An Act To Reduce Mercury Use in Measuring Devices and Switches LR2015(02)
Maine Legislature, Session 121, LD 1159
Committee Amendment CA_A_H250 (House)

COMMITTEE AMENDMENT ")1,, to H.P. 856, L.D. 1159, Bill, "An 
Act To Reduce Mercury Use in Measuring Devices and Switches" 
Amend the bill in section 4 in subsection 6 in 
paragraph in the 3rd line (page 2, line 37 in L.D.) 
out 
the 
following: 
"reguired under 
federal 
law 
contract 
specification" 
and 
inserting 
in 
its 
following: 
'a federal reguirement' 
the blocked 
by striking 
or 
federal 
place 
the 
Further amend the bill in section 4 in subsection 7 in the 
blocked paragraph in the last 2 lines (page 3, lines 5 and 6 in 
L.D.) by striking out the following: 
"reguired under federal law 
or federal contract specification" and inserting in its place the 
following: 
'a federal reguirement' 
Further amend the bill in section 4 by striking out all of 
subsection 8 (page 3, lines 8 to 40 in L.D.) and inserting in its 
place the following: 
'8. 
EZeJQPtions. 
Subsections 6 and 7 do not apply to the 
sale of 
a 
mercury-added 
product 
for 
which 
an 
exemption is 
obtained under this subsection. 
The manufacturer or user of the 
product may apply for an exemption by filing a written petition 
with the commissioner. 
The commissioner may grant an exemption 
with or without conditions upon finding that: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to H.P. 856, L.D. 1159 
A. 
The exemption is reguested because the mercury-added 
product is reguired to meet specific advanced technology 
product specifications identified by the customer or end 
user of the product: or 
B. 
The mercury-added product is reasonable and appropriate 
for a specific use. 
In this situation, the petitioner must 
demonstrate that: 
(1) 
A 
system 
exists 
for 
the 
proper 
collection, 
transportation and processing of the product at the end 
of its life: and 
(2) 
One of the following applies: 
(a) 
Use of the product provides a net benefit to 
the environment. public health or public safety 
when 
compared 
to 
available 
nonmercury 
alternatives: or 
(b) 
Technically feasible nonmercury alternatives 
are not available at comparable cost. 
Prior to approving an exemption, 
the commissioner may consult 
with neighboring states, by means of the interstate clearinghouse 
under section 1671 or otherwise, to promote consistency in the 
way 
in 
which 
mercury-added 
products 
are 
regulated. 
The 
commissioner may reguest individuals receiving an exemption to 
maintain records and provide reasonable reports to the department 
that characterize mercury use. 
Exemptions may be granted for a 
term not to exceed 5 years and may be renewed upon written 
application if the 
commissioner 
finds that the mercury-added 
product continues to meet the criteria of this subsection and the 
manufacturer or other persons comply with the conditions of its 
original approval. 
The board shall adopt rules for processing 
exemption applications that provide for public participation, 
taking into account the role of the interstate clearinghouse. 
Rules adopted under this subsection are routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A.' 
Further amend the bill by inserting after section 4 the 
following: 
'Sec. 5. Mercury-added thermostats. 
By January 15, 2004, the 
Department of Environmental Protection shall submit to the Joint 
Standing Committee on Natural Resources a plan to significantly 
improve the collection of mercury-added thermostats at the end of 
their life. 
The plan must include 
recommendations 
regarding 
responsibility 
for 
and 
participation 
in 
the 
collection, 
transportation and processing of mercury-added thermostats. 
The 
COMMITTEE AMENDMENT 
6" 
COMMITTEE AMENDMENT .. 11 .. to H.P. 856, L.D. 1159 
Joint Standing Committee on Natural Resources 
legislation 
relating 
to 
the 
collection 
of 
thermostats 
during 
the 
Second 
Regular 
Session 
Legislature. ' 
SUMMARY 
may report out 
mercury-added 
of 
the 12lst 
This amendment provides that the ban on the sale of mercury 
switches, 
mercury 
relays 
and certain mercury-added measuring 
devices and instruments does not apply if the use of the product 
is a federal requirement. 
The amendment also adds another method 
of receiving an exemption from the sales ban: an exemption may be 
granted if the exemption is requested because the mercury-added 
product is required to meet specific advanced technology product 
specifications. 
The 
amendment authorizes the Commissioner of 
Environmental Protection to require individuals who receive an 
exemption to maintain records and submit reports. 
The amendment 
also 
requires 
the 
Department 
of 
Environmental 
Protection to 
submit to the Joint Standing Committee on Natural Resources a 
plan to improve the collection of mercury-added thermostats. 
The 
Joint Standing Committee on Natural Resources is authorized to 
report 
out 
legislation 
relating 
to 
the 
collection 
of 
mercury-added thermostats during the Second Regular Session of 
the 121st Legislature. 
FISCAL ~OTE REQCIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/28/03 ,;:t;vac::.. 
Office of Fiscal and Program Review 
LD 1159 
An Act To Reduce Mercury Use in Measuring Devices and Switches 
LR2015(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
LR2015(2) - Fiscal Note - Page 1 of 1