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