House File 2466 - Introduced
HOUSE FILE
BY REICHERT
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act to require manufacturers' systems for the removal,
2 collection, and recovery of mercury=added vehicle switches.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5806HH 81
5 dea/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. That switches containing mercury have been used for
1 22 convenience lighting in vehicles sold in Iowa. There is
1 23 estimated to be between one hundred fifty and two hundred tons
1 24 of mercury contained in the vehicles currently on the road in
1 25 North America.
1 26 f. That mercury from vehicle light switches may be
1 27 released into the environment when end=of=life vehicles are
1 28 flattened, crushed, shredded, melted, or otherwise processed
1 29 for recycling. Pollution prevention is the preferred strategy
1 30 to reduce mercury in the environment and is a more desirable
1 31 strategy than waste management and pollution control.
1 32 Preventing mercury or mercury=containing components from
1 33 entering thermal combustion units is an effective way to
1 34 reduce mercury emissions into the environment.
1 35 g. That it is in the public interest of the residents of
2 1 this state to reduce the quantity of mercury entering the
2 2 environment by establishing a mechanism and incentives to
2 3 remove mercury switches from end=of=life vehicles. Vehicle
2 4 mercury switch collection programs are being established
2 5 across the United States to protect human health and the
2 6 environment.
2 7 2. The general assembly declares that the purpose of this
2 8 Act is to reduce the quantity of mercury in the environment by
2 9 doing all of the following:
2 10 a. Removing mercury switches from end=of=life vehicles in
2 11 Iowa.
2 12 b. Creating a collection, recovery, and incentive program
2 13 for mercury switches removed from vehicles in Iowa.
2 14 c. Establishing a system to store the mercury collected
2 15 and recovered from vehicle components in the event that
2 16 environmentally appropriate management technologies are not
2 17 available.
2 18 d. Promoting the design of future vehicles for
2 19 environmental protection and recyclability at the end of their
2 20 useful lives by implementing a design for a recycling program
2 21 which includes phasing out the use of mercury where other
2 22 equally effective alternatives are available for future
2 23 vehicle models.
2 24 Sec. 2. NEW SECTION. 455B.801 SHORT TITLE.
2 25 This division shall be known and may be cited as the
2 26 "Mercury=Free Vehicle Act".
2 27 Sec. 3. NEW SECTION. 455B.802 DEFINITIONS.
2 28 As used in this division, unless the context otherwise
2 29 requires:
2 30 1. "Capture rate" means the amount of mercury removed,
2 31 collected, and recovered from end=of=life vehicles, expressed
2 32 as a percentage of the total mercury available from end=of=
2 33 life vehicles annually.
2 34 2. "End=of=life vehicle" means any vehicle which is sold,
2 35 given, or otherwise conveyed to a vehicle recycler or scrap
3 1 recycling facility for the purpose of recycling and that does
3 2 not exceed ten thousand pounds gross vehicle weight.
3 3 3. "Manufacturer" means any person that is the last person
3 4 to produce or assemble a new vehicle that utilizes mercury=
3 5 added components, or in the case of an imported vehicle, the
3 6 importer or domestic distributor of such vehicle.
3 7 4. "Mercury=added component" means a component that
3 8 contains mercury which was intentionally added in order to
3 9 provide a specific characteristic, appearance, or quality or
3 10 to perform a specific function, or for any other reason. Such
3 11 components may include, but are not limited to, switches,
3 12 sensors, lights, and navigational systems used in vehicles.
3 13 5. "Mercury=added switch" means a light switch that
3 14 contains mercury which was installed by an automotive
3 15 manufacturer in a motor vehicle.
3 16 6. "Scrap recycling facility" means a fixed location where
3 17 machinery and equipment are utilized for processing and
3 18 manufacturing scrap metal into prepared grades and whose
3 19 principal product is scrap iron, scrap steel, or nonferrous
3 20 metallic scrap for sale for remelting purposes.
3 21 7. "Vehicle recycler" means any person engaged in the
3 22 business of acquiring, dismantling, or destroying six or more
3 23 vehicles in a calendar year for the primary purpose of resale
3 24 of the vehicles' parts.
3 25 Sec. 4. NEW SECTION. 455B.803 PLANS FOR REMOVAL,
3 26 COLLECTION, AND RECOVERY OF VEHICLE MERCURY SWITCHES.
3 27 1. Within ninety days of the effective date of this Act,
3 28 each manufacturer of vehicles sold in this state shall,
3 29 individually or as part of a group, develop and publish a plan
3 30 for a system to remove, collect, and recover mercury=added
3 31 switches from end=of=life vehicles that were manufactured by
3 32 the manufacturer. Publication shall be in accordance with
3 33 section 455B.808, subsection 2.
3 34 2. a. Upon publication of the plan, the manufacturer
3 35 shall immediately implement a system to remove, collect, and
4 1 recover mercury=added switches from end=of=life vehicles.
4 2 b. The system developed and implemented pursuant to this
4 3 section shall provide, at a minimum, all of the following:
4 4 (1) Educational materials about the program to inform the
4 5 public and other stakeholders about the purpose of the
4 6 collection program and how to participate in the program.
4 7 (2) A method for implementing, operating, maintaining, and
4 8 monitoring the system, in accordance with subsection 3. This
4 9 may include the use of third=party contractors that are
4 10 qualified and fully insured to perform these tasks.
4 11 (3) Information about mercury=added switches identifying
4 12 all of the following:
4 13 (a) The make, model, and year of vehicles potentially
4 14 containing mercury=added switches.
4 15 (b) A description of the mercury=added switches.
4 16 (c) The location of the mercury=added switches.
4 17 (d) The safe, cost=effective, and environmentally sound
4 18 methods for the removal of the mercury=added switches from
4 19 end=of=life vehicles.
4 20 (4) A method to arrange and pay for the transportation of
4 21 the collected mercury=added switches to permitted facilities.
4 22 (5) A method to arrange and pay for the recycling of the
4 23 mercury=added switches.
4 24 (6) A method to track participation and publish the
4 25 progress of the mercury=added switch collection in accordance
4 26 with section 455B.808, subsection 2. The information required
4 27 by this subparagraph shall include at a minimum the following:
4 28 (a) The number of mercury=added switches collected.
4 29 (b) An estimate of the amount of mercury contained in the
4 30 collected switches.
4 31 (c) The capture rate.
4 32 (d) The estimated number of vehicles manufactured by the
4 33 manufacturer containing mercury=added switches.
4 34 (e) The estimated number of vehicles manufactured by the
4 35 manufacturer that have been processed for recycling by vehicle
5 1 recyclers.
5 2 (7) A database of participating vehicle recyclers,
5 3 including the following:
5 4 (a) Documentation that the vehicle recycler joined the
5 5 program.
5 6 (b) Records of all submissions by the vehicle recycler of
5 7 information required pursuant to subparagraph (6).
5 8 (c) Confirmation that the vehicle recycler has submitted
5 9 switches at least every twelve months since joining the
5 10 program.
5 11 (8) A target mercury=added switch capture rate for
5 12 vehicles manufactured by the manufacturer of ninety percent.
5 13 A description of additional or alternative actions that shall
5 14 be implemented by the manufacturer to improve the system and
5 15 its operation in the event that the target capture rate is not
5 16 met shall be published with the required tracking information
5 17 no less than annually.
5 18 (9) The program shall not include inaccessible mercury=
5 19 added switches from end=of=life vehicles with significant
5 20 damage to the vehicle in the area surrounding the mercury=
5 21 added switch location. All accessible mercury=added switches
5 22 are expected to be collected under the provisions of this
5 23 division.
5 24 (10) A method for storing the mercury collected and
5 25 recovered from mercury=added switches in the event that
5 26 environmentally appropriate management technologies are not
5 27 available.
5 28 c. In developing a removal, collection, and recovery
5 29 system for end=of=life vehicles, a manufacturer shall, to the
5 30 extent practicable, utilize the existing end=of=life vehicle
5 31 recycling infrastructure. If a manufacturer does not utilize
5 32 such infrastructure, the manufacturer shall include in its
5 33 plan the reasons for establishing a separate removal,
5 34 collection, and recovery infrastructure.
5 35 3. The total cost of the removal, collection, and recovery
6 1 system for mercury=added switches shall be paid by the
6 2 manufacturer. Costs shall include, but not be limited to, all
6 3 of the following:
6 4 a. Labor to remove mercury=added switches. Labor shall be
6 5 reimbursed at a minimum rate of five dollars per mercury=
6 6 added switch removed, or if the vehicle identification number
6 7 of the source vehicle is required for reimbursement, at a
6 8 minimum rate of six dollars.
6 9 b. Training.
6 10 c. Packaging in which to transport mercury=added switches
6 11 to recycling, storage, or disposal facilities.
6 12 d. Shipping of mercury=added switches to recycling,
6 13 storage, or disposal facilities.
6 14 e. Recycling, storage, or disposal of the mercury=added
6 15 switches.
6 16 f. Public education materials and presentations.
6 17 g. Maintenance of all appropriate systems and procedures
6 18 to protect the environment from mercury contamination from
6 19 collected mercury=added switches.
6 20 Sec. 5. NEW SECTION. 455B.804 PROHIBITION AND PROPER
6 21 MANAGEMENT OF MERCURY=ADDED VEHICLE SWITCHES.
6 22 1. Prior to delivery to a scrap recycling facility, a
6 23 person who sells, gives, or otherwise conveys ownership of an
6 24 end=of=life vehicle to the scrap recycling facility for
6 25 recycling shall remove all mercury=added switches from such
6 26 end=of=life vehicle unless the mercury=added switch is
6 27 inaccessible due to significant damage to the end=of=life
6 28 vehicle in the area where the mercury=added switch is located.
6 29 2. Notwithstanding subsection 1, a scrap recycling
6 30 facility may agree to accept an end=of=life vehicle, which has
6 31 not been intentionally flattened, crushed, or baled, with
6 32 mercury=added switches. If a scrap recycling facility enters
6 33 into such an agreement, the scrap recycling facility shall be
6 34 responsible for removing such switches.
6 35 3. A person shall not represent that mercury=added
7 1 switches have been removed from a vehicle or vehicle hulk
7 2 being sold, given, or otherwise conveyed for recycling if that
7 3 person has not removed such mercury=added switches or arranged
7 4 with another person to remove such switches.
7 5 Sec. 6. NEW SECTION. 455B.805 DESIGN FOR RECYCLING.
7 6 1. One year after the implementation of a mercury=added
7 7 switch collection plan and annually thereafter, a manufacturer
7 8 subject to this division shall report individually or as part
7 9 of a group to the commission concerning the steps being taken
7 10 by manufacturers to design vehicles and their components for
7 11 recycling. The report shall also be published in accordance
7 12 with section 455B.808, subsection 2. The report shall include
7 13 but need not be limited to the following:
7 14 a. A list of all vehicle components included in the
7 15 manufacturer's vehicles in each of the previous three model
7 16 years, the current model year, and the next upcoming model
7 17 year that contain mercury.
7 18 b. Design changes that each manufacturer has implemented
7 19 or is implementing to reduce or eliminate all sources of
7 20 mercury from its vehicles, the amount of any reductions, and
7 21 the year in which mercury will be eliminated from each of the
7 22 vehicle components.
7 23 c. Policies which each manufacturer has implemented to
7 24 ensure that its vehicles are designed to be recycled in a
7 25 safe, cost=effective, and environmentally sound manner using
7 26 existing technologies and infrastructures.
7 27 d. A listing of all:
7 28 (1) Complaints and reports that the manufacturer has
7 29 received within the last twelve months from vehicle recyclers,
7 30 scrap recycling facilities, government entities, or
7 31 organizations representing any of the persons.
7 32 (2) Other facts and circumstances which have made the
7 33 manufacturer aware that the manufacturer's vehicles contain
7 34 vehicle components or are designed in a way that presents
7 35 environmental risks which make it uneconomical to recycle the
8 1 vehicles or components.
8 2 e. The design or manufacturing changes that the
8 3 manufacturer has implemented or is implementing to reduce or
8 4 remove environmental risks associated with mercury and the
8 5 year in which design changes will eliminate the environmental
8 6 risk associated with mercury.
8 7 2. The commission may conduct hearings from time to time
8 8 as the director deems appropriate to evaluate the steps
8 9 manufacturers are taking to design for recycling, and to
8 10 recommend additional legislative action as may be appropriate
8 11 in order to promote vehicle recycling for the purpose of
8 12 preserving scarce resources and the safe and efficient
8 13 reduction of solid waste.
8 14 3. On or after July 1, 2020, the commission may review the
8 15 performance of mercury=added switch removal, collection, and
8 16 recovery systems and, in its discretion, notify the
8 17 manufacturers that operation of a mercury=switch removal,
8 18 collection, and recovery system or systems is no longer
8 19 required if, in the course of such review, it can be
8 20 objectively demonstrated that the mercury recovery goals of
8 21 this division have been met.
8 22 Sec. 7. NEW SECTION. 455B.806 GENERAL COMPLIANCE WITH
8 23 OTHER PROVISIONS.
8 24 Except as expressly provided in this division, compliance
8 25 with this division shall not exempt a person from compliance
8 26 with any other law.
8 27 Sec. 8. NEW SECTION. 455B.807 REGULATIONS.
8 28 The commission shall adopt rules pursuant to chapter 17A as
8 29 necessary to implement the provisions of this division.
8 30 Sec. 9. NEW SECTION. 455B.808 PUBLIC NOTIFICATION.
8 31 1. The department shall submit to the administrative code
8 32 editor for publication in the Iowa administrative bulletin
8 33 pursuant to chapter 17A the manufacturers' plan or plans for a
8 34 system to remove, collect, and recover mercury=added switches
8 35 from end=of=life vehicles.
9 1 2. Publication of all required plans, information,
9 2 reports, and educational materials under this division shall
9 3 be through no less than two types of media available to the
9 4 general public. One medium must be available twenty=four
9 5 hours per day, seven days per week, and maintained with
9 6 current information. Acceptable types of media include but
9 7 are not limited to internet websites, periodicals, journals,
9 8 and other publicly available media in the state.
9 9 Sec. 10. NEW SECTION. 455B.809 REPORTING.
9 10 One year after the implementation of a removal, collection,
9 11 and recovery system, and annually thereafter, a manufacturer
9 12 subject to section 455B.803 shall report to the department
9 13 concerning the performance under the manufacturer's plan. The
9 14 report shall be published in accordance with section 455B.808,
9 15 subsection 2. The report shall include, but not be limited
9 16 to, all of the following:
9 17 1. A detailed description and documentation of the capture
9 18 rate achieved.
9 19 2. A plan to implement additional or alternative actions,
9 20 if necessary to improve the capture rate.
9 21 3. A listing of the public educational initiatives
9 22 implemented, including size of audience reached.
9 23 4. Any changes in the participation of the necessary
9 24 parties for the plan to be effectively implemented.
9 25 Sec. 11. NEW SECTION. 455B.810 PUBLIC EDUCATION AND
9 26 OUTREACH.
9 27 A manufacturer shall implement a comprehensive education
9 28 and outreach program for the general public and the parties
9 29 willingly participating in the manufacturer's removal,
9 30 collection, and recovery system established under this
9 31 division. The education and outreach program shall focus on
9 32 the hazards related to, and the proper handling of, mercury;
9 33 the requirements and obligations of individuals,
9 34 manufacturers, and agencies under this division; and the
9 35 details of the system established under this division.
10 1 Sec. 12. NEW SECTION. 455B.811 STATE PROCUREMENT.
10 2 Notwithstanding other policies and guidelines for the
10 3 procurement of vehicles, the state shall, within one year of
10 4 the effective date of this Act, revise its policies, rules,
10 5 and procedures to give priority and preference to the purchase
10 6 of vehicles free of mercury=added components taking into
10 7 consideration competition, price, availability, and
10 8 performance.
10 9 EXPLANATION
10 10 This bill relates to the removal, collection, and recovery
10 11 of mercury=added vehicle components.
10 12 The bill provides that within 90 days of the effective date
10 13 of the bill, each manufacturer of vehicles sold in this state
10 14 shall, individually, or as part of a group, develop and
10 15 publish a plan for a system to remove, collect, and recover
10 16 mercury=added switches from end=of=life vehicles that were
10 17 manufactured by the manufacturer. Upon publication, the
10 18 manufacturer shall immediately implement the system. The
10 19 system shall include, at a minimum, educational materials; a
10 20 method for implementing, operating, maintaining, and
10 21 monitoring the system, including the possible use of third=
10 22 party contractors; information about the manufacturer's
10 23 vehicles containing mercury=added switches and the location,
10 24 description, and methods for removal of the switches; methods
10 25 for transportation of mercury=added switches to permitted
10 26 facilities, for recycling of the switches, and for payment of
10 27 the related costs; a method for tracking participation and for
10 28 publishing information about the progress of the mercury=added
10 29 switch collection; and a database of participating recyclers.
10 30 The manufacturer's system shall include publication of a
10 31 description of actions to be taken in the event the target
10 32 capture rate of 90 percent is not met. The bill specifies
10 33 that the program shall not include inaccessible mercury=added
10 34 switches from end=of=life vehicles with significant damage in
10 35 the area of the vehicle surrounding the switch location.
11 1 Otherwise, all accessible mercury added switches are expected
11 2 to be recovered. The system shall include a method for
11 3 storage of recovered mercury in the event that environmentally
11 4 appropriate management technologies are not available.
11 5 The bill provides that the total cost of the removal,
11 6 collection, and recovery system for mercury=added switches
11 7 shall be borne by the manufacturer. The bill requires that
11 8 labor to remove mercury=added switches shall be reimbursed at
11 9 a minimum rate of $5 per mercury=added switch, or $6 per
11 10 switch if the vehicle identification number is required for
11 11 reimbursement.
11 12 The bill requires a person who sells, gives, or otherwise
11 13 conveys ownership of an end=of=life vehicle to a scrap
11 14 recycling facility for recycling to remove all mercury=added
11 15 switches from such end=of=life vehicle prior to delivery of
11 16 the vehicle to the scrap recycling facility unless the
11 17 mercury=added switch is inaccessible due to significant damage
11 18 to the end=of=life vehicle in the area where the mercury=added
11 19 switch is located. However, the scrap recycling facility may
11 20 instead agree to accept responsibility for removing the
11 21 mercury=added switches.
11 22 The bill requires a manufacturer to report individually or
11 23 as part of a group on an annual basis to the environmental
11 24 protection commission concerning steps taken by manufacturers
11 25 to design vehicles and their components to facilitate
11 26 recycling. The bill provides that the commission may conduct
11 27 hearings as it deems appropriate to evaluate steps taken by
11 28 manufacturers and to recommend legislative action to promote
11 29 vehicle recycling.
11 30 The bill provides for a sunset process at the discretion of
11 31 the commission for the mercury=added switch removal,
11 32 collection, and recovery systems after a 14=year period.
11 33 The bill provides that, except as expressly provided in the
11 34 bill, compliance with this bill shall not exempt a person from
11 35 compliance with any other law.
12 1 The bill requires the environmental protection commission
12 2 to adopt rules.
12 3 The bill provides for public notification of the
12 4 manufacturers' plan or plans for a system to remove, collect,
12 5 and recover mercury=added switches from end=of=life vehicles
12 6 by publication in the Iowa administrative bulletin and by
12 7 publication of all related plans, information, reports, and
12 8 educational materials in at least two different types of
12 9 media.
12 10 The bill requires that, one year after the implementation
12 11 of a removal, collection, and recovery system, and annually
12 12 thereafter, a manufacturer implementing such a system shall
12 13 report to the department concerning the performance under the
12 14 manufacturer's plan.
12 15 The bill requires a manufacturer to implement a
12 16 comprehensive education and outreach program for the general
12 17 public and the parties willingly participating in the removal,
12 18 collection, recovery, and disposal system.
12 19 The bill provides that, notwithstanding other policies and
12 20 guidelines for the procurement of vehicles, the state shall,
12 21 within one year of the effective date of the bill, revise its
12 22 policies, rules, and procedures to give priority and
12 23 preference to the purchase of vehicles free of mercury=added
12 24 components taking into consideration competition, price,
12 25 availability, and performance.
12 26 LSB 5806HH 81
12 27 dea:nh/gg/14.1