HOUSE BILL No. 5573

 

January 24, 2006, Introduced by Reps. Kolb, Kathleen Law, Lipsey, Zelenko and Lemmons, III 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,"

 

by amending sections 14721 and 14724 (MCL 324.14721 and 324.14724),

 

as added by 2004 PA 526, and by adding section 14723a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 14721. (1) As used in this subpart:

 

     (a) "Deca-BDE" means decabromodiphenyl ether.

 

     (b)  (a)  "Department" means the department of environmental

 

quality.

 

     (c)  (b)  "Octa-BDE" means octabromodiphenyl ether.

 

     (d)  (c)  "PBDE" means polybrominated diphenyl ether.

 

     (e)  (d)  "Penta-BDE" means pentabromodiphenyl ether.

 

     (f) "Release" means that term as it is defined in section

 

20101.


 

     (2) This subpart may be cited as the "Mary Beth Doyle PBDE

 

act".

 

     Sec. 14723a. (1) Beginning June 1, 2007, a person shall not

 

manufacture, process, or distribute a product or material that

 

contains deca-BDE. However, this subsection does not apply to

 

either of the following:

 

     (a) Original equipment manufacturer replacement parts.

 

     (b) The processing of recyclables containing deca-BDE in

 

compliance with applicable federal, state, and local laws.

 

     (2) Beginning June 1, 2007, a person shall not release deca-

 

BDE into the environment.

 

     Sec. 14724. The department may establish a PBDE advisory

 

committee to assist the department in determining the risk posed by

 

the release of PBDEs, other than penta-BDE or octa-BDE, and

 

substances used as alternatives to PBDEs to human health and the

 

environment. The department may use existing programs to monitor

 

the presence of PBDEs in the state's environment to determine

 

exposure and risk. If new scientific information gathered by the

 

advisory committee indicates a significant risk to human health and

 

the environment in the state, the advisory committee shall inform

 

the department of risk or risks and, if the department concurs, the

 

department shall advise the legislature of the risk.  Nothing in

 

this section shall  This section does not preclude the department

 

from issuing recommendations to the legislature independent of any

 

actions of the advisory committee.