Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
      SECTION 1.       Whereas, mercury poses a threat to human health and the environment in Massachusetts due to high levels of mercury in fish;
      Whereas, the Department of Public Health has issued health advisories with respect to fish consumption from over eighty water bodies in Massachusetts due to high levels of mercury in fish;
      Whereas, a major cause of mercury contamination in fish in Massachusetts is man-made mercury emissions from solid waste incinerators and medical waste incinerators; and
      Whereas, the New England Governors and the Eastern Canadian Premiers recently adopted a Mercury Action Plan calling for a fifty percent reduction in mercury emissions by 2003 and calling for separation and recycling of waste products containing mercury as a means of achieving that goal; It is hereby resolved that the policy goals of this Act shall be (1) to prohibit the disposal of mercury-containing waste products as solid waste and (2) to promote and ensure the proper collection, transportation and recycling and disposal of all mercury-containing waste products with an emphasis on using existing systems to achieve these ends.
      SECTION 2. Section 2 of chapter 21H of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting after the definition of "Assessment" the following definitions:-
"Battery", an enclosed device or sealed container consisting of a combination of one or more voltaic or galvanic cells, electrically connected to produce energy.
"Button cell", a button- or coin-shaped battery.
      SECTION 3. Section 2 of chapter 21H of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Closure" the following definition:-
"Department", the department of environmental protection.
      SECTION 4. Section 2 of chapter 21H of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Drinking water supply" the following definition:-
"Electric lamp", the bulb or tube portion of a lighting device specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common electric lamps include, but are not limited to, incandescent, fluorescent, high intensity discharge, and neon lamps.
      SECTION 5. Section 2 of chapter 21H of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Facility" the following definition:-
      "Health care facility", any hospital, nursing home, extended care facility, long-term care facility, clinical or medical laboratory, state health or mental institution, institution for the mentally ill or retarded, clinic, physician's office, or health maintenance organization.
      SECTION 6. Section 2 of chapter 21H of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Landfill" the following definitions:-
      "Manufacturer", any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture which produces a product containing mercury or an importer or domestic distributor of a product containing mercury produced in a foreign country. In the case of a multi-component product containing mercury 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.
      "Mercury-added battery", a button cell or mercuric oxide battery to which the manufacturer intentionally introduces mercury for the operation of the battery.
      "Mercury-added lamp", an electric lamp to which the manufacturer intentionally introduces mercury for the operation of the lamp.
      "Mercury-added product", a product to which the manufacturer intentionally introduces mercury, including, but not limited to, button cell or mercuric oxide batteries, electric lamps, thermostats, thermometers, automotive devices, electric switches, medical or scientific instruments, electric relays, or other electrical devices.
      "Mercury-added formulated product", a chemical product, including but not limited to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals, and coating materials, that are sold as a consistent mixture of chemicals.
      "Mercury fever thermometer", a mercury-added product that is used for measuring body temperature.
      "Mercury-added novelty", 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, and items of apparel, including footwear.
      SECTION 7. Section 2 of chapter 21H of the General Laws, as so appearing in the 1994 Official Edition, is hereby amended by inserting after the definition of "Solid waste" or "waste" the following definitions:--
      "Solid waste collector", a person that accepts, collects or transfers solid waste for purposes other than scrap recycling.
      "Solid waste management facility", an established site or works, and other appurtenance, thereto, which is, has been, or will be used for the handling, storage, transfer, processing, treatment or disposal of solid waste for purposes other than scrap recycling, including all land, structures or improvements which are directly related to solid waste activities.
      SECTION 8. Chapter 21H of the General Laws is hereby amended by inserting after section 6 the following new sections:-
      Section 6A. Multi-State Clearinghouse. The department is authorized and directed to participate in the establishment and implementation of a regional, multi-state clearinghouse to assist in carrying out the requirements of sections 6A through 6Q of this chapter and to help coordinate reviews of the manufacturers' applications for phase-out exemptions, the collection system plans, 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.
      Section 6B. Notification. (a) 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 Massachusetts without prior notification in writing by the manufacturer of the product to the department in accordance with the requirements of this section. Such notification shall at a minimum include:
         i. a brief description of the product to be offered for sale, use, or distribution,
         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.
      (b) Any mercury-added product for which federal law governs notice in a manner that preempts state authority shall be exempt from the requirements of this section.
      (c) With the approval of the department, the manufacturer or a trade group may supply the information required above for a product category rather than an individual product. The manufacturer or trade group shall update and revise the information in the notification whenever there is significant change in the information or when requested by the department. The department may define and adopt specific requirements in accordance with chapter 30A of the general laws, as so appearing, for the content and submission of the required notification.
      (d) Public disclosure of confidential business information submitted to the department pursuant to this section shall be governed by the requirements of section 10 of chapter 66 of the general laws. Notwithstanding the requirements of the said act, the state may provide the interstate clearinghouse with copies of such information, and the department 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.
      (e) The department shall protect trade secrets.
      Section 6C. Restriction on Sale of Certain Products. (a) No later than one year after the effective date of this act, no toy, game, card, ornament, or mercury-added novelty shall be offered for final sale or use or distributed for promotional purpose in this state if the seller knows or has reason to know that the product contains mercury. Manufacturers that produce and sell mercury-added novelties shall notify retailers about the provisions of this section and how to recycle or dispose of the remaining inventory properly. This paragraph shall not apply to a novelty where the only mercury-added component in that novelty is a button cell battery.
      (b) Six months after the effective date of this act, a person shall not sell or supply mercury fever thermometers to consumers and patients, except by prescription. The manufacturers of mercury fever thermometers shall supply clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur with all mercury fever thermometers. For the purposes of this subsection a digital fever thermometer powered by a button cell battery is not a mercury fever thermometer.
      (c) Within 6 months of the effective date of this Act, no school in this state shall use or purchase for use in a primary or secondary classroom elemental mercury, mercury compounds, or mercury-added instructional equipment and materials, except measuring devices and thermometers for which no adequate substitute exists which are used in school laboratories.
      Section 6D. Phaseouts. (a) No mercury-added product shall be offered for final sale or use or distributed for promotional purposes in Massachusetts if the mercury content of the product or any component thereof exceeds:
         (1) one gram (1000 milligrams) for mercury-added products or 250 parts per million for mercury-added formulated products, effective two years from the date of this Act;
         (2) 100 milligrams for mercury-added products or 50 parts per million for mercury-added formulated products, effective four years from the date of this Act; and
         (3) 10 milligrams for mercury-added products or 10 parts per million for mercury-added formulated products, effective six years from the date of this Act.
      (b) For a product that contains one or more mercury-added products as a component, this section and the phase-out limits specified herein are applicable to each component part or parts separately and not to the entire product.
      (c) Fluorescent lamps shall be exempt from the requirements of subsection (a). Eight years from the effective date of this act the mercury content of fluorescent bulbs must either not exceed ten milligrams or the manufacturer must comply with the exemption requirements pursuant to subsection (d) or section 6E.
      (d) High pressure sodium lamps and metal halide lamps used as street lights shall be exempt from the requirements of this section. Such lamps shall comply with all other provisions of this Act. Beginning four years from the date of enactment of this Act, the department, after consultation with the department of public safety and the division of energy resources, shall examine the effectiveness of continuing to exempt such lamps from this Act and shall be authorized to require a reduction in the amount of mercury used in such lamps to an amount not less than the amounts set forth in paragraph (a). Any mercury vapor lamps installed prior to the effective date of this act may remain so until the conclusion of their luminaire life cycle, however no mercury vapor lamps may be installed on or after the effective date of this act.
      (e) 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 the department in writing and provide the legal justification for the claim of exemption.
      Section 6E. Exemptions. (a) Manufacturers of a mercury-added product may apply to the department for an exemption for no more than two years from the limits on total mercury content set forth in section 6D for a product or category of products.
      (b) 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.
      (c) The department may grant with modifications or conditions an exemption for a product or category of products if it finds that: (1) a system exists for the proper collection, transportation, and processing of the mercury-added product; and (2) each of the following criteria are met:
         (i) use of the product is beneficial to the environment or protective of public health or public safety;
         (ii) there is no technically feasible alternative to use of mercury in the product; and
         (iii) there is no comparable non-mercury-added product available at reasonable cost.
      (3) In determining whether to grant an exemption, the department shall consider whether the product that would substitute for the mercury-added product would be less energy efficient that the mercury-added product.
      (4) In determining whether to grant an exemption, the department shall consider whether an exemption is necessary to comply with federal or state energy efficiency goals or requirements.
      (d) Prior to issuing an exemption the department shall consult with neighboring states and regional organizations to promote consistency. The department shall avoid, to the extent feasible, inconsistencies in the implementation of this section. Upon reapplication by the manufacturer and findings by the department of continued eligibility under the criteria of this section 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 two years.
      Section 6F (a) Labeling. No later than one year after the effective date of this Act, every manufacturer of mercury-added products shall ensure that such products and their packaging are labeled in a manner to clearly inform purchasers that mercury is present in the item and that the item may not be disposed of or placed in a waste stream destined for disposal or sent for recycling unless the mercury is reused, recycled, or properly disposed of as a hazardous waste or otherwise managed to ensure that the mercury does not become mixed with other solid waste or wastewater. Every manufacturer shall inform purchasers of how to access systems for the collection, transportation and recycling of mercury-added products. 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 the product containing a mercury-added component shall identify the component with sufficient detail so that it may be readily located for removal. Labels affixed to the product shall be constructed of materials that are sufficiently durable to remain legible for the useful life of the product.
      (b) Labeling for Specific Products. (1) Labeling of 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.
         (2) Labeling of button cell batteries shall meet all requirements of this section except that no product labeling is required.
         (3) Labeling of motor vehicles as well as nonmotorized travel trailers and truck campers 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.
         (4) Labeling of consumer electronics that incorporate one or more mercury-added lamps as their only mercury-added component or components shall be exempt from the requirements of this section.
      (c) Written Advisory to Purchaser. No person shall offer a mercury-added product for final sale or use or promotional purposes to an address in Massachusetts unless the purchaser or recipient at the point of sale is clearly advised in writing that the product contains mercury and that the item may not be disposed of, placed in a waste stream destined for disposal, or sent for recycling until the mercury is reused, recycled, or properly disposed of as a hazardous waste or otherwise managed to ensure that the mercury does not become mixed with other solid waste or wastewater. This requirement applies to all transactions where the purchaser or recipient is unable to view the labels or the package or the product prior to purchase or receipt, including but not limited to, catalogue, telephone and internet sales.
      (d) Labeling Alternatives. A manufacturer may apply to the department for an alternative to the requirements of subsection (a) where strict compliance with the requirements is not feasible or where the proposed alternative would be at least as effective in providing pre-sale notification of mercury content and in providing instructions on proper disposal. Applications for an alternative to the requirements of subsection (a) 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 department may grant, deny, modify, or condition a request for an alternative to the requirements of subsection (a) and approval of an alternative. Such an approval shall be for a period of not 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 department shall consult with neighboring states and regional organizations to insure that its labeling requirements are consistent with those of other governments in the region.
      (e) Federal Labeling Exemption. No person shall sell, offer for sale, or offer for promotional purposes in the commonwealth a mercury-added product, unless the product bears the labels required by subsection (a) or meets the requirements of an alternative notification procedure under subsection (d). The labeling requirement in subsection (a) shall not apply to any mercury-added product for which federal law governs labeling in a manner that preempts state authority.
      Section 6G. Disposal Ban. (a) No person shall knowingly dispose of mercury-added products in any manner other than by their recycling or disposal as hazardous waste.
      (b) When a mercury-added product is removed from service, the mercury in the item must be source separated for reuse or recycling, stabilized for retirement, or otherwise managed to prevent its release into the environment. No person shall knowingly send a multi-component product that contains mercury to a scrap recycling facility for recycling without first removing the mercury-added product(s). Notwithstanding the foregoing, a scrap recycling facility may agree to accept a multi-component product (which has not been intentionally flattened, crushed, or baled) knowing it contains mercury-added product(s), in which case the scrap recycling facility shall be responsible for removing such product(s). This subsection shall not apply to households disposing of mercury-added products.
      (c) The provisions of this section shall take effect no later than one year after the effective date of this Act.
      Section 6H. Solid Waste Collectors. A solid waste collector shall refuse to collect the contents of a solid waste container that said collector knows or reasonably should know contains one or more mercury-added products, unless such solid waste is collected for the purposes of being reused, recycled, or properly disposed of as a hazardous waste or otherwise managed to ensure that the mercury does not become mixed with other solid waste or waste water.
      Section 6I. Notification and Inspection at Solid Waste. Collection Facilities. (a) An owner or operator of a solid waste management facility shall refuse to accept for disposal the contents of a solid waste container that said owner or operator knows or reasonably should know contains one or more mercury-added products, unless such solid waste is accepted for the purposes of being reused, recycled, or properly disposed of as a hazardous waste or otherwise managed to ensure that the mercury does not become mixed with other solid waste or waste water.
      (b) All owners and operators of solid waste management facilities shall have appropriate notification and inspection procedures in place designed to prohibit mercury-added products from being disposed of at such facility. At a minimum, said owner or operator shall implement the following mechanisms:
         (i) Posting of signs at the facility providing notice of the prohibition of the disposal and incineration of mercury-added products;
         (ii) Written notification to or contractual agreements with the facility's customers, providing notice of the prohibition of the disposal and incineration of mercury-added products;
         (iii) Implementation of a procedure approved by the department for periodically monitoring incoming wastes to detect the presence of mercury-added products at the facility and practice of separation of observed mercury-added products, for return to the generator, recycling, or disposal as hazardous waste.
      (c) An owner or operator of a solid waste management facility shall not be found to have failed to refuse to accept for disposal the contents of a solid waste container in violation of subsection (a) if it has complied with the provisions of subsection (b).
      Section 6J. Collection System. (a) Within one year of the effective date of this Act, every manufacturer of mercury-added products that have been or may be sold or offered for sale or promotional purposes in the commonwealth shall ensure that the proper collection, transportation and recycling of mercury-added products occurs in the commonwealth by: (1) utilizing existing collection systems through which the used mercury-added products sold or offered for sale by that manufacturer can be returned for recycling or proper disposal; and / or (2) establishing and funding, directly or with the use of third parties, a collection system through which the used mercury-added products sold or offered for sale by that manufacturer can be returned for recycling or proper disposal.
       (b) 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 containing it.
       (c) Every manufacturer of mercury-added products sold or offered for sale or promotional purposes in the commonwealth shall be financially responsible for such collection and recycling systems. All collection and recycling under subsection (a) shall be conducted in a manner so as to prevent the release of mercury to the environment and must be in full compliance with all applicable local, state and federal regulations. Every manufacturer of mercury-added products sold or offered for sale or promotional purposes in the commonwealth either on its own or in concert with other persons shall submit a collection plan to the department and receive plan approval therefrom. As part of the approval process, the department shall ensure that all Massachusetts residents have access to mercury collection and recycling systems that are convenient, comprehensive, and cost-effective. The department shall develop requirements for said plans. Said plans shall include, at a minimum, targeted capture rates for mercury-added products or components.
      (d) 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.
       Section 6K. Disclosure for Mercury-Formulated Products That are Used in Healthcare Facilities. Within six months of the effective date of this Act, every manufacturer of mercury-containing products used in health care facilities, as defined in section two of this chapter, shall provide each such facility and the department with a certificate of analysis documenting the mercury content of any such product containing more than one part per billion of mercury. Such formulated products include, but are not limited to, acids; alkalis; bleach; materials used for cleaning, in maintenance, or for disinfection; pharmaceutical products; stains; reagents; preservatives; fixatives; buffers; and dyes. The certificate of analysis shall report the result of an analysis performed for mercury on a specific lot or batch of the mercury-added formulated product. The batch or lot number of the product shall be clearly identified on the product and on the certificate of analysis. The department may review the data contained in the certificate of analysis, in consultation with the manufacturer, and take appropriate action to require the manufacturer to eliminate or reduce the mercury content of the product.
      Section 6L. Limitations on the Use of Elemental Mercury. Within six months of the effective date of this Act, no person shall sell or provide elemental mercury to another person in this state without providing a material safety data sheet to the purchaser, as defined in 42 U.S.C. section 11049, and requiring the purchaser or recipient to sign a statement that the purchaser: (a) will use the mercury only for medical, dental amalgam dispose-caps, research, or manufacturing purposes; (b) 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 (c) will not place or allow anyone under the purchaser's control to place the mercury or cause the mercury to be placed in solid waste for disposal or in a wastewater disposal system.
       Section 6M. Public Education and Outreach. (a) The department shall establish a means of addressing consumer inquiries and complaints and a public education program to assure the widespread dissemination of information concerning the purpose of this Act. Such public education program shall include, but not be limited to, information regarding source reduction, recycling programs, and collection systems for mercury added products through one or more published reports and one or more forms of electronic media. The department shall work cooperatively with businesses, including but not limited to, building contractors and the owners of multi-unit office or residential buildings.
       (b) The department 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, where appropriate.
      (c) The department 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 or in other mercury-related programs and excel at reducing or eliminating mercury in air emissions, solid waste, and wastewater discharges.
      (d) To facilitate compliance with the disposal ban, the department shall prepare and publish best management practice guidelines for dental offices and laboratories.
       (e) The department shall, every two years, make available to the public information concerning the amount of mercury diverted from the solid waste stream that would otherwise be sent to solid waste management facilities for disposal or incineration.
      Section 6N. State Procurement Preferences for Low or Non-Mercury-Added Products. Within six months of the effective date of this Act, notwithstanding other policies and guidelines for the procurement of equipment, supplies, and other products, the state procurement officer, the state university system, and state agencies shall not purchase any mercury-added product until such time as said officer, university system, or agency demonstrates to the satisfaction of the department that alternatives have been fully analyzed and are not cost-effective or available. The department shall consider whether the product that would substitute for the mercury-added product would be less energy efficient that the mercury-added product. No later than September 1 of each year, the department shall submit a written report to the legislature on the categories and quantities of alternatives to mercury-added products purchased in the prior fiscal year and outline the steps taken to investigate and purchase alternatives to mercury-added products.
      Notwithstanding any general or specific law to the contrary, all state agencies and the university system shall comply with the United States Environmental Protection Agency's Energy Star Program, and in so doing shall recycle or stabilize for retirement mercury-added lamps and other mercury-added products used by the state.
      Section 6O. Dental Insurance. 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.
      Section 6P. (a) The department shall adopt rules, regulations, procedures and standards as may be necessary for the implementation of this Act. The department shall consider simplifying and clarifying the rules and regulations governing collection, transportation storage, and management of discarded mercury, mercury-added products, and mercury-added formulated products.
      (b) The department shall promulgate regulations under this Act which are consistent with the federal Mercury-Containing and Rechargeable Battery Management Act at sections 14302 through 14336 of chapter 42 of the United States Code.
      Section 6Q. The department 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 four 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 department 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 department 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 9. Section 8 of chapter 21H of the General Laws, as so appearing, is hereby amended by inserting after the first appearance of the word "violation", in line 7, the following:- "except that any household that violates section six C of this chapter, or any rule, regulation, or order, issued or adopted under that provision shall not be subject; to a civil penalty."
       SECTION 10. This act shall take effect on November first, two thousand and two.