Skip to Content


HOUSE DOCKET, NO. 512         FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 814

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Ellen Story and Thomas M. McGee

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to producer responsibility for mercury-added lamps.

_______________

PETITION OF:

 

Name:

District/Address:

Ellen Story

3rd Hampshire

Thomas M. McGee

Third Essex

Robert M. Koczera

11th Bristol

Sarah K. Peake

4th Barnstable

William N. Brownsberger

Second Suffolk and Middlesex

Louis L. Kafka

8th Norfolk

Kay Khan

11th Middlesex

Ruth B. Balser

12th Middlesex

Timothy J. Toomey, Jr.

26th Middlesex

Michael F. Rush

Norfolk and Suffolk

David Paul Linsky

5th Middlesex

Peter V. Kocot

1st Hampshire

Cory Atkins

14th Middlesex

Paul J. Donato

35th Middlesex

Lori A. Ehrlich

8th Essex

James B. Eldridge

Middlesex and Worcester

Jonathan Hecht

29th Middlesex

Stephen Kulik

1st Franklin

Denise Provost

27th Middlesex

John W. Scibak

2nd Hampshire

Frank I. Smizik

15th Norfolk

Carlos Henriquez

5th Suffolk

John J. Mahoney

13th Worcester

Jay R. Kaufman

15th Middlesex

Tom Sannicandro

7th Middlesex

James M. Murphy

4th Norfolk

Thomas P. Conroy

13th Middlesex

Marjorie C. Decker

25th Middlesex

Denise Andrews

2nd Franklin

Danielle W. Gregoire

4th Middlesex


HOUSE DOCKET, NO. 512        FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 814

By Representative Story of Amherst and Senator McGee, a joint petition (accompanied by bill, House, No. 814) of Ellen Story, Thomas M. McGee and others that manufacturers of mercury-added lamps implement a recycling program.  Environment, Natural Resources and Agriculture. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1163 OF 2011-2012.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act relative to producer responsibility for mercury-added lamps.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              Section 6J of Chapter 21H of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking subsections (d), (e), and (f) and inserting in place thereof the following subsections:-

              (d)       (1) Effective January 1, 2015, each manufacturer of a mercury-added lamp offering for sale or distribution mercury-added lamps in the Commonwealth shall, individually or collectively, implement a department approved mercury-added lamp recycling program for lamps sold or distributed in the Commonwealth for household use. 

              (2) The recycling program required under subparagraph (1) shall include the following elements:

              (i) Convenient collection locations throughout the Commonwealth where reasonable operation costs are provided by the manufacturer and where mercury-added lamps can be deposited for recycling at no charge to the household consumer;

              (ii) Handling and recycling equipment and practices in compliance with all applicable law;

              (iii) Effective education and outreach, including but not limited to point of purchase signage and other materials provided to retail establishments without cost;

              (iv) Reporting to the department by February 15 of each calendar year the number of lamps recycled under the program in the previous calendar year, the estimated number of out-of-service mercury-added lamps in the previous calendar year, the methodology for estimating the number of out of service mercury-added lamps previously approved by the department following the solicitation of public comment, an evaluation of the effectiveness of the program, recommendations for increasing the number of lamps recycled under the program, and an accounting of the costs associated with administering and implementing the recycling program.

              (v) Independent, third party verification of the numbers reported in the previous subsection (Section 6J (d) (2) (iv)).

              (3) Each manufacturer required to implement a recycling program under paragraph (1) shall submit its proposed program for department review and approval by January 1, 2015.  The department shall solicit public comment on the proposed program before approving or denying the program.

              (4) Beginning April 1, 2016, a manufacturer not in compliance with this section is prohibited from offering any mercury-added lamp for final sale in the Commonwealth, or distributing any mercury-added lamp in the Commonwealth.  A manufacturer not in compliance with this section shall provide the necessary support to mercury-added lamp retailers to ensure the manufacturer’s mercury-added lamps are not offered for sale, sold at final sale, or distributed in the Commonwealth. 

              (5)  No mercury-added lamp wholesaler shall sell mercury-added lamps unless the wholesaler informs the purchaser in writing on the invoice or another separate document that the lamps contain mercury and that the lamps are prohibited from placement in a solid waste landfill or combustor.  Retail establishments that incidentally sell mercury-added lamps are exempt from the requirements of this subsection.

              (6) Any contractor who removes mercury-added lamps shall inform the person for whom the work is being done:

              (i) That a removed mercury-added lamp contains mercury; and

              (ii) How the removed mercury-added lamp should be discarded.

              (7) A mercury-added lamp retailer shall not offer for final sale a mercury-added lamp produced by a manufacturer not in compliance with this section.  The department shall notify retailers of any manufacturers of mercury-added lamps deemed not in compliance with section.

              (8) Recycling goals of 50% in 2013, 60% in 2014, and 70% thereafter are hereby established for the mercury-added lamp recycling program in the Commonwealth.

              (e)        (1) Beginning on April 15, 2015, and annually thereafter, the department shall report to the house and senate committees on ways and means on the progress made in achieving these recycling goals, modifications (if any) to the program it intends to require in the manufacturer programs as needed to improve lamp recycling rates, and recommendations (if any) for statutory changes needed to facilitate mercury-added lamp collection and recycling.

              (2) The report for calendar year 2015 shall include:

              (i)  An estimate of the number of lamps recycled and the recycling rate for mercury-added lamps from small businesses over each of the last three years;

              (ii)  Proposed goals for the recycling of mercury-added lamps from small businesses reasonably consistent with the goals in this section for households;

              (iii) A comprehensive strategy for meeting the proposed recycling goals;

              (iv) Any proposed statutory changes recommended as necessary to implement the strategy proposed in the report;

              (v) The availability of non-mercury lamps to replace mercury-use lamps and any legislative changes as appropriate to reduce mercury use in lamps.

              (f)               (1) The department shall adopt rules establishing mercury content standards for lamps sold or manufactured in the Commonwealth on or after January 1, 2015.  The standards shall be consistent with those standards adopted in other states minimizing the mercury content of lamps, except that if one or more categories of lamps are not covered by the mercury content standards established in other states, the department may adopt standards minimizing the mercury content of lamps within those categories, including adoption of a no-mercury standard if a non-mercury alternative is available at a cost comparable to a mercury alternative.

              (2)  The rules adopted under paragraph (1) must provide that:

              (i) A manufacturer of mercury-added lamps sold or being offered for sale in the Commonwealth shall prepare and, at the request of the department, submit within 28 days of the date of the request technical documentation or other information showing that the manufacturer's mercury-added lamps sold or offered for sale in the Commonwealth comply with the rules. If the manufacturer of a mercury-added lamp being sold or offered for sale does not provide the documentation requested, that manufacturer may not be allowed to sell or offer for sale mercury-added lamps in the Commonwealth; and

              (ii) A manufacturer of mercury-added lamps sold or being offered for sale in the Commonwealth shall provide upon request a certification to a person who sells or offers for sale a mercury-added lamp of that manufacturer. The certification must attest that the mercury-added lamp does not contain levels of mercury that would result in the prohibition of that lamp being sold or offered for sale in the Commonwealth. If the manufacturer of a mercury-added lamp being sold or offered for sale does not provide the certification requested, that manufacturer may not be allowed to sell or offer mercury-added lamps for sale in the Commonwealth.

              (2) Procurement of low mercury lamps. It is the policy of the Commonwealth to promote the manufacture of lamps containing the lowest possible mercury content while maximizing energy efficiency and lamp life by purchasing lamps with such attributes and providing information to other large purchasers of lamps.

              (i)  When purchasing lamps for use in state buildings, the commissioner of buildings and general services shall request from potential suppliers information about mercury content, energy use, and lamp life.  The commissioner of buildings and general services shall purchase lamps with the lowest possible mercury content.  The commissioner of buildings and general services shall make available to the public information obtained under this subsection on the mercury content, energy use, and lamp life of lamps. When purchasing lighting or lamps, the agency shall comply with those requirements that the commissioner of buildings and general services is subject to.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error