Full Text of HB1628 94th General Assembly
HB1628ham004 94TH GENERAL ASSEMBLY
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Rep. Karen May
Filed: 4/6/2005
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LRB094 02848 RSP 44470 a |
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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 600,000 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 |
| exist because many parts and other items have resale value, | 30 |
| but that such facilities have limited ability to pass on | 31 |
| the costs of removing mercury switches because the switches | 32 |
| have no resale value. Monetary incentives are therefore | 33 |
| needed to ensure significant recycling of mercury | 34 |
| 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 end-of-life vehicles in Illinois; (ii) creating a | 8 |
| collection and recovery program for mercury switches removed | 9 |
| from vehicles in Illinois; (iii) establishing a system to store | 10 |
| the mercury collected and recovered from vehicle components in | 11 |
| the event that environmentally appropriate management | 12 |
| technologies are not available; and (iv) designing future | 13 |
| vehicles for maximum environmental protection and | 14 |
| recyclability at the end of their useful lives by implementing | 15 |
| a design for recycling that includes phasing out the use of | 16 |
| mercury in future vehicle models. | 17 |
| Section 15. Definitions. For the purposes of this Act: | 18 |
| "Agency" means the Illinois Environmental Protection | 19 |
| Agency. | 20 |
| "Mercury-added component" means a component that contains | 21 |
| mercury that was intentionally added to a vehicle in order to | 22 |
| provide a specific characteristic, appearance, or quality, to | 23 |
| perform a specific function, or for any other reason. Such | 24 |
| components may include, but are not limited to, switches, | 25 |
| sensors, lights, and navigational systems. | 26 |
| "Manufacturer" means any person, firm, association, | 27 |
| partnership, corporation, governmental entity, organization, | 28 |
| combination, or joint venture that is the last person to | 29 |
| produce or assemble a new vehicle that uses mercury-added | 30 |
| components or, in the case of an imported vehicle, the importer | 31 |
| or domestic distributor of such vehicle. | 32 |
| "Mercury-added switch" means a light switch or an ABS brake |
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| system switch installed by an automotive manufacturer in a | 2 |
| motor vehicle. | 3 |
| "Scrap recycling facility" means a fixed location where | 4 |
| machinery and equipment are used for processing and | 5 |
| manufacturing scrap metal into prepared grades and whose | 6 |
| principal product is scrap iron, scrap steel, or nonferrous | 7 |
| metallic scrap that is for sale for remelting purposes. | 8 |
| "Vehicle recycler" means any individual or entity engaged | 9 |
| in the business of acquiring, dismantling, or destroying 6 or | 10 |
| more vehicles in a calendar year for the primary purpose of | 11 |
| resale of the parts. | 12 |
| "End-of-life vehicle" means any vehicle that is sold, | 13 |
| given, or otherwise conveyed to a vehicle recycler or scrap | 14 |
| recycling facility for the purpose of recycling. | 15 |
| "Capture rate" means removal, collection, and recovery of | 16 |
| mercury switches as a percentage of the total number of mercury | 17 |
| switches available for removal from end-of-life vehicles | 18 |
| annually. | 19 |
| "Manufacturer-dealer warranty program" means an | 20 |
| arrangement between a manufacturer and its franchisee, whereby | 21 |
| the manufacturer agrees to reimburse the franchisee at | 22 |
| established rates for labor or parts necessary to repair a | 23 |
| vehicle pursuant to the manufacturer's original equipment | 24 |
| warranty to the original purchaser of the vehicle. | 25 |
| "Voluntary incentivized recycling program" means a | 26 |
| recycling program for the collection of mercury-added | 27 |
| components that provides compensation for the removal and | 28 |
| collection of these components from end-of-life vehicles. The | 29 |
| program shall provide a minimum compensation of $3 for each | 30 |
| mercury switch and $15 for each ABS brake system switch | 31 |
| removed. | 32 |
| Section 20. Removal, replacement, collection, and | 33 |
| recovery. |
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| (a) Within 180 days after the effective date of this Act, | 2 |
| every manufacturer of vehicles sold in Illinois shall, | 3 |
| individually or as part of a group, submit to the Agency for | 4 |
| review and approval a plan to remove, collect, and recover | 5 |
| mercury switches in end-of-life vehicles. | 6 |
| (b) Vehicle manufacturers shall be financially responsible | 7 |
| for the development and implementation of a voluntary | 8 |
| incentivized recycling program, as defined in Section 15, to | 9 |
| remove, collect, and recover mercury switches from end-of-life | 10 |
| vehicles and to provide for the removal, collection, and | 11 |
| recovery of mercury switches from end-of-life vehicles. The | 12 |
| removal, collection, and recovery system for end-of-life | 13 |
| vehicles shall include, at a minimum, the following: | 14 |
| (1) an education program to inform the public and other | 15 |
| stakeholders about the purposes of the collection program | 16 |
| and how to participate in it; | 17 |
| (2) a plan for implementing the system in accordance | 18 |
| with Section 25 of this Act; | 19 |
| (3) documentation of the willingness of all necessary | 20 |
| parties to implement the proposed system; | 21 |
| (4) information identifying the make, model, and year | 22 |
| of vehicles containing mercury switches, a description of | 23 |
| the component, the location of the component, and a safe, | 24 |
| cost-effective, and environmentally sound method for their | 25 |
| removal from vehicles in commerce and from end-of-life | 26 |
| vehicles; | 27 |
| (5) a mercury switch capture rate of at least 90%, | 28 |
| which is consistent with the principle that mercury | 29 |
| switches shall be recovered unless the part is inaccessible | 30 |
| due to significant damage to the vehicle in the area | 31 |
| surrounding the location of the mercury switch; | 32 |
| (6) a description of the performance measurers to be | 33 |
| used and reported upon by the manufacturer to demonstrate | 34 |
| that the system is meeting the capture rate identified in |
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| paragraph (5) of this subsection (b) and other measures of | 2 |
| program effectiveness, including, but not limited to, the | 3 |
| number of switches collected from end-of-life vehicles, | 4 |
| the amount of mercury collected, the number of vehicles | 5 |
| containing mercury switches, and the number of vehicles | 6 |
| processed for recycling; | 7 |
| (7) a description of additional or alternative actions | 8 |
| that shall be implemented to improve the system and its | 9 |
| operation in the event that the program targets established | 10 |
| under paragraph (5) of this subsection (b) are not met; | 11 |
| (8) a proposal for the storage of the mercury collected | 12 |
| and recovered from vehicle components in the event that | 13 |
| environmentally appropriate management technologies are | 14 |
| not available; and | 15 |
| (9) Educational materials to assist a facility in | 16 |
| undertaking a safe and environmentally sound method for the | 17 |
| removal of the mercury switches from end-of-life vehicles, | 18 |
| including information on the hazards related to mercury and | 19 |
| the proper handling of mercury. | 20 |
| (c) In developing a removal, collection, and recovery | 21 |
| program for end-of-life vehicles manufacturers shall, to the | 22 |
| extent practicable, use the existing recycling infrastructure | 23 |
| available for end-of-life vehicles including, but not limited | 24 |
| to, vehicle recyclers and scrap metal recyclers. | 25 |
| Section 25. Cost of removal, replacement, collection, and | 26 |
| recovery. The total cost of the removal, replacement, | 27 |
| collection, and recovery system for mercury switches shall be | 28 |
| borne by the manufacturer. This cost shall include, but not be | 29 |
| limited to, the following: | 30 |
| (1) training; | 31 |
| (2) packaging of mercury switches for the purpose of | 32 |
| transportation to recycling, storage, or disposal | 33 |
| facilities; |
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| (3) shipping of mercury switches to recycling, | 2 |
| storage, or disposal facilities; | 3 |
| (4) recycling, storage, or disposal of the mercury | 4 |
| switches; | 5 |
| (5) public education materials and presentations; and | 6 |
| (6) maintenance of all appropriate systems and | 7 |
| procedures to protect the environment from mercury | 8 |
| contamination. | 9 |
| Section 30. Plan approval. | 10 |
| (a) Within 30 days after receipt of a manufacturer's plan, | 11 |
| the Agency shall issue public notice and solicit public comment | 12 |
| on the manufacturer's plan. | 13 |
| (b) Within 120 days after receipt of a manufacturer's plan, | 14 |
| the Agency shall do either of the following: | 15 |
| (1) Determine whether the entire plan complies with | 16 |
| this Section. If the entire plan is approved, the | 17 |
| manufacturer shall begin implementation within 30 days | 18 |
| after receipt of approval. If the entire plan is rejected, | 19 |
| the Agency shall inform the manufacturer as to the reasons | 20 |
| for the rejection. The manufacturer shall have 30 days | 21 |
| thereafter to submit a new plan. | 22 |
| (2) Determine whether any part of the plan meets the | 23 |
| requirements of this Section and approve such compliant | 24 |
| parts and disapprove such others that do not comply with | 25 |
| the requirements of this Section. The manufacturer shall | 26 |
| immediately implement the approved parts and submit a | 27 |
| revised plan respecting the remaining parts within 30 days | 28 |
| after receipt of notification of the Agency's disapproval. | 29 |
| The Agency shall review a manufacturer's revised plan | 30 |
| within 30 days after receipt. | 31 |
| (c) Two hundred and forty days after the effective date of | 32 |
| this Act, the Agency shall prescribe any portion of the plan | 33 |
| that has not been approved and the manufacturers shall |
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| immediately implement the parts of the plan prescribed by the | 2 |
| Agency. | 3 |
| (d) The Agency shall review the plan 3 years after the | 4 |
| original date of approval of the plan and every 3 years | 5 |
| thereafter, and shall require modifications to the plan as | 6 |
| appropriate. | 7 |
| Section 55. General compliance with other provisions. | 8 |
| Except as expressly provided in this Act, compliance with this | 9 |
| Act shall not exempt a person from compliance with any other | 10 |
| law. | 11 |
| Section 60. Rulemaking. The Agency may adopt rules | 12 |
| concerning this Act. | 13 |
| Section 70. Reporting. One year after the implementation of | 14 |
| the removal, replacement, collection, and recovery system, and | 15 |
| annually thereafter, a manufacturer subject to Section 20 of | 16 |
| this Act shall report to the Agency concerning the performance | 17 |
| of the manufacturer's plan. The report shall include, but not | 18 |
| be limited to, the following: | 19 |
| (1) a detailed description and documentation of the | 20 |
| capture rate achieved, including, but not limited to, the | 21 |
| number of mercury switches collected, the number of | 22 |
| end-of-life vehicles containing mercury switches, the | 23 |
| number of end-of-life vehicles processed for recycling, | 24 |
| and a description of how the mercury switches were managed; | 25 |
| (2) a plan to implement additional or alternative | 26 |
| actions, if necessary, to improve the capture rate; | 27 |
| (3) a listing of the public educational initiative | 28 |
| implemented, including the size of the audience reached; | 29 |
| (4) any changes in the participation of the necessary | 30 |
| parties for the plan to be effectively implemented; and | 31 |
| (5) A description of the amounts paid to cover the |
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| removal, collection, replacement, and recovery of mercury | 2 |
| switches. | 3 |
| Section 75. Civil enforcement. Any person required to | 4 |
| submit a plan pursuant to Section 20 of this Act who violates | 5 |
| any provision of this Act or rule thereunder shall be liable | 6 |
| and subject to a civil penalty of not more than $10,000 for the | 7 |
| violation and an additional civil penalty of not more than | 8 |
| $1,000 for each day during which the violation continues. | 9 |
| Section 80. Universal waste. The Agency shall modify its | 10 |
| rules governing universal hazardous waste as appropriate to | 11 |
| promote the collection, transport, recovery, and proper | 12 |
| management of mercury-added vehicle components.".
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