Rep. Karen May

Filed: 3/16/2005





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2     AMENDMENT NO. ______. Amend House Bill 1628 by replacing
3 everything after the enacting clause with the following:
4     "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 60,000 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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1     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     exists because many parts and other items have resale
30     value, but that such facilities have limited ability to
31     pass on the costs of removing mercury switches because the
32     switches have no resale value. Monetary incentives are
33     therefore needed to ensure significant recycling of
34     mercury switches.



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1         (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.
5     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 vehicles in commerce and end-of-life vehicles in
8 Illinois; (ii) creating a collection and recovery program for
9 mercury switches removed from vehicles in Illinois; (iii)
10 establishing a system to store the mercury collected and
11 recovered from vehicle components in the event that
12 environmentally appropriate management technologies are not
13 available; and (iv) designing future vehicles for maximum
14 environmental protection and recyclability at the end of their
15 useful lives by implementing a design for recycling that
16 includes phasing out the use of mercury in future vehicle
17 models.
18     Section 15. Definitions. For the purposes of this Act:
19     "Agency" means the Illinois Environmental Protection
20 Agency.
21     "Mercury-added component" means a component that contains
22 mercury that was intentionally added to a vehicle in order to
23 provide a specific characteristic, appearance, or quality, to
24 perform a specific function, or for any other reason. Such
25 components may include, but are not limited to, switches,
26 sensors, lights, and navigational systems.
27     "Manufacturer" means any person, firm, association,
28 partnership, corporation, governmental entity, organization,
29 combination, or joint venture that is the last person to
30 produce or assemble a new vehicle that uses mercury-added
31 components or, in the case of an imported vehicle, the importer
32 or domestic distributor of such vehicle.



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1     "Mercury-added switch" means a light switch or an ABS brake
2 system switch installed by an automotive manufacturer in a
3 motor vehicle.
4     "Scrap recycling facility" means a fixed location where
5 machinery and equipment are used for processing and
6 manufacturing scrap metal into prepared grades and whose
7 principal product is scrap iron, scrap steel, or nonferrous
8 metallic scrap that is for sale for remelting purposes.
9     "Vehicle recycler" means any individual or entity engaged
10 in the business of acquiring, dismantling, or destroying 6 or
11 more vehicles in a calendar year for the primary purpose of
12 resale of the parts.
13     "Vehicle in commerce" means any vehicle offered for sale by
14 a dealer or registered in Illinois to be operated on public
15 roads and highways.
16     "End-of-life vehicle" means any vehicle that is sold,
17 given, or otherwise conveyed to a vehicle recycler or scrap
18 recycling facility for the purpose of recycling.
19     "Capture rate" means removal, collection, and recovery as a
20 percentage of the total mercury available from vehicles in
21 commerce and end-of-life vehicles annually.
22     "Manufacturer-dealer warranty program" means an
23 arrangement between a manufacturer and its franchisee, whereby
24 the manufacturer agrees to reimburse the franchisee at
25 established rates for labor or parts necessary to repair a
26 vehicle pursuant to the manufacturer's original equipment
27 warranty to the original purchaser of the vehicle.
28     "Voluntary incentivized recycling program" means a
29 recycling program for the collection of mercury-added
30 components that provides compensation for the removal and
31 collection of these components from end-of-life vehicles. The
32 program shall provide a minimum compensation of $3 for each
33 mercury switch and $15 for each ABS brake system switch
34 removed.



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1     Section 20. Removal, replacement, collection, and
2 recovery.
3     (a) Within 180 days after the effective date of this Act,
4 every manufacturer of vehicles sold in Illinois shall,
5 individually or as part of a group, submit to the Agency for
6 review and approval a plan to remove, collect, and recover
7 mercury switches either in commerce or end-of-life.
8     (b) Vehicle manufacturers shall either (i) develop,
9 implement, and fund a system to remove, replace (where
10 possible), collect, and recover mercury switches from vehicles
11 in commerce, or (ii) develop and implement a voluntary
12 incentivized recycling program, as defined in Section 15, to
13 remove collect and recover mercury switches from end-of-life
14 vehicles. For vehicles in commerce, the system shall provide
15 for the removal, collection, and recovery of mercury switches
16 and shall replace them with mercury-free alternatives. For
17 end-of-life vehicles, the system shall also provide for the
18 removal, collection, and recovery of mercury switches. The
19 removal, replacement (where possible), collection, and
20 recovery system shall for vehicles in commerce, or in the
21 removal, collection, and recovery system for end-of-life
22 vehicles, include, at a minimum, the following:
23         (1) an education program to inform the public and other
24     stakeholders about the purposes of the collection program
25     and how to participate in it;
26         (2) a plan for implementing and financing the system,
27     in accordance with Section 25 of this Act;
28         (3) documentation of the willingness of all necessary
29     parties to implement the proposed system;
30         (4) information identifying the make, model, and year
31     of vehicles containing mercury switches, a description of
32     the component, the location of the component, and a safe,
33     cost-effective, and environmentally sound method for their



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1     removal from vehicles in commerce and from end-of-life
2     vehicles;
3         (5) a mercury switch capture rate of at least 90%,
4     which is consistent with the principle that mercury
5     switches shall be recovered unless the part is inaccessible
6     due to significant damage to the vehicle in the area
7     surrounding the location of the mercury switch;
8         (6) a description of the performance measurers to be
9     used and reported upon by the manufacturer to demonstrate
10     that the system is meeting the capture rate identified in
11     paragraph (5) of this subsection (b) and other measures of
12     program effectiveness, including, but not limited to, the
13     number of switches collected from both end-of-life
14     vehicles and vehicles in commerce, the amount of mercury
15     collected, the number of vehicles containing mercury
16     switches, and the number of vehicles processed for
17     recycling;
18         (7) a description of additional or alternative actions
19     that shall be implemented to improve the system and its
20     operation in the event that the program targets established
21     under paragraph (5) of this subsection (b) are not met; and
22         (8) a plan to store the mercury collected and recovered
23     from vehicle components in the event that environmentally
24     appropriate management technologies are not available.
25     (c) In developing a removal, replacement, collection, and
26 recovery system for vehicles in commerce, manufacturers shall,
27 to the extent practicable, use existing dealerships, service
28 stations, inspection stations, repair shops, and other
29 facilities that regularly service vehicles in commerce.
30     (d) In developing a removal, collection, and recovery
31 program for end-of-life vehicles manufacturers shall, to the
32 extent practicable, use the existing recycling infrastructure
33 available for end-of-life vehicles including, but not limited
34 to, vehicle recyclers and scarp metal recyclers.



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1     Section 30. Plan approval.
2     (a) Within 30 days after receipt of a manufacturer's plan,
3 the Agency shall issue public notice and solicit public comment
4 on the manufacturer's plan.
5     (b) Within 90 days after receipt of a manufacturer's plan,
6 the Agency shall do either of the following:
7         (1) Determine whether the entire plan complies with
8     this Section. If the entire plan is approved, the
9     manufacturer shall begin implementation as soon as
10     practicable. If the entire plan is rejected, the Agency
11     shall inform the manufacturer as to the reasons for the
12     rejection. The manufacturer shall have 30 days thereafter
13     to submit a new plan.
14         (2) Determine whether any part of the plan meets the
15     requirements of this Section and approve such compliant
16     parts and disapprove such others that do not comply with
17     the requirements of this Section. The manufacturer shall
18     immediately implement the approved parts and submit a
19     revised plan respecting the remaining parts within 30 days
20     after receipt of notification of the Agency's disapproval.
21     The Agency shall review a manufacturer's revised plan
22     within 30 days after receipt.
23     (c) Two hundred and forty days after the effective date of
24 this Act, the Agency shall complete, on behalf of a
25 manufacturer, any portion of the plan that has not been
26 approved.
27     (d) The Agency shall review the plan 3 years after the
28 original date of approval of the plan and every 3 years
29 thereafter, and shall require modifications to the plan as
30 appropriate.
31     Section 55. General compliance with other provisions.
32 Except as expressly provided in this Act, compliance with this



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1 Act shall not exempt a person from compliance with any other
2 law.
3     Section 60. Rulemaking. The Agency may adopt rules
4 concerning this Act.
5     Section 65. Public notification; comment period. The
6 Agency shall issue public notice and solicit public comment on
7 (i) the removal, replacement, collection, and recovery plans
8 submitted by vehicle manufacturers pursuant to Section 20 of
9 this Act and (ii) the applications and reapplications for
10 exemptions submitted under Section 45 of this Act. This
11 notification and solicitation shall be issued within 30 days
12 after receiving a plan or an application from the manufacturer,
13 in order to give the public adequate time to comment on the
14 proposals.
15     Public comments received within the 90-day review period of
16 this Act shall be considered by the Agency when making a
17 decision to accept or reject either the plan or the application
18 for exemption.
19     Section 70. Reporting. One year after the implementation of
20 the removal, replacement, collection, and recovery system, and
21 annually thereafter, a manufacturer subject to Section 20 of
22 this Act shall report to the Agency concerning the performance
23 of the manufacturer's plan. The report shall include, but not
24 be limited to, the following:
25         (1) a detailed description and documentation of the
26     capture rate achieved;
27         (2) a plan to implement additional or alternative
28     actions, if necessary, to improve the capture rate;
29         (3) a listing of the public educational initiative
30     implemented, including the size of the audience reached;
31     and



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1         (4) any changes in the participation of the necessary
2     parties for the plan to be effectively implemented.
3     Section 75. Civil enforcement. Any person violating any
4 provision of this Act or rule thereunder shall be liable and
5 subject to a civil penalty of not more than $10,000 for the
6 violation and an additional civil penalty of not more than
7 $1,000 for each day during which the violation continues.
8     Section 80. Criminal enforcement. It shall be a Class A
9 misdemeanor to violate this Act or rules thereunder, or any
10 terms or conditions thereof, or to knowingly submit any false
11 information under this Act.
12     Section 85. Universal waste. The Agency shall modify its
13 rules governing universal hazardous waste as appropriate to
14 promote the collection, transport, recovery, and proper
15 management of mercury-added vehicle components.
16     Section 90. Public education and outreach.
17     (a) Automobile manufacturers shall implement a
18 comprehensive education and outreach program for the general
19 public and parties willingly participating in the removal,
20 replacement (where appropriate), recovery, and disposal system
21 established under this Act. This education and outreach program
22 shall focus on the hazards related to and proper handling of
23 mercury, including, but not limited to, the requirements and
24 obligations of individuals, manufacturers, and the Agency and
25 details of the system established under this Act.
26     (b) In collaboration with automobile manufacturers, the
27 Agency shall supplement this education and outreach program
28 with an assistance program for businesses that might
29 participate in the collection, replacement (where
30 appropriate), recovery, and disposal system established under



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1 the Act.
2     (c) Willingly participating parties shall implement a
3 public education and outreach program focused on their
4 participation in the collection, replacement (where
5 applicable), recovery, and disposal system established under
6 this Act.
7     Section 95. Government procurement. Notwithstanding any
8 other policies and guidelines for the procurement of vehicles,
9 the Agency shall, within one year after the effective date of
10 this Act, revise its policies, rules, and procedures to give
11 priority and preference to the purchase of mercury-free
12 vehicles, taking into consideration competition, price,
13 availability, and performance.".