Public Act 095-0452
 		





SB1241 Enrolled
LRB095 03430 CMK 23602 b






    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Environmental Protection Act is amended  by 
changing Section 22.23b as follows:
 
    (415 ILCS 5/22.23b)

    Sec. 22.23b. Mercury and mercury-added products.
    (a) Beginning July 1, 2005, no person shall purchase or 
accept, for use in a primary or secondary school classroom, 
bulk elemental mercury, chemicals containing mercury 
compounds, or instructional equipment or materials containing 
mercury added during their manufacture.  This subsection (a) 
does not apply to: (i) other products containing mercury added 
during their manufacture that are used in schools and (ii) 
measuring devices used as teaching aids, including, but not 
limited to, barometers, manometers, and thermometers, if no 
adequate mercury-free substitute exists.
    (b) Beginning July 1, 2007, no person shall sell, offer to 
sell, distribute, or offer to distribute a mercury switch or 
mercury relay individually or as a product component.  For a 
product that contains one or more mercury switches or mercury 
relays as a component, this subsection (b) is applicable to 
each component part or parts and not the entire product.  This 
subsection (b) does not apply to the following:
        (1) Mercury switches and mercury relays used in medical 
    diagnostic equipment regulated under the federal Food, 
    Drug, and Cosmetic Act.
        (2) Mercury switches and mercury relays used at 
    electric generating facilities.
        (3) Mercury switches in thermostats used to sense and 
    control room temperature.
        (4) Mercury switches and mercury relays required to be 
    used under federal law or federal contract specifications.
        (5) A mercury switch or mercury relay used to replace a 
    mercury switch or mercury relay that is a component in a 
    larger product in use prior to July 1, 2007, and one of the 
    following applies:
            (A) The larger product is used in manufacturing; or
            (B) The mercury switch or mercury relay is 
        integrated and not physically separate from other 
        components of the larger product.

    (c) The
No later than July 1, 2006, the manufacturer of a 
mercury switch or mercury relay, or a scientific instrument or 
piece of instructional equipment containing mercury added 
during its manufacture, may apply to the Agency for an 
exemption from the provisions of subsection (a) or (b) of this 
Section for one or more specific uses of the switch, relay, 
instrument, or piece of equipment by filing a written petition 
with the Agency.  The Agency may grant an exemption, with or 
without conditions, if the manufacturer demonstrates the 
following:
        (1) A convenient and widely available system exists for 
    the proper collection, transportation, and processing of 
    the switch, relay, instrument, or piece of equipment at the 
    end of its useful life; and
        (2) The specific use or uses of the switch, relay, 
    instrument, or piece of equipment provides a net benefit to 
    the environment, public health, or public safety when 
    compared to available nonmercury alternatives.
    Before approving any exemption under this subsection (c) 
the Agency must consult with other states to promote 
consistency in the regulation of products containing mercury 
added during their manufacture.  Exemptions shall be granted for 
a period of 5 years.  The manufacturer may request renewals of 
the exemption for additional 5-year periods by filing 
additional written petitions with the Agency.  The Agency may 
renew an exemption if the manufacturer demonstrates that the 
criteria set forth in paragraphs (1) and (2) of this subsection 
(c) continue to be satisfied.  All petitions for an exemption or 
exemption renewal shall be submitted on forms prescribed by the 
Agency.
    The Agency must adopt rules for processing petitions 
submitted pursuant to this subsection (c).  The rules shall 
include, but shall not be limited to, provisions allowing for 
the submission of written public comments on the petitions.
    (d) No later than January 1, 2005, the Agency must submit 
to the Governor and the General Assembly a report that includes 
the following:
        (1) An evaluation of programs to reduce and recycle 
    mercury from mercury thermostats and mercury vehicle 
    components; and
        (2) Recommendations for altering the programs to make 
    them more effective.
    In preparing the report the Agency may seek information 
from and consult with, businesses, trade associations, 
environmental organizations, and other government agencies.
    (e) Mercury switches and mercury relays, and scientific 
instruments and instructional equipment containing mercury 
added during their manufacture, are hereby designated as 
categories of universal waste subject to the streamlined 
hazardous waste rules set forth in Title 35 of the Illinois 
Administrative Code, Subtitle G, Chapter I, Subchapter c, Part 
733 ("Part 733").  Within 60 days of the effective date of this 
amendatory Act of the 93rd General Assembly, the Agency shall 
propose, and within 180 days of receipt of the Agency's 
proposal the Board shall adopt, rules that reflect this 
designation and that prescribe procedures and standards for the 
management of such items as universal waste.

    If the United States Environmental Protection Agency 
adopts streamlined hazardous waste regulations pertaining to 
the management of mercury switches or mercury relays, or 
scientific instruments or instructional equipment containing 
mercury added during their manufacture, or otherwise exempts 
such items from regulation as hazardous waste, the Board shall 
adopt equivalent rules in accordance with Section 7.2 of this 
Act within 180 days of adoption of the federal regulations.  The 
equivalent Board rules may serve as an alternative to the rules 
adopted under subsection (1) of this subsection (e).


    (f) Beginning July 1, 2008, no person shall install, sell, 
offer to sell, distribute, or offer to distribute a mercury 
thermostat in this State. For purposes of this subsection (f), 
"mercury thermostat" means a product or device that uses a 
mercury switch to sense and control room temperature through 
communication with heating, ventilating, or air conditioning 
equipment. "Mercury thermostat" includes thermostats used to 
sense and control room temperature in residential, commercial, 
industrial, and other buildings, but does not include 
thermostats used to sense and control temperature as a part of 
a manufacturing or industrial process.

(Source: P.A. 93-964, eff. 8-20-04.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.