04-R 339

2004 -- S 3209

Enacted 06/22/04

S E N A T E R E S O L U T I O N

RESPECTFULLY URGING THE MERCURY REDUCTION OVERSIGHT COMMISSION TO PREVENT MERCURY POLLUTION FROM AUTO PARTS

Introduced By: Senator Dominick J. Ruggerio

Date Introduced: June 22, 2004

     WHEREAS, The Mercury Reduction Oversight Commission has the mission to prevent

human sources of mercury from contaminating the environment (air, water, soil); and

     WHEREAS, The Mercury Reduction and Education Act passed by the General Assembly

in 2001 has declared that mercury is a persistent and toxic pollutant that bioaccumulates in the

environment, and mercury deposition has proven to be a significant problem in the northeastern

United States; and

     WHEREAS, The Mercury Reduction and Education Act prohibits the disposal of

mercury-added products by means other than recycling or hazardous waste disposal as of July

2005; and

     WHEREAS, Convenience light switches and other auto parts may contain mercury, and

therefore pose a threat to human health and the environment if improperly disposed of at the end

of their useful life; and

     WHEREAS, An estimated 890 pounds of mercury has been released from Rhode Island

autos over the past 30 years and an equal amount could be released over the next two decades if

action is not taken soon to recover the mercury from vehicles before they are scrapped; and

     WHEREAS, The Mercury Reduction and Education Act exempts mercury-added

components as contained in motor vehicles from the disposal ban (23-24.9-9) and collection plan

(23-24.9-10); and

     WHEREAS, The state currently has no system to address the need to collect mercury

added to auto parts before they are incinerated or otherwise released into the environment; and

     WHEREAS, Mercury from auto parts threatens the health of Rhode Islanders, and the

Rhode Island Health Department warns young children and pregnant or nursing women not to eat

any freshwater fish caught in Rhode Island due to mercury contamination; and

     WHEREAS, The state of Maine has successfully implemented a mercury switch

collection program which has withstood legal challenges and is effectively collecting mercury-

added switches for recycling; and

     WHEREAS, An effective mercury product recycling system must be convenient and

minimize costs to taxpayers and to consumers; and

     WHEREAS, Auto manufacturers should be responsible for ensuring proper handling,

recycling and disposal of discarded products and that costs associated with consolidation, handing

and recycling be internalized by the manufacturers; and

     WHEREAS, A system of producer responsibility for the collection and recycling of

mercury-added auto parts is the most effective and equitable means of keeping this toxic waste

out of the waste stream and environment, while also providing and a powerful incentive for

manufacturers to reduce toxins and re-design products for recycling; and

     WHEREAS, Auto manufacturers should have the flexibility to act in partnership with

each other, with state, municipal and regional governments and with businesses that provide

collection and handling services to develop, implement and promote a safe and effective

recycling system for mercury-added auto parts; now, therefore be it

     RESOLVED, That this Senate of the State of Rhode Island and Providence Plantations

hereby respectfully urges the Mercury Reduction Oversight Commission to develop a plan to

address the collection and recycling of mercury added auto parts in a manner that is convenient

and minimizes costs to taxpayers and consumers; and

     RESOLVED, That this Senate of the State of Rhode Island and Providence Plantations

hereby respectfully urges the Mercury Reduction Oversight Commission to submit to the General

Assembly no later than January 30, 2005 a recommended plan, including any legislation

necessary to implement the plan, for the collection and recycling of mercury- added auto parts

that utilizes producer responsibility; and be it further

     RESOLVED, That the Secretary of State be and he hereby is authorized and directed to

submit duly certified copies of this resolution to the Chair of the Mercury Reduction Oversight

Commission, and all of the commission members.

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LC03716

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