HB1628ham001 94TH GENERAL ASSEMBLY

Rep. Karen May

Filed: 3/16/2005

09400HB1628ham001 LRB094 02848 RSP 43891 a

AMENDMENT TO HOUSE BILL 1628

AMENDMENT NO. ______. Amend House Bill 1628 by replacing everything after the enacting clause with the following:

"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 automobile manufacturers ended their use of mercury switches in new vehicles with the model year 2003, but that a significant number of mercury switches still exist in U. S. motor vehicles currently on the road.

(6) That mercury switches in vehicles are vaporized and released into the environment when scrap metal, which includes shredded end-of-life vehicles, is melted in furnaces to make new steel. Recent findings show that current use of mercury in automobiles can cause the release of as much as 10 tons of mercury into the environment each year.

(7) That pollution prevention is more desirable than controlling pollution after the fact, and that removing mercury switches from vehicles before they are crushed or shredded is an effective way of preventing mercury from entering steel making furnaces, thereby reducing emissions into the environment.

(8) That manufacturers of mercury-added products appear to be in the best position to ensure that appropriate, practical, and cost-effective systems are available for end-of-life management of their products.

(9) That statewide mercury switch collection programs, in which mercury switches are removed before discarded vehicles are reused as scrap metal, are being established across the country to protect human health and the environment.

(10) That auto recyclers and dismantling facilities exists because many parts and other items have resale value, but that such facilities have limited ability to pass on the costs of removing mercury switches because the switches have no resale value. Monetary incentives are therefore needed to ensure significant recycling of mercury switches.

(11) That it is in the public interest of the residents of Illinois to reduce the quantity of mercury in the environment by removing switches from vehicles before they are scrapped.

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.

"Voluntary incentivized recycling program" means a recycling program for the collection of mercury-added components that provides compensation for the removal and collection of these components from end-of-life vehicles. The program shall provide a minimum compensation of $3 for each mercury switch and $15 for each ABS brake system switch removed.

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

(a) Within 180 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 either in commerce or end-of-life.

(b) Vehicle manufacturers shall either (i) develop, implement, and fund a system to remove, replace (where possible), collect, and recover mercury switches from vehicles in commerce, or (ii) develop and implement a voluntary incentivized recycling program, as defined in Section 15, to remove collect and recover mercury switches from 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. For end-of-life vehicles, the system shall also provide for the removal, collection, and recovery of mercury switches. The removal, replacement (where possible), collection, and recovery system shall for vehicles in commerce, or in the removal, collection, and recovery system for end-of-life vehicles, 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.

(d) In developing a removal, collection, and recovery program for end-of-life vehicles manufacturers shall, to the extent practicable, use the existing recycling infrastructure available for end-of-life vehicles including, but not limited to, vehicle recyclers and scarp metal recyclers.

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 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.".