CHAPTER 105

HB 907-FN – FINAL VERSION

27Mar2007… 0756h

2007 SESSION

07-0118

06/03

HOUSE BILL 907-FN

AN ACT relative to the sale and distribution of certain mercury-added products.

SPONSORS: Rep. Phinizy, Sull 5; Rep. Owen, Merr 4; Rep. Butcher, Ches 3; Sen. Janeway, Dist 7; Sen. Hassan, Dist 23

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill restricts the sale and distribution of mercury-added products.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Mar2007… 0756h

07-0118

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to the sale and distribution of certain mercury-added products.

Be it Enacted by the Senate and House of Representatives in General Court convened:

105:1 New Paragraphs; Definitions. Amend RSA 149-M:51 by inserting after paragraph IV the following new paragraphs:

IV-a. “Mercury relay” means a mercury-added product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit, including mercury displacement relays, mercury wetted reed relays, and mercury contact relays.

IV-b. “Mercury switch” means a mercury-added product or device that opens or closes an electrical circuit or gas valve, including mercury float switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a change in the switch position, mercury pressure switches actuated by a change in pressure, mercury temperature switches actuated by a change in temperature, and mercury flame sensors. “Mercury switch” shall not include a mercury thermostat.

IV-c. “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.

105:2 New Paragraphs; Mercury-Added Products; Restrictions. Amend RSA 149-M:53 by inserting after paragraph III the following new paragraphs:

IV.(a) Beginning January 1, 2008, the following mercury-added products shall not be sold, offered for sale, or distributed as a new manufactured product:

(1) A barometer.

(2) An esophageal dilator, bougie tube, or gastrointestinal tube.

(3) A flow meter.

(4) A hydrometer.

(5) A hygrometer or psychrometer.

(6) A manometer.

(7) A pyrometer.

(8) A sphygmomanometer.

(9) A thermometer, except as provided in paragraph II.

(b) This paragraph shall not apply if use of the product is a federal requirement or if the only mercury-added component in the product is a button cell battery.

V.(a) Beginning July 1, 2008, no person shall sell, offer for sale, or distribute a new manufactured mercury switch, mercury relay, or mercury thermostat individually or as a product component. This prohibition does not apply if the switch, relay, or thermostat is used to replace a switch, relay, or thermostat that is a component in a larger product in use prior to July 1, 2008 provided that no compatible non-mercury replacement component exists.

(b) This paragraph does not apply to the sale of a mercury switch, relay, or thermostat if its use is a federal requirement.

VI. The manufacturer or user of a product or products under paragraphs IV and V may apply to the department for an exemption by filing a written petition with the commissioner and submitting written notification to the regional clearinghouse. For products in production on the effective date of this program, the exemption request shall be received by November 1, 2007. For new products the exemption request shall be received 6 months prior to the date of sale. With agency approval an agent of the manufacturer, who may be a user, may apply for an exemption. The commissioner may grant an exemption with or without conditions upon finding that:

(a) Reasonable efforts have been made to remove mercury from the product; and

(b) One of the following applies:

(1) Use of the product provides a net benefit to the environment, public health, or public safety when compared to available non-mercury alternatives; or

(2) Technically feasible non-mercury alternatives are not available at a reasonable cost.

VII. Prior to approving an exemption, the commissioner shall consult with the member states of the interstate clearinghouse established under RSA 149-M:56. The commissioner shall be as consistent as possible with the member states in granting exemptions. Exemptions shall be in effect for no less than 2 years and may be renewed upon written application if the commissioner finds that the mercury-added product continues to meet the criteria of paragraph VI and the manufacturer or other persons comply with the conditions of its original approval. With department approval, an agent of the manufacturer may apply for the exemption renewal.

VIII. Within 6 months of receiving an exemption, an applicant shall provide a written plan to the commissioner for the proper collection, transportation, and processing of the product at the end of its life.

105:3 Limitations on the Use of Mercury. Amend RSA 149-M:54, II to read as follows:

II. Understands that mercury is toxic and that the purchaser will store [and], use [it appropriately so that no person is exposed to the mercury;], and otherwise handle and dispose of it in accordance with state and federal law; and

105:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 11, 2007

Effective: August 10, 2007