Introduced Version
HOUSE BILL No. 1901
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 13-11-2
;
IC 13-20-17.5; P.L.248-1996,
SECTION 1.
Synopsis: Mercury-added products. Restricts certain sales of
mercury-added products. Establishes requirements for labeling,
recycling, and disposal of mercury-added products. Establishes
requirements for notice to the department of environmental
management regarding mercury-added products. Specifies notice to be
provided to contractors who remove mercury lamps. Mandates the
study of issues related to mercury-added products. Establishes
limitations on the use of elemental mercury. Directs the solid waste
management board to adopt rules on the labeling of mercury-added
products. Reestablishes and extends the environmental quality service
council (EQSC) through December 31, 2005. Repeals the current
EQSC enabling statute (which expires December 31, 2000).
Effective: Upon passage; July 1, 2001.
Avery
January 17, 2001, read first time and referred to Committee on Environmental Affairs.
Introduced
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1901
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-11-2-126; (01)IN1901.1.1. -->
SECTION 1.
IC 13-11-2-126
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 126. (a)
"Manufacturer", for purposes of
IC 13-20-16
, means a person who is
engaged in the business of making lead acid batteries:
(1) in Indiana; or
(2) for sale in Indiana.
(b) "Manufacturer", for purposes of IC 13-27.5, means a
manufacturer in Indiana operating under standard industrial
classification codes twenty (20) through thirty-nine (39) in the Standard
Industrial Classification Manual of the United States Office of
Management and Budget.
(c) "Manufacturer", for purposes of
IC 13-20-17.5
, means any
individual, corporation, limited liability company, partnership,
trust, estate, or unincorporated association that:
(1) produces in the United States a mercury-added product
that does not consist of multiple components produced by
separate entities;
(2) is the last entity to produce or assemble in the United
States a mercury-added product that consists of multiple
components produced by separate entities; or
(3) domestically distributes a mercury-added product
produced in a foreign country.
SOURCE: IC 13-11-2-128; (01)IN1901.1.2. -->
SECTION 2.
IC 13-11-2-128
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 128. "Material safety
data sheet", for purposes of
IC 13-20-17.5
and
IC 13-25-2
, means the
data sheet developed under 29 CFR 1910.1200(g) has the meaning set
forth in 42 U.S.C. 11049.
SOURCE: IC 13-11-2-128.2; (01)IN1901.1.3. -->
SECTION 3.
IC 13-11-2-128.2
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 128.2. "Mercury-added lamp",
for purposes of
IC 13-20-17.5
, means a lamp that contains mercury
added during manufacture.
SOURCE: IC 13-11-2-128.5; (01)IN1901.1.4. -->
SECTION 4.
IC 13-11-2-128.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 128.5. "Mercury-added novelty",
for purposes of
IC 13-20-17.5
, means a mercury-added product
intended mainly for personal or household enjoyment or
adornment, including:
(1) items intended for use as practical jokes;
(2) figurines;
(3) adornments;
(4) toys;
(5) games;
(6) cards;
(7) ornaments;
(8) yard statues and figurines;
(9) candles;
(10) jewelry;
(11) holiday decorations; and
(12) footwear and other items of apparel.
SOURCE: IC 13-11-2-128.6; (01)IN1901.1.5. -->
SECTION 5.
IC 13-11-2-128.6
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]:
Sec. 128.6. "Mercury-added product",
for purposes of sections 126 and 128.5 of this chapter and
IC 13-20-17.5
, means any of the following products that contain
mercury added during manufacture:
(1) Thermostat.
(2) Thermometer.
(3) Electrical switch, individually or as part of another
product.
(4) Medical or scientific instrument.
(5) Electrical relay or other electrical device, excluding a
mercury-added lamp.
SOURCE: IC 13-11-2-128.7; (01)IN1901.1.6. -->
SECTION 6.
IC 13-11-2-128.7
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 128.7. "Mercury fever
thermometer", for purposes of
IC 13-20-17.5
, means a
mercury-added product that:
(1) is a thermometer or another medical or scientific
instrument; and
(2) is used for measuring body temperature.
SOURCE: IC 13-11-2-142.5; (01)IN1901.1.7. -->
SECTION 7.
IC 13-11-2-142.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 142.5. "Non-public school", for
purposes of
IC 13-20-17.5
, has the meaning set forth in
IC 20-10.1-1-3.
SOURCE: IC 13-11-2-158; (01)IN1901.1.8. -->
SECTION 8.
IC 13-11-2-158
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 158. (a) "Person", for
purposes of:
(1) IC 13-21;
(2) air pollution control laws;
(3) water pollution control laws; and
(4) environmental management laws, except as provided in
subsections (c), (d), (e), and (h);
means an individual, a partnership, a copartnership, a firm, a company,
a corporation, an association, a joint stock company, a trust, an estate,
a municipal corporation, a city, a school city, a town, a school town, a
school district, a school corporation, a county, any consolidated unit of
government, political subdivision, state agency, a contractor, or any
other legal entity.
(b) "Person", for purposes of:
(1)
IC 13-18-10
; and
(2)
IC 13-20-17
;
means an individual, a partnership, a copartnership, a firm, a company,
a corporation, an association, a joint stock company, a trust, an estate,
a political subdivision, a state agency, or other legal entity, or their
legal representative, agent, or assigns.
(c) "Person", for purposes of:
(1)
IC 13-20-13
;
(2)
IC 13-20-14
;
(3)
IC 13-20-16
; and
(4)
IC 13-25-6
;
means an individual, a corporation, a limited liability company, a
partnership, or an unincorporated association.
(d) "Person", for purposes of IC 13-23, has the meaning set forth in
subsection (a). The term includes a consortium, a joint venture, a
commercial entity, and the United States government.
(e) "Person", for purposes of
IC 13-20-17.5
and
IC 13-25-3
, means
an individual, a corporation, a limited liability company, a partnership,
a trust, an estate, or an unincorporated association.
(f) "Person", for purposes of IC 13-26, means an individual, a firm,
a partnership, an association, a limited liability company, or a
corporation other than an eligible entity.
(g) "Person", for purposes of
IC 13-29-1
, means any individual,
corporation, business enterprise, or other legal entity either public or
private and any legal successor, representative, agent, or agency of that
individual, corporation, business enterprise, or legal entity.
(h) "Person", for purposes of:
(1)
IC 13-30-6-6
;
(2)
IC 13-30-6-7
; and
(3)
IC 13-30-8-1
;
has the meaning set forth in
IC 35-41-1.
SOURCE: IC 13-11-2-176.5; (01)IN1901.1.9. -->
SECTION 9.
IC 13-11-2-176.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 176.5. "Public school", for
purposes of
IC 13-20-17.5
, has the meaning set forth in
IC 20-10.1-1-2.
SOURCE: IC 13-11-2-206; (01)IN1901.1.10. -->
SECTION 10.
IC 13-11-2-206
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 206. "Solid waste
disposal facility", for purposes of
IC 13-20-4
, and
IC 13-20-6
, and
IC 13-20-17.5
means a facility at which solid waste is:
(1) deposited on or beneath the surface of the ground as an
intended place of final location; or
(2) incinerated.
SOURCE: IC 13-11-2-256; (01)IN1901.1.11. -->
SECTION 11.
IC 13-11-2-256
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 256. "Wastewater", for
purposes of
IC 13-18-12
and
IC 13-20-17.5
, means the following:
(1) Human excreta, water, scum, sludge, and sewage from sewage
disposal systems, retained contents of wastewater holding tanks,
or portable sanitary units.
(2) Grease, fats, and retained wastes from grease traps or
interceptors.
(3) Wastes carried in liquid from ordinary living processes.
(4) Incidental or accidental seepage from sewage disposal
systems.
SOURCE: IC 13-20-17.5; (01)IN1901.1.12. -->
SECTION 12.
IC 13-20-17.5
IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]:
Chapter 17.5. Mercury-Added Products
Sec. 1. (a) After July 1, 2003, a manufacturer may not sell at
retail in Indiana or to a retailer in Indiana a mercury-added
product unless the product is labeled under subsections (c) and (d).
(b) After July 1, 2003, a retailer may not knowingly sell a
mercury-added product in Indiana unless the product is labeled
under subsections (c) and (d).
(c) A manufacturer shall affix a label required under subsection
(a) or (b) to:
(1) a mercury-added product, unless affixing a label would
result in a safety hazard; and
(2) the mercury-added product packaging that is visible to the
ultimate user of the product when the product is received by
the user.
(d) A label referred to in subsection (c) must clearly inform the
purchaser or consumer that:
(1) mercury is present in the product; and
(2) the product may not be disposed of or placed in a waste
stream destined for disposal until the mercury is:
(A) removed; and
(B) reused or recycled to ensure that the mercury does not
become part of solid waste or wastewater.
Sec. 2. (a) After July 1, 2003, a mercury-added product or
mercury-added lamp may not be:
(1) offered for:
(A) final sale; or
(B) use; or
(2) distributed for promotional purposes;
in Indiana without prior notification by the manufacturer to the
department in writing of the offering or distribution of the product
or lamp.
(b)The notification under subsection (a) must include at least the
following:
(1) A brief description of the mercury-added product or
mercury-added lamp to be:
(A) offered for sale or use; or
(B) distributed.
(2) The amount of and the purpose for mercury in each unit
of the mercury-added product or mercury-added lamp. The
amount of mercury must be reported as an:
(A) exact number; or
(B) average per product with an upper and lower limit;
unless the requirement is waived by the department because
of confidentiality or practical considerations.
(3) The name and address of the manufacturer.
(4) The name, address, and telephone number of a contact
person for the manufacturer.
(5) The total amount of mercury contained in all
mercury-added products and mercury-added lamps sold or
distributed by the:
(A) manufacturer in the United States; or
(B) manufacturer's industry in the United States.
(c) With the approval of the department, the manufacturer may
supply the information required in subsection (b) for a category of
products or lamps rather than for an individual product or lamp.
The manufacturer shall update and revise the information in the
notification when:
(1) there is significant change in the information; or
(2) the department requests an update or revision.
(d) Except as provided in subsections (e) and (f), any
information furnished by a manufacturer to the department under
this section that:
(1) relates to the manufacturer's:
(A) production; or
(B) sales figures;
(2) relates to the manufacturer's unique:
(A) processes; or
(B) production; or
(3) would affect adversely the competitive position of the
manufacturer;
is only for the confidential use of the department in the
administration of this section.
(e) Subsection (d) does not apply if the manufacturer expressly
agrees to the publication or availability to the general public of the
information described in subsection (d).
(f) Subsection (d) does not apply to the department's use of the
information described in subsection (d) in compiling or publishing
analyses or summaries relating to the amount and effect of
mercury in products and lamps and in the environment if the
analyses or summaries do not:
(1) identify any manufacturer; or
(2) reveal any information otherwise confidential under
subsection (d).
Sec. 3. (a) After July 1, 2003, a person who sells mercury-added
lamps shall provide the notice described in subsection (b) to a
purchaser of the mercury-added lamps who:
(1) is the owner or manager of an industrial, commercial, or
office building; or
(2) replaces or removes outdoor mercury-added lamps from
service.
(b) The notice required under subsection (a) must inform the
purchaser of the lamps in writing on the invoice for the lamps or
in a separate document that the lamps:
(1) contain mercury, a hazardous substance regulated by state
and federal law; and
(2) may not be placed in:
(A) solid waste; or
(B) wastewater destined for disposal.
Sec. 4. (a) After July 1, 2003, a person who contracts for
removal of mercury-added lamps from service who is the:
(1) owner or manager of; or
(2) person responsible for outdoor lighting at;
an industrial, a commercial, or an office building shall provide the
notice described in subsection (b) to the contractor that removes
the mercury-added lamps.
(b) The notice required under subsection (a) must inform the
contractor for removal of mercury-added lamps in writing:
(1) that the lamps being removed from service contain
mercury; and
(2) of the arrangements made by the person contracting for
removal of mercury-added lamps from service for reuse or
recycling of the mercury in the removed lamps.
Sec. 5. After July 1, 2003, a person may not knowingly place a:
(1) mercury-added product; or
(2) a mercury-added lamp;
in solid waste for disposal in a solid waste disposal facility.
Sec. 6. (a) When a mercury-added product or mercury-added
lamp is removed from service after July 1, 2003, the mercury in the
product must be reused or recycled.
(b) After July 1, 2003, a person in the business of replacing or
repairing a mercury-added product in households shall:
(1) ensure; or
(2) deliver the product to a facility that will ensure;
that the mercury in a product that is replaced or repaired is reused
or recycled.
Sec. 7. (a) After July 1, 2003, a mercury-added novelty may not
be:
(1) offered for:
(A) final sale; or
(B) use; or
(2) distributed for promotional purposes;
in Indiana if the offerer or distributor knows or has reason to know
that the novelty contains mercury.
(b) Manufacturers that produce or distribute mercury-added
novelties shall notify retailers of the novelties:
(1) of the provisions of this section; and
(2) how to dispose of remaining inventory properly.
Sec. 8. (a) After July 1, 2003, a person may sell or supply a
mercury fever thermometer to an individual only if the individual
has a prescription for the thermometer.
(b) A manufacturer of mercury fever thermometers shall
supply, with each mercury fever thermometer sold through
prescription, clear instructions on:
(1) the handling of the thermometer necessary to avoid
breakage; and
(2) proper cleanup if breakage occurs.
Sec. 9. After July 1, 2003, a public school or nonpublic school
may not use or purchase for use in a primary or secondary
classroom:
(1) elemental mercury;
(2) mercury compounds; or
(3) mercury-added instructional equipment and materials;
except measuring devices and thermometers for which no adequate
substitute exists for use in laboratories.
Sec. 10. After July 1, 2003, a person may sell or provide
elemental mercury to another person in this state only if:
(1) the person selling or providing the elemental mercury
provides a material safety data sheet with the elemental
mercury; and
(2) the person selling or providing the elemental mercury
requires the purchaser or recipient to sign a statement that
the purchaser or recipient:
(A) will use the mercury only:
(i) for medical purposes;
(ii) in dental amalgam dispose-caps;
(iii) for research; or
(iv) for manufacturing purposes;
(B) understands that mercury is toxic;
(C) will store and use the mercury appropriately so that no
individual is exposed to the mercury; and
(D) will not:
(i) place or cause to be placed; or
(ii) allow anyone under the control of the purchaser or
recipient to place or cause to be placed;
the mercury in solid waste for disposal or in a wastewater
disposal system.
Sec. 11. (a) After July 1, 2003, a:
(1) manufacturer of thermostats that are mercury-added
products; or
(2) manufacturer of thermostats that are not mercury-added
products that might replace thermostats that are
mercury-added products;
shall provide incentives for and sufficient information to
purchasers and consumers of the thermostats to encourage the
purchasers or consumers to ensure that mercury in thermostats
being removed from service is reused or recycled.
(b) Manufacturer collection programs conducted in accordance
with universal waste rules meet the requirements of this section.
Sec. 12. The department shall work with dentists and other
interested parties to develop a pollution prevention plan for
mercury from dental procedures that provides for reasonable
measures to reduce mercury pollution from dental procedures and
related sources. The plan must include options and strategies for
implementing source reduction.
Sec. 13. The department shall implement an education program
to provide information to the public about:
(1) the labeling of mercury-added products;
(2) the requirements of the law regarding the source
separation of waste mercury-added products; and
(3) mercury-added product collection programs available to
the public.
Sec. 14. (a) The department may participate in the
establishment and implementation of a regional, multi-state
clearinghouse to:
(1) assist in carrying out the requirements of this chapter; and
(2) help coordinate reviews of:
(A) manufacturers' notifications regarding
mercury-added:
(i) products; and
(ii) lamps;
(B) collection plans;
(C) disclosures of mercury content; and
(D) education and outreach.
(b) A clearinghouse established under subsection (a) may
maintain:
(1) a list of all mercury-added:
(A) products; and
(B) lamps;
(2) a file on all exemptions granted by the states; and
(3) a file of all the manufacturers' reports on the effectiveness
of their collection systems.
SOURCE: ; (01)IN1901.1.13. -->
SECTION 13. [EFFECTIVE JULY 1, 2001] (a) The solid waste
management board established under
IC 13-19-2
shall before July
1, 2003, adopt by rule standards for affixing labels to products and
product packaging under
IC 13-20-17.5
, as added by this act. The
solid waste management board shall:
(1) strive in the standards for consistency with labeling
programs in other states; and
(2) provide for approval by the department of environmental
management of alternative compliance plans.
(b) This SECTION expires July 1, 2003.
SOURCE: ; (01)IN1901.1.14. -->
SECTION 14. [EFFECTIVE JULY 1, 2001]
(a) Before January 1,
2004, the environmental quality service council shall:
(1) review issues relating to the labeling and disposal of
mercury-added products under
IC 13-20-17.5
, as added by
this act;
(2) review issues relating to the notifications, restrictions on
sales, and limitations on the use of elemental mercury under
IC 13-20-17.5
, as added by this act;
(3) review alternative compliance plans for labeling and
source separation of:
(A) mercury-added products (as defined in
IC 13-11-2-128.6
, as added by this act); and
(B) mercury-added lamps (as defined in
IC 13-11-2-128.2
,
as added by this act);
that are automobile component parts; and
(4) make legislative recommendations based on the reviews
conducted under this SECTION, if appropriate.
(b) This SECTION expires January 1, 2004.
SOURCE: ; (01)IN1901.1.15. -->
SECTION 15. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "council" refers to the environmental quality service
council established by subsection (c).
(b) As used in this SECTION, "department" refers to the
department of environmental management.
(c) The environmental quality service council is established.
(d) The council consists of twenty-four (24) members appointed
as follows:
(1) Four (4) members of the senate, not more than two (2) of
whom may be affiliated with the same political party, to be
appointed by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not
more than two (2) of whom may be affiliated with the same
political party, to be appointed by the speaker of the house of
representatives.
(3) The commissioner of the department or the
commissioner's designee.
(4) Fifteen (15) individuals who are not members of the
general assembly and who are appointed by the governor as
follows:
(A) Four (4) individuals representing business and
industry, not more than two (2) of whom may be affiliated
with the same political party.
(B) Four (4) individuals representing local government, not
more than two (2) of whom may be affiliated with the same
political party.
(C) Two (2) individuals representing environmental
organizations, not more than one (1) of whom may be
affiliated with the same political party.
(D) Two (2) individuals representing the general public,
not more than one (1) of whom may be affiliated with the
same political party.
(E) Three (3) individuals representing the following
interests:
(i) One (1) representative of semipublic permittees.
(ii) Two (2) representatives of agriculture, not more than
one (1) of whom may be affiliated with the same political
party.
Until an appointment is made under clause (A), (B), (C), or
(E), an unfilled position shall be held by the corresponding
member of the environmental quality service council serving
on December 31, 2000, who was appointed under
P.L.248-1996, SECTION 1(d)(4), and who represented the
same interest as required for the unfilled position.
(e) Appointments are valid for two (2) years after the date of the
appointment. However, a member shall serve on the council until
a new appointment is made.
(f) A vacancy among the members of the council shall be filled
by the appointing authority of the member whose position is
vacant. If the appointing authority does not fill a vacancy within
sixty (60) days after the date the vacancy occurs, the vacancy shall
be filled by the chairman of the legislative council.
(g) The chairman of the legislative council shall designate a
member of the council to be the chairman of the council.
(h) The chairman of the council shall call for the council to meet
at least six (6) times during a calendar year. The chairman may
designate subcommittees to meet between committee meetings and
report back to the full council.
(i) Each member of the council is entitled to receive the same
per diem, mileage, and travel allowances paid to individuals who
serve as legislative and lay members, respectively, serving on
interim study committees established by the legislative council.
(j) The council shall do the following:
(1) Advise the commissioner of the department on policy
issues decided upon by the council.
(2) Review the mission and goals of the department and
evaluate the implementation of the mission.
(3) Serve as a council of the general assembly to evaluate:
(A) resources and structural capabilities of the department
to meet the department's priorities; and
(B) program requirements and resource requirements for
the department.
(4) Serve as a forum for citizens, the regulated community,
and legislators to discuss broad policy directions.
(5) Submit a final report to the governor, the general
assembly, the budget committee, and the administrative rules
oversight committee established by
IC 2-5-18-4
before
November 1, 2001, and before November 1 each year
thereafter, that contains:
(A) an outline of the activities of the council;
(B) recommendations for any departmental action;
(C) recommendations for any legislative action; and
(D) an estimate of funding levels required by the
department, including an evaluation of permit fees.
(k) The commissioner of the department shall report to the
council each month concerning the following:
(1) Permitting programs and technical assistance.
(2) Proposed rules and rulemaking in progress.
(3) The financial status of the department.
(4) Any additional matter requested by the council.
(l) The council shall:
(1) operate under procedures; and
(2) issue reports and recommendations;
as directed by the legislative council.
(m) The legislative services agency shall provide staff support
to the council.
(n) This SECTION expires December 31, 2005.
SOURCE: ; (01)IN1901.1.16. -->
SECTION 16. P.L.248-1996, SECTION 1 IS REPEALED
[EFFECTIVE UPON PASSAGE].
SOURCE: ; (01)IN1901.1.17. -->
SECTION 17.
An emergency is declared for this act.