September 18, 2008, Introduced by Reps. Warren, Byrnes, Alma Smith, Vagnozzi, Valentine, Meadows, Donigan, Bauer, Miller, Tobocman, Sak, Coulouris and Condino and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 17201 (MCL 324.17201), as amended by 2006 PA
494, and by adding sections 17210, 17215, and 17217.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17201. As used in this part:
(a) "Appliance" means a refrigerator, dehumidifier, freezer,
oven, range, microwave oven, washer, dryer, dishwasher, trash
compactor, window room air conditioner, television, or computer.
Appliance does not include a home heating or central air-
conditioning system.
(b) "Manufacturer" means a person that produces, imports, or
distributes
mercury thermometers mercury-added
products in this
state.
(c) "Mercury fever thermometer" means a mercury thermometer
used for measuring body temperature.
(d) "Mercury relay" means a mercury-added product that opens
or closes electrical contacts to affect the operation of another
device in the same or another electrical circuit and includes, but
is not limited to, a mercury displacement relay, a mercury wetted
reed relay, a mercury contact relay, and a mercury contactor.
(e) "Mercury switch" means a mercury-added product that opens
or closes an electrical circuit or gas valve and includes, but is
not limited to, a mercury float switch actuated by rising and
falling liquid levels, a mercury tilt switch actuated by a change
in pressure, a mercury temperature switch actuated by a change in
temperature, and a mercury flame sensor. Mercury switch does not
include a thermostat.
(f) (d)
"Mercury thermometer"
means a product or component,
other than a dry cell battery, of a product used for measuring
temperature that contains mercury or a mercury compound
intentionally added to the product or component. Mercury
thermometer does not include a product or component of a product
that is used as a replacement for an existing thermometer that
measures temperature as part of a manufacturing process.
(g) (e)
"Thermostat" means a
consumer product that uses a
switch that contains mercury or a mercury compound to sense and
control room temperature, including room temperature in
residential, commercial, industrial, and other buildings, by
communicating with heating, ventilating, or air-conditioning
equipment. Thermostat does not include a product used to control
temperature as part of a manufacturing device.
Sec. 17210. (1) Beginning January 1, 2010, a person shall not
sell, offer for sale, or offer for promotional purposes or for use
in this state a barometer or manometer that is a mercury-added
product. Beginning January 1, 2010, a person shall not use in a
dairy farming operation a manometer that is a mercury-added
product.
(2) Beginning January 1, 2011, a person shall not sell, offer
for sale, or offer for promotional purposes or for use in this
state any of the following:
(a) A flow meter, hydrometer, hygrometer, or psychrometer that
is a mercury-added product.
(b) A mercury switch or mercury relay.
(3) Subsections (1) and (2) do not apply if the use of the
mercury-added product is required by a federal statute or
regulation.
(4) The department may grant an exemption from subsection (1)
or (2).
(5) The department shall develop a form or forms that may be
used by a manufacturer applying for an exemption under subsection
(4) or for a renewal of an exemption under subsection (7). The
department may only grant an exemption under subsection (4) or a
renewal under subsection (7) if the department finds that all of
the following requirements are met at the time the application for
exemption or renewal is submitted:
(a) There is no comparable product that does not contain
mercury or mercury compounds available at a reasonable cost.
(b) The manufacturer or an industry or trade association of
manufacturers has in place a take-back program for all of that
manufacturer's mercury-added products sold in this state. The take-
back program shall be available on a regular basis to all users of
that manufacturer's mercury-added products. The manufacturer shall
submit verifiable documentation of the program with the application
for exemption.
(c) Either or both of the following:
(i) Use of the product benefits the environment or protects
public health or public safety.
(ii) There is no technically feasible alternative to the use of
mercury or mercury compounds in the product.
(6) The department shall not grant an exemption under
subsection (4) for a period of more than 3 years. A manufacturer
may apply for and the department may grant 1 or more renewals of an
exemption. The department shall not grant a renewal of an exemption
for a period of more than 3 years.
(7) The department shall make a list of each mercury-added
product that is exempt from subsection (1) or (2) available to the
public on the department's internet website.
Sec. 17215. The department shall join the interstate mercury
education and reduction clearinghouse to facilitate administration
of the requirements of this part.
Sec. 17217. The department may promulgate rules to implement
this part pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6485(request no.
04676'07 *) of the 94th Legislature is enacted into law.