamps for lighting purposes
shall be purchased in preference to other less efficient lighting options.
To the maximum extent possible, purchases shall be restricted to lights
that contain the lowest total mercury content per lumen hour available.
Spent bulbs shall be recycled to the maximum extent feasible.
The procurement agent shall specify non-mercury or reduced mercury-added
products, as applicable, in procurement bid documents.
State dental insurance contracts negotiated after the effective date of
this Act shall provide equal coverage for non-mercury fillings and mercury
amalgam fillings at no additional expense to the state employee.
A violation of any of the provisions of this law or any rule or regulation
promulgated pursuant thereto shall be punishable in the case of a first
violation, by a civil penalty not to exceed ____ dollars. In the case of
a second and any further violation, the liability shall be for a civil
penalty not to exceed ______ dollars for each violation.
[Each state may add additional enforcement provisions.]
Section 18. Public Notification and Review
[Each state to add its own Public Notification and Review Provisions.]
Section 19. State Review
The [responsible administrative agency] shall, in consultation, with
the Conference of the New England Governors/Eastern Canadian Premiers Environment
Committee, review the effectiveness of this Act no later than 4 years after
its adoption and may provide a report based upon that review to the Governor
and the legislature. The report shall review the effectiveness of the programs
required under the Act and may contain recommendations for improving them.
As part of this review, the state [responsible administrative agency] shall
evaluate the effectiveness of the collection systems established under
this Act and determine whether additional state authority or targeted capture
rates are needed to improve those systems. In addition through this review
process, the [responsible administrative agency] shall evaluate the need
for additional incentives for manufacturers of mercury-added products that
are below 10 milligrams to reduce the amount of mercury in those products.
Section 20. Severability Clause
[Each state to add its own severability clause.]
Section 21. Effective Date
This Act shall become effective immediately upon adoption.
Section 22. Administrative Fees and Regulations
The [responsible administrative agency] may impose fees sufficient to
cover the costs of administering the provisions of this Act. The [responsible
administrative agency] may adopt regulations to implement the provisions
of this Act consistent with the policies and purposes of this Act.
Section 23. Appropriations
[Each state to add its own appropriations provisions.]