§ 23-24.9-2.1 - Oversight and systems planning.
SECTION 23-24.9-2.1
§ 23-24.9-2.1 Oversight and systemsplanning. – (a) The general assembly further finds:
(1) That reduction and elimination of health andenvironmental threats from mercury is a highly complex undertaking requiringcooperation among policy makers, public health and environmental officials andadvocates, private businesses from diverse industries and sectors, consumers,and the general public within Rhode Island and depending on actions in otherstates and at the federal level;
(2) That systems planning is critical to the smooth,effective, and efficient implementation of programs to reduce and eliminatehealth and environmental threats from mercury in Rhode Island;
(3) That the implementation of the provisions of this chapterbetween July 2001 and July 2003 has been incomplete and partial and has givenrise to unintended consequences; and
(4) That additional time is required to study how to make theprovisions of this chapter more efficient and effective and to provide forneeded systems planning.
(b) There is hereby created a fourteen (14) member commissionon oversight and planning for mercury hazard reduction and elimination with thefollowing membership: nine (9) members to be appointed by the governor; four(4) representatives of private business; one of whom shall be an engineer withexpertise in manufacturing processes and pollution prevention; one of whomshall be an expert on the effects of mercury on public health and/or theenvironment; one of whom shall be a representative of consumer interests, andtwo (2) of whom shall be representatives of advocacy organizations, and five(5) of whom shall be ex officio, voting members: the director of the departmentof environmental management, the director of the department of health, theexecutive of the Rhode Island economic development corporation, the executivedirector of the Rhode Island resource recovery corporation, and the executivedirector of the Rhode Island League of Cities and Towns. The ex-officio membersmay designate an alternate in writing who shall have voting privileges. Themembers of the commission shall not receive compensation services. From themembership of the commission, the governor shall designate a chairperson.
(2) The purposes of the commission shall be to study thesystem for reducing and eliminating mercury hazards in Rhode Island, including,but not limited to:
(A) Identifying current and projected sources of mercuryhazards;
(B) Evaluating programs and efforts to reduce the sources ina cost-effective and efficient manner that does not place Rhode Island at adisadvantage with other states;
(C) Building on effective efforts in other states andachieving a consistency with other states in terms of approach and timing ofimplementation; and
(D) Determining the availability and effectiveness toconsumers and the public of programs, facilities for disposal and recyclingmercury-added products, and education about mercury-added products and mercuryhazards. On or before March 1, 2004, and on or before September 1, 2004, thecommission shall present to the governor, the speaker of the house ofrepresentatives, and the president of the senate an interim progress reportinforming them of the scope and progress of the commission's work, to date. Thecommission shall report its findings and recommendations to the governor, thespeaker of the house, and the president of the senate by January 1, 2005, whichrecommendation shall include such proposals as the commission deems necessaryor appropriate for amendments to this chapter.
(3) The commission shall meet at the call of the chair, andshall have the power to adopt bylaws for its organization and appoint suchofficers and committees as it deems appropriate.
(4) All departments and agencies of the state shall furnishsuch advice and information, documentary or otherwise, and such support andassistance as the commission deems necessary or desirable. The director ofadministration shall arrange meeting space for and organizational support tothe commission.
(5) The commission shall terminate effective July 1, 2005.
(c) In order to provide time for the commission to completeits work, for planning and implementing such changes to programs as may beproposed, and for enacting such changes as may be desirable, that effectivedates for implementing the provisions of this chapter pertaining to phase-outsand exemptions (§ 23-24.9-7), labeling (§ 23-24.9-8), disposal bans(§ 23-24.9-9), collection of mercury-added products (§ 23-24.9-10),disclosure (§ 23-24.9-11), and violations (§ 23-24.9-16) shall beJuly 1, 2005, unless a later date is provided for in the section, and noactions to enforce said provisions may be undertaken until July 1, 2005, orafter, provided, however that voluntary use of the provisions shall befacilitated and allowed.