Bill Text: OR SB1512 | 2012 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to lighting that contains mercury.
Spectrum: Unknown
Status: (Passed) 2012-03-20 - Effective date, January 1, 2013. [SB1512 Detail]
Download: Oregon-2012-SB1512-Engrossed.html
Bill Title: Relating to lighting that contains mercury.
Spectrum: Unknown
Status: (Passed) 2012-03-20 - Effective date, January 1, 2013. [SB1512 Detail]
Download: Oregon-2012-SB1512-Engrossed.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 236
A-Engrossed
Senate Bill 1512
Ordered by the Senate February 10
Including Senate Amendments dated February 10
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Environment and Natural Resources)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Makes legislative findings regarding lighting that contains
mercury. Prohibits sale or offer for sale of { - lighting that
contains - } { + electric lamps that contain + } mercury in
excess of specified amounts. Makes sale or offer for sale of
{ - certain lighting that contains mercury - } { + such
lighting + } unlawful trade practice. Specifies state procurement
policy related to lighting that contains mercury. Requires
{ - certain reports - } { + report + } to Legislative
Assembly.
A BILL FOR AN ACT
Relating to lighting that contains mercury; creating new
provisions; and amending ORS 646.608.
Be It Enacted by the People of the State of Oregon:
{ +
FINDINGS + }
SECTION 1. { + The Legislative Assembly finds that it is in
the best interest of this state to:
(1) Reduce the amount of mercury in lighting that contains
mercury; and
(2) Continue to work with federal, state and local government
agencies as well as manufacturers, retailers and others to expand
opportunities for consumers to recycle lighting that contains
mercury. + }
{ +
DEFINITIONS + }
SECTION 2. { + As used in sections 1 to 4 of this 2012 Act:
(1) 'Lighting that contains mercury' means an electric lamp,
including compact fluorescent lamps, straight fluorescent lamps
and nonlinear fluorescent lamps, to which mercury or mercury
compounds are added during the manufacturing process.
(2) 'Long lifetime' means 25,000 hours or more when tested on
an electronic ballast, including T8 instant start ballasts and T5
programmed start ballasts, and turned off and on every three
hours.
(3) 'Normal lifetime' means less than 25,000 hours when tested
on an electronic ballast, including T8 instant start ballasts and
T5 programmed start ballasts, and turned off and on every three
hours.
(4)(a) 'Producer of lighting that contains mercury' means any
person that:
(A) Manufactures and sells lighting that contains mercury under
its own brand;
(B) Resells under its own brand lighting that contains mercury
produced by other suppliers;
(C) Imports or exports lighting that contains mercury on a
professional basis; or
(D) Serves as the importer or domestic distributor of lighting
that contains mercury if the brand name owner is located outside
of the United States.
(b) 'Producer of lighting that contains mercury' does not mean
a reseller of lighting that contains mercury if the brand of the
manufacturer of the lighting that contains mercury appears on the
lighting.
(5) 'Special purpose lighting' means appliance lighting, black
lighting, germicidal lighting, bug lighting, colored lighting,
plant lighting, straight fluorescent reflector lighting,
reprographic lighting, shatter resistant lighting, cold
temperature lighting and three-way lighting. + }
{ +
MERCURY CONTENT STANDARDS + }
SECTION 3. { + (1) A producer of lighting that contains
mercury may not sell, offer for sale or distribute in this state
any electric lamps that contain mercury in an amount exceeding,
per lamp, the following mercury content standards:
(a) 4 milligrams for screw-based compact fluorescent lamps less
than 25 watts.
(b) 5 milligrams for compact fluorescent lamps equal to or more
than 25 watts and less than 40 watts.
(c) 3 milligrams for straight fluorescent T5 lamps with a
normal lifetime.
(d) 4 milligrams for straight fluorescent T8 lamps with a
normal lifetime.
(e) 5 milligrams for straight fluorescent T5 and T8 lamps with
a long lifetime.
(f) 15 milligrams for T12 8-foot straight fluorescent lamps.
(2) The mercury content standard specified in subsection (1)(d)
of this section does not apply to 8-foot models of straight
fluorescent T8 lamps.
(3) The mercury content standards specified in subsection (1)
of this section do not apply to:
(a) High-output, and very high-output, straight fluorescent
lamps more than 32 millimeters in diameter.
(b) Mogul bi-pin based lamps.
(c) Preheat straight fluorescent lamps of any size.
(d) Special purpose lighting.
(e) High intensity discharge lamps. + }
{ +
STATE PROCUREMENT POLICY + }
SECTION 4. { + When making procurement decisions on lighting
that contains mercury, the Oregon Department of Administrative
Services, after consultation with the Department of Environmental
Quality, shall request information on mercury content, energy
use, lumen output and lighting lifetime from potential suppliers
and shall, in accordance with the Public Contracting Code and
rules adopted under the Public Contracting Code, issue
specifications and make procurement decisions that favor lighting
that contains mercury that meets the mercury content standards
established by section 3 of this 2012 Act. + }
{ +
JANUARY 1, 2014, REPORT TO LEGISLATIVE ASSEMBLY + }
SECTION 5. { + On or after January 1, 2014, the Department of
Environmental Quality shall report to the Legislative Assembly in
the manner provided by ORS 192.245 if the department determines
that the State of California has adopted, in whole or in part,
the mercury content standards for compact fluorescent lamps
contained in the RoHS 2 Directive, Directive 2011/65/EC, adopted
by the European Parliament and the Council of the European Union
on June 8, 2011, on the restriction of certain hazardous
substances in electrical and electronic equipment. The department
shall also consider any amendments to the RoHS 2 Directive. The
report must also include the department's recommendation on
whether the Legislative Assembly should change the amount of
mercury allowed under the mercury content standards established
by section 3 of this 2012 Act. + }
{ +
UNLAWFUL TRADE PRACTICES + }
SECTION 6. ORS 646.608 is amended to read:
646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
(a) Passes off real estate, goods or services as those of
another.
(b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
(c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
(d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
(e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
(f) Represents that real estate or goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
(g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
(h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
(i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
(j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
(k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
(L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
(m) Performs service on or dismantles any goods or real estate
when not authorized by the owner or apparent owner thereof.
(n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
(o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
(p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
(q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver them as
promised.
(r) Organizes or induces or attempts to induce membership in a
pyramid club.
(s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
(t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
(u) Engages in any other unfair or deceptive conduct in trade
or commerce.
(v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
(w) Manufactures mercury fever thermometers.
(x) Sells or supplies mercury fever thermometers unless the
thermometer is required by federal law, or is:
(A) Prescribed by a person licensed under ORS chapter 677; and
(B) Supplied with instructions on the careful handling of the
thermometer to avoid breakage and on the proper cleanup of
mercury should breakage occur.
(y) Sells a thermostat that contains mercury unless the
thermostat is labeled in a manner to inform the purchaser that
mercury is present in the thermostat and that the thermostat may
not be disposed of until the mercury is removed, reused, recycled
or otherwise managed to ensure that the mercury does not become
part of the solid waste stream or wastewater. For purposes of
this paragraph, 'thermostat' means a device commonly used to
sense and, through electrical communication with heating, cooling
or ventilation equipment, control room temperature.
(z) Sells or offers for sale a motor vehicle manufactured after
January 1, 2006, that contains mercury light switches.
(aa) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
(bb) Violates ORS 646A.070 (1).
(cc) Violates any requirement of ORS 646A.030 to 646A.040.
(dd) Violates the provisions of ORS 128.801 to 128.898.
(ee) Violates ORS 646.883 or 646.885.
(ff) Violates ORS 646.569.
(gg) Violates the provisions of ORS 646A.142.
(hh) Violates ORS 646A.360.
(ii) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
(jj) Violates ORS 646.563.
(kk) Violates ORS 759.690 or any rule adopted pursuant thereto.
(LL) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
(mm) Violates ORS 646A.210 or 646A.214.
(nn) Violates any provision of ORS 646A.124 to 646A.134.
(oo) Violates ORS 646A.095.
(pp) Violates ORS 822.046.
(qq) Violates ORS 128.001.
(rr) Violates ORS 646.649 (2) to (4).
(ss) Violates ORS 646A.090 (2) to (4).
(tt) Violates ORS 87.686.
(uu) Violates ORS 646.651.
(vv) Violates ORS 646A.362.
(ww) Violates ORS 646A.052 or any rule adopted under ORS
646A.052 or 646A.054.
(xx) Violates ORS 180.440 (1) or 180.486 (1).
(yy) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
(zz) Violates ORS 87.007 (2) or (3).
(aaa) Violates ORS 92.405 (1), (2) or (3).
(bbb) Engages in an unlawful practice under ORS 646.648.
(ccc) Violates ORS 646A.365.
(ddd) Violates ORS 98.854 or 98.858 or a rule adopted under ORS
98.864.
(eee) Sells a gift card in violation of ORS 646A.276.
(fff) Violates ORS 646A.102, 646A.106 or 646A.108.
(ggg) Violates ORS 646A.430 to 646A.450.
(hhh) Violates a provision of ORS 744.318 to 744.384, 744.991
and 744.992.
(iii) Violates a provision of ORS 646A.702 to 646A.720.
(jjj) Violates ORS 646A.530 30 or more days after a recall
notice, warning or declaration described in ORS 646A.530 is
issued for the children's product, as defined in ORS 646A.525,
that is the subject of the violation.
(kkk) Violates a provision of ORS 697.612, 697.642, 697.652,
697.662, 697.682, 697.692 or 697.707.
(LLL) Violates the consumer protection provisions of the
Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., as
in effect on January 1, 2010.
(mmm) Violates a provision of ORS 646A.480 to 646A.495.
(nnn) Violates ORS 646A.082.
(ooo) Violates ORS 646.647.
(ppp) Violates ORS 646A.115.
(qqq) Violates a provision of ORS 646A.405.
(rrr) Violates ORS 646A.092.
(sss) Violates a provision of ORS 646.644.
(ttt) Violates a provision of ORS 646A.295.
{ + (uuu) Violates section 3 of this 2012 Act. + }
(2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
(3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
(4) An action or suit may not be brought under subsection
(1)(u) of this section unless the Attorney General has first
established a rule in accordance with the provisions of ORS
chapter 183 declaring the conduct to be unfair or deceptive in
trade or commerce.
(5) Notwithstanding any other provision of ORS 646.605 to
646.652, if an action or suit is brought under subsection (1)(xx)
of this section by a person other than a prosecuting attorney,
relief is limited to an injunction and the prevailing party may
be awarded reasonable attorney fees.
{ +
MISCELLANEOUS + }
SECTION 7. { + Section 4 of this 2012 Act applies to
procurement decisions regarding lighting that contains mercury
that are made on or after the effective date of this 2012
Act. + }
SECTION 8. { + The unit captions used in this 2012 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2012 Act. + }
----------
