September 13, 2005, Introduced by Reps. Anderson, Lipsey, Alma Smith, Kehrl, Brandenburg, Clack, Condino, Kolb, Murphy, Farrah, Gillard, Brown, Adamini, Plakas, Gleason, Leland, Meisner, Hood, Donigan and Bieda and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding section 17207.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17207. (1) Beginning January 1, 2006, a manufacturer
shall not sell a mercury-added novelty in this state. Beginning
January 1, 2008, a manufacturer shall not sell any other mercury-
added product in this state unless the manufacturer has applied for
and received an exemption from this subsection from the director
under this section.
(2) The director may grant a manufacturer an exemption from
subsection (1) that allows the manufacturer to sell a mercury-added
product that is not a mercury-added novelty in this state. The
director shall not grant a manufacturer an exemption from
subsection (1) that allows the manufacturer to sell a mercury-added
novelty.
(3) Before granting an exemption under subsection (2) or a
renewal of an exemption under subsection (4), the director shall
hold at least 1 public hearing on the proposed exemption or
renewal, preceded by a 60-day public comment period. The director
may only grant an exemption or renewal if he or she finds that all
of the following are met at the time the application for exemption
or renewal is submitted:
(a) Use of the product benefits the environment or protects
public health or public safety.
(b) There is no technically feasible alternative to the use of
mercury or mercury compounds in the product.
(c) There is no comparable product that does not contain
mercury or mercury compounds available at a reasonable cost.
(d) The manufacturer or an industry or trade association of
manufacturers has in place a take-back program for all mercury-
added products sold in this state that is available to all users of
mercury-added products on a regular basis. The manufacturer shall
submit verifiable documentation of the program with the application
for exemption.
(4) The director shall not grant an exemption under subsection
(1) for a period of more than 2 years. A manufacturer may apply for
and the director may grant 1 or more renewals of an exemption. The
director shall not grant a renewal of an exemption for a period of
more than 2 years.
(5) The director shall make a list of each mercury-added
product that is exempt from subsection (1) available to the public
on the department's internet website.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 186 or House Bill No. 4058.
(b) Senate Bill No. 557 or House Bill No. 4948.