Full Text of SB1241 95th General Assembly
SB1241sam002 95TH GENERAL ASSEMBLY
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Sen. Mattie Hunter
Filed: 3/22/2007
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| AMENDMENT TO SENATE BILL 1241
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| AMENDMENT NO. ______. Amend Senate Bill 1241 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 22.23b as follows: | 6 |
| (415 ILCS 5/22.23b)
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| Sec. 22.23b. Mercury and mercury-added products. | 8 |
| (a) Beginning July 1, 2005, no person shall purchase or | 9 |
| accept, for use in a primary or secondary school classroom, | 10 |
| bulk elemental mercury, chemicals containing mercury | 11 |
| compounds, or instructional equipment or materials containing | 12 |
| mercury added during their manufacture. This subsection (a) | 13 |
| does not apply to: (i) other products containing mercury added | 14 |
| during their manufacture that are used in schools and (ii) | 15 |
| measuring devices used as teaching aids, including, but not | 16 |
| limited to, barometers, manometers, and thermometers, if no |
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| adequate mercury-free substitute exists. | 2 |
| (b) Beginning July 1, 2007, no person shall sell, offer to | 3 |
| sell, distribute, or offer to distribute a mercury switch or | 4 |
| mercury relay individually or as a product component. For a | 5 |
| product that contains one or more mercury switches or mercury | 6 |
| relays as a component, this subsection (b) is applicable to | 7 |
| each component part or parts and not the entire product. This | 8 |
| subsection (b) does not apply to the following: | 9 |
| (1) Mercury switches and mercury relays used in medical | 10 |
| diagnostic equipment regulated under the federal Food, | 11 |
| Drug, and Cosmetic Act. | 12 |
| (2) Mercury switches and mercury relays used at | 13 |
| electric generating facilities. | 14 |
| (3) Mercury switches in thermostats used to sense and | 15 |
| control room temperature. | 16 |
| (4) Mercury switches and mercury relays required to be | 17 |
| used under federal law or federal contract specifications. | 18 |
| (5) A mercury switch or mercury relay used to replace a | 19 |
| mercury switch or mercury relay that is a component in a | 20 |
| larger product in use prior to July 1, 2007, and one of the | 21 |
| following applies: | 22 |
| (A) The larger product is used in manufacturing; or | 23 |
| (B) The mercury switch or mercury relay is | 24 |
| integrated and not physically separate from other | 25 |
| components of the larger product.
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| (c) The
No later than July 1, 2006, the manufacturer of a |
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| mercury switch or mercury relay, or a scientific instrument or | 2 |
| piece of instructional equipment containing mercury added | 3 |
| during its manufacture, may apply to the Agency for an | 4 |
| exemption from the provisions of subsection (a) or (b) of this | 5 |
| Section for one or more specific uses of the switch, relay, | 6 |
| instrument, or piece of equipment by filing a written petition | 7 |
| with the Agency. The Agency may grant an exemption, with or | 8 |
| without conditions, if the manufacturer demonstrates the | 9 |
| following: | 10 |
| (1) A convenient and widely available system exists for | 11 |
| the proper collection, transportation, and processing of | 12 |
| the switch, relay, instrument, or piece of equipment at the | 13 |
| end of its useful life; and | 14 |
| (2) The specific use or uses of the switch, relay, | 15 |
| instrument, or piece of equipment provides a net benefit to | 16 |
| the environment, public health, or public safety when | 17 |
| compared to available nonmercury alternatives. | 18 |
| Before approving any exemption under this subsection (c) | 19 |
| the Agency must consult with other states to promote | 20 |
| consistency in the regulation of products containing mercury | 21 |
| added during their manufacture. Exemptions shall be granted for | 22 |
| a period of 5 years. The manufacturer may request renewals of | 23 |
| the exemption for additional 5-year periods by filing | 24 |
| additional written petitions with the Agency. The Agency may | 25 |
| renew an exemption if the manufacturer demonstrates that the | 26 |
| criteria set forth in paragraphs (1) and (2) of this subsection |
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| (c) continue to be satisfied. All petitions for an exemption or | 2 |
| exemption renewal shall be submitted on forms prescribed by the | 3 |
| Agency. | 4 |
| The Agency must adopt rules for processing petitions | 5 |
| submitted pursuant to this subsection (c). The rules shall | 6 |
| include, but shall not be limited to, provisions allowing for | 7 |
| the submission of written public comments on the petitions. | 8 |
| (d) No later than January 1, 2005, the Agency must submit | 9 |
| to the Governor and the General Assembly a report that includes | 10 |
| the following: | 11 |
| (1) An evaluation of programs to reduce and recycle | 12 |
| mercury from mercury thermostats and mercury vehicle | 13 |
| components; and | 14 |
| (2) Recommendations for altering the programs to make | 15 |
| them more effective. | 16 |
| In preparing the report the Agency may seek information | 17 |
| from and consult with, businesses, trade associations, | 18 |
| environmental organizations, and other government agencies. | 19 |
| (e) Mercury switches and mercury relays, and scientific | 20 |
| instruments and instructional equipment containing mercury | 21 |
| added during their manufacture, are hereby designated as | 22 |
| categories of universal waste subject to the streamlined | 23 |
| hazardous waste rules set forth in Title 35 of the Illinois | 24 |
| Administrative Code, Subtitle G, Chapter I, Subchapter c, Part | 25 |
| 733 ("Part 733"). Within 60 days of the effective date of this | 26 |
| amendatory Act of the 93rd General Assembly, the Agency shall |
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| propose, and within 180 days of receipt of the Agency's | 2 |
| proposal the Board shall adopt, rules that reflect this | 3 |
| designation and that prescribe procedures and standards for the | 4 |
| management of such items as universal waste.
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| If the United States Environmental Protection Agency | 6 |
| adopts streamlined hazardous waste regulations pertaining to | 7 |
| the management of mercury switches or mercury relays, or | 8 |
| scientific instruments or instructional equipment containing | 9 |
| mercury added during their manufacture, or otherwise exempts | 10 |
| such items from regulation as hazardous waste, the Board shall | 11 |
| adopt equivalent rules in accordance with Section 7.2 of this | 12 |
| Act within 180 days of adoption of the federal regulations. The | 13 |
| equivalent Board rules may serve as an alternative to the rules | 14 |
| adopted under subsection (1) of this subsection (e).
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| (f) Beginning July 1, 2008, no person shall install, sell, | 16 |
| offer to sell, distribute, or offer to distribute a mercury | 17 |
| thermostat in this State. For purposes of this subsection (f), | 18 |
| "mercury thermostat" means a product or device that uses a | 19 |
| mercury switch to sense and control room temperature through | 20 |
| communication with heating, ventilating, or air conditioning | 21 |
| equipment. "Mercury thermostat" includes thermostats used to | 22 |
| sense and control room temperature in residential, commercial, | 23 |
| industrial, and other buildings, but does not include | 24 |
| thermostats used to sense and control temperature as a part of | 25 |
| a manufacturing or industrial process.
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| (Source: P.A. 93-964, eff. 8-20-04.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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