Full Text of HB1628 94th General Assembly
HB1628ham002 94TH GENERAL ASSEMBLY
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Rep. Karen May
Filed: 3/16/2005
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09400HB1628ham002 |
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LRB094 02848 RSP 43890 a |
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| AMENDMENT TO HOUSE BILL 1628
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| AMENDMENT NO. ______. Amend House Bill 1628, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment 1, | 4 |
| on page 7, immediately after line 30, by inserting the | 5 |
| following:
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| "Section 40. Phase-out of mercury-added vehicle | 7 |
| components. To prevent emissions or other releases of mercury | 8 |
| from vehicles, effective 2 vehicle model years from the | 9 |
| effective date of this Act, no mercury-added component shall be | 10 |
| included as part of a new vehicle offered for sale in Illinois. | 11 |
| Section 45. Exemptions. | 12 |
| (a) A mercury-added component that is necessary in a | 13 |
| vehicle to ensure compliance with federal or State health and | 14 |
| safety requirements, or for purposes of national security, | 15 |
| shall be exempt from the requirements of Section 40 of this | 16 |
| Act, provided that: | 17 |
| (1) the manufacturer applies or reapplies for an | 18 |
| exemption to the Agency; and | 19 |
| (2) the application is in writing, in a form acceptable | 20 |
| to the Agency, and the application states the need for an | 21 |
| exemption and the legal basis for an exemption. | 22 |
| (A) The application must include documentation | 23 |
| that there is "no technically feasible alternative" to | 24 |
| the use of mercury in the component and that there is |
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LRB094 02848 RSP 43890 a |
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| no comparable mercury-free component available at | 2 |
| reasonable cost to address the health or safety | 3 |
| requirement or issue of national security. "No | 4 |
| technically feasible alternative" does not include the | 5 |
| use of mercury for the purpose of marketing. | 6 |
| (B) The applicant must include a description of how | 7 |
| the manufacturer will fund the system for the proper | 8 |
| removal, collection, and recovery of the mercury-added | 9 |
| component while the vehicle is in commerce and at the | 10 |
| end of the vehicle's useful life. | 11 |
| (C) Subject to the issuance of public notice and | 12 |
| solicitations of public comment, the Agency shall | 13 |
| accept or reject the application for exemption within | 14 |
| 90 days. | 15 |
| (b) An exemption application may be submitted to the | 16 |
| Agency, subject to public notice and comment, for safety | 17 |
| components not required by federal or State law. An exemption | 18 |
| may only be granted upon clear demonstration that: | 19 |
| (1) such components will substantially increase public | 20 |
| health and safety, taking into account any impacts the | 21 |
| components may have on overall on-road public safety and | 22 |
| the life-cycle impacts of the mercury use; and | 23 |
| (2) there is no technically feasible alternative to the | 24 |
| use of mercury in the component. | 25 |
| (c) An exemption granted under this Section by the Agency | 26 |
| shall be valid for a period not to exceed 2 years. | 27 |
| (d) Exemptions granted under this Section shall be | 28 |
| renewable for periods not to exceed 2 years. | 29 |
| (e) If granted an exemption, any vehicle that may contain a | 30 |
| mercury-added component shall be labeled by the manufacturer in | 31 |
| a manner to clearly inform purchasers that mercury is present | 32 |
| in the vehicle and that the component may not be disposed of or | 33 |
| placed in a waste stream destined for disposal until the | 34 |
| mercury is removed, reused, recovered, properly disposed of as |
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LRB094 02848 RSP 43890 a |
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| a hazardous waste, or otherwise managed to ensure that the | 2 |
| mercury does not become mixed with other solid waste. The label | 3 |
| shall identify the component with sufficient detail so that it | 4 |
| may be readily located for removal. The label shall be placed | 5 |
| on the doorpost of each vehicle that may contain a | 6 |
| mercury-added component and be constructed of materials that | 7 |
| are sufficiently durable to remain legible for the useful life | 8 |
| of the vehicle. | 9 |
| Section 50. Design for recycling. Manufacturers, when | 10 |
| designing vehicles and their components, shall: | 11 |
| (1) To the maximum extent practicable, eliminate toxic | 12 |
| substances from their vehicles. | 13 |
| (2) Insure that their vehicles are designed to be | 14 |
| recycled in a safe, cost effective, and environmentally | 15 |
| sound manner, using existing technologies, entities, and | 16 |
| infrastructures. | 17 |
| (3) Where a vehicle is found to present environmental | 18 |
| risks that make it uneconomical to recycle, make | 19 |
| appropriate design or manufacturing changes.".
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