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words in boldface type and underscored are additions. Regular Session, 2006 ENROLLED

SENATE BILL NO. 615

B Y SENATORS FONTENOT, BAJOI E, HI NES, MOUNT AND NEVERS AND

REPRESENTATI VES ALARIO, DEWITT, DORSEY, HAMMETT,

JEFFERSON, RI CHMOND, RI TCHI E AND SALTER

AN ACT 1

To enact Chapter 23 of Subtitle II of Title 30 of t he Louisiana Revised Statutes of 1950, 2

consisting of R.S. 30:2571 through 2588, relative to environmental quality ; to create 3

and provide relative to the Mercury Risk Reduction Act; to authorize the secretary 4

of the Department of Environmental Quality to promulgate rules and regulations to 5

carry out the provisions of this Chapter; to provide for definitions; to provide for 6

manufacture r notifications; to provide relative to public disclosure of confidential 7

business information; to provide relative to restrictions on the sale of certain 8

mercury -added products; to provide for exemptions and phase outs; to provide 9

relative to labeling of mercu ry -added products; to provide relative to public 10

notification; to provide relative to the collection of mercury -added products; to 11

provide relative to disclosure for mercury containing formulated products; to provide 12

relative to the use of elemental mercury ; to provide relat ive to existing inventories 13

of mercury -added products; to authorize the Department of Environmental Quality 14

to implement a public education and outreach program; to provide relative to state 15

procurement preferences for low or non-mercury -added products; to provide relative 16

to mercury containing devices in water and wastewater sy stems; to provide for 17

penalties; and to provide for related matters. 18

Be it enacted by the Legislature of Louisiana: 19

Section 1. Chapter 23 of Subtitle I I of Title 30 of the Louisiana Revised Statutes of 20

1950, consisting of R.S. 30:2571 through 2588, is hereby enacted to read as follows: 21

CHAPTER 23. LOUISIANA MERCURY RISK REDUCTION ACT 22

§2571. Citation 23

This Chapter shall be known and may be cited as the "Louisiana 24 

# ACT No. 126SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. Mercury Risk Reduction Act." 1

§2572. Legislative declaration; control of mercury releases 2

A. The legislature finds and declares that the control of mercury releases 3

to the environment is essential for the reduction of human health risks. Mercury 4

in the environment represents a persistent and growing problem for the citizens 5

of the state. Mercury is a persistent and toxic pollutant that bioacculmulates in 6

the enviro nment. Mercury contamination in fish is resulting in increasing 7

issuance of fish consumption advisories to abate a significant public health 8

threat. Studies across the nation have documented that exposure to the elevated 9

levels of mercury in the environment has resulted in harm to fish-consuming 10

wildlife. There are many sources of mercury in the environment, many of which 11

have existing regulatory means for control. However, landfilling of municipal 12

and other solid waste with mercu ry-containing products, devices and substances 13

is a largely uncontrolled source of mercury to the environment. Removal of 14

mercury-containing products from the waste stream is an effective way to 15

reduce mercury. 16

B. Accidental mercury spills, breakages, and releases have occurred 17

throughout Louisiana and the nation, resulting in costly cleanups and mercury 18

exposures to humans, and often children, who represent one of the most 19

sensitive portions of the population. Nationally, health care facilities, 20

educational and research institut ions, and businesses have also experienced 21

significant employee exposures and incurred significant costs due to accidental 22

mercury releases. 23

C. The intent of this Act is to achieve significant reductions in 24

environmental mercury by encouraging the establishment of effective state and 25

local waste reduction, recycling, and management programs while encouraging 26

non-mercury alternatives. 27

D. The secretary of the Louisiana Departm ent of Environmental Quality 28

is hereby authorized to implement, by rules enacted pursuant to the Louisiana 29

Administrative Procedure Act, any and all regulations necessary to carry out 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. the provisions in this Chapter. The secretary may apply for grants, accept 1

donations, or seek appropriations from the state general fund to carry out the 2

provisions in this Chapter. The department shall not use existing fees collected 3

for another purpose to carry out the provisions of this Chapter. 4

§2573. Definitions 5

A. As used in this Chapter, unless the context clearly indicates otherwise, 6

the term: 7

(1) "Health care facility" means any hospital, nursing home, extended 8

care facility, long-term car e facility, clinical or medical laboratory, state or 9

private health or mental institution, clinic, physici an's office, or health 10

maintenance organization. 11

(2) "Formulated mercury-added product" means a chemical product, 12

including but not limited to laboratory chemicals, cleaning products, cosmetics, 13

pharmaceuticals, and coating materials, that are sold as a consistent mixture of 14

chemicals. 15

(3) "Fabricated mercury-added product" means a product that consists 16

of a combination of individual components that combine to make a single unit, 17

including but not limited to mercury-added measuring devices, lamps, and 18

switches. 19

(4) "Mercury-added product" means a product, commodity, chemical, 20

or a product with a component that contains mercury or a mercury compound 21

intentionally added to the product, commodity, chemical, or component in order 22

to provide a specific ch aracteristic, appearance, or quality or to perform a 23

specific function or for a ny other reason. These products include formulated 24

mercury-added products and fabricated mercury-added products. 25

(5) "Mercury fever thermometer" means a mercury-added product that 26

is used for measuring body temperature. 27

(6) "Mercury-added novelty" means a mercury-added product intended 28

mainly f o r personal or household enjoyment or adornment. Mercury-added 29

novelties include, but are not limited to, items intended for use as practical 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and 1

figures, candles, jewelry, holiday decoratio ns, items of apparel including 2

footwear, or similar products. 3

(7) "Manufacturer" means any person, firm, association, partnership, 4

corporation, governmental entity, organization, combination, or joint venture 5

which pr oduces a mercury-added product or an importer or domestic 6

distributor of a mercury-added product produced in a foreign country. In the 7

case of a multi-component mercury-added product, the manufacturer is the last 8

manufacturer to produce or assemble the pro duct. If the multi-component 9

product is produced in a foreign country, the manufacturer is the importer or 10

domestic distributor. 11

B. The mere presence of mercury as a contaminate d oes not of itself 12

make a product a mercury-added product. 13

C. Notwithstanding any other provision of this Chapter, dental amalgam, 14

amalgam dispose caps, capsulated dental amalgam, or elemental mercury 15

intended to be used for dental amalgam is not included in the definition of 16

mercury-added product when dispensed by a qualified health care provider. 17

Manufacturers of dental amalgam, amalgam d ispose caps, capsulated dental 18

amalgam and/or components of these items, and elemental mercury intended 19

to be used for dental amalgam are subject to this Section. 20

§2574. Notifications 21

A. Effective January 1, 2007, no mercury-added product shall be offered 22

for final sale or use or distributed for promotional purposes in Louisiana 23

without prior notification in writing by the manufacturer of the product to the 24

Department of Environmental Quality in accordance with the requirements of 25

this Section. The notification to the department shall at a minimum include: 26

(1) A brief description of the product to be offered for sale, use, or 27

distribution. 28

(2) The amount of and purpose for mercury in each unit of the product. 29

(3) The total amount of mercury contained in all products manufactured 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. by the manufacturer. 1

(4) The name and address of the manufacturer, and the name, address 2

and phone number of a contact at the manufacturer. 3

(5) For purposes of complying with this Section, the manufacturer may 4

submit to the Department of Environmental Quality copies of reports sent by 5

the manufacturer to the Interstate Mercury Education and Reduction 6

Clearinghouse (IMERC). At a minimum, copies of the reports shall contain the 7

information listed in Paragraphs (1) through (4) of this Subsection. Any 8

changes in the information contained in these re ports shall be reported to the 9

Department of Environmental Quality when those c hanges are reported to 10

IMERC. 11

B. Any mercury-added product for which federal law governs notice in 12

a manner that preempts state authority shall be exempt from the requirements 13

of this Section. 14

C. With the approval of the Department of Environmental Quality, the 15

manufacturer may supply the information required a bove for a product 16

category rath er than an individual product. The manufacturer shall update and 17

revise the information in the notification whenever there is significant change 18

in the information or when requested by the Department of Environmental 19

Quality. The Department of Environmental Quality may define and adopt 20

specific regulations in accordance with Louisiana Administrative Procedure Act 21

for the content and submission of the required notification. 22

D. Public disclosure of confidential business information submitted to 23

the Department of Environ m ental Quality pursuant to this Section shall be 24

governed by the require ments of R.S. 30:2030. Notwithstanding the 25

requirements o f R.S. 30:2030, the state may provide the Interstate Mercury 26

Education and Reduction Clearinghouse with copies of such information and 27

th e Department of Environmental Quality and the Interstate Mercury 28

Education and Reduction Clearinghouse may compile or publish analyses or 29

summaries of such information provided that the analyses or summaries do not 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. identify any manufacturer or reveal any confidential information. 1

§2575. Restrictions on the sale of certain mercury-added products 2

A. On and after July 1, 2007, no mercury-added novelty shall be offered 3

for final sale or use o r distributed for promotional purposes in Louisiana. 4

Manu facturers that produce and sell mercury-added novelties shall notify 5

retailers about the provisions of this product ban and how to disp ose of the 6

remaining inventory properly. No velties for which the only added mercury 7

comes fr om a removable mercury-added lamp or mercury-added button cell 8

battery are exempt from this Subsection if the m anufacturer of the mercury9

added lamp or mercury-added button cel l battery has complied with the 10

applicable provisions of R.S. 30:2574, 2577, 2578, 2579, and 2581. 11

B. On and after January 1, 2007, no person shall sell or supply mercury 12

fever thermometers to consumers and patients, exce pt by prescription. The 13

manufacturers of mercury fever thermometers shall, in addition to providing 14

not ice of mercury content and instructions on proper disposal, supply clear 15

instructions on the careful handling of the thermometer to avoid breakage and 16

on prope r cleanup should a breakage occur. Mercury fever thermometer 17

manufacturers shall also comply with R.S. 30:2574, 2576, 2577, 2579, and 2581. 18

C. On and after January 1, 2007, no school in Louisiana shall use or 19

purchase for use in a primary or secondary classroom, bulk elemental or 20

chemical mercury or mercury compounds. Manufacturers that produce and 21

sell such materials shall notify retailers about the provisions of this ban and how 22

to dispose of the remaining inventory properly. Other mercury-added products 23

that are used by schools are not subject to this prohibition. 24

D. On and after July 1, 2007, no mercury dairy or natural gas 25

manometers shall be offered for final sale or use or distributed for promotional 26

purposes in Louisiana. Manufacturers that produce and sell mercury dairy or 27

natural gas manometers shall n otify retailers about the provisions of this 28

product ban and how to dispo se of the remaining inventory properly. The 29

Department of Environmental Quality in consultation with the Louisiana 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. Department of Agriculture and Forestry and the Louisiana Department of 1

Natural Resources shall exam ine the feasibility of implementing a collection and 2

replacement program for dairy and natural gas manometers, respectively, 3

including technical and monetary assistance to operations that once contained 4

mercury manometers. 5

§2576. Exemptions and phase outs 6

A. No mercury-added product shall be offered for final sale or use or 7

distributed for promotional purposes in Louisiana if the mercury content of the 8

product exceeds: 9

(1) 1 gram (1,000 milligrams ) for mercury-added fabricated products or 10

250 parts per million (ppm) for mercury-added formulated products, on and 11

after July 1, 2008. 12

(2) 100 mill igrams for mercury-added fabricated products or 50 parts 13

per million (ppm) for mercury-added formulated products, effective July 1, 14

2010. 15

(3) 10 milligrams for mercury-added fabricated products or 10 parts per 16

million (ppm) for mercury-added formulated products, effective July 1, 2012. 17

B. For a product that contains one or more mercury-added products as 18

a component, this Section is applicable to each component part or parts and not 19

to the entire product. 20

C. For a product that contains more than one mercury-added product 21

a s a component, the phase out limits specified in Subsection A of this Sec tion 22

shall apply to each component and not the sum of the mercury in all of the 23

components. For a newly m anufactured automobile containing mercury-added 24

displays and lighting, the phase out limits would apply to each component 25

separately, and not the combined total of mercury in all of the components. 26

D. Fluorescent lamps shall be exempt from the requirements of 27

Subsection A of this Section. On and after July 1, 2014, the mercury content of 28

fluorescent bulbs must either not exce ed 10 milligrams or the manufacturer 29

must comply with the exemption requirements pursuant to Subsection F of this 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. Section. 1

E. A mercury-added product shall be exempt from the limits on total 2

mercury content set forth in Subsection A of this Section, if the level of mercury 3

or mercury compounds contained in the product are required in order to 4

comply with federal or state health, safety, or homeland security requirements. 5

In order to claim exemption under this Section the manufacturer must notify, 6

in writing, the Department of Environmental Quality and p rovide the legal 7

justification for the claim of exemption. 8

F. The department shall promulgate regulations that provide for 9

manufacturers to apply for exemptions from this Subsection. Such rules shall 10

provide that manufacturers of a mercury-added product may apply to the 11

Louisiana Department of Environmental Quality for an exemption from the 12

limits on total mercury content set forth in Subs ection A of this Section for a 13

product or category of products. Applications for exemptions must document 14

the basis for the requested exemption or renewal of exemption; describe how 15

the manufacturer will ensure that a system exists for the proper collection, 16

transportation, and processing of the products at the end of their useful life; and 17

document the readiness of all necessary parties to perform as intended in the 18

planned system. Th e Department of Environmental Quality may grant with 19

modifications or conditions an exemption for a product or category of products 20

if it finds that a system exists for the proper collection, transportation, and 21

processing of the mercury-added product. Such a system may include direct 22

return of a waste product to the manufactur er or an industry or trade group 23

that s upports a collection and recycling system, or other similar private and 24

public sector efforts and it considers each of the following criteria: 25

(1) Use of the product is beneficial to the environment or protective of 26

public health or protective of public safety. 27

(2) There is no technically feasible alternative to the use o f mercury in 28

the product. 29

(3) There is no comparable n on-mercury-added product available at 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. reasonable cost. 1

G. Prior to issuing an exemption the Department of Environmental 2

Quality shall consult with neighboring states and regional organizations to 3

promote consistency. The state shall avoid to the extent feasible inconsistencies 4

in the implementation of this Section. Upon reapplication by the manufacturer 5

and findings by the Department of Environmental Quality of con tinued 6

eligibilit y under the criteria of this Subsection and of compliance by the 7

manufacturer with the conditions of its original approval, an exemption may be 8

renewed one or more times and each renewal may be for a period of no longer 9

than two years. 10

§2577. Labeling of mercury-added products 11

A. No mercury-added product manufactured on and after July 1, 2008, 12

shall be offered for final sale or use or distributed for promotional purposes in 13

Louisiana unless both the product and its packaging are labeled in accordance 14

with this Section, any adopted rules, or the terms of any approved alternative 15

labeling or notification granted under R.S. 30:2579. A retailer may not be 16

found in violation of this Subsection if the retailer lacked knowledge that the 17

product contained mercury. 18

B. Where a mercury-added product is a component of another product, 19

the product containing the component and the component must both be labeled. 20

The label on a product containing a mercury-adde d component shall identify 21

the component with sufficient detail so that it may be r eadily located for 22

removal. 23

C. All labels must be clearly visible prior to sale and must inform the 24

purchaser, using words or symbols, that mercury is present in the product and 25

that the product should not be disposed of or placed in a waste stream destined 26

for disposal until the mercury i s removed and reused, recycled, or otherwise 27

managed to ensure that the mercury in the product does not become mixed with 28

other solid waste or wastewater. 29

D. Labels affixed to the product shall be constructed of materials that 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. are sufficiently durable to remain legible for the useful life of the product. 1

E. On and after July 1, 2008, any person offering a mercury-added 2

product for final sale or use or promotional purposes to an address in Louisiana 3

shall clearly advise the p urchaser or recipient at the point of sale that the 4

product contains mercury. This requirement shall apply to all transa c tions 5

where the purchaser or recipient is unable to view the labels on the package or 6

the product prior to purchase or receipt, including but not limited to catalogue, 7

telephone, and Internet sales. 8

F. Responsibility for product and package labels required by this 9

Section shall be on the manufactur er and not on the wholesaler or retailer 10

unless the whole saler or retailer agrees with the manufacturer to accept 11

responsibility in conjunction with implementation of an alternative to the 12

labeling requirements of this Section approved under R.S. 30:2578. In the case 13

of a multi-component product the responsible manufacturer is the last 14

m anufacturer to produce or assemble the product or, if the multi-component 15

product is produced in a foreign country, the responsible manufacturer is the 16

importer or domestic distributor. 17

§2578. Labeling for specific products 18

Notwithstanding the requirements of R.S. 30:2577, labeling of appliances 19

which are sold in a store where the appl iance is on display shall meet all 20

requirements of this Chapter except that no package labeling is r equired. 21

Labeling of fever thermometers and button cell batt eries shall meet all 22

requirements of this Section, except that no product labeling is required. 23

Labeling of newly manufactured motor vehicles shall meet all requirements of 24

this Section except that the mercury-added components are not required to be 25

labeled. A doorpost label shall list the mercury-added components that may be 26

present in the vehicle. 27

§2579. Alternative methods of public notification 28

A. A manufacturer may apply to the Department of Environmental 29

Qua lity for an alternative to the requirements of this Section where strict 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. compliance with the requirements is not feasible or the proposed alternative 1

would be at least as effective in providing pre-sale notif ication of mercury 2

content and in providing instructions on proper disposal or federal law governs 3

labeling in a manner that preempts state authority. 4

B. Applications for an alternative to the requirements under this Section 5

must document the justification for the requested alternative; describe how the 6

alternative ensures that purchasers or recipients of mercury-added products are 7

made aware of merc ury content prior to purchase or receipt; describe how a 8

person discarding the product will be made aware of the need for proper 9

handling to ensure t hat it does not become part of solid waste or wastewater; 10

document the readiness of al l necessary parties to implement the proposed 11

alternative; and describe the performance measures to be utilized by the 12

manufacturer to demonstrate that the alternative is providing effective pre-sale 13

notification and pre-disposal notification. 14

C. The Department of Environmental Quality may grant, deny, modify, 15

or condition a request for an alternative to the requirements of this Section and 16

approval of such alte rnative. The grant of the application for the alternative 17

method of public notification shall be for a period of no more than two years 18

and may, upon continued eligibil ity under the criteria of this Section and 19

compliance with the conditions of its prior approval, be renewed for two-year 20

intervals. Prior to approving an alternative, the Department of Environmental 21

Quality shall consult with neighboring states, provinces and regional 22

organizations to ensure that its labeling requirements are consistent with those 23

of other governments in the region. 24

§2580. Disposal ban and proper management of mercury in scrap metal 25

facilities 26

A. On and after January 1, 2007, mercury shall not be discharged to 27

water, wastewater treatment, and wastewater disposal systems except when it 28

is done in compliance with applicable local, state, and federal requirements. 29

B. No person shall crush a motor vehicle unless the person has made a 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. reasonable effort to remove or verify that the me rcury contained within 1

co nvenience lighting switches and antilock braking system components have 2

been removed. Obtaining a certification by a duly authorized representative of 3

the person delivering the scrap that the mercury contained within convenience 4

lighting switches and antilock braking system components required to be 5

removed have been removed and are not included with the scrap delivered, and 6

conducting a visual inspection as practicable of the scrap delivered shall 7

constitute verification that the mercury contained within convenience lighting 8

switches and antilock braking system components have been removed. 9

C. No person shall shred an appliance unless the p erson has made a 10

reasonable effort to remove or verify that the component mercury-add e d 11

products have been removed. Obtaining a certification by a duly authorized 12

representative of the person delivering the scrap that mercury-added products 13

required to be removed have been removed and are not included with the scrap 14

delivered and conducting a visual inspection as practicable of the scrap 15

delivered shall constitute verification that all of the component mercury-added 16

products have been removed. 17

§2581. Collection of mercury-added products 18

A. On and after July 1, 2007, no mercury-added product containing 19

more than ten milligrams of mercury shall be offered for final sale or use or 20

distribution for promotional purposes in Louisia na unless the manufacturer 21

either o n its own or in concert with other persons has submitted a plan for a 22

convenient and accessible co llection system for such products when the 23

consumer is finished with them and such a plan h as received approval of the 24

Department of Environmental Qua l ity. The manufacturer of any automobile 25

subject to the removal of the mercury contained within con venience lighting 26

switches and antilock braking system components as provided in R.S. 27

30 :2580(B) shall either on its own or in concert with other persons, submit a 28

plan effective u ntil January 1, 2017 for a convenient and accessible collection 29

system for the mer c ury contained within convenience lighting switches and 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. antilock braking system components w hen removed from end-of-life vehicles. 1

Where a mercury-added prod uct is a component of another product, the 2

collection system shall provide for removal and collection of the mercury-added 3

component. The department shall promulgate regulations that provide for the 4

requirements of the colle ction plan. Those regulations shall provide that the 5

collection system plan shall include all of the following elements: 6

(1) A public education program to inform the public about the purpose 7

of the collection program and how to participate in it. 8

(2) A targeted capture rate for the mercury-added products or 9

components. 10

(3) A plan for implementing the collection system. 11

(4) Documentation of the willingness of all necessary parties to 12

implement the proposed collection system. 13

(5) A description of the performance measures to be utilized and 14

reported by the manufacturer to demonstrate that the collection system is 15

meeting capture rate targets and other measures of program effectiveness as 16

required by the Department of Environmental Quality. 17

(6) A description of ad ditional or alternative actions that will be 18

implemented to improve the collection system and its operation in the event that 19

the program targets are not met. 20

B. In developing a collection system plan, manufacturers are encouraged 21

to utilize or expand on existing collection and recycling infrastructure. 22

C. Within a year of the Louisiana Department of Environmental Quality 23

approval of th e collection system plan, the manufacturer or entity that 24

submitted the plan on behalf of the manufacturer shall ensure that a convenient 25

and accessible recovery system for the users of those products is in full 26

operation. Two years following the implementation of the collection system plan 27

required under this Section an d biennially thereafter, the manufacturer or 28

entity that submitted the plan on behalf of the manufacturer shall submit a 29

report on the effectiveness of the collection system. The report shall include an 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. estimate of the amount of mercury that was collected, the capture rate for the 1

mercury-added products or components, the results of the other performance 2

measures included in the manufacturer’s collection system plan, and such other 3

information as the Department of Environmental Quality may req uire. Such 4

reports shall be made available to the public by the Depar tment of 5

Environmental Quality. 6

D. Mercury-added form ulated products intended to be totally consumed 7

in use, such as re agents, cosmetics, pharmaceuticals, and other laboratory 8

chemicals, shall be exempt from the requirements of this Section. 9

E. Manufacturers of mercury-added products may apply for an 10

exemption from the collection requirements of this Section by forwarding an 11

exemption request to the Louisiana Department of Environmental Quality. In 12

considering the request, the secretary shall consider the amount of mercury in 13

the mercury-added product, the total of the mercury-added pro duct sold in 14

Louisiana, the total amo unt of mercury-added product disposed of in Louisiana, 15

the feasibility of a collection system, and the overall risk to human health and 16

the environment posed by the mercury- added product. The secretary shall 17

promulgate rules for the implementation of this Section. 18

§2582. Disclosure for mercury-containing formulated products used in health 19

care facilities 20

On and after July 1, 2007, the manufacturer s of formulated mercury21

added products that ar e offered for sale or use to a health care facility in 22

Louisiana shall provide both the Department of Environmental Quality and the 23

recipient health care facility a notice of the mercury content of the product, 24

down to a 1 part per million level. The notice shall report the result of an 25

analysis performed for mercury on the specific batch or lo t of that product 26

offered for sale. The batch or lot number of the product s h all be clearly 27

identified on the product and on the notice. 28

§2583. Limitations on the use of elemental mercury 29

A. On and after July 1, 2007, no person shall offer for sale or distribute 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. for promotional purposes or provide elemental mercury without pr oviding a 1

Material Safety Data Sheet, as defined in 42 U.S.C. 11049, and the seller, 2

distributor, or provider shall require the purchaser or recipient at the time of 3

receipt of any elemental mercury to sign a statement attesting the purchaser or 4

recipient: 5

(1) Will use the mercury only for medical, d ental, research or 6

manufacturing purposes. 7

(2) Understands mercury is toxic and the purchaser will store, use, and 8

otherwise handle exposure to such mercury in accordance with regulations 9

promulgated by the department pursuant to the provisions of this Section. For 10

qualified health care provid ers, those regulations shall incorporate best 11

management practices in accordance with guidelines of the American Dental 12

Association, the American Medica l Association, and other nationally recognized 13

professional health care organizations. 14

(3) Will dispose of the elemental mercury in accordance with state, 15

federal, and local law and regulation. 16

B. The department shall promulgate regulations providing for the 17

appropriate man ner of disposal of mercury used for medical and dental 18

purposes. 19

C. To facilitate compliance with the disposal ban, the Department of 20

Environmental Quality may prepare and publish best managem ent practice 21

guidelines for dental offices and laboratories. 22

§2584. Existing inventories 23

A. Mercury-added p roducts with a code or date of manufacture 24

indic ating the products were manufactured prior to the effective date of this 25

Act, or that are meant to service products manufactured prior to the effective 26

date of this Act, are exempt from the provisions of R.S. 30:2575, 2576, 2578, 27

2581, and 2583 if there are no reasonable non-mercury alternatives. If the 28

mercury-added product has a date of manufacture or the manufacturer can 29

provide documentation that the product in question was manufactured prior to 30SB NO. 615 ENROLLED

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words in boldface type and underscored are additions. th e effective date of this Act, or the product is a service part for a product 1

manufactured prior to the effective date of this Act, it is exempt from the 2

provisions of R.S. 30:2575, 2576, 2578, 2581, and 2583 if there are no reasonable 3

non-mercury alternatives. Sit uations that are beyond the control of the 4

manufacturer, such as old stock being held by retailers, shall be addressed on 5

a case-by-case basis. 6

B. Medical equipment containing mercury-added products currently 7

being used in a heath care facility and manufactured prior to the effective date 8

of this Act may remain in service until replaced or refurbished. In the event a 9

mercury-added product being used i n a health care facility is refurbished, 10

medical equipment containing a mercury-added product shall be refurbished 11

with a non-mercury containing component, unless there is no reasonable non12

mercury alternative or the mercury containing component has been exempted 13

by the provisions of R.S. 30:2576. 14

§2585. Public education and outreach 15

A. The Department of Environmental Quality shall, as funds are 16

availabl e , implement a comprehensive public education, outreach, and 17

assistance program for households, hazardo us waste generators, local and 18

regional solid waste management agencies, small businesses, health care 19

facilities, scrap metal facilities, dismantlers, institutions, schools, and other 20

interested groups in concert with other relevant state agencies. Public 21

education, outreach, and assistance pr ograms should focus on the hazards of 22

mercury; the requirements and obligations of individuals and manufacturers, 23

and voluntary efforts that individuals, institutions, and businesses can 24

undertake to help further reduce mercury in the environment. The Department 25

of Environmental Quality shall cooperate with ma nufacturers of mercury26

added products and other affected businesses in the development and 27

implementation of public education and technical assistance programs. 28

B. The Department of Environmental Quality may develop an awards 29

program to recognize the accomplishments of ma nufacturers, municipalities, 30SB NO. 615 ENROLLED

Page 17 of 18

Coding: Words whic h are s truck through are deletions from existing law;

words in boldface type and underscored are additions. solid waste management facilities, solid waste recycling facilities, household 1

hazardous waste collection facilities, citizens, or others who go beyond the 2

minimum requirements in this legislation and excel at reducing or eliminating 3

mercury in air emissions, solid waste, and wastewater discharges. 4

§2586. State procurement preferences for low or non-mercury-added products 5

Notwithstanding any law to the co ntrary or any rule or regulation 6

promulgated pursuant th ereto, for the procurement of equipment, supplies, and 7

other products, all state agencies sha ll by July 1, 2007, revise their policies, 8

rules, and procedures to implement the purposes of this Act. In purchasing 9

decisions, state agencies shall give priority and preference to the pu rchase of 10

equipment, supplies, and other products that contain no mercu ry-added 11

compounds or compo nents, unless there is no economically feasible non12

mercury-added alternative that performs a similar function. In circumstances 13

where a non-mercury-added product is not available, preference shall be given 14

to the purchase of products that contain the least amount of mercury-added to 15

the product necessary for the required performance. The division of 16

administration is authorized to give a price preference of up to twenty percent 17

for products t h at contain no mercury or less mercury than comparable mercury 18

containing products. The procurement agent shall specify non-mercury or 19

reduced mercury-ad ded products, as applicable, in procurement bid documents. 20

State dental insurance contracts negotiated after the effective date of this Act 21

shall provide equal covera ge for non-mercury fillings and dental amalgam 22

fillings at no additional expense to the state employee. 23

§2587. Water and wastewater system use prohibition 24

A. On and after August 1, 2006, no person shall install a mercury switch 25

or mercury containing device in any drinking water system or waste water 26

system including, but not limited to level indicators, float sw itches, pump 27

control, and pressure sensing systems. 28

B. On and after July 1, 2009, all mercury devices shall be removed from 29

drinking water systems or wastewater systems where the installed switch may 30SB NO. 615 ENROLLED

Page 18 of 18

Coding: Words whic h are s truck through are deletions from existing law;

words in boldface type and underscored are additions. release mercury into the water, if damaged, broken or otherwise malfunctions. 1

Mercury-added devices external to drinking water and wastewater systems are 2

exempted from this provision. 3

C. Owners and opera tors of drinking water and wastewater management 4

facilities shall implement the following mechanisms: 5

(1) Posting of signs at the facility providing notice of the prohibition of 6

the introduction of mercury-added products at the facility. 7

(2) Development of written purchasing procedure to prohibit the 8

purchasing of mercury or mercury containing products that will risk the 9

introduction of mercury into drinking or waste waters. 10

§2588. Enforcement 11

A violation of any of the provisions of this Act or of any rule or 12

regulation promulgated pursuant thereto shall be punishabl e as provided in 13

R.S. 30:2025 and any other law providing for the protection of human heal t h 14

and the environment. 15

Section 2. This Act shall become effective upon signature by the governor or, if not 16

signed by the governor, upon expiration of the time for bills to become law without signature 17

by the governo r, as provided by Article I I I , Section 18 of the Constitution of Louisiana. I f 18

vetoed by the governor and subsequently approved by the legislature, this Act shall become 19

effective on the day following such approval. 20

PRESI DENT OF THE SENATE

SPEAKER OF THE HOUSE OF REPRESENTATI VES

GOVERNOR OF THE STATE OF LOUISIANA

APPROVED: