| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 38 MRSA §1661, sub-§3-A is enacted to read: |
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| | | 3-A.__Mercury relay.__"Mercury relay" means a mercury-added | | product or device that opens or closes electrical contacts to | | effect the operation of other devices in the same or another | | electrical circuit.__"Mercury relay" includes mercury | | displacement relays, mercury wetted reed relays and mercury | | contact relays. |
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| | | Sec. 2. 38 MRSA §1661, sub-§4, as enacted by PL 2001, c. 656, §1, is | | repealed and the following enacted in its place: |
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| | | 4.__Mercury switch.__"Mercury switch" means a mercury-added | | product or device that opens or closes an electrical circuit | | or gas valve.__"Mercury switch" includes mercury float | | switches actuated by rising or falling liquid levels, mercury | | tilt switches actuated by a change in the switch position, | | mercury pressure switches actuated by a change in pressure, | | mercury temperature switches actuated by a change in | | temperature and mercury flame sensors.__"Mercury switch" does | | not include a mercury-added thermostat. |
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| | | Sec. 3. 38 MRSA §1661-C, sub-§5, as enacted by PL 2001, c. 620, §1, | | is amended to read: |
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| | | 5. Mercury-added thermostats. After January 1, 2006, a | | person may not sell or offer to sell or distribute for | promotional purposes a mercury-added thermostat except for a | thermostat used for manufacturing or industrial purposes and | except | | person. A manufacturer of mercury-added thermostats may apply | | to the commissioner prior to January 1, 2003 for an exemption | | from the provisions of this subsection for one or more | | specific uses of a mercury-added thermostat. The Commissioner | | of Environmental Protection may grant an exemption with or | | without conditions upon finding that: |
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| | | A. The manufacturer has demonstrated that a system exists | | for the proper collection, transportation and processing | | of the mercury-added thermostat at the end of its life; | | and |
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| | | B. The specific use or uses of the mercury-added | | thermostat provide a net benefit to the environment, | | public health or public safety when compared to available | | nonmercury alternatives. |
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| | | For the purposes of this subsection, a "mercury-added | | thermostat" means a product or device that uses a mercury | | switch to sense and |
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