2011 Vermont Code
Title 03 Appendix Executive Orders
Chapter 10 CONSERVATION AND DEVELOPMENT
§ 26 10-26. (No. 03-02) [ Reduction of Mercury Use]

Executive Order No. 10-26

(No. 03-02)

[Reduction of Mercury Use]

WHEREAS, mercury is a persistent and toxic pollutant that has accumulated in Vermont's environment, especially in aquatic environments; and

WHEREAS, most of Vermont's mercury contamination comes from large generators of air pollution located in upwind regions of the country; and

WHEREAS, this pollution is harmful to health and the environment; and

WHEREAS, consumption of certain fresh and salt water fish above the state's fish consumption advisory levels may pose a health risk, especially to young children and women of child bearing age because of mercury pollution; and

WHEREAS, Vermont's fish-consuming wildlife are also threatened from mercury contamination; and

WHEREAS, approximately one third of Vermont's impaired waters are impaired because of air deposition of mercury; and

WHEREAS, Vermont and other New England States and the Eastern Canadian Provinces support the virtual elimination of mercury from the environment; and

WHEREAS, Vermont and other New England States agreed to approaches to obtain reduction of air deposition of mercury, including litigation against sources of that pollution; and

WHEREAS, one additional source of mercury contamination in the environment is the release of mercury from numerous types of consumer products including thermometers, lamps, thermostats, medical instruments, and numerous products containing mercury switches (such as autos, pumps and gauges) when they are disposed of or broken; and

WHEREAS, mercury-free or low mercury alternative products exist for many consumer products containing mercury; and

WHEREAS, Vermont must do its part to remove mercury from the environment; and

WHEREAS, Vermont has implemented mercury education and reduction programs and a precedent setting mercury product labeling law to alert consumers of mercury content; and

WHEREAS, Vermont state government has a duty and responsibility to lead by example in conserving natural resources and practicing pollution prevention, and has taken numerous actions through the Vermont Clean State Program to reduce wasteful practices and reduce toxic chemical use and release.

NOW THEREFORE, BE IT RESOLVED THAT I, HOWARD DEAN, by virtue of the power vested in me as Governor, do hereby order state agencies, departments and offices.

1. To eliminate the purchase of products that contain mercury where mercury-free alternatives exist at reasonable cost and comparable performance to mercury-added products.

2. Where such mercury-free alternative products do not exist, I order that preference be given to the purchase of products with the lowest total mercury content feasible (and documented as such) and products that bear a mercury content warning label as required of product manufacturers under Vermont law.

3. These practices shall be reflected in the administrative purchasing policies of the state no later than July 1, 2002 and in all new contracts issued after the effective date of this order.

4. The Department of Environmental Conservation shall assist the Department of Buildings and General Services in identifying mercury-added products and low and mercury-free product alternatives.

5. The Department of Environmental Conservation and the Department of Buildings shall jointly report to the Secretary of the Agency of Administration annually regarding compliance with this Executive Order.

6. This Executive Order shall take effect upon signing and shall sunset on June 30, 2012.

Dated April 4, 2002.