CHAPTER 620
H.P. 1501 - L.D. 2004
An Act to Phase Out the Availability of Mercury-added Products
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1661-C, sub-§5 is enacted to read:
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 for a thermostat used by a blind or visually impaired 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:
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
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.
Sec. 2. Report. The Commissioner of Environmental Protection shall submit a report by January 1, 2003 to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the information submitted pursuant to the Maine Revised Statutes, Title 38, section 1661-A. That report must include:
A. A summary of all data received by the Department of Environmental Protection under Title 38, section 1661-A;
B. Based on that data, a comprehensive strategy to reduce the mercury content of products with the goal of maximizing the reduction of mercury emissions to the environment; and
C. Any legislation necessary to implement the strategy proposed in the report.
The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation to the First Regular Session of the 121st Legislature to implement recommendations included in this report.
Effective July 25, 2002, unless otherwise indicated.
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