March 25, 2009, Introduced by Reps. Kennedy, Warren, Nerat, Scripps, Liss, Haase, Haugh, Slavens, Roberts, Donigan, Gregory, Geiss, Miller, Byrum, Smith, Lisa Brown, Cushingberry, Durhal, Meltzer, Meadows, Valentine and Womack and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 14721 and 14724 (MCL 324.14721 and 324.14724),
as added by 2004 PA 526, and by adding section 14723a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14721. (1) As used in this subpart:
(a) "Deca-BDE" means decabromodiphenyl ether.
(b) (a)
"Department" means the department of environmental
quality.
(c) (b)
"Octa-BDE" means octabromodiphenyl ether.
(d) (c)
"PBDE" means polybrominated diphenyl ether.
(e) (d)
"Penta-BDE" means pentabromodiphenyl ether.
(f) "Release" means that term as it is defined in section
20101.
(2) This subpart may be cited as the "Mary Beth Doyle PBDE
act".
Sec. 14723a. (1) Except as provided in subsection (3),
beginning July 1, 2010, a person shall not manufacture, sell, or
distribute for sale within this state a mattress or upholstered
furniture designed for residential use that contains deca-BDE.
However, a retailer that is in possession of a product described in
this subsection on July 1, 2010 may sell or otherwise dispose of
that product. This subsection does not restrict a person from
transporting a product described in this subsection or storing that
product for later distribution outside of this state.
(2) Except as provided in subsection (3), beginning January 1,
2012, a person shall not manufacture, sell, or distribute for sale
within this state a television or computer that contains deca-BDE.
However, a retailer that is in possession of a product described in
this subsection on July 1, 2012 may sell or otherwise dispose of
that product. This subsection does not restrict a person from
transporting a product described in this subsection or storing that
product for later distribution outside of this state.
(3) A manufacturer or user of a product prohibited from
manufacture, sale, or distribution within this state under this
section may apply for an exemption for a specific use of deca-BDE
by submitting a written petition to the director of the department.
An exemption granted under this section shall be for a term not to
exceed 2 years. The exemption may be renewed upon written petition
if the specific use of deca-BDE continues to meet the criteria of
this subsection and the manufacturer or other persons comply with
the conditions of its original approval. The director of the
department may grant an exemption for a specific use of deca-BDE,
with or without conditions, upon finding that the applicant has
demonstrated either of the following:
(a) A technically feasible alternative is not available at
reasonable cost.
(b) The potential harm to public health and the environment
directly posed by a technically feasible and available alternative
is greater than the potential harm posed by the use of deca-BDE.
Sec. 14724. The department may establish a PBDE advisory
committee to assist the department in determining the risk posed by
the release of PBDEs, other than penta-BDE or octa-BDE, and
substances used as alternatives to PBDEs to human health and the
environment. The department may use existing programs to monitor
the presence of PBDEs in the state's environment to determine
exposure and risk. If new scientific information gathered by the
advisory committee indicates a significant risk to human health and
the environment in the state, the advisory committee shall inform
the department of risk or risks and, if the department concurs, the
department
shall advise the legislature of the risk. Nothing in
this
section shall This section
does not preclude the department
from issuing recommendations to the legislature independent of any
actions of the advisory committee.