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.