HB7300 93RD GENERAL ASSEMBLY

LRB093 22136 RAS 50897 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7300

Introduced 5/12/2004, by Rep. Karen May

SYNOPSIS AS INTRODUCED:

New Act

Creates the Mercury-Free Vehicle Act. Provides that every manufacturer of vehicles sold within the State shall, individually or as part of a group, submit a plan to remove, collect, and recover mercury switches to the Environmental Protection Agency for review and approval. Sets forth procedures for the removal, replacement, collection, and recovery of vehicle mercury switches and for obtaining Agency approval. Provides that the total cost of the removal, replacement, collection, and recovery system for mercury switches shall be borne by the manufacturer. Provides that no mercury-added component shall be included as part of a new vehicle offered for sale in the State.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning environmental safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Mercury-Free Vehicle Act.

Section 5. Legislative findings. The General Assembly finds:

(1) That mercury is a persistent and toxic pollutant that bioaccumulates in the environment.

(2) That 41 states, including Illinois, have issued fish advisories that warn certain individuals to restrict or avoid consuming fish from bodies of water contaminated with mercury.

(3) That the United States Food and Drug Administration has advised pregnant women and women of childbearing age who may become pregnant not to eat shark, swordfish, king mackerel, and tilefish due to methyl mercury contamination.

(4) That according to estimates of the National Research Council, over 60,000 babies are born annually at risk for adverse neurodevelopment effects from in utero exposure to methyl mercury resulting from the consumption of mercury contaminated fish. These children will have to struggle to keep up in school and might require remedial classes or special education.

(5) That recent findings show historic and current use of mercury in automobiles can cause the release of as much as 10 tons of mercury into the environment each year. Based on the automobile industry's own data, vehicles currently on the road in North America contain an estimated 150 to 200 tons of mercury.

(6) Pollution prevention is a more desirable strategy than waste management and pollution control. Preventing mercury or mercury-containing components from entering thermal combustion units is an effective way to reduce mercury emissions into the environment.

(7) Vehicle mercury switch collection programs are being established across the country to protect human health and the environment.

Section 10. Purpose. The purpose of this Act is to reduce the quantity of mercury in the environment by (i) removing mercury from vehicles in commerce and end-of-life vehicles in Illinois; (ii) creating a collection and recovery program for mercury switches removed from vehicles in Illinois; (iii) establishing a system to store the mercury collected and recovered from vehicle components in the event that environmentally appropriate management technologies are not available; and (iv) designing future vehicles for maximum environmental protection and recyclability at the end of their useful lives by implementing a design for recycling that includes phasing out the use of mercury in future vehicle models.

Section 15. Definitions. For the purposes of this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Mercury-added component" means a component that contains mercury that was intentionally added to a vehicle in order to provide a specific characteristic, appearance, or quality, to perform a specific function, or for any other reason. Such components may include, but are not limited to, switches, sensors, lights, and navigational systems.

"Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that is the last person to produce or assemble a new vehicle that uses mercury-added components or, in the case of an imported vehicle, the importer or domestic distributor of such vehicle.

"Mercury-added switch" means a light switch or an ABS brake system switch installed by an automotive manufacturer in a motor vehicle.

"Scrap recycling facility" means a fixed location where machinery and equipment are used for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap that is for sale for remelting purposes.

"Vehicle recycler" means any individual or entity engaged in the business of acquiring, dismantling, or destroying 6 or more vehicles in a calendar year for the primary purpose of resale of the parts.

"Vehicle in commerce" means any vehicle offered for sale by a dealer or registered in Illinois to be operated on public roads and highways.

"End-of-life vehicle" means any vehicle that is sold, given, or otherwise conveyed to a vehicle recycler or scrap recycling facility for the purpose of recycling.

"Capture rate" means removal, collection, and recovery as a percentage of the total mercury available from vehicles in commerce and end-of-life vehicles annually.

"Manufacturer-dealer warranty program" means an arrangement between a manufacturer and its franchisee, whereby the manufacturer agrees to reimburse the franchisee at established rates for labor or parts necessary to repair a vehicle pursuant to the manufacturer's original equipment warranty to the original purchaser of the vehicle.

Section 20. Removal, replacement, collection, and recovery.

(a) Within 90 days after the effective date of this Act, every manufacturer of vehicles sold in Illinois shall, individually or as part of a group, submit to the Agency for review and approval a plan to remove, collect, and recover mercury switches.

(b) Vehicle manufacturers shall develop and implement a system to remove, replace (where possible), collect, and recover mercury switches from vehicles in commerce and end-of-life vehicles. For vehicles in commerce, the system shall provide for the removal, collection, and recovery of mercury switches and shall replace them with mercury-free alternatives. Where possible, the system shall also provide for the removal, collection, and recovery of mercury switches from end-of-life vehicles. The removal, replacement (where possible), collection, and recovery system shall include, at a minimum, the following:

(1) an education program to inform the public and other stakeholders about the purposes of the collection program and how to participate in it;

(2) a plan for implementing and financing the system, in accordance with Section 25 of this Act;

(3) documentation of the willingness of all necessary parties to implement the proposed system;

(4) information identifying the make, model, and year of vehicles containing mercury switches, a description of the component, the location of the component, and a safe, cost-effective, and environmentally sound method for their removal from vehicles in commerce and from end-of-life vehicles;

(5) a mercury switch capture rate of at least 90%, which is consistent with the principle that mercury switches shall be recovered unless the part is inaccessible due to significant damage to the vehicle in the area surrounding the location of the mercury switch;

(6) a description of the performance measurers to be used and reported upon by the manufacturer to demonstrate that the system is meeting the capture rate identified in paragraph (5) of this subsection (b) and other measures of program effectiveness, including, but not limited to, the number of switches collected from both end-of-life vehicles and vehicles in commerce, the amount of mercury collected, the number of vehicles containing mercury switches, and the number of vehicles processed for recycling;

(7) a description of additional or alternative actions that shall be implemented to improve the system and its operation in the event that the program targets established under paragraph (5) of this subsection (b) are not met; and

(8) a plan to store the mercury collected and recovered from vehicle components in the event that environmentally appropriate management technologies are not available.

(c) In developing a removal, replacement, collection, and recovery system for vehicles in commerce, manufacturers shall, to the extent practicable, use existing dealerships, service stations, inspection stations, repair shops, and other facilities that regularly service vehicles in commerce. If a manufacturer does not use such an entity, that manufacturer must include in its plan the reasons for establishing a separate removal, replacement, collection, and recovery entity.

(d) Manufacturers shall, to the extent practicable, use the existing recycling infrastructure available for end-of-life vehicles. If a manufacturer does not use such infrastructure, that manufacturer must include in its plan the reasons for establishing a separate removal, collection, and recovery infrastructure.

Section 25. Cost of removal, replacement, collection, and recovery. The total cost of the removal, replacement, collection, and recovery system for mercury switches shall be borne by the manufacturer. This cost shall include, but not be limited to, the following:

(1) labor to remove or replace (where possible) mercury switches; labor shall be reimbursed at the prevailing rate auto manufacturers use to reimburse automotive dealers for replacing faulty switches under the manufacturer-dealer warranty program;

(2) training;

(3) packaging of mercury switches for the purpose of transportation to recycling, storage, or disposal facilities;

(4) shipping of mercury switches to recycling, storage, or disposal facilities;

(5) recycling, storage, or disposal of the mercury switches;

(6) public education materials and presentations; and

(7) maintenance of all appropriate systems and procedures to protect the environment from mercury contamination.

Section 30. Plan approval.

(a) Within 30 days after receipt of a manufacturer's plan, the Agency shall issue public notice and solicit public comment on the manufacturer's plan.

(b) Within 90 days after receipt of a manufacturer's plan, the Agency shall do either of the following:

(1) Determine whether the entire plan complies with this Section. If the entire plan is approved, the manufacturer shall begin implementation as soon as practicable. If the entire plan is rejected, the Agency shall inform the manufacturer as to the reasons for the rejection. The manufacturer shall have 30 days thereafter to submit a new plan.

(2) Determine whether any part of the plan meets the requirements of this Section and approve such compliant parts and disapprove such others that do not comply with the requirements of this Section. The manufacturer shall immediately implement the approved parts and submit a revised plan respecting the remaining parts within 30 days after receipt of notification of the Agency's disapproval. The Agency shall review a manufacturer's revised plan within 30 days after receipt.

(c) Two hundred and forty days after the effective date of this Act, the Agency shall complete, on behalf of a manufacturer, any portion of the plan that has not been approved.

(d) The Agency shall review the plan 3 years after the original date of approval of the plan and every 3 years thereafter, and shall require modifications to the plan as appropriate.

Section 35. Prohibition; proper management.

(a) A person who sells, gives, or otherwise conveys ownership of an end-of-life vehicle to a scrap recycling facility for recycling shall remove all mercury-added switches from the end-of-life vehicle prior to delivery to the facility.

(b) Notwithstanding subsection (a) of this Section, a scrap recycling facility may agree to accept an end-of-life vehicle (that has not been intentionally flattened, crushed, or baled) with mercury-added switches, in which case the scrap recycling facility shall be responsible for removing the switches.

(c) It shall be unlawful for any person to represent that mercury switches have been removed from a vehicle or vehicle hulk being sold, given, or otherwise conveyed for recycling if that person has not removed the mercury switches or arranged with another person to have the switches removed.

Section 40. Phase-out of mercury-added vehicle components. To prevent emissions or other releases of mercury from vehicles, effective 2 vehicle model years from the effective date of this Act, no mercury-added component shall be included as part of a new vehicle offered for sale in Illinois.

Section 45. Exemptions.

(a) A mercury-added component that is necessary in a vehicle to ensure compliance with federal or State health and safety requirements, or for purposes of national security, shall be exempt from the requirements of Section 40 of this Act, provided that:

(1) the manufacturer applies or reapplies for an exemption to the Agency; and

(2) the application is in writing, in a form acceptable to the Agency, and the application states the need for an exemption and the legal basis for an exemption.

(A) The application must include documentation that there is "no technically feasible alternative" to the use of mercury in the component and that there is no comparable mercury-free component available at reasonable cost to address the health or safety requirement or issue of national security. "No technically feasible alternative" does not include the use of mercury for the purpose of marketing.

(B) The applicant must include a description of how the manufacturer will fund the system for the proper removal, collection, and recovery of the mercury-added component while the vehicle is in commerce and at the end of the vehicle's useful life.

(C) Subject to the issuance of public notice and solicitations of public comment, the Agency shall accept or reject the application for exemption within 90 days.

(b) An exemption application may be submitted to the Agency, subject to public notice and comment, for safety components not required by federal or State law. An exemption may only be granted upon clear demonstration that:

(1) such components will substantially increase public health and safety, taking into account any impacts the components may have on overall on-road public safety and the life-cycle impacts of the mercury use; and

(2) there is no technically feasible alternative to the use of mercury in the component.

(c) An exemption granted under this Section by the Agency shall be valid for a period not to exceed 2 years.

(d) Exemptions granted under this Section shall be renewable for periods not to exceed 2 years.

(e) If granted an exemption, any vehicle that may contain a mercury-added component shall be labeled by the manufacturer in a manner to clearly inform purchasers that mercury is present in the vehicle and that the component may not be disposed of or placed in a waste stream destined for disposal until the mercury is removed, reused, recovered, properly disposed of as a hazardous waste, or otherwise managed to ensure that the mercury does not become mixed with other solid waste. The label shall identify the component with sufficient detail so that it may be readily located for removal. The label shall be placed on the doorpost of each vehicle that may contain a mercury-added component and be constructed of materials that are sufficiently durable to remain legible for the useful life of the vehicle.

Section 50. Design for recycling. Manufacturers, when designing vehicles and their components, shall:

(1) To the maximum extent practicable, eliminate substances from their vehicles.

(2) Insure that their vehicles are designed to be recycled in a safe, cost effective, and environmentally sound manner, using existing technologies, entities, and infrastructures.

(3) Where a vehicle is found to present environmental risks that make it uneconomical to recycle, make appropriate design or manufacturing changes.

Section 55. General compliance with other provisions. Except as expressly provided in this Act, compliance with this Act shall not exempt a person from compliance with any other law.

Section 60. Rulemaking. The Agency may adopt rules concerning this Act.

Section 65. Public notification; comment period. The Agency shall issue public notice and solicit public comment on (i) the removal, replacement, collection, and recovery plans submitted by vehicle manufacturers pursuant to Section 20 of this Act and (ii) the applications and reapplications for exemptions submitted under Section 45 of this Act. This notification and solicitation shall be issued within 30 days after receiving a plan or an application from the manufacturer, in order to give the public adequate time to comment on the proposals.

Public comments received within the 90-day review period of this Act shall be considered by the Agency when making a decision to accept or reject either the plan or the application for exemption.

Section 70. Reporting. One year after the implementation of the removal, replacement, collection, and recovery system, and annually thereafter, a manufacturer subject to Section 20 of this Act shall report to the Agency concerning the performance of the manufacturer's plan. The report shall include, but not be limited to, the following:

(1) a detailed description and documentation of the capture rate achieved;

(2) a plan to implement additional or alternative actions, if necessary, to improve the capture rate;

(3) a listing of the public educational initiative implemented, including the size of the audience reached; and

(4) any changes in the participation of the necessary parties for the plan to be effectively implemented.

Section 75. Civil enforcement. Any person violating any provision of this Act or rule thereunder shall be liable and subject to a civil penalty of not more than $10,000 for the violation and an additional civil penalty of not more than $1,000 for each day during which the violation continues.

Section 80. Criminal enforcement. It shall be a Class A misdemeanor to violate this Act or rules thereunder, or any terms or conditions thereof, or to knowingly submit any false information under this Act.

Section 85. Universal waste. The Agency shall modify its rules governing universal hazardous waste as appropriate to promote the collection, transport, recovery, and proper management of mercury-added vehicle components.

Section 90. Public education and outreach.

(a) Automobile manufacturers shall implement a comprehensive education and outreach program for the general public and parties willingly participating in the removal, replacement (where appropriate), recovery, and disposal system established under this Act. This education and outreach program shall focus on the hazards related to and proper handling of mercury, including, but not limited to, the requirements and obligations of individuals, manufacturers, and the Agency and details of the system established under this Act.

(b) In collaboration with automobile manufacturers, the Agency shall supplement this education and outreach program with an assistance program for businesses that might participate in the collection, replacement (where appropriate), recovery, and disposal system established under the Act.

(c) Willingly participating parties shall implement a public education and outreach program focused on their participation in the collection, replacement (where applicable), recovery, and disposal system established under this Act.

Section 95. Government procurement. Notwithstanding any other policies and guidelines for the procurement of vehicles, the Agency shall, within one year after the effective date of this Act, revise its policies, rules, and procedures to give priority and preference to the purchase of mercury-free vehicles, taking into consideration competition, price, availability, and performance.