Full Text of HB1261 97th General Assembly
HB1261sam001 97TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 4/26/2012
| | 09700HB1261sam001 | | LRB097 06466 RPM 68959 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1261
| 2 | | AMENDMENT NO. ______. Amend House Bill 1261 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Mercury-added Product Prohibition Act is | 5 | | amended by changing Section 27 as follows: | 6 | | (410 ILCS 46/27) | 7 | | (Text of Section before amendment by P.A. 97-459 ) | 8 | | Sec. 27. Sale and distribution of certain mercury-added | 9 | | products prohibited. | 10 | | (a) No On and after July 1, 2008, no person shall sell, | 11 | | offer to sell, or distribute the following mercury-added | 12 | | products in this State: | 13 | | (1) barometers;
| 14 | | (2) esophageal dilators, bougie tubes, or | 15 | | gastrointestinal tubes;
| 16 | | (3) flow meters; |
| | | 09700HB1261sam001 | - 2 - | LRB097 06466 RPM 68959 a |
|
| 1 | | (4) hydrometers;
| 2 | | (5) hygrometers;
| 3 | | (6) manometers;
| 4 | | (7) pyrometers;
| 5 | | (8) sphygmomanometers;
| 6 | | (9) thermometers; or
| 7 | | (10) psychrometers ; or .
| 8 | | (15) button cell batteries. | 9 | | (b) This Section does not apply to the sale of a | 10 | | mercury-added product listed in paragraphs (1) through (15) | 11 | | (10) of subsection (a) if use of the product is a federal | 12 | | requirement or if the only mercury-added component in the | 13 | | product is a button cell battery .
| 14 | | (c) This Section does not apply to the sale of a | 15 | | mercury-added product listed in paragraphs (1) through (15) | 16 | | (10) of subsection (a) for which an exemption is obtained under | 17 | | this subsection (c). The manufacturer of the product may apply | 18 | | for an exemption for one or more uses of the product by filing | 19 | | a written petition with the Agency. The Agency may grant an | 20 | | exemption, with or without conditions, if the manufacturer | 21 | | demonstrates the following:
| 22 | | (1) a system exists for the proper collection, | 23 | | transportation, and processing of the product at the end of | 24 | | its useful life; and
| 25 | | (2) one of the following applies:
| 26 | | (i) use of the product provides a net benefit to |
| | | 09700HB1261sam001 | - 3 - | LRB097 06466 RPM 68959 a |
|
| 1 | | the environment, public health, or public safety when | 2 | | compared to available nonmercury alternatives; or
| 3 | | (ii) technically feasible nonmercury alternatives | 4 | | are not available at comparable cost.
| 5 | | Prior to approving an exemption, the Agency may consult | 6 | | with other states to promote consistency in the regulation of | 7 | | the product for which the exemption is requested. The Agency | 8 | | may also publish notice of its receipt of petitions for | 9 | | exemptions on its website and consider public comments | 10 | | submitted in response to the petitions. Exemptions shall be | 11 | | granted for a term of 5 years and may be renewed for additional | 12 | | 5-year terms upon written application by the manufacturer if | 13 | | the manufacturer demonstrates that the criteria of this | 14 | | subsection (c) and the conditions of the product's original | 15 | | exemption approval continue to be met. All petitions for | 16 | | exemptions and exemption renewals shall be submitted on forms | 17 | | prescribed by the Agency.
| 18 | | (Source: P.A. 95-87, eff. 8-13-07.) | 19 | | (Text of Section after amendment by P.A. 97-459 ) | 20 | | Sec. 27. Sale and distribution of certain mercury-added | 21 | | products prohibited. | 22 | | (a) No On and after July 1, 2008, no person shall sell, | 23 | | offer to sell, or distribute the following mercury-added | 24 | | products in this State: | 25 | | (1) barometers;
|
| | | 09700HB1261sam001 | - 4 - | LRB097 06466 RPM 68959 a |
|
| 1 | | (2) esophageal dilators, bougie tubes, or | 2 | | gastrointestinal tubes;
| 3 | | (3) flow meters; | 4 | | (4) hydrometers;
| 5 | | (5) hygrometers;
| 6 | | (6) manometers;
| 7 | | (7) pyrometers;
| 8 | | (8) sphygmomanometers;
| 9 | | (9) thermometers;
| 10 | | (10) psychrometers;
| 11 | | (11) pressure transducers; | 12 | | (12) rings; | 13 | | (13) seals; or | 14 | | (14) sensors ; or . | 15 | | (15) button cell batteries. | 16 | | (b) This Section does not apply to the sale of a | 17 | | mercury-added product listed in paragraphs (1) through (15) | 18 | | (14) of subsection (a) if use of the product is a federal | 19 | | requirement or if the only mercury-added component in the | 20 | | product is a button cell battery .
| 21 | | (c) This Section does not apply to the sale of a | 22 | | mercury-added product listed in paragraphs (1) through (15) | 23 | | (14) of subsection (a) for which an exemption is obtained under | 24 | | this subsection (c). The manufacturer of the product may apply | 25 | | for an exemption for one or more uses of the product by filing | 26 | | a written petition with the Agency. The Agency may grant an |
| | | 09700HB1261sam001 | - 5 - | LRB097 06466 RPM 68959 a |
|
| 1 | | exemption, with or without conditions, if the manufacturer | 2 | | demonstrates the following:
| 3 | | (1) a system exists for the proper collection, | 4 | | transportation, and processing of the product at the end of | 5 | | its useful life; and
| 6 | | (2) one of the following applies:
| 7 | | (i) use of the product provides a net benefit to | 8 | | the environment, public health, or public safety when | 9 | | compared to available nonmercury alternatives; or
| 10 | | (ii) technically feasible nonmercury alternatives | 11 | | are not available at comparable cost.
| 12 | | Before approving an exemption, the Agency may consult with | 13 | | other states to promote consistency in the regulation of the | 14 | | product for which the exemption is requested. The Agency may | 15 | | also publish notice of its receipt of petitions for exemptions | 16 | | on its website and consider public comments submitted in | 17 | | response to the petitions. Exemptions shall be granted for a | 18 | | term of 5 years and may be renewed for additional 5-year terms | 19 | | upon written application by the manufacturer if the | 20 | | manufacturer demonstrates that the criteria of this subsection | 21 | | (c) and the conditions of the product's original exemption | 22 | | approval continue to be met. All petitions for exemptions and | 23 | | exemption renewals shall be submitted on forms prescribed by | 24 | | the Agency.
| 25 | | (Source: P.A. 97-459, eff. 7-1-12.)
|
| | | 09700HB1261sam001 | - 6 - | LRB097 06466 RPM 68959 a |
|
| 1 | | Section 99. Effective date. This Act takes effect July 1, | 2 | | 2013.".
|
|