House File 2182 - Introduced
HOUSE FILE
BY KAUFMANN
(COMPANION TO LSB 5137SS
BY HAHN)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the removal, replacement, collection, and
2 recovery of mercury=added vehicle components.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5137YH 81
5 tm/gg/14
PAG LIN
1 1 Section 1. FINDINGS AND DECLARATIONS.
1 2 1. The general assembly finds all of the following:
1 3 a. Mercury is a persistent and toxic pollutant that
1 4 bioaccumulates in the environment.
1 5 b. A majority of the states have issued fish advisories
1 6 that warn certain individuals to restrict or avoid consuming
1 7 fish from bodies of water contaminated with mercury.
1 8 c. The United States food and drug administration and the
1 9 United States environmental protection agency have advised
1 10 pregnant women, women who might become pregnant, nursing
1 11 mothers, and young children not to eat shark, swordfish, king
1 12 mackerel, and tilefish due to methyl mercury contamination.
1 13 d. The United States environmental protection agency
1 14 estimates that one in every six women of childbearing age has
1 15 enough mercury in her blood to pose a risk to her child,
1 16 resulting in over six hundred thirty thousand children being
1 17 born each year overexposed to mercury. These children are at
1 18 risk for adverse neurodevelopmental effects from in utero
1 19 exposure to methyl mercury resulting from the consumption of
1 20 mercury=contaminated fish.
1 21 e. Historic and current use of mercury in automobiles can
1 22 cause the release of as much as ten tons of mercury to the
1 23 environment each year. There is estimated to be between one
1 24 hundred fifty and two hundred tons of mercury contained in the
1 25 vehicles currently on the road in North America.
1 26 f. Pollution prevention is the preferred strategy to
1 27 reduce mercury in the environment and is a more desirable
1 28 strategy than waste management and pollution control.
1 29 Preventing mercury or mercury=containing components from
1 30 entering thermal combustion units is an effective way to
1 31 reduce mercury emissions into the environment.
1 32 g. Vehicle mercury switch collection programs are being
1 33 established across the United States to protect human health
1 34 and the environment.
1 35 2. The general assembly declares that the purpose of this
2 1 division is to reduce the quantity of mercury in the
2 2 environment by doing all of the following:
2 3 a. Removing mercury from vehicles in commerce and end=of=
2 4 life vehicles in Iowa.
2 5 b. Creating a collection and recovery program for mercury
2 6 switches removed from vehicles in Iowa.
2 7 c. Establishing a system to store the mercury collected
2 8 and recovered from vehicle components in the event that
2 9 environmentally appropriate management technologies are not
2 10 available.
2 11 d. Promoting the design of future vehicles for maximum
2 12 environmental protection and recyclability at the end of their
2 13 useful lives by implementing a design for a recycling program
2 14 which includes phasing out the use of mercury in future
2 15 vehicle models.
2 16 Sec. 2. NEW SECTION. 455B.801 SHORT TITLE.
2 17 This division shall be known and may be cited as the
2 18 "Mercury=Free Vehicle Act".
2 19 Sec. 3. NEW SECTION. 455B.802 DEFINITIONS.
2 20 As used in this division, unless the context otherwise
2 21 requires:
2 22 1. "Capture rate" means the amount of mercury removed,
2 23 collected, and recovered from vehicles in commerce and end=
2 24 of=life vehicles, expressed as a percentage of the total
2 25 mercury available from vehicles in commerce and end=of=life
2 26 vehicles annually.
2 27 2. "Closed loop recycling system" means a system whereby
2 28 materials or components are routinely collected and handled
2 29 within a process or managed system that controls the materials
2 30 or components for reuse, remanufacturing, recycling, or
2 31 otherwise prevents the materials or components from entering
2 32 the waste stream.
2 33 3. "End=of=life vehicle" means any vehicle which is sold,
2 34 given, or otherwise conveyed to a vehicle recycler or scrap
2 35 recycling facility for the purpose of recycling.
3 1 4. "Manufacturer" means any person which is the last
3 2 person to produce or assemble a new vehicle that utilizes
3 3 mercury=added components, or in the case of an imported
3 4 vehicle, the importer or domestic distributor of such vehicle.
3 5 5. "Manufacturer=dealer warranty program" means an
3 6 arrangement between a manufacturer and a franchisee of the
3 7 manufacturer, whereby the manufacturer agrees to reimburse the
3 8 franchisee, at an established rate, for labor or parts
3 9 necessary to repair a vehicle pursuant to the manufacturer's
3 10 original equipment warranty to the original purchaser of the
3 11 vehicle.
3 12 6. "Mercury=added component" means a component that
3 13 contains mercury which was intentionally added in order to
3 14 provide a specific characteristic, appearance, or quality or
3 15 to perform a specific function, or for any other reason. Such
3 16 components may include, but are not limited to, switches,
3 17 sensors, lights, and navigational systems used in vehicles.
3 18 7. "Mercury=added switch" means a light switch or a brake
3 19 system switch that contains mercury which was installed by an
3 20 automotive manufacturer in a motor vehicle.
3 21 8. "Scrap recycling facility" means a fixed location where
3 22 machinery and equipment are utilized for processing and
3 23 manufacturing scrap metal into prepared grades and whose
3 24 principal product is scrap iron, scrap steel, or nonferrous
3 25 metallic scrap for sale for remelting purposes.
3 26 9. "Service replacement part" means a part that is
3 27 identical to an original equipment part and that is used
3 28 exclusively in the repair or service of original equipment
3 29 components.
3 30 10. "Vehicle in commerce" means any vehicle offered for
3 31 sale by a motor vehicle dealer or registered in this state to
3 32 be operated on public roads and highways.
3 33 11. "Vehicle recycler" means any person engaged in the
3 34 business of acquiring, dismantling, or destroying six or more
3 35 vehicles in a calendar year for the primary purpose of resale
4 1 of the vehicles' parts.
4 2 Sec. 4. NEW SECTION. 455B.803 PLANS FOR REMOVAL,
4 3 REPLACEMENT, COLLECTION, AND RECOVERY OF VEHICLE MERCURY
4 4 SWITCHES.
4 5 1. Within ninety days of the effective date of this Act,
4 6 each manufacturer of vehicles sold in this state shall,
4 7 individually or as part of a group, submit to the department
4 8 for review and approval a plan for a system to remove,
4 9 replace, collect, and recover mercury=added switches in
4 10 vehicles manufactured by the manufacturer.
4 11 2. a. Upon approval of the plan, the manufacturer shall
4 12 implement a system to remove; replace, when possible; collect;
4 13 and recover mercury=added switches from vehicles in commerce
4 14 and end=of=life vehicles. For vehicles in commerce, the
4 15 system shall provide for the removal, collection, and recovery
4 16 of mercury=added switches, and when possible replace the
4 17 mercury=added switches with mercury=free alternatives. The
4 18 system shall also provide for the removal, collection, and
4 19 recovery of mercury=added switches from end=of=life vehicles.
4 20 b. The system developed and implemented pursuant to this
4 21 section shall include, at a minimum, all of the following:
4 22 (1) An education program to inform the public and other
4 23 stakeholders about the purpose of the collection program and
4 24 how to participate in the program.
4 25 (2) A plan for implementing and financing the system, in
4 26 accordance with subsection 3.
4 27 (3) Documentation of the willingness of all necessary
4 28 parties to implement the proposed system.
4 29 (4) Information identifying the make, model, and year of
4 30 vehicles containing mercury=added switches, a description of
4 31 the component, the location of these components, and the safe,
4 32 cost=effective, and environmentally sound methods for the
4 33 removal of the mercury=added switches from vehicles in
4 34 commerce and end=of=life vehicles.
4 35 (5) A target mercury=added switch capture rate for
5 1 vehicles manufactured by the manufacturer of at least ninety
5 2 percent, consistent with the principle that mercury=added
5 3 switches shall be recovered unless the part is inaccessible
5 4 due to significant damage to the vehicle in the area
5 5 surrounding where the mercury=added switch is located.
5 6 (6) A description of the performance measures to be
5 7 utilized and reported on by the manufacturer to demonstrate
5 8 that the system is meeting the capture rate identified in
5 9 subparagraph (5) and other measures of program effectiveness,
5 10 including, but not limited to, the number of switches
5 11 collected from both end=of=life and vehicles in commerce, the
5 12 amount of mercury collected, the number of vehicles
5 13 manufactured by the manufacturer containing mercury=added
5 14 switches, and the number of vehicles manufactured by the
5 15 manufacturer processed for recycling by vehicle recyclers.
5 16 (7) A description of additional or alternative actions
5 17 that shall be implemented by the manufacturer to improve the
5 18 system and its operation in the event that the program capture
5 19 rate targets established under subparagraph (5) are not met.
5 20 (8) A plan to store the mercury collected and recovered
5 21 from vehicle components in the event that environmentally
5 22 appropriate management technologies are not available.
5 23 c. In developing a removal, replacement, collection, and
5 24 recovery system for vehicles in commerce, a manufacturer
5 25 shall, to the extent practicable, utilize existing
5 26 dealerships, service stations, inspection stations, repair
5 27 shops, and other facilities which regularly service vehicles
5 28 in commerce. If a manufacturer does not utilize such
5 29 infrastructure, the manufacturer shall include in its plan the
5 30 reasons for establishing a separate removal, replacement,
5 31 collection, and recovery infrastructure.
5 32 d. In developing a removal, collection, and recovery
5 33 system for end=of=life vehicles, a manufacturer shall, to the
5 34 extent practicable, utilize the existing end=of=life vehicle
5 35 recycling infrastructure. If a manufacturer does not utilize
6 1 such infrastructure, the manufacturer shall include in its
6 2 plan the reasons for establishing a separate removal,
6 3 collection, and recovery infrastructure.
6 4 3. The total cost of the removal, replacement, collection,
6 5 and recovery system for mercury=added switches shall be paid
6 6 by the manufacturer. Costs shall include, but not be limited
6 7 to, all of the following:
6 8 a. Labor to remove, and replace where possible, mercury=
6 9 added switches. Labor shall be reimbursed at a rate of four
6 10 dollars per mercury=added switch removed.
6 11 b. Training.
6 12 c. Packaging in which to transport mercury=added switches
6 13 to recycling, storage, or disposal facilities.
6 14 d. Shipping of mercury=added switches to recycling,
6 15 storage, or disposal facilities.
6 16 e. Recycling, storage, or disposal of the mercury=added
6 17 switches.
6 18 f. Public education materials and presentations.
6 19 g. Maintenance of all appropriate systems and procedures
6 20 to protect the environment from mercury contamination.
6 21 4. The department shall do all of the following:
6 22 a. Within thirty days of receipt of a manufacturer's plan,
6 23 issue public notice and solicit public comment on the
6 24 manufacturer's plan.
6 25 b. Within ninety days after receipt of a manufacturer's
6 26 plan, the department shall do one of the following:
6 27 (1) Determine whether the plan complies with this section.
6 28 If the entire plan complies with this section, the department
6 29 shall approve the plan and the manufacturer shall begin
6 30 implementation as soon as is practicable. If the entire plan
6 31 does not comply with this section, the department shall reject
6 32 the plan and inform the manufacturer of the reasons for the
6 33 rejection. A manufacturer that has had a plan rejected shall
6 34 have thirty days after receiving notice of the rejection to
6 35 submit a new plan.
7 1 (2) If any part of the plan meets the requirements of this
7 2 section, the department shall approve that part of the plan
7 3 and disapprove any part of the plan that does not comply with
7 4 this section. The manufacturer shall immediately implement
7 5 all approved parts of a plan as soon as is practicable and
7 6 shall submit a revised plan addressing the rejected parts of
7 7 the plan within thirty days after receipt of notification of
7 8 the department's partial rejection. The department shall
7 9 review a manufacturer's revised plan within thirty days of
7 10 receipt of the revised plan.
7 11 c. Two hundred forty days after the date of enactment of
7 12 this Act, the department shall complete, on behalf of a
7 13 manufacturer, any portion of the plan that has not been
7 14 approved and the manufacturer shall implement the plan as soon
7 15 as is practicable.
7 16 d. The department shall review a manufacturer's plan three
7 17 years after the original date of approval of the plan and
7 18 every three years thereafter. The department shall require
7 19 modifications to the plan as appropriate at the conclusion of
7 20 the review.
7 21 Sec. 5. NEW SECTION. 455B.804 PROHIBITION AND PROPER
7 22 MANAGEMENT OF MERCURY=ADDED VEHICLE COMPONENTS.
7 23 1. Prior to delivery to a scrap recycling facility, a
7 24 person who sells, gives, or otherwise conveys ownership of an
7 25 end=of=life vehicle to the scrap recycling facility for
7 26 recycling shall remove all mercury=added switches from such
7 27 end=of=life vehicle unless the mercury=added switch is
7 28 inaccessible due to significant damage to the end=of=life
7 29 vehicle in the area where the mercury=added switch is located.
7 30 2. Notwithstanding subsection 1, a scrap recycling
7 31 facility may agree to accept an end=of=life vehicle, which has
7 32 not been intentionally flattened, crushed, or baled, with
7 33 mercury=added switches. If a scrap recycling facility enters
7 34 into such an agreement, the scrap recycling facility shall be
7 35 responsible for removing such switches.
8 1 3. A person shall not represent that mercury=added
8 2 switches have been removed from a vehicle or vehicle hulk
8 3 being sold, given, or otherwise conveyed for recycling if that
8 4 person has not removed such mercury=added switches or arranged
8 5 with another person to remove such switches.
8 6 Sec. 6. NEW SECTION. 455B.805 PHASEOUT OF MERCURY=ADDED
8 7 VEHICLE COMPONENTS AND EXEMPTIONS.
8 8 1. After June 30, 2008, to prevent emissions or other
8 9 releases of mercury from vehicles, a manufacturer shall ensure
8 10 that a mercury=added component shall not be included as part
8 11 of a new vehicle manufactured by the manufacturer and offered
8 12 for sale in this state except as specified in subsection 2.
8 13 2. All of the following components shall be exempt from
8 14 subsection 1 under the specified conditions:
8 15 a. Electronic display screens, including but not limited
8 16 to navigation systems, computer screens, and entertainment
8 17 systems where mercury is present at concentrations of less
8 18 than twenty milligrams per screen, provided that both of the
8 19 following criteria are met:
8 20 (1) A technically and economically feasible alternative
8 21 does not exist that does not contain mercury.
8 22 (2) By January 1, 2007, the manufacturer has established a
8 23 closed loop recycling system that encourages vehicle recyclers
8 24 to routinely transport such components to dealerships or other
8 25 designated places of business.
8 26 b. Until January 1, 2012, mercury=added headlamps,
8 27 including but not limited to high=intensity discharge lamps,
8 28 for any manufacturer that demonstrates as of January 1, 2008,
8 29 that at least fifty percent of that manufacturer's vehicles
8 30 with high=intensity discharge lamps for sale in this state do
8 31 not contain mercury.
8 32 c. A mercury=added component in a vehicle that is
8 33 necessary in order to comply with federal or state health or
8 34 safety requirements, or for purposes of national security,
8 35 upon demonstration by the manufacturer that a technically
9 1 feasible alternative does not exist that does not contain
9 2 mercury, and that such component will substantially improve
9 3 public health and safety considering any impacts the component
9 4 may have on overall public safety on the roads, and the life=
9 5 cycle impacts of the mercury use.
9 6 3. Effective two years after the effective date of this
9 7 Act, a mercury=added component shall not be offered for sale
9 8 for use in a vehicle after the vehicle's initial sale, except
9 9 service replacement parts may be sold if either of the
9 10 following requirements are satisfied:
9 11 a. In the case of electronic display screens, mercury is
9 12 present at concentrations of less than twenty milligrams per
9 13 component and the manufacturer has established a closed loop
9 14 recycling system for the screens.
9 15 b. In all other cases, mercury is present at
9 16 concentrations of less than ten milligrams per component.
9 17 4. A manufacturer must apply, or reapply, to the
9 18 department for an exemption under subsection 2 or 3.
9 19 a. An application for an exemption must be in writing, in
9 20 a form acceptable to the department, stating the need for an
9 21 exemption and the legal basis for an exemption. Subject to
9 22 the issuance of public notice and solicitation of public
9 23 comment, the department shall, within ninety days of receiving
9 24 the application, accept or reject the application for an
9 25 exemption. Specific documentation in the application must
9 26 include the quantity of mercury in the component and all of
9 27 following, as applicable:
9 28 (1) In the case of electronic display screens, whether
9 29 original equipment or a service replacement part,
9 30 documentation that a technically and economically feasible
9 31 alternative is not available that does not contain mercury,
9 32 and a description of how the manufacturer will establish and
9 33 maintain a closed loop recycling system.
9 34 (2) In the case of mercury=added headlamps, the estimated
9 35 number of vehicles that will be produced with such component,
10 1 as well as the manufacturer's plans to meet the phaseout
10 2 requirements specified in subsection 2, paragraph "b".
10 3 (3) In the case of components necessary to meet health and
10 4 safety requirements, or for national security, documentation
10 5 that a technically feasible alternative that does not contain
10 6 mercury is not available, and the impact of such components on
10 7 public health and safety considering any impacts the
10 8 components may have on overall public safety on the roads, and
10 9 the life=cycle impacts of the mercury use.
10 10 (4) In the case of service replacement parts,
10 11 documentation that the part is identical to an original
10 12 equipment part and used exclusively in the repair or service
10 13 of original equipment components.
10 14 b. An exemption granted under this subsection by the
10 15 department shall be valid for a period of two years except
10 16 where the provisions of subsection 2, paragraph "b", specify a
10 17 different time period. An exemption granted under this
10 18 subsection shall be renewable for periods not to exceed four
10 19 years, as determined by the department.
10 20 c. If granted an exemption, any vehicle that may contain a
10 21 mercury=added component shall be labeled by the manufacturer
10 22 in a manner to clearly inform purchasers and dismantlers that
10 23 mercury is present in the vehicle, and that the component may
10 24 not be disposed of or placed in a waste stream destined for
10 25 disposal until the mercury is removed or reused, recovered, or
10 26 properly disposed of as a hazardous waste or otherwise managed
10 27 to ensure that the mercury does not become mixed with other
10 28 solid waste. The label shall identify the component with
10 29 sufficient detail so that it may be readily located for
10 30 removal. The label shall be placed on the doorpost of each
10 31 vehicle that may contain a mercury=added component and be
10 32 constructed of materials that are sufficiently durable to
10 33 remain legible for the useful life of the vehicle.
10 34 5. Manufacturers, when designing vehicles and their
10 35 components for sale in this state, shall do all of the
11 1 following:
11 2 a. To the maximum extent practicable, reduce or eliminate
11 3 hazardous substances like mercury from the manufacturer's
11 4 vehicles.
11 5 b. Ensure that the manufacturer's vehicles are designed to
11 6 be recycled in a safe, cost=effective, and environmentally
11 7 sound manner, using existing technologies and infrastructures.
11 8 c. Where a vehicle is found to present environmental risks
11 9 that make it uneconomical to recycle, the manufacturer shall
11 10 make appropriate design or manufacturing changes.
11 11 Sec. 7. NEW SECTION. 455B.806 GENERAL COMPLIANCE WITH
11 12 OTHER PROVISIONS.
11 13 Except as expressly provided in this division, compliance
11 14 with this division shall not exempt a person from compliance
11 15 with any other law.
11 16 Sec. 8. NEW SECTION. 455B.807 REGULATIONS.
11 17 The commission shall adopt rules pursuant to chapter 17A as
11 18 necessary to implement the provisions of this division.
11 19 Sec. 9. NEW SECTION. 455B.808 PUBLIC NOTIFICATION AND
11 20 COMMENT.
11 21 1. The department shall issue public notice and solicit
11 22 public comment on both of the following:
11 23 a. The removal, replacement, collection, and recovery
11 24 plans submitted by a manufacturer submitted pursuant to
11 25 section 455B.803.
11 26 b. An application or reapplication for an exemption from
11 27 the phaseout provisions of section 455B.805.
11 28 2. A notification and solicitation of public comment shall
11 29 be issued within thirty days of receiving a plan or an
11 30 application or reapplication for an exemption from the
11 31 manufacturer. The department shall give the general public
11 32 adequate time to comment on the proposals.
11 33 3. Public comments received within the ninety=day review
11 34 period of these provisions shall be considered by the
11 35 department when making its decision to accept or reject either
12 1 a plan or an application or reapplication for an exemption.
12 2 Sec. 10. NEW SECTION. 455B.809 REPORTING.
12 3 One year after the implementation of a removal,
12 4 replacement, collection, and recovery system, and annually
12 5 thereafter, a manufacturer subject to section 455B.803 shall
12 6 report to the department concerning the performance under the
12 7 manufacturer's plan. The report shall include, but not be
12 8 limited to, all of the following:
12 9 1. A detailed description and documentation of the capture
12 10 rate achieved.
12 11 2. A plan to implement additional or alternative actions,
12 12 if necessary to improve the capture rate.
12 13 3. A listing of the public educational initiatives
12 14 implemented, including size of audience reached.
12 15 4. Any changes in the participation of the necessary
12 16 parties for the plan to be effectively implemented.
12 17 Sec. 11. NEW SECTION. 455B.810 PUBLIC EDUCATION AND
12 18 OUTREACH.
12 19 1. A manufacturer shall implement a comprehensive
12 20 education and outreach program for the general public and the
12 21 parties willingly participating in the manufacturer's removal,
12 22 replacement, collection, recovery, and disposal system
12 23 established under this division. The education and outreach
12 24 program shall focus on the hazards related to, and the proper
12 25 handling of, mercury; the requirements and obligations of
12 26 individuals, manufacturers, and agencies under this division;
12 27 and the details of the system established under this division.
12 28 2. In collaboration with manufacturers, the department
12 29 shall supplement this education and outreach program with an
12 30 assistance program for businesses that might participate in
12 31 the removal, replacement, collection, recovery, and disposal
12 32 system established under this division.
12 33 3. Willingly participating parties in a removal,
12 34 replacement, collection, recovery, and disposal system shall
12 35 implement a public education and outreach program focused on
13 1 their participation in the system.
13 2 Sec. 12. NEW SECTION. 455B.811 STATE PROCUREMENT.
13 3 Notwithstanding other policies and guidelines for the
13 4 procurement of vehicles, the state shall, within one year of
13 5 the effective date of this Act, revise its policies, rules,
13 6 and procedures to give priority and preference to the purchase
13 7 of vehicles free of mercury=added components taking into
13 8 consideration competition, price, availability, and
13 9 performance.
13 10 Sec. 13. NEW SECTION. 455B.812 UNIVERSAL WASTE.
13 11 The department shall adopt rules pursuant to chapter 17A
13 12 governing universal hazardous waste, as defined by the federal
13 13 environmental protection agency, as appropriate to promote the
13 14 collection, transport, recovery, and proper management of
13 15 mercury=added vehicle components.
13 16 EXPLANATION
13 17 This bill relates to the removal, replacement, collection,
13 18 and recovery of mercury=added vehicle components.
13 19 The bill provides that, within 90 days of the effective
13 20 date of the bill, each manufacturer of vehicles sold in this
13 21 state shall, individually or as part of a group, submit to the
13 22 department of natural resources, for review and approval, a
13 23 plan for a system to remove, replace, collect, and recover
13 24 mercury=added switches in vehicles. The bill provides that,
13 25 upon approval, a manufacturer shall implement the system. The
13 26 bill provides that the system developed and implemented shall
13 27 include, at a minimum, an education program, a plan for
13 28 implementing and financing the system, documentation of the
13 29 willingness of all necessary parties to implement the proposed
13 30 system, information identifying the make, model, and year of
13 31 vehicles containing mercury=added switches, a description of
13 32 the components, the location of these components, and the
13 33 safe, cost=effective, and environmentally sound methods for
13 34 the removal of the mercury=added switches from vehicles in
13 35 commerce and end=of=life vehicles, a target mercury=added
14 1 switch capture rate of at least 90 percent, a description of
14 2 the performance measures to be utilized and reported on by the
14 3 manufacturer, a description of additional or alternative
14 4 actions that shall be implemented by the manufacturer to
14 5 improve the system and its operation, and a plan to store the
14 6 mercury collected and recovered from vehicle components in the
14 7 event that environmentally appropriate management technologies
14 8 are not available.
14 9 The bill provides that the total cost of the removal,
14 10 replacement, collection, and recovery system for mercury=added
14 11 switches shall be paid by the manufacturer.
14 12 The bill provides that the department shall, within 30 days
14 13 of receipt of a manufacturer's plan, issue public notice and
14 14 solicit public comment on the manufacturer's plan. The bill
14 15 provides that within 90 days after receipt of a manufacturer's
14 16 plan, the department shall either approve the entire plan,
14 17 reject the entire plan and inform the manufacturer of the
14 18 reasons for the rejection, or approve a portion of the plan.
14 19 If an entire plan is rejected, a manufacturer shall have 30
14 20 days after receiving notice of the rejection to submit a new
14 21 plan. If part of a plan is approved, the manufacturer shall
14 22 implement all approved parts of a plan as soon as is
14 23 practicable and submit a revised plan addressing the rejected
14 24 parts of the plan within 30 days after receipt of notification
14 25 of the department's partial rejection. The bill requires the
14 26 department to review a manufacturer's revised plan within 30
14 27 days of receipt of the revised plan. The bill provides that
14 28 240 days after the date of enactment of the bill, the
14 29 department shall complete, on behalf of a manufacturer, any
14 30 portion of the plan that has not been approved and the
14 31 manufacturer shall implement the plan as soon as is
14 32 practicable.
14 33 The bill provides that the department shall review a
14 34 manufacturer's plan three years after the original date of
14 35 approval of the plan and every three years thereafter. The
15 1 bill requires the department to modify a plan as appropriate
15 2 at the conclusion of the review.
15 3 The bill requires, prior to delivery to a scrap recycling
15 4 facility, a person who sells, gives, or otherwise conveys
15 5 ownership of an end=of=life vehicle to the scrap recycling
15 6 facility for recycling to remove all mercury=added switches
15 7 from such end=of=life vehicle unless the mercury=added
15 8 component is inaccessible due to significant damage to the
15 9 end=of=life vehicle in the area where the mercury=added
15 10 component is located, unless the scrap recycling facility
15 11 agrees to accept responsibility for removing the mercury=
15 12 added switches.
15 13 The bill provides that, after June 30, 2008, to prevent
15 14 emissions or other releases of mercury from vehicles, a
15 15 manufacturer shall ensure that a mercury=added component shall
15 16 not be included as part of a new vehicle offered for sale in
15 17 this state except as allowed under certain exemptions. The
15 18 bill provides that effective two years after the effective
15 19 date of the bill, a mercury=added component shall not be
15 20 offered for sale for use in vehicles after their initial sale,
15 21 except service replacement parts may be sold under limited
15 22 conditions. The bill provides a process for a manufacturer to
15 23 follow to receive an exemption. The bill also provides
15 24 requirements for manufacturers in designing vehicles and their
15 25 components for sale in this state in regard to the use of
15 26 mercury.
15 27 The bill provides that, except as expressly provided in the
15 28 bill, compliance with this bill shall not exempt a person from
15 29 compliance with any other law.
15 30 The bill requires the environmental protection commission
15 31 to adopt rules.
15 32 The bill provides procedures for the department in issuing
15 33 public notice and soliciting public comment for the removal,
15 34 replacement, collection, and recovery plans submitted by a
15 35 vehicle manufacturer and for an application or reapplication
16 1 for an exemption from the phaseout provisions.
16 2 The bill requires that, one year after the implementation
16 3 of a removal, replacement, collection, and recovery system,
16 4 and annually thereafter, a manufacturer implementing such a
16 5 system shall report to the department concerning the
16 6 performance under the manufacturer's plan.
16 7 The bill requires a manufacturer to implement a
16 8 comprehensive education and outreach program for the general
16 9 public and the parties willingly participating in the removal,
16 10 replacement, collection, recovery, and disposal system. The
16 11 bill provides that, in collaboration with automobile
16 12 manufacturers, the department shall supplement this education
16 13 and outreach program with an assistance program for businesses
16 14 that might participate in the removal, replacement,
16 15 collection, recovery, and disposal system. The bill provides
16 16 that willingly participating parties in a removal,
16 17 replacement, collection, recovery, and disposal system shall
16 18 implement a public education and outreach program focused on
16 19 their participation in the system.
16 20 The bill provides that, notwithstanding other policies and
16 21 guidelines for the procurement of vehicles, the state shall,
16 22 within one year of the effective date of the bill, revise its
16 23 policies, rules, and procedures to give priority and
16 24 preference to the purchase of vehicles free of mercury=added
16 25 components taking into consideration competition, price,
16 26 availability, and performance.
16 27 The bill requires the department to adopt rules governing
16 28 universal hazardous waste as appropriate to promote the
16 29 collection, transport, recovery, and proper management of
16 30 mercury=added vehicle components.
16 31 LSB 5137YH 81
16 32 tm:nh/gg/14