Bill Text: MI HB4699 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Environmental protection; toxic substances or products; manufacture, sale, or distribution of certain products containing decabromodiphenyl ethers (deca-BDEs); prohibit. Amends secs. 14721 & 14724 of 1994 PA 451 (MCL 324.14721 & 324.14724) & adds sec. 14723a.

Spectrum: Moderate Partisan Bill (Democrat 34-6)

Status: (Introduced - Dead) 2010-02-02 - Referred To Committee On Government Operations [HB4699 Detail]

Download: Michigan-2009-HB4699-Engrossed.html

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HB-4699, As Passed House, January 27, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4699

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 14721 (MCL 324.14721), as added by 2004 PA 526,

 

and by adding section 14723a; and to repeal acts and parts of acts.

 

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.natural resources and environment.

 

     (c) (b) "Octa-BDE" means octabromodiphenyl ether.

 

     (d) (c) "PBDE" means polybrominated diphenyl ether.

 

     (e) (d) "Penta-BDE" means pentabromodiphenyl ether.

 

     (2) This subpart may be cited as the "Mary Beth Doyle PBDE

House Bill No. 4699 (H-3) as amended January 27, 2010

act".

 

     Sec. 14723a. (1) Subject to subsection (2), a person shall not

 

manufacture, sell, or distribute for sale within this state any of

 

the following that contain deca-BDE:

 

     (a) Beginning December 31, 2010, any of the following:

 

     (i) A mattress or upholstered furniture designed for

 

residential use.

 

     (ii) Any electrical or electronic equipment.

 

     (b) Beginning December 31, 2012, all other products not

 

described in subdivision (a).

 

     (2) Subsection (1) does not apply to motor vehicles or other

 

transportation equipment, military equipment, or components within

 

motor vehicles or other transportation or military equipment.

 

     (3) Beginning December 31, 2013, a person shall not

 

manufacture, sell, or distribute for sale within this state motor

 

vehicles or other transportation equipment, military equipment, or

 

components within motor vehicles or other transportation or

 

military equipment that contain deca-BDE. However, this subsection

 

does not apply to the manufacture, sale, or distribution of motor

 

vehicle service parts for motor vehicles manufactured prior to

 

December 31, 2013.

 

     (4) A [person] that is in possession of a product described in

 

subsection (1) or (3) on the applicable date listed in subsection

 

(1) or (3) may sell or otherwise dispose of that product.

 

     (5) This section does not restrict a person from transporting

 

a product described in subsection (1) or (3) or storing that

 

product for later distribution outside of this state.

     [(6) Beginning in 2011 and each year thereafter, a person that

 produced deca-BDE for use in a product sold in this state or that sold deca-BDE for use in this state during the prior year shall submit a report to the department that details the quantity of deca-BDE that was produced or sold by that person in the United States during the prior year.]

 

     Enacting section 1. Section 14724 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.14724, is

 

repealed.