Full Text of HB1628 94th General Assembly
HB1628ham001 94TH GENERAL ASSEMBLY
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Rep. Karen May
Filed: 3/16/2005
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| AMENDMENT TO HOUSE BILL 1628
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| AMENDMENT NO. ______. Amend House Bill 1628 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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 |
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| classes or special education. | 2 |
| (5) That automobile manufacturers ended their use of | 3 |
| mercury switches in new vehicles with the model year 2003, | 4 |
| but that a significant number of mercury switches still | 5 |
| exist in U. S. motor vehicles currently on the road. | 6 |
| (6) That mercury switches in vehicles are vaporized and | 7 |
| released into the environment when scrap metal, which | 8 |
| includes shredded end-of-life vehicles, is melted in | 9 |
| furnaces to make new steel. Recent findings show that | 10 |
| current use of mercury in automobiles can cause the release | 11 |
| of as much as 10 tons of mercury into the environment each | 12 |
| year. | 13 |
| (7) That pollution prevention is more desirable than | 14 |
| controlling pollution after the fact, and that removing | 15 |
| mercury switches from vehicles before they are crushed or | 16 |
| shredded is an effective way of preventing mercury from | 17 |
| entering steel making furnaces, thereby reducing emissions | 18 |
| into the environment. | 19 |
| (8) That manufacturers of mercury-added products | 20 |
| appear to be in the best position to ensure that | 21 |
| appropriate, practical, and cost-effective systems are | 22 |
| available for end-of-life management of their products. | 23 |
| (9) That statewide mercury switch collection programs, | 24 |
| in which mercury switches are removed before discarded | 25 |
| vehicles are reused as scrap metal, are being established | 26 |
| across the country to protect human health and the | 27 |
| environment. | 28 |
| (10) That auto recyclers and dismantling facilities | 29 |
| exists because many parts and other items have resale | 30 |
| value, but that such facilities have limited ability to | 31 |
| pass on the costs of removing mercury switches because the | 32 |
| switches have no resale value. Monetary incentives are | 33 |
| therefore needed to ensure significant recycling of | 34 |
| mercury switches. |
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| (11) That it is in the public interest of the residents | 2 |
| of Illinois to reduce the quantity of mercury in the | 3 |
| environment by removing switches from vehicles before they | 4 |
| are scrapped.
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| Section 10. Purpose. The purpose of this Act is to reduce | 6 |
| the quantity of mercury in the environment by (i) removing | 7 |
| mercury from vehicles in commerce and end-of-life vehicles in | 8 |
| Illinois; (ii) creating a collection and recovery program for | 9 |
| mercury switches removed from vehicles in Illinois; (iii) | 10 |
| establishing a system to store the mercury collected and | 11 |
| recovered from vehicle components in the event that | 12 |
| environmentally appropriate management technologies are not | 13 |
| available; and (iv) designing future vehicles for maximum | 14 |
| environmental protection and recyclability at the end of their | 15 |
| useful lives by implementing a design for recycling that | 16 |
| includes phasing out the use of mercury in future vehicle | 17 |
| models. | 18 |
| Section 15. Definitions. For the purposes of this Act: | 19 |
| "Agency" means the Illinois Environmental Protection | 20 |
| Agency. | 21 |
| "Mercury-added component" means a component that contains | 22 |
| mercury that was intentionally added to a vehicle in order to | 23 |
| provide a specific characteristic, appearance, or quality, to | 24 |
| perform a specific function, or for any other reason. Such | 25 |
| components may include, but are not limited to, switches, | 26 |
| sensors, lights, and navigational systems. | 27 |
| "Manufacturer" means any person, firm, association, | 28 |
| partnership, corporation, governmental entity, organization, | 29 |
| combination, or joint venture that is the last person to | 30 |
| produce or assemble a new vehicle that uses mercury-added | 31 |
| components or, in the case of an imported vehicle, the importer | 32 |
| or domestic distributor of such vehicle. |
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| "Mercury-added switch" means a light switch or an ABS brake | 2 |
| system switch installed by an automotive manufacturer in a | 3 |
| motor vehicle. | 4 |
| "Scrap recycling facility" means a fixed location where | 5 |
| machinery and equipment are used for processing and | 6 |
| manufacturing scrap metal into prepared grades and whose | 7 |
| principal product is scrap iron, scrap steel, or nonferrous | 8 |
| metallic scrap that is for sale for remelting purposes. | 9 |
| "Vehicle recycler" means any individual or entity engaged | 10 |
| in the business of acquiring, dismantling, or destroying 6 or | 11 |
| more vehicles in a calendar year for the primary purpose of | 12 |
| resale of the parts. | 13 |
| "Vehicle in commerce" means any vehicle offered for sale by | 14 |
| a dealer or registered in Illinois to be operated on public | 15 |
| roads and highways. | 16 |
| "End-of-life vehicle" means any vehicle that is sold, | 17 |
| given, or otherwise conveyed to a vehicle recycler or scrap | 18 |
| recycling facility for the purpose of recycling. | 19 |
| "Capture rate" means removal, collection, and recovery as a | 20 |
| percentage of the total mercury available from vehicles in | 21 |
| commerce and end-of-life vehicles annually. | 22 |
| "Manufacturer-dealer warranty program" means an | 23 |
| arrangement between a manufacturer and its franchisee, whereby | 24 |
| the manufacturer agrees to reimburse the franchisee at | 25 |
| established rates for labor or parts necessary to repair a | 26 |
| vehicle pursuant to the manufacturer's original equipment | 27 |
| warranty to the original purchaser of the vehicle. | 28 |
| "Voluntary incentivized recycling program" means a | 29 |
| recycling program for the collection of mercury-added | 30 |
| components that provides compensation for the removal and | 31 |
| collection of these components from end-of-life vehicles. The | 32 |
| program shall provide a minimum compensation of $3 for each | 33 |
| mercury switch and $15 for each ABS brake system switch | 34 |
| removed. |
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| Section 20. Removal, replacement, collection, and | 2 |
| recovery. | 3 |
| (a) Within 180 days after the effective date of this Act, | 4 |
| every manufacturer of vehicles sold in Illinois shall, | 5 |
| individually or as part of a group, submit to the Agency for | 6 |
| review and approval a plan to remove, collect, and recover | 7 |
| mercury switches either in commerce or end-of-life. | 8 |
| (b) Vehicle manufacturers shall either (i) develop, | 9 |
| implement, and fund a system to remove, replace (where | 10 |
| possible), collect, and recover mercury switches from vehicles | 11 |
| in commerce, or (ii) develop and implement a voluntary | 12 |
| incentivized recycling program, as defined in Section 15, to | 13 |
| remove collect and recover mercury switches from end-of-life | 14 |
| vehicles. For vehicles in commerce, the system shall provide | 15 |
| for the removal, collection, and recovery of mercury switches | 16 |
| and shall replace them with mercury-free alternatives. For | 17 |
| end-of-life vehicles, the system shall also provide for the | 18 |
| removal, collection, and recovery of mercury switches. The | 19 |
| removal, replacement (where possible), collection, and | 20 |
| recovery system shall for vehicles in commerce, or in the | 21 |
| removal, collection, and recovery system for end-of-life | 22 |
| vehicles, include, at a minimum, the following: | 23 |
| (1) an education program to inform the public and other | 24 |
| stakeholders about the purposes of the collection program | 25 |
| and how to participate in it; | 26 |
| (2) a plan for implementing and financing the system, | 27 |
| in accordance with Section 25 of this Act; | 28 |
| (3) documentation of the willingness of all necessary | 29 |
| parties to implement the proposed system; | 30 |
| (4) information identifying the make, model, and year | 31 |
| of vehicles containing mercury switches, a description of | 32 |
| the component, the location of the component, and a safe, | 33 |
| cost-effective, and environmentally sound method for their |
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| removal from vehicles in commerce and from end-of-life | 2 |
| vehicles; | 3 |
| (5) a mercury switch capture rate of at least 90%, | 4 |
| which is consistent with the principle that mercury | 5 |
| switches shall be recovered unless the part is inaccessible | 6 |
| due to significant damage to the vehicle in the area | 7 |
| surrounding the location of the mercury switch; | 8 |
| (6) a description of the performance measurers to be | 9 |
| used and reported upon by the manufacturer to demonstrate | 10 |
| that the system is meeting the capture rate identified in | 11 |
| paragraph (5) of this subsection (b) and other measures of | 12 |
| program effectiveness, including, but not limited to, the | 13 |
| number of switches collected from both end-of-life | 14 |
| vehicles and vehicles in commerce, the amount of mercury | 15 |
| collected, the number of vehicles containing mercury | 16 |
| switches, and the number of vehicles processed for | 17 |
| recycling; | 18 |
| (7) a description of additional or alternative actions | 19 |
| that shall be implemented to improve the system and its | 20 |
| operation in the event that the program targets established | 21 |
| under paragraph (5) of this subsection (b) are not met; and | 22 |
| (8) a plan to store the mercury collected and recovered | 23 |
| from vehicle components in the event that environmentally | 24 |
| appropriate management technologies are not available. | 25 |
| (c) In developing a removal, replacement, collection, and | 26 |
| recovery system for vehicles in commerce, manufacturers shall, | 27 |
| to the extent practicable, use existing dealerships, service | 28 |
| stations, inspection stations, repair shops, and other | 29 |
| facilities that regularly service vehicles in commerce. | 30 |
| (d) In developing a removal, collection, and recovery | 31 |
| program for end-of-life vehicles manufacturers shall, to the | 32 |
| extent practicable, use the existing recycling infrastructure | 33 |
| available for end-of-life vehicles including, but not limited | 34 |
| to, vehicle recyclers and scarp metal recyclers. |
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| Section 30. Plan approval. | 2 |
| (a) Within 30 days after receipt of a manufacturer's plan, | 3 |
| the Agency shall issue public notice and solicit public comment | 4 |
| on the manufacturer's plan. | 5 |
| (b) Within 90 days after receipt of a manufacturer's plan, | 6 |
| the Agency shall do either of the following: | 7 |
| (1) Determine whether the entire plan complies with | 8 |
| this Section. If the entire plan is approved, the | 9 |
| manufacturer shall begin implementation as soon as | 10 |
| practicable. If the entire plan is rejected, the Agency | 11 |
| shall inform the manufacturer as to the reasons for the | 12 |
| rejection. The manufacturer shall have 30 days thereafter | 13 |
| to submit a new plan. | 14 |
| (2) Determine whether any part of the plan meets the | 15 |
| requirements of this Section and approve such compliant | 16 |
| parts and disapprove such others that do not comply with | 17 |
| the requirements of this Section. The manufacturer shall | 18 |
| immediately implement the approved parts and submit a | 19 |
| revised plan respecting the remaining parts within 30 days | 20 |
| after receipt of notification of the Agency's disapproval. | 21 |
| The Agency shall review a manufacturer's revised plan | 22 |
| within 30 days after receipt. | 23 |
| (c) Two hundred and forty days after the effective date of | 24 |
| this Act, the Agency shall complete, on behalf of a | 25 |
| manufacturer, any portion of the plan that has not been | 26 |
| approved. | 27 |
| (d) The Agency shall review the plan 3 years after the | 28 |
| original date of approval of the plan and every 3 years | 29 |
| thereafter, and shall require modifications to the plan as | 30 |
| appropriate. | 31 |
| Section 55. General compliance with other provisions. | 32 |
| Except as expressly provided in this Act, compliance with this |
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| Act shall not exempt a person from compliance with any other | 2 |
| law. | 3 |
| Section 60. Rulemaking. The Agency may adopt rules | 4 |
| concerning this Act. | 5 |
| Section 65. Public notification; comment period. The | 6 |
| Agency shall issue public notice and solicit public comment on | 7 |
| (i) the removal, replacement, collection, and recovery plans | 8 |
| submitted by vehicle manufacturers pursuant to Section 20 of | 9 |
| this Act and (ii) the applications and reapplications for | 10 |
| exemptions submitted under Section 45 of this Act. This | 11 |
| notification and solicitation shall be issued within 30 days | 12 |
| after receiving a plan or an application from the manufacturer, | 13 |
| in order to give the public adequate time to comment on the | 14 |
| proposals. | 15 |
| Public comments received within the 90-day review period of | 16 |
| this Act shall be considered by the Agency when making a | 17 |
| decision to accept or reject either the plan or the application | 18 |
| for exemption. | 19 |
| Section 70. Reporting. One year after the implementation of | 20 |
| the removal, replacement, collection, and recovery system, and | 21 |
| annually thereafter, a manufacturer subject to Section 20 of | 22 |
| this Act shall report to the Agency concerning the performance | 23 |
| of the manufacturer's plan. The report shall include, but not | 24 |
| be limited to, the following: | 25 |
| (1) a detailed description and documentation of the | 26 |
| capture rate achieved; | 27 |
| (2) a plan to implement additional or alternative | 28 |
| actions, if necessary, to improve the capture rate; | 29 |
| (3) a listing of the public educational initiative | 30 |
| implemented, including the size of the audience reached; | 31 |
| and |
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| (4) any changes in the participation of the necessary | 2 |
| parties for the plan to be effectively implemented. | 3 |
| Section 75. Civil enforcement. Any person violating any | 4 |
| provision of this Act or rule thereunder shall be liable and | 5 |
| subject to a civil penalty of not more than $10,000 for the | 6 |
| violation and an additional civil penalty of not more than | 7 |
| $1,000 for each day during which the violation continues. | 8 |
| Section 80. Criminal enforcement. It shall be a Class A | 9 |
| misdemeanor to violate this Act or rules thereunder, or any | 10 |
| terms or conditions thereof, or to knowingly submit any false | 11 |
| information under this Act. | 12 |
| Section 85. Universal waste. The Agency shall modify its | 13 |
| rules governing universal hazardous waste as appropriate to | 14 |
| promote the collection, transport, recovery, and proper | 15 |
| management of mercury-added vehicle components.
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| Section 90. Public education and outreach. | 17 |
| (a) Automobile manufacturers shall implement a | 18 |
| comprehensive education and outreach program for the general | 19 |
| public and parties willingly participating in the removal, | 20 |
| replacement (where appropriate), recovery, and disposal system | 21 |
| established under this Act. This education and outreach program | 22 |
| shall focus on the hazards related to and proper handling of | 23 |
| mercury, including, but not limited to, the requirements and | 24 |
| obligations of individuals, manufacturers, and the Agency and | 25 |
| details of the system established under this Act. | 26 |
| (b) In collaboration with automobile manufacturers, the | 27 |
| Agency shall supplement this education and outreach program | 28 |
| with an assistance program for businesses that might | 29 |
| participate in the collection, replacement (where | 30 |
| appropriate), recovery, and disposal system established under |
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| the Act. | 2 |
| (c) Willingly participating parties shall implement a | 3 |
| public education and outreach program focused on their | 4 |
| participation in the collection, replacement (where | 5 |
| applicable), recovery, and disposal system established under | 6 |
| this Act. | 7 |
| Section 95. Government procurement. Notwithstanding any | 8 |
| other policies and guidelines for the procurement of vehicles, | 9 |
| the Agency shall, within one year after the effective date of | 10 |
| this Act, revise its policies, rules, and procedures to give | 11 |
| priority and preference to the purchase of mercury-free | 12 |
| vehicles, taking into consideration competition, price, | 13 |
| availability, and performance.".
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