HB1628ham002 94TH GENERAL ASSEMBLY

Rep. Karen May

Filed: 3/16/2005

09400HB1628ham002 LRB094 02848 RSP 43890 a

AMENDMENT TO HOUSE BILL 1628

AMENDMENT NO. ______. Amend House Bill 1628, AS AMENDED, with reference to page and line numbers of House Amendment 1, on page 7, immediately after line 30, by inserting the following:

"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 toxic 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.".