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1 | AN ACT concerning environmental safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Mercury-Free Vehicle Act. | ||||||||||||||||||||||||
6 | Section 5. Legislative findings. The General Assembly | ||||||||||||||||||||||||
7 | finds: | ||||||||||||||||||||||||
8 | (1) That mercury is a persistent and toxic pollutant | ||||||||||||||||||||||||
9 | that bioaccumulates in the environment. | ||||||||||||||||||||||||
10 | (2) That 41 states, including Illinois, have issued | ||||||||||||||||||||||||
11 | fish advisories that warn certain individuals to restrict | ||||||||||||||||||||||||
12 | or avoid consuming fish from bodies of water contaminated | ||||||||||||||||||||||||
13 | with mercury. | ||||||||||||||||||||||||
14 | (3) That the United States Food and Drug Administration | ||||||||||||||||||||||||
15 | has advised pregnant women and women of childbearing age | ||||||||||||||||||||||||
16 | who may become pregnant not to eat shark, swordfish, king | ||||||||||||||||||||||||
17 | mackerel, and tilefish due to methyl mercury | ||||||||||||||||||||||||
18 | contamination. | ||||||||||||||||||||||||
19 | (4) That according to estimates of the National | ||||||||||||||||||||||||
20 | Research Council, over 60,000 babies are born annually at | ||||||||||||||||||||||||
21 | risk for adverse neurodevelopment effects from in utero | ||||||||||||||||||||||||
22 | exposure to methyl mercury resulting from the consumption | ||||||||||||||||||||||||
23 | of mercury contaminated fish. These children will have to | ||||||||||||||||||||||||
24 | struggle to keep up in school and might require remedial | ||||||||||||||||||||||||
25 | classes or special education. | ||||||||||||||||||||||||
26 | (5) That recent findings show historic and current use | ||||||||||||||||||||||||
27 | of mercury in automobiles can cause the release of as much | ||||||||||||||||||||||||
28 | as 10 tons of mercury into the environment each year. Based | ||||||||||||||||||||||||
29 | on the automobile industry's own data, vehicles currently | ||||||||||||||||||||||||
30 | on the road in North America contain an estimated 150 to | ||||||||||||||||||||||||
31 | 200 tons of mercury. | ||||||||||||||||||||||||
32 | (6) Pollution prevention is a more desirable strategy |
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1 | than waste management and pollution control. Preventing | ||||||
2 | mercury or mercury-containing components from entering | ||||||
3 | thermal combustion units is an effective way to reduce | ||||||
4 | mercury emissions into the environment. | ||||||
5 | (7) Vehicle mercury switch collection programs are | ||||||
6 | being established across the country to protect human | ||||||
7 | health and the environment. | ||||||
8 | Section 10. Purpose. The purpose of this Act is to reduce | ||||||
9 | the quantity of mercury in the environment by (i) removing | ||||||
10 | mercury from vehicles in commerce and end-of-life vehicles in | ||||||
11 | Illinois; (ii) creating a collection and recovery program for | ||||||
12 | mercury switches removed from vehicles in Illinois; (iii) | ||||||
13 | establishing a system to store the mercury collected and | ||||||
14 | recovered from vehicle components in the event that | ||||||
15 | environmentally appropriate management technologies are not | ||||||
16 | available; and (iv) designing future vehicles for maximum | ||||||
17 | environmental protection and recyclability at the end of their | ||||||
18 | useful lives by implementing a design for recycling that | ||||||
19 | includes phasing out the use of mercury in future vehicle | ||||||
20 | models. | ||||||
21 | Section 15. Definitions. For the purposes of this Act: | ||||||
22 | "Agency" means the Illinois Environmental Protection | ||||||
23 | Agency. | ||||||
24 | "Mercury-added component" means a component that contains | ||||||
25 | mercury that was intentionally added to a vehicle in order to | ||||||
26 | provide a specific characteristic, appearance, or quality, to | ||||||
27 | perform a specific function, or for any other reason. Such | ||||||
28 | components may include, but are not limited to, switches, | ||||||
29 | sensors, lights, and navigational systems. | ||||||
30 | "Manufacturer" means any person, firm, association, | ||||||
31 | partnership, corporation, governmental entity, organization, | ||||||
32 | combination, or joint venture that is the last person to | ||||||
33 | produce or assemble a new vehicle that uses mercury-added | ||||||
34 | components or, in the case of an imported vehicle, the importer |
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1 | or domestic distributor of such vehicle. | ||||||
2 | "Mercury-added switch" means a light switch or an ABS brake | ||||||
3 | system switch installed by an automotive manufacturer in a | ||||||
4 | motor vehicle. | ||||||
5 | "Scrap recycling facility" means a fixed location where | ||||||
6 | machinery and equipment are used for processing and | ||||||
7 | manufacturing scrap metal into prepared grades and whose | ||||||
8 | principal product is scrap iron, scrap steel, or nonferrous | ||||||
9 | metallic scrap that is for sale for remelting purposes. | ||||||
10 | "Vehicle recycler" means any individual or entity engaged | ||||||
11 | in the business of acquiring, dismantling, or destroying 6 or | ||||||
12 | more vehicles in a calendar year for the primary purpose of | ||||||
13 | resale of the parts. | ||||||
14 | "Vehicle in commerce" means any vehicle offered for sale by | ||||||
15 | a dealer or registered in Illinois to be operated on public | ||||||
16 | roads and highways. | ||||||
17 | "End-of-life vehicle" means any vehicle that is sold, | ||||||
18 | given, or otherwise conveyed to a vehicle recycler or scrap | ||||||
19 | recycling facility for the purpose of recycling. | ||||||
20 | "Capture rate" means removal, collection, and recovery as a | ||||||
21 | percentage of the total mercury available from vehicles in | ||||||
22 | commerce and end-of-life vehicles annually. | ||||||
23 | "Manufacturer-dealer warranty program" means an | ||||||
24 | arrangement between a manufacturer and its franchisee, whereby | ||||||
25 | the manufacturer agrees to reimburse the franchisee at | ||||||
26 | established rates for labor or parts necessary to repair a | ||||||
27 | vehicle pursuant to the manufacturer's original equipment | ||||||
28 | warranty to the original purchaser of the vehicle. | ||||||
29 | Section 20. Removal, replacement, collection, and | ||||||
30 | recovery. | ||||||
31 | (a) Within 90 days after the effective date of this Act, | ||||||
32 | every manufacturer of vehicles sold in Illinois shall, | ||||||
33 | individually or as part of a group, submit to the Agency for | ||||||
34 | review and approval a plan to remove, collect, and recover | ||||||
35 | mercury switches. |
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1 | (b) Vehicle manufacturers shall develop and implement a | ||||||
2 | system to remove, replace (where possible), collect, and | ||||||
3 | recover mercury switches from vehicles in commerce and | ||||||
4 | end-of-life vehicles. For vehicles in commerce, the system | ||||||
5 | shall provide for the removal, collection, and recovery of | ||||||
6 | mercury switches and shall replace them with mercury-free | ||||||
7 | alternatives. Where possible, the system shall also provide for | ||||||
8 | the removal, collection, and recovery of mercury switches from | ||||||
9 | end-of-life vehicles. The removal, replacement (where | ||||||
10 | possible), collection, and recovery system shall include, at a | ||||||
11 | minimum, the following: | ||||||
12 | (1) an education program to inform the public and other | ||||||
13 | stakeholders about the purposes of the collection program | ||||||
14 | and how to participate in it; | ||||||
15 | (2) a plan for implementing and financing the system, | ||||||
16 | in accordance with Section 25 of this Act; | ||||||
17 | (3) documentation of the willingness of all necessary | ||||||
18 | parties to implement the proposed system; | ||||||
19 | (4) information identifying the make, model, and year | ||||||
20 | of vehicles containing mercury switches, a description of | ||||||
21 | the component, the location of the component, and a safe, | ||||||
22 | cost-effective, and environmentally sound method for their | ||||||
23 | removal from vehicles in commerce and from end-of-life | ||||||
24 | vehicles; | ||||||
25 | (5) a mercury switch capture rate of at least 90%, | ||||||
26 | which is consistent with the principle that mercury | ||||||
27 | switches shall be recovered unless the part is inaccessible | ||||||
28 | due to significant damage to the vehicle in the area | ||||||
29 | surrounding the location of the mercury switch; | ||||||
30 | (6) a description of the performance measurers to be | ||||||
31 | used and reported upon by the manufacturer to demonstrate | ||||||
32 | that the system is meeting the capture rate identified in | ||||||
33 | paragraph (5) of this subsection (b) and other measures of | ||||||
34 | program effectiveness, including, but not limited to, the | ||||||
35 | number of switches collected from both end-of-life | ||||||
36 | vehicles and vehicles in commerce, the amount of mercury |
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1 | collected, the number of vehicles containing mercury | ||||||
2 | switches, and the number of vehicles processed for | ||||||
3 | recycling; | ||||||
4 | (7) a description of additional or alternative actions | ||||||
5 | that shall be implemented to improve the system and its | ||||||
6 | operation in the event that the program targets established | ||||||
7 | under paragraph (5) of this subsection (b) are not met; and | ||||||
8 | (8) a plan to store the mercury collected and recovered | ||||||
9 | from vehicle components in the event that environmentally | ||||||
10 | appropriate management technologies are not available. | ||||||
11 | (c) In developing a removal, replacement, collection, and | ||||||
12 | recovery system for vehicles in commerce, manufacturers shall, | ||||||
13 | to the extent practicable, use existing dealerships, service | ||||||
14 | stations, inspection stations, repair shops, and other | ||||||
15 | facilities that regularly service vehicles in commerce. If a | ||||||
16 | manufacturer does not use such an entity, that manufacturer | ||||||
17 | must include in its plan the reasons for establishing a | ||||||
18 | separate removal, replacement, collection, and recovery | ||||||
19 | entity. | ||||||
20 | (d) Manufacturers shall, to the extent practicable, use the | ||||||
21 | existing recycling infrastructure available for end-of-life | ||||||
22 | vehicles. If a manufacturer does not use such infrastructure, | ||||||
23 | that manufacturer must include in its plan the reasons for | ||||||
24 | establishing a separate removal, collection, and recovery | ||||||
25 | infrastructure. | ||||||
26 | Section 25. Cost of removal, replacement, collection, and | ||||||
27 | recovery. The total cost of the removal, replacement, | ||||||
28 | collection, and recovery system for mercury switches shall be | ||||||
29 | borne by the manufacturer. This cost shall include, but not be | ||||||
30 | limited to, the following: | ||||||
31 | (1) labor to remove or replace (where possible) mercury | ||||||
32 | switches; labor shall be reimbursed at the prevailing rate | ||||||
33 | auto manufacturers use to reimburse automotive dealers for | ||||||
34 | replacing faulty switches under the manufacturer-dealer | ||||||
35 | warranty program; |
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1 | (2) training; | ||||||
2 | (3) packaging of mercury switches for the purpose of | ||||||
3 | transportation to recycling, storage, or disposal | ||||||
4 | facilities; | ||||||
5 | (4) shipping of mercury switches to recycling, | ||||||
6 | storage, or disposal facilities; | ||||||
7 | (5) recycling, storage, or disposal of the mercury | ||||||
8 | switches; | ||||||
9 | (6) public education materials and presentations; and | ||||||
10 | (7) maintenance of all appropriate systems and | ||||||
11 | procedures to protect the environment from mercury | ||||||
12 | contamination. | ||||||
13 | Section 30. Plan approval. | ||||||
14 | (a) Within 30 days after receipt of a manufacturer's plan, | ||||||
15 | the Agency shall issue public notice and solicit public comment | ||||||
16 | on the manufacturer's plan. | ||||||
17 | (b) Within 90 days after receipt of a manufacturer's plan, | ||||||
18 | the Agency shall do either of the following: | ||||||
19 | (1) Determine whether the entire plan complies with | ||||||
20 | this Section. If the entire plan is approved, the | ||||||
21 | manufacturer shall begin implementation as soon as | ||||||
22 | practicable. If the entire plan is rejected, the Agency | ||||||
23 | shall inform the manufacturer as to the reasons for the | ||||||
24 | rejection. The manufacturer shall have 30 days thereafter | ||||||
25 | to submit a new plan. | ||||||
26 | (2) Determine whether any part of the plan meets the | ||||||
27 | requirements of this Section and approve such compliant | ||||||
28 | parts and disapprove such others that do not comply with | ||||||
29 | the requirements of this Section. The manufacturer shall | ||||||
30 | immediately implement the approved parts and submit a | ||||||
31 | revised plan respecting the remaining parts within 30 days | ||||||
32 | after receipt of notification of the Agency's disapproval. | ||||||
33 | The Agency shall review a manufacturer's revised plan | ||||||
34 | within 30 days after receipt. | ||||||
35 | (c) Two hundred and forty days after the effective date of |
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1 | this Act, the Agency shall complete, on behalf of a | ||||||
2 | manufacturer, any portion of the plan that has not been | ||||||
3 | approved. | ||||||
4 | (d) The Agency shall review the plan 3 years after the | ||||||
5 | original date of approval of the plan and every 3 years | ||||||
6 | thereafter, and shall require modifications to the plan as | ||||||
7 | appropriate. | ||||||
8 | Section 35. Prohibition; proper management. | ||||||
9 | (a) A person who sells, gives, or otherwise conveys | ||||||
10 | ownership of an end-of-life vehicle to a scrap recycling | ||||||
11 | facility for recycling shall remove all mercury-added switches | ||||||
12 | from the end-of-life vehicle prior to delivery to the facility. | ||||||
13 | (b) Notwithstanding subsection (a) of this Section, a scrap | ||||||
14 | recycling facility may agree to accept an end-of-life vehicle | ||||||
15 | (that has not been intentionally flattened, crushed, or baled) | ||||||
16 | with mercury-added switches, in which case the scrap recycling | ||||||
17 | facility shall be responsible for removing the switches. | ||||||
18 | (c) It shall be unlawful for any person to represent that | ||||||
19 | mercury switches have been removed from a vehicle or vehicle | ||||||
20 | hulk being sold, given, or otherwise conveyed for recycling if | ||||||
21 | that person has not removed the mercury switches or arranged | ||||||
22 | with another person to have the switches removed. | ||||||
23 | Section 40. Phase-out of mercury-added vehicle components. | ||||||
24 | To prevent emissions or other releases of mercury from | ||||||
25 | vehicles, effective 2 vehicle model years from the effective | ||||||
26 | date of this Act, no mercury-added component shall be included | ||||||
27 | as part of a new vehicle offered for sale in Illinois. | ||||||
28 | Section 45. Exemptions. | ||||||
29 | (a) A mercury-added component that is necessary in a | ||||||
30 | vehicle to ensure compliance with federal or State health and | ||||||
31 | safety requirements, or for purposes of national security, | ||||||
32 | shall be exempt from the requirements of Section 40 of this | ||||||
33 | Act, provided that: |
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1 | (1) the manufacturer applies or reapplies for an | ||||||
2 | exemption to the Agency; and | ||||||
3 | (2) the application is in writing, in a form acceptable | ||||||
4 | to the Agency, and the application states the need for an | ||||||
5 | exemption and the legal basis for an exemption. | ||||||
6 | (A) The application must include documentation | ||||||
7 | that there is "no technically feasible alternative" to | ||||||
8 | the use of mercury in the component and that there is | ||||||
9 | no comparable mercury-free component available at | ||||||
10 | reasonable cost to address the health or safety | ||||||
11 | requirement or issue of national security. "No | ||||||
12 | technically feasible alternative" does not include the | ||||||
13 | use of mercury for the purpose of marketing. | ||||||
14 | (B) The applicant must include a description of how | ||||||
15 | the manufacturer will fund the system for the proper | ||||||
16 | removal, collection, and recovery of the mercury-added | ||||||
17 | component while the vehicle is in commerce and at the | ||||||
18 | end of the vehicle's useful life. | ||||||
19 | (C) Subject to the issuance of public notice and | ||||||
20 | solicitations of public comment, the Agency shall | ||||||
21 | accept or reject the application for exemption within | ||||||
22 | 90 days. | ||||||
23 | (b) An exemption application may be submitted to the | ||||||
24 | Agency, subject to public notice and comment, for safety | ||||||
25 | components not required by federal or State law. An exemption | ||||||
26 | may only be granted upon clear demonstration that: | ||||||
27 | (1) such components will substantially increase public | ||||||
28 | health and safety, taking into account any impacts the | ||||||
29 | components may have on overall on-road public safety and | ||||||
30 | the life-cycle impacts of the mercury use; and | ||||||
31 | (2) there is no technically feasible alternative to the | ||||||
32 | use of mercury in the component. | ||||||
33 | (c) An exemption granted under this Section by the Agency | ||||||
34 | shall be valid for a period not to exceed 2 years. | ||||||
35 | (d) Exemptions granted under this Section shall be | ||||||
36 | renewable for periods not to exceed 2 years. |
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1 | (e) If granted an exemption, any vehicle that may contain a | ||||||
2 | mercury-added component shall be labeled by the manufacturer in | ||||||
3 | a manner to clearly inform purchasers that mercury is present | ||||||
4 | in the vehicle and that the component may not be disposed of or | ||||||
5 | placed in a waste stream destined for disposal until the | ||||||
6 | mercury is removed, reused, recovered, properly disposed of as | ||||||
7 | a hazardous waste, or otherwise managed to ensure that the | ||||||
8 | mercury does not become mixed with other solid waste. The label | ||||||
9 | shall identify the component with sufficient detail so that it | ||||||
10 | may be readily located for removal. The label shall be placed | ||||||
11 | on the doorpost of each vehicle that may contain a | ||||||
12 | mercury-added component and be constructed of materials that | ||||||
13 | are sufficiently durable to remain legible for the useful life | ||||||
14 | of the vehicle. | ||||||
15 | Section 50. Design for recycling. Manufacturers, when | ||||||
16 | designing vehicles and their components, shall: | ||||||
17 | (1) To the maximum extent practicable, eliminate | ||||||
18 | substances from their vehicles. | ||||||
19 | (2) Insure that their vehicles are designed to be | ||||||
20 | recycled in a safe, cost effective, and environmentally | ||||||
21 | sound manner, using existing technologies, entities, and | ||||||
22 | infrastructures. | ||||||
23 | (3) Where a vehicle is found to present environmental | ||||||
24 | risks that make it uneconomical to recycle, make | ||||||
25 | appropriate design or manufacturing changes. | ||||||
26 | Section 55. General compliance with other provisions. | ||||||
27 | Except as expressly provided in this Act, compliance with this | ||||||
28 | Act shall not exempt a person from compliance with any other | ||||||
29 | law. | ||||||
30 | Section 60. Rulemaking. The Agency may adopt rules | ||||||
31 | concerning this Act. | ||||||
32 | Section 65. Public notification; comment period. The |
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1 | Agency shall issue public notice and solicit public comment on | ||||||
2 | (i) the removal, replacement, collection, and recovery plans | ||||||
3 | submitted by vehicle manufacturers pursuant to Section 20 of | ||||||
4 | this Act and (ii) the applications and reapplications for | ||||||
5 | exemptions submitted under Section 45 of this Act. This | ||||||
6 | notification and solicitation shall be issued within 30 days | ||||||
7 | after receiving a plan or an application from the manufacturer, | ||||||
8 | in order to give the public adequate time to comment on the | ||||||
9 | proposals. | ||||||
10 | Public comments received within the 90-day review period of | ||||||
11 | this Act shall be considered by the Agency when making a | ||||||
12 | decision to accept or reject either the plan or the application | ||||||
13 | for exemption. | ||||||
14 | Section 70. Reporting. One year after the implementation of | ||||||
15 | the removal, replacement, collection, and recovery system, and | ||||||
16 | annually thereafter, a manufacturer subject to Section 20 of | ||||||
17 | this Act shall report to the Agency concerning the performance | ||||||
18 | of the manufacturer's plan. The report shall include, but not | ||||||
19 | be limited to, the following: | ||||||
20 | (1) a detailed description and documentation of the | ||||||
21 | capture rate achieved; | ||||||
22 | (2) a plan to implement additional or alternative | ||||||
23 | actions, if necessary, to improve the capture rate; | ||||||
24 | (3) a listing of the public educational initiative | ||||||
25 | implemented, including the size of the audience reached; | ||||||
26 | and | ||||||
27 | (4) any changes in the participation of the necessary | ||||||
28 | parties for the plan to be effectively implemented. | ||||||
29 | Section 75. Civil enforcement. Any person violating any | ||||||
30 | provision of this Act or rule thereunder shall be liable and | ||||||
31 | subject to a civil penalty of not more than $10,000 for the | ||||||
32 | violation and an additional civil penalty of not more than | ||||||
33 | $1,000 for each day during which the violation continues. |
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1 | Section 80. Criminal enforcement. It shall be a Class A | ||||||
2 | misdemeanor to violate this Act or rules thereunder, or any | ||||||
3 | terms or conditions thereof, or to knowingly submit any false | ||||||
4 | information under this Act. | ||||||
5 | Section 85. Universal waste. The Agency shall modify its | ||||||
6 | rules governing universal hazardous waste as appropriate to | ||||||
7 | promote the collection, transport, recovery, and proper | ||||||
8 | management of mercury-added vehicle components.
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9 | Section 90. Public education and outreach. | ||||||
10 | (a) Automobile manufacturers shall implement a | ||||||
11 | comprehensive education and outreach program for the general | ||||||
12 | public and parties willingly participating in the removal, | ||||||
13 | replacement (where appropriate), recovery, and disposal system | ||||||
14 | established under this Act. This education and outreach program | ||||||
15 | shall focus on the hazards related to and proper handling of | ||||||
16 | mercury, including, but not limited to, the requirements and | ||||||
17 | obligations of individuals, manufacturers, and the Agency and | ||||||
18 | details of the system established under this Act. | ||||||
19 | (b) In collaboration with automobile manufacturers, the | ||||||
20 | Agency shall supplement this education and outreach program | ||||||
21 | with an assistance program for businesses that might | ||||||
22 | participate in the collection, replacement (where | ||||||
23 | appropriate), recovery, and disposal system established under | ||||||
24 | the Act. | ||||||
25 | (c) Willingly participating parties shall implement a | ||||||
26 | public education and outreach program focused on their | ||||||
27 | participation in the collection, replacement (where | ||||||
28 | applicable), recovery, and disposal system established under | ||||||
29 | this Act. | ||||||
30 | Section 95. Government procurement. Notwithstanding any | ||||||
31 | other policies and guidelines for the procurement of vehicles, | ||||||
32 | the Agency shall, within one year after the effective date of | ||||||
33 | this Act, revise its policies, rules, and procedures to give |
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1 | priority and preference to the purchase of mercury-free | ||||||
2 | vehicles, taking into consideration competition, price, | ||||||
3 | availability, and performance.
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