Bill Text: NY A00862 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires motor vehicle manufacturers to establish programs for the collection and recycling of mercury-added components from their vehicles when such vehicles are scrapped or recycled.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A00862 Detail]
Download: New_York-2011-A00862-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
862
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. COLTON, ENGLEBRIGHT, SPANO -- Multi-Sponsored by
-- M. of A. DINOWITZ, PAULIN -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
recovery of mercury-added components from end-of-life vehicle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The title heading of title 21 of article 27 of the environ-
2 mental conservation law, as added by chapter 145 of the laws of 2004, is
3 amended to read as follows:
4 MERCURY-ADDED CONSUMER
5 PRODUCTS AND MERCURY-ADDED
6 MOTOR VEHICLE COMPONENTS
7 S 2. Subdivision 29 of section 27-2101 of the environmental conserva-
8 tion law, as added by chapter 611 of the laws of 2006, is amended and
9 five new subdivisions 30, 31, 32, 33 and 34 are added to read as
10 follows:
11 29. "Mercury-added component" means a motor vehicle component that
12 contains [greater than fifteen milligrams of] mercury, which was inten-
13 tionally added to such vehicle in order to provide a specific character-
14 istic, appearance or quality, to perform a specific function, or for any
15 other purpose. Such components shall include, but not be limited to,
16 switches, sensors, lights and navigational systems.
17 30. "CAPTURE RATE" MEANS THE REMOVAL, COLLECTION AND RECOVERY, AS A
18 PERCENTAGE OF THE TOTAL MERCURY ANNUALLY AVAILABLE FROM MOTOR VEHICLES
19 IN COMMERCE AND END-OF-LIFE VEHICLES.
20 31. "END-OF-LIFE VEHICLE" MEANS ANY MOTOR VEHICLE SOLD, GIVEN OR
21 OTHERWISE CONVEYED TO A VEHICLE RECYCLER OR SCRAP RECYCLING FACILITY FOR
22 THE PURPOSE OF RECYCLING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04980-01-1
A. 862 2
1 32. "MOTOR VEHICLE MERCURY-ADDED SWITCH" MEANS A LIGHT SWITCH OR AN
2 ANTI-LOCK BRAKING SYSTEM SWITCH THAT CONTAINS MERCURY AND WAS INSTALLED
3 BY THE MANUFACTURER IN A MOTOR VEHICLE.
4 33. "SCRAP RECYCLING FACILITY" MEANS A FIXED LOCATION, WHERE MACHINERY
5 AND EQUIPMENT ARE USED FOR PROCESSING AND MANUFACTURING SCRAP METAL INTO
6 PREPARED GRADES OF METAL AND THE PRINCIPAL PRODUCT OF WHICH IS SCRAP
7 IRON, SCRAP STEEL OR NONFERROUS METAL SCRAP FOR SALE FOR REMELTING
8 PURPOSES.
9 34. "VEHICLE RECYCLER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE BUSI-
10 NESS OF ACQUIRING, DISMANTLING OR DESTROYING SIX OR MORE MOTOR VEHICLES
11 DURING ANY CALENDAR YEAR FOR THE PRIMARY PURPOSE OF RESELLING THE PARTS
12 OF SUCH VEHICLES.
13 S 3. The environmental conservation law is amended by adding a new
14 section 27-2119 to read as follows:
15 S 27-2119. REMOVAL, COLLECTION AND RECOVERY OF MOTOR VEHICLE MERCURY-AD-
16 DED SWITCHES.
17 1. MANUFACTURER'S RESPONSIBILITIES. (A) MANUFACTURERS OF MOTOR VEHI-
18 CLES SOLD AT RETAIL IN THIS STATE THAT CONTAIN MOTOR VEHICLE MERCURY-AD-
19 DED SWITCHES SHALL, INDIVIDUALLY OR COLLECTIVELY, ESTABLISH AND IMPLE-
20 MENT A COLLECTION PROGRAM FOR SUCH SWITCHES TO ACHIEVE A CAPTURE RATE OF
21 NOT LESS THAN FIFTY PERCENT FOR CALENDAR YEAR TWO THOUSAND TWELVE AND
22 NOT LESS THAN SEVENTY PERCENT FOR CALENDAR YEAR TWO THOUSAND THIRTEEN
23 AND EACH CALENDAR YEAR THEREAFTER THROUGH CALENDAR YEAR TWO THOUSAND
24 TWENTY-THREE.
25 (B) WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EVERY
26 MANUFACTURER OF MOTOR VEHICLES SOLD AT RETAIL IN THIS STATE SHALL SUBMIT
27 TO THE DEPARTMENT FOR REVIEW AND APPROVAL, A PLAN TO REMOVE, COLLECT AND
28 RECOVER MOTOR VEHICLE MERCURY-ADDED SWITCHES FROM END-OF-LIFE VEHICLES.
29 SUCH REMOVAL, COLLECTION AND RECOVERY SYSTEM SHALL INCLUDE, AT A MINI-
30 MUM, THE FOLLOWING:
31 (I) AN EDUCATION PROGRAM TO INFORM THE PUBLIC ABOUT THE PURPOSES OF
32 SUCH SYSTEM AND HOW TO PARTICIPATE IN IT;
33 (II) A PLAN FOR IMPLEMENTING AND FINANCING SUCH SYSTEM PURSUANT TO
34 THIS SUBDIVISION;
35 (III) DOCUMENTATION OF THE WILLINGNESS OF ALL NECESSARY PARTIES TO
36 IMPLEMENT A PROPOSED SYSTEM;
37 (IV) INFORMATION IDENTIFYING THE MAKE, MODELS AND YEARS OF MOTOR VEHI-
38 CLES EQUIPPED WITH MOTOR VEHICLE MERCURY-ADDED SWITCHES, A DESCRIPTION
39 OF THE MERCURY-ADDED COMPONENTS IN SUCH MOTOR VEHICLES, THE LOCATIONS OF
40 SUCH COMPONENTS, AND THE SAFE, COST-EFFECTIVE AND ENVIRONMENTALLY SOUND
41 METHODS OF REMOVAL OF SUCH COMPONENTS;
42 (V) A DESCRIPTION OF THE PERFORMANCE MEASURES TO BE UTILIZED AND
43 REPORTED UPON BY THE MANUFACTURER TO DEMONSTRATE THAT SUCH SYSTEM IS
44 MEETING THE CAPTURE RATE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
45 AND OTHER MEASURES OF THE EFFECTIVENESS OF SUCH SYSTEM INCLUDING, BUT
46 NOT LIMITED TO, THE NUMBER OF MOTOR VEHICLE MERCURY-ADDED SWITCHES
47 COLLECTED FROM END-OF-LIFE VEHICLES, THE AMOUNT OF MERCURY COLLECTED,
48 THE NUMBER OF MOTOR VEHICLES EQUIPPED WITH MOTOR VEHICLE MERCURY-ADDED
49 SWITCHES, AND THE NUMBER OF MOTOR VEHICLES PROCESSED FOR RECYCLING;
50 (VI) A DESCRIPTION OF ADDITIONAL OR ALTERNATIVE ACTIONS TO BE IMPLE-
51 MENTED TO IMPROVE SUCH SYSTEM AND ITS OPERATION IN THE EVENT THE CAPTURE
52 RATE ESTABLISHED BY THIS SUBDIVISION IS NOT MET; AND
53 (VII) A PLAN TO STORE THE MERCURY COLLECTED AND RECOVERED FROM MERCU-
54 RY-ADDED COMPONENTS IN THE EVENT THAT ENVIRONMENTALLY APPROPRIATE
55 MANAGEMENT TECHNOLOGIES ARE NOT AVAILABLE.
A. 862 3
1 (C) IN DEVELOPING A MERCURY COMPONENT REMOVAL, COLLECTION AND RECOVERY
2 SYSTEM, MANUFACTURERS SHALL, TO THE EXTENT PRACTICABLE, UTILIZE ITS
3 FRANCHISED MOTOR VEHICLE DEALERS, SERVICE STATIONS, INSPECTION STATIONS,
4 REPAIR SHOPS AND OTHER FACILITIES WHICH REGULARLY SERVICE MOTOR VEHI-
5 CLES. IN THE EVENT THAT A MANUFACTURER DOES NOT UTILIZE SUCH RESOURCES,
6 IT SHALL INCLUDE IN ITS PLAN THE REASONS FOR ESTABLISHING SEPARATE
7 REMOVAL, COLLECTION AND RECOVERY RESOURCES.
8 (D) IN DEVELOPING A RECOVERY SYSTEM FOR END-OF-LIFE VEHICLES, MANUFAC-
9 TURERS SHALL, TO THE EXTENT PRACTICABLE, UTILIZE EXISTING END-OF-LIFE
10 VEHICLE RECYCLING FACILITIES. IN THE EVENT THAT A MANUFACTURER DOES NOT
11 UTILIZE SUCH FACILITIES, IT SHALL INCLUDE IN ITS PLAN THE REASONS FOR
12 ESTABLISHING SEPARATE REMOVAL, COLLECTION AND RECOVERY FACILITIES.
13 (E) MANUFACTURERS SHALL BEAR THE TOTAL COST OF THE REMOVAL, COLLECTION
14 AND RECOVERY SYSTEM FOR MOTOR VEHICLE MERCURY-ADDED SWITCHES. SUCH
15 COSTS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
16 (I) TWO DOLLARS FOR EACH MOTOR VEHICLE MERCURY-ADDED SWITCH REMOVED BY
17 A VEHICLE RECYCLER, AS PARTIAL COMPENSATION FOR LABOR AND OTHER COSTS;
18 (II) TWENTY-FIVE CENTS FOR EACH MOTOR VEHICLE MERCURY-ADDED SWITCH
19 REMOVED AS PARTIAL COMPENSATION TO THE DEPARTMENT FOR ADMINISTRATION AND
20 ENFORCEMENT;
21 (III) PACKAGING IN WHICH TO TRANSPORT MOTOR VEHICLE MERCURY-ADDED
22 SWITCHES TO RECYCLING, STORAGE OR DISPOSAL FACILITIES;
23 (IV) SHIPPING OF MOTOR VEHICLE MERCURY-ADDED SWITCHES TO RECYCLING,
24 STORAGE OR DISPOSAL FACILITIES;
25 (V) RECYCLING, STORAGE OR DISPOSAL OF MOTOR VEHICLE MERCURY-ADDED
26 SWITCHES;
27 (VI) PUBLIC EDUCATION MATERIALS AND PRESENTATIONS; AND
28 (VII) MAINTENANCE OF ALL APPROPRIATE SYSTEMS AND PROCEDURES TO PROTECT
29 THE ENVIRONMENT FROM MERCURY CONTAMINATION.
30 (F) MANUFACTURERS SHALL ANNUALLY SUBMIT A DETAILED REPORT TO THE
31 DEPARTMENT ON THE IMPLEMENTATION OF THEIR PLANS. SUCH REPORT SHALL
32 INCLUDE:
33 (I) A DETAILED DESCRIPTION AND DOCUMENTATION OF THE CAPTURE RATE
34 ACHIEVED;
35 (II) A PLAN TO IMPLEMENT ADDITIONAL OR ALTERNATIVE ACTIONS, IF NECES-
36 SARY, TO IMPROVE THE CAPTURE RATE;
37 (III) A LISTING OF THE PUBLIC EDUCATIONAL INITIATIVES IMPLEMENTED
38 PURSUANT TO THIS SECTION; AND
39 (IV) ANY CHANGES IN THE PARTICIPATION OF THE NECESSARY PARTIES FOR THE
40 PLAN TO BE EFFECTIVELY IMPLEMENTED.
41 2. DEPARTMENT RESPONSIBILITIES. (A) WITHIN NINETY DAYS OF THE RECEIPT
42 OF A MANUFACTURER'S PLAN, THE DEPARTMENT SHALL DETERMINE WHETHER THE
43 ENTIRE PLAN COMPLIES WITH THE PROVISIONS OF THIS SECTION, AND APPROVE,
44 DISAPPROVE OR CONDITIONALLY APPROVE THE PLAN.
45 (I) IF SUCH PLAN IS APPROVED, THE MANUFACTURER SHALL BEGIN IMPLEMENTA-
46 TION OF THE PLAN WITHIN THIRTY DAYS OF RECEIPT OF THE APPROVAL FROM THE
47 DEPARTMENT.
48 (II) IF SUCH PLAN IS DISAPPROVED, THE DEPARTMENT SHALL INFORM THE
49 MANUFACTURER AS TO THE REASONS THE PLAN WAS DISAPPROVED. THE MANUFACTUR-
50 ER SHALL SUBMIT A REVISED PLAN WITHIN THIRTY DAYS OF RECEIPT OF A NOTICE
51 OF DISAPPROVAL.
52 (III) IF THE PLAN IS CONDITIONALLY APPROVED, THE DEPARTMENT SHALL
53 INFORM THE MANUFACTURER AS TO THE REASONS THE PLAN WAS CONDITIONALLY
54 APPROVED. THE MANUFACTURER SHALL BE RESPONSIBLE FOR IMPLEMENTING THOSE
55 PORTIONS OF THE PLAN WHICH ARE APPROVED WITHIN THIRTY DAYS OF RECEIPT OF
56 THE DEPARTMENT'S NOTICE. THE MANUFACTURER SHALL BE RESPONSIBLE FOR
A. 862 4
1 SUBMITTING A REVISED PLAN WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE OF
2 CONDITIONAL APPROVAL.
3 (IV) IF AT THE END OF ONE HUNDRED TWENTY DAYS, THE MANUFACTURER'S PLAN
4 HAS NOT BEEN APPROVED, THE MANUFACTURER SHALL IMPLEMENT THOSE PORTIONS
5 OF THE PLAN THAT HAVE BEEN APPROVED. THE DEPARTMENT SHALL IMPLEMENT
6 THOSE PORTIONS OF THE PLAN THAT HAVE BEEN DISAPPROVED.
7 (B) THE DEPARTMENT SHALL REVIEW EACH MANUFACTURER'S PLAN AT LEAST ONCE
8 EVERY THREE YEARS, AND REQUIRE ANY SUCH MODIFICATIONS THERETO AS SHALL
9 BE NECESSARY.
10 3. PROPER MANAGEMENT OF MERCURY-ADDED COMPONENTS. (A) EVERY VEHICLE
11 RECYCLER WHO SELLS, GIVES OR OTHERWISE TRANSFERS POSSESSION OF
12 END-OF-LIFE VEHICLES TO A SCRAP RECYCLING FACILITY FOR RECYCLING SHALL
13 REMOVE ALL MOTOR VEHICLE MERCURY-ADDED SWITCHES FROM SUCH VEHICLE PRIOR
14 TO DELIVERY TO SUCH FACILITY.
15 (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
16 A SCRAP RECYCLING FACILITY MAY AGREE TO ACCEPT POSSESSION OF AN END-OF-
17 LIFE VEHICLE, WHICH HAS NOT INTENTIONALLY BEEN FLATTENED, CRUSHED OR
18 BALED, AND WHICH IS EQUIPPED WITH MOTOR VEHICLE MERCURY-ADDED SWITCHES.
19 EVERY SCRAP RECYCLING FACILITY TAKING POSSESSION OF SUCH A VEHICLE SHALL
20 BE RESPONSIBLE FOR REMOVING ALL MOTOR VEHICLE MERCURY-ADDED SWITCHES
21 THEREFROM.
22 (C) NO PERSON SHALL REPRESENT THAT MOTOR VEHICLE MERCURY-ADDED SWITCH-
23 ES HAVE BEEN REMOVED FROM AN END-OF-LIFE VEHICLE SOLD, GIVEN OR OTHER-
24 WISE CONVEYED FOR RECYCLING WHEN SUCH PERSON KNOWS OR HAS REASON TO KNOW
25 THAT SUCH SWITCHES HAVE NOT BEEN REMOVED.
26 S 4. This act shall take effect on the first of January next succeed-
27 ing the date on which it shall have become a law; provided that effec-
28 tive immediately any rules, regulations and actions necessary to imple-
29 ment the provisions of this act on its effective date are authorized to
30 be commenced and completed prior to such date.
