House File 2542 - Introduced HOUSE FILE BY COMMITTEE ON ENVIRONMENTAL PROTECTION (SUCCESSOR TO HSB 722) 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 6478HV 81 5 tm/gg/14 PAG LIN 1 1 Section 1. LEGISLATIVE FINDINGS AND PURPOSES. 1 2 1. The general assembly finds all of the following: 1 3 a. That switches containing mercury have been used for 1 4 convenience lighting in vehicles sold in Iowa. 1 5 b. That mercury from vehicle light switches may be 1 6 released into the environment when end=of=life vehicles are 1 7 flattened, crushed, shredded, melted, or otherwise processed 1 8 for recycling. 1 9 c. That removing mercury=added switches from end=of=life 1 10 vehicles is an effective method to prevent mercury from being 1 11 released into the environment. 1 12 d. That it is in the public interest of the residents of 1 13 this state to reduce the quantity of mercury entering the 1 14 environment by removing mercury=added switches from end=of= 1 15 life vehicles. 1 16 2. The general assembly declares that the purpose of this 1 17 Act is to reduce the quantity of mercury in the environment by 1 18 doing all of the following: 1 19 a. Removing mercury=added switches from end=of=life 1 20 vehicles in Iowa. 1 21 b. Creating a collection, recovery, and incentive program 1 22 for mercury=added switches removed from vehicles in Iowa. 1 23 Sec. 2. NEW SECTION. 455B.801 SHORT TITLE. 1 24 This division shall be known and may be cited as the 1 25 "Mercury=Free Recycling Act". 1 26 Sec. 3. NEW SECTION. 455B.802 DEFINITIONS. 1 27 As used in this division, unless the context otherwise 1 28 requires: 1 29 1. "Capture rate" means the amount of mercury removed, 1 30 collected, and recovered from end=of=life vehicles, expressed 1 31 as a percentage of the mercury available from mercury=added 1 32 switches in end=of=life vehicles annually. 1 33 2. "End=of=life vehicle" means any vehicle which is sold, 1 34 given, or otherwise conveyed to a vehicle recycler or scrap 1 35 recycling facility for the purpose of recycling and that does 2 1 not exceed ten thousand pounds gross vehicle weight. 2 2 3. "Manufacturer" means any person that is the last person 2 3 to produce or assemble a new vehicle that utilizes mercury= 2 4 added switches, or in the case of an imported vehicle, the 2 5 importer or domestic distributor of such vehicle. 2 6 "Manufacturer" does not include a person that has never 2 7 utilized a mercury=added switch in the production or assembly 2 8 of a new vehicle. 2 9 4. "Mercury=added switch" means a light switch that 2 10 contains mercury which was installed by a manufacturer in a 2 11 motor vehicle. 2 12 5. "Scrap recycling facility" means a fixed location where 2 13 machinery and equipment are utilized for processing and 2 14 manufacturing scrap metal into prepared grades and whose 2 15 principal product is scrap iron, scrap steel, or nonferrous 2 16 metallic scrap for sale for remelting purposes. 2 17 6. "Vehicle recycler" means any person engaged in the 2 18 business of acquiring, dismantling, or destroying six or more 2 19 vehicles in a calendar year for the primary purpose of resale 2 20 of the vehicles' parts. 2 21 Sec. 4. NEW SECTION. 455B.803 PLANS FOR REMOVAL, 2 22 COLLECTION, AND RECOVERY OF VEHICLE MERCURY=ADDED SWITCHES. 2 23 1. Within ninety days of the effective date of this Act, 2 24 each manufacturer of vehicles sold in this state shall, 2 25 individually or as part of a group, develop and publish a plan 2 26 for a system to remove, collect, and recover mercury=added 2 27 switches from end=of=life vehicles that were manufactured by 2 28 the manufacturer. Publication shall be in accordance with 2 29 section 455B.807, subsection 2. 2 30 2. a. The manufacturer shall implement a system to 2 31 remove, collect, and recover mercury=added switches from end= 2 32 of=life vehicles within ninety days of publication of the 2 33 plan. 2 34 b. The system developed and implemented pursuant to this 2 35 section shall provide, at a minimum, all of the following: 3 1 (1) Educational materials about the program to inform the 3 2 public and other stakeholders about the purpose of the 3 3 collection program and how to participate in the program. 3 4 (2) A method for implementing, operating, maintaining, and 3 5 monitoring the system, in accordance with subsection 3. This 3 6 may include the use of third=party contractors that are 3 7 qualified and fully insured to perform these tasks. 3 8 (3) Information about mercury=added switches identifying 3 9 all of the following: 3 10 (a) The make, model, and year of vehicles potentially 3 11 containing mercury=added switches. 3 12 (b) A description of the mercury=added switches. 3 13 (c) The location of the mercury=added switches. 3 14 (d) The safe, cost=effective, and environmentally sound 3 15 methods for the removal of the mercury=added switches from 3 16 end=of=life vehicles. 3 17 (4) A method to arrange and pay for the transportation of 3 18 the collected mercury=added switches to permitted facilities. 3 19 (5) A method to arrange and pay for the recycling of the 3 20 mercury=added switches. 3 21 (6) A method to track participation and publish the 3 22 progress of the mercury=added switch collection in accordance 3 23 with section 455B.807, subsection 2. 3 24 (7) A database of participating vehicle recyclers, 3 25 including all of the following: 3 26 (a) Documentation that the vehicle recycler joined the 3 27 program. 3 28 (b) Records of all submissions by a vehicle recycler of 3 29 any information required pursuant to subparagraph (6). 3 30 (c) Confirmation that the vehicle recycler has submitted 3 31 switches at least every twelve months since joining the 3 32 program. 3 33 (8) A target mercury=added switch capture rate for 3 34 vehicles manufactured by the manufacturer of ninety percent. 3 35 A description of additional or alternative actions that shall 4 1 be implemented by the manufacturer to improve the system and 4 2 its operation in the event that the target capture rate is not 4 3 met shall be published with the required tracking information 4 4 no less than annually. 4 5 (9) The program shall not include inaccessible mercury= 4 6 added switches from end=of=life vehicles with significant 4 7 damage to the vehicle in the area surrounding the mercury= 4 8 added switch location. All accessible mercury=added switches 4 9 are expected to be collected under the provisions of this 4 10 division. 4 11 c. In developing a removal, collection, and recovery 4 12 system for end=of=life vehicles, a manufacturer shall, to the 4 13 extent practicable, utilize the existing end=of=life vehicle 4 14 recycling infrastructure. 4 15 d. If the commission determines that the manufacturer's 4 16 plan for a system to remove, collect, and recover mercury= 4 17 added switches from end=of=life vehicles does not comply with 4 18 this section, the commission may require the manufacturer to 4 19 make any necessary modification to the plan. 4 20 e. On July 1, 2020, the commission shall cease enforcement 4 21 of the removal, collection, and recovery plans under this 4 22 section. On or before July 1, 2020, the commission shall 4 23 review the mercury=added switch removal, collection, and 4 24 recovery portion of this division and submit a recommendation 4 25 to the general assembly regarding the necessity of continuing 4 26 the enforcement of the removal, collection, and recovery plans 4 27 under this section. 4 28 3. The total cost of the removal, collection, and recovery 4 29 system for mercury=added switches shall be paid by the 4 30 manufacturer. Costs shall include but not be limited to all 4 31 of the following: 4 32 a. Labor to remove mercury=added switches. Labor shall be 4 33 reimbursed at a minimum rate of four dollars per mercury= 4 34 added switch removed, or if the vehicle identification number 4 35 of the source vehicle is required for reimbursement, at a 5 1 minimum rate of five dollars. 5 2 b. Training. 5 3 c. Packaging in which to transport mercury=added switches 5 4 to recycling, storage, or disposal facilities. 5 5 d. Shipping of mercury=added switches to recycling, 5 6 storage, or disposal facilities. 5 7 e. Recycling, storage, or disposal of the mercury=added 5 8 switches. 5 9 f. Public education materials and presentations. 5 10 g. Maintenance of all appropriate systems and procedures 5 11 to protect the environment from mercury contamination from 5 12 collected mercury=added switches. 5 13 4. A vehicle recycler that performs as required under a 5 14 removal, collection, and recovery plan shall be afforded the 5 15 protections provided in section 613.18. 5 16 Sec. 5. NEW SECTION. 455B.804 PROHIBITION AND PROPER 5 17 MANAGEMENT OF MERCURY=ADDED VEHICLE SWITCHES. 5 18 1. Prior to delivery to a scrap recycling facility, a 5 19 person who sells, gives, or otherwise conveys ownership of an 5 20 end=of=life vehicle to the scrap recycling facility for 5 21 recycling shall remove all mercury=added switches from such 5 22 end=of=life vehicle unless the mercury=added switch is 5 23 inaccessible due to significant damage to the end=of=life 5 24 vehicle in the area where the mercury=added switch is located. 5 25 2. A person shall not represent that mercury=added 5 26 switches have been removed from a vehicle or vehicle hulk 5 27 being sold, given, or otherwise conveyed for recycling if that 5 28 person has not removed such mercury=added switches or arranged 5 29 with another person to remove such switches. 5 30 Sec. 6. NEW SECTION. 455B.805 GENERAL COMPLIANCE WITH 5 31 OTHER PROVISIONS. 5 32 Except as expressly provided in this division, compliance 5 33 with this division shall not exempt a person from compliance 5 34 with any other law. 5 35 Sec. 7. NEW SECTION. 455B.806 REGULATIONS. 6 1 The commission shall adopt rules pursuant to chapter 17A as 6 2 necessary to implement the provisions of this division. 6 3 Sec. 8. NEW SECTION. 455B.807 PUBLIC NOTIFICATION. 6 4 1. The department shall make available to the general 6 5 public in an electronic format the plan of a manufacturer for 6 6 a system to remove, collect, and recover mercury=added 6 7 switches from end=of=life vehicles and any report required 6 8 under section 455B.808. 6 9 2. Publication of all required plans, information, 6 10 reports, and educational materials under this division shall 6 11 be through no less than two types of media available to the 6 12 general public. One medium must be available twenty=four 6 13 hours per day, seven days per week, and maintained with 6 14 current information. Acceptable types of media include but 6 15 are not limited to internet websites, periodicals, journals, 6 16 and other publicly available media in the state. 6 17 Sec. 9. NEW SECTION. 455B.808 REPORTING. 6 18 One year after the implementation of a removal, collection, 6 19 and recovery system, and annually thereafter, a manufacturer 6 20 subject to section 455B.803 shall report to the department 6 21 concerning the performance under the manufacturer's plan. The 6 22 report shall include statistical information received under 6 23 section 455B.803. The report shall also include but not be 6 24 limited to all of the following: 6 25 1. The number of mercury=added switches collected. 6 26 2. An estimate of the amount of mercury contained in the 6 27 collected switches. 6 28 3. The capture rate as defined in section 455B.802. 6 29 4. The estimated number of vehicles manufactured by the 6 30 manufacturer containing mercury=added switches. 6 31 5. The estimated number of vehicles manufactured by the 6 32 manufacturer that have been processed for recycling by vehicle 6 33 recyclers. 6 34 Sec. 10. NEW SECTION. 455B.809 STATE PROCUREMENT. 6 35 Notwithstanding other policies and guidelines for the 7 1 procurement of vehicles, the state shall, within one year of 7 2 the effective date of this Act, revise its policies, rules, 7 3 and procedures to give priority and preference to the purchase 7 4 of vehicles free of mercury=added components taking into 7 5 consideration competition, price, availability, and 7 6 performance. 7 7 EXPLANATION 7 8 This bill relates to the removal, collection, and recovery 7 9 of mercury=added vehicle switches. 7 10 The bill provides that within 90 days of the effective date 7 11 of the bill, each manufacturer of vehicles sold in this state 7 12 shall, individually, or as part of a group, develop and 7 13 publish a plan for a system to remove, collect, and recover 7 14 mercury=added switches from end=of=life vehicles that were 7 15 manufactured by the manufacturer. The bill provides that a 7 16 manufacturer shall implement the system within ninety days of 7 17 publication of the plan. The system shall include, at a 7 18 minimum, educational materials; a method for implementing, 7 19 operating, maintaining, and monitoring the system, including 7 20 the possible use of third=party contractors; information about 7 21 the manufacturer's vehicles containing mercury=added switches 7 22 and the location, description, and methods for removal of the 7 23 switches; methods for transportation of mercury=added switches 7 24 to permitted facilities, for recycling of the switches, and 7 25 for payment of the related costs; a method for tracking 7 26 participation and for publishing information about the 7 27 progress of the mercury=added switch collection; and a 7 28 database of participating recyclers. The manufacturer's 7 29 system shall include publication of a description of actions 7 30 to be taken in the event the target capture rate of 90 percent 7 31 is not met. The bill specifies that the program shall not 7 32 include inaccessible mercury=added switches from end=of=life 7 33 vehicles with significant damage in the area of the vehicle 7 34 surrounding the switch location. Otherwise, all accessible 7 35 mercury=added switches are expected to be recovered. 8 1 The bill provides that, on July 1, 2020, the environmental 8 2 protection commission shall cease enforcement of the removal, 8 3 collection, and recovery portion of the bill. On or before 8 4 July 1, 2020, the commission is required to review the 8 5 removal, collection, and recovery provisions of the bill and 8 6 submit a recommendation to the general assembly regarding the 8 7 necessity of continuing the enforcement of such provisions. 8 8 The bill provides that the total cost of the removal, 8 9 collection, and recovery system for mercury=added switches 8 10 shall be borne by the manufacturer. The bill requires that 8 11 labor to remove mercury=added switches shall be reimbursed at 8 12 a minimum rate of $4 per mercury=added switch, or $5 per 8 13 switch if the vehicle identification number is required for 8 14 reimbursement. 8 15 The bill requires a person who sells, gives, or otherwise 8 16 conveys ownership of an end=of=life vehicle to the scrap 8 17 recycling facility for recycling to remove all mercury=added 8 18 switches from such end=of=life vehicle prior to delivery of 8 19 the vehicle to a scrap recycling facility unless the mercury= 8 20 added switch is inaccessible due to significant damage to the 8 21 end=of=life vehicle in the area where the mercury=added switch 8 22 is located. 8 23 The bill provides that, except as expressly provided in the 8 24 bill, compliance with this bill shall not exempt a person from 8 25 compliance with any other law. 8 26 The bill requires the environmental protection commission 8 27 to adopt rules. 8 28 The bill provides for public notification of the 8 29 manufacturers' plan or plans for a system to remove, collect, 8 30 and recover mercury=added switches from an end=of=life vehicle 8 31 in an electronic format and by publication of all related 8 32 plans, information, reports, and educational materials in at 8 33 least two different types of media. 8 34 The bill requires that one year after the implementation of 8 35 a removal, collection, and recovery system, and annually 9 1 thereafter, a manufacturer implementing such a system shall 9 2 report to the department concerning the performance under the 9 3 manufacturer's plan. 9 4 The bill provides that, notwithstanding other policies and 9 5 guidelines for the procurement of vehicles, the state shall, 9 6 within one year of the effective date of the bill, revise its 9 7 policies, rules, and procedures to give priority and 9 8 preference to the purchase of vehicles free of mercury=added 9 9 components taking into consideration competition, price, 9 10 availability, and performance. 9 11 LSB 6478HV 81 9 12 tm:nh/gg/14