SENATE, No. 1496

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 1, 2018

 


 

Sponsored by:

Senator  BOB SMITH

District 17 (Middlesex and Somerset)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Prohibits sale and distribution of mercury relays and switches under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning mercury relays and switches and supplementing Title 13 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    As used in this act:

     “Department” means the Department of Environmental Protection.

     "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. "Mercury relay" includes mercury displacement relays, mercury wetted reed relays, and mercury contact relays.

     "Mercury switch" means a mercury-added product or device that opens or closes an electrical circuit or gas valve. "Mercury switch" includes 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" does not include a mercury-added thermostat, or a “mercury switch” as defined pursuant to section 3 of P.L.2005, c.54 (C.13:1E-99.84).

 

     2.    a.  No person shall sell or distribute, individually or as a product component, a mercury relay or mercury switch.

     b.    The provisions of subsection a. of this section shall not apply to a mercury relay or mercury switch if:

     (1) the mercury relay or mercury switch is used to replace a mercury relay or mercury switch that is a component of a product in use prior to the effective date of this act, and the mercury relay or mercury switch is integrated with, and not physically separate from, other components of the product;

     (2) use of the mercury relay or mercury switch is necessary to comply with a federal requirement; or

     (3) an exemption is granted pursuant to section 3 of this act.

 

     3.    a.  A manufacturer or user of mercury relays or mercury switches may apply for an exemption from this act by filing a written petition with the department.  The department may grant an exemption with or without conditions if it finds that the mercury relay or mercury switch is reasonable and appropriate for the use specified in the application, as provided in subsection b. of this section.

     b.    The department shall find that a mercury relay or mercury switch is reasonable and appropriate for a specific use only if a manufacturer or user demonstrates that:

     (1) a system exists for the proper collection, transportation, and processing of the mercury relay or mercury switch at the end of its life; and

     (2) (a) use of the mercury relay or mercury switch provides a net benefit to the environment, public health, or public safety when compared to available nonmercury alternatives; or

     (b) a technically feasible nonmercury alternative is not available at comparable cost.

     c.     Prior to approving an exemption pursuant to this section, the department may consult or coordinate with neighboring states to promote consistency in the regulation of mercury-added products.

     d.    The department may request that an applicant who is granted an exemption pursuant to this section maintain records and provide periodic reports to the department that characterize the mercury use in the products for which the exemption was granted.

     e.     An exemption may be granted for up to five years and may be renewed upon written application if the department finds that the mercury relay or mercury switch continues to meet the criteria specified in this section and the manufacturer or user complies with the conditions of the original exemption.

 

     4.    a. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of this act.

     b.    The department may participate in a regional, multistate clearinghouse to assist in carrying out the provisions of this act.

 

     5.    This act shall take effect on the first day of the 12th month following the date of enactment.

 

 

STATEMENT

 

     This bill would prohibit the sale and distribution of mercury relays and mercury switches under certain circumstances.  The bill also establishes a process by which manufacturers and product users may apply for a waiver from the prohibition.

     The bill would not apply to a mercury relay or mercury switch used to replace a mercury relay or mercury switch that is a component of a product which was in use prior to the effective date of this bill, if one of the following applies:  the product is used in manufacturing or in a generation, transmission, or distribution facility for electric energy, gas, or water; or the relay or switch is integrated with, and not physically separate from, other components of the product.  In addition, the prohibition on the sale and distribution of mercury relays and mercury switches would not apply when use of a mercury relay or mercury switch is necessary to comply with a federal requirement. 

     Under this bill, the Department of Environmental Protection would establish an application process through which waivers may be provided for the use of mercury relays and mercury switches for up to five years.  When the initial waiver period expires, an applicant would be eligible to apply for an extension if the department finds that the mercury relay or mercury switch used by the applicant continues to meet the required criteria and the applicant has complied with the conditions of the original approval.  Successful applicants would be required to demonstrate that a system exists for the proper collection, transportation, and processing of the mercury relay or mercury switch at the end of its life, and that one of the following applies:  use of the mercury relay or mercury switch provides a net benefit to the environment, public health, or public safety when compared to available nonmercury alternatives; or a technically feasible nonmercury alternative is not available at comparable cost.

     Finally, the bill would authorize the department to participate in a regional, multistate clearinghouse to assist in carrying out the provisions of this bill.