HB-4281, As Passed House, April 22, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4281

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding sections 17210, 17215, and

17217.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 17210. (1) Beginning January 1, 2011, 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, 2011, a person shall not use in a

dairy farming operation a manometer that is a mercury-added

product.

     (2) Beginning January 1, 2012, 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. This subdivision does

not apply if any of the following apply:

     (i) The mercury switch or mercury relay is a component in a

larger product in use before the effective date of the amendatory

act that added this section, there is not a mercury-free

alternative available for the component, and 1 or more of the

following apply:

     (A) The larger product is used in manufacturing.

     (B) The mercury switch or mercury relay is integrated and not

physically separate from other components of the larger product.

     (ii) The mercury switch or mercury relay is a component of a

larger product that has been refurbished for resale and that was

originally manufactured before the effective date of the amendatory

act that added this section.

     (iii) The manufacturer of the switch or relay complies with all

of the following:

     (A) It has received an exclusion or exemption from a state

that is a member of the interstate mercury education and reduction

clearinghouse for replacement parts.

     (B) It submits a copy of the approved exclusion or exemption

to the department.

     (C) It meets all of the requirements of the approved exclusion

or exemption for its activities within the state.

     (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 to be used by

a manufacturer applying for an exemption under subsection (4) or

for a renewal of an exemption under subsection (6). The department

may only grant an exemption under subsection (4) or a renewal under

subsection (6) if the department finds that all of the following

requirements are met when the application for exemption or renewal

is submitted:

     (a) There is no comparable product that does not contain

mercury or a mercury compound 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 a mercury compound 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 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 House Bill No. 4278 of the 95th Legislature is enacted into

law.