Bill Text: NY A01659 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the environmental conservation law, in relation to the recovery of mercury-added components from end-of-life vehicle
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A01659 Detail]
Download: New_York-2009-A01659-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1659
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. COLTON, ENGLEBRIGHT -- Multi-Sponsored by -- M.
of A. DINOWITZ, KOON, 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01327-01-9
A. 1659 2
1 31. "END-OF-LIFE VEHICLE" MEANS ANY MOTOR VEHICLE SOLD, GIVEN OR
2 OTHERWISE CONVEYED TO A VEHICLE RECYCLER OR SCRAP RECYCLING FACILITY FOR
3 THE PURPOSE OF RECYCLING.
4 32. "MOTOR VEHICLE MERCURY-ADDED SWITCH" MEANS A LIGHT SWITCH OR AN
5 ANTI-LOCK BRAKING SYSTEM SWITCH THAT CONTAINS MERCURY AND WAS INSTALLED
6 BY THE MANUFACTURER IN A MOTOR VEHICLE.
7 33. "SCRAP RECYCLING FACILITY" MEANS A FIXED LOCATION, WHERE MACHINERY
8 AND EQUIPMENT ARE USED FOR PROCESSING AND MANUFACTURING SCRAP METAL INTO
9 PREPARED GRADES OF METAL AND THE PRINCIPAL PRODUCT OF WHICH IS SCRAP
10 IRON, SCRAP STEEL OR NONFERROUS METAL SCRAP FOR SALE FOR REMELTING
11 PURPOSES.
12 34. "VEHICLE RECYCLER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE BUSI-
13 NESS OF ACQUIRING, DISMANTLING OR DESTROYING SIX OR MORE MOTOR VEHICLES
14 DURING ANY CALENDAR YEAR FOR THE PRIMARY PURPOSE OF RESELLING THE PARTS
15 OF SUCH VEHICLES.
16 S 3. The environmental conservation law is amended by adding a new
17 section 27-2119 to read as follows:
18 S 27-2119. REMOVAL, COLLECTION AND RECOVERY OF MOTOR VEHICLE MERCURY-AD-
19 DED SWITCHES.
20 1. MANUFACTURER'S RESPONSIBILITIES. (A) MANUFACTURERS OF MOTOR VEHI-
21 CLES SOLD AT RETAIL IN THIS STATE THAT CONTAIN MOTOR VEHICLE MERCURY-AD-
22 DED SWITCHES SHALL, INDIVIDUALLY OR COLLECTIVELY, ESTABLISH AND IMPLE-
23 MENT A COLLECTION PROGRAM FOR SUCH SWITCHES TO ACHIEVE A CAPTURE RATE OF
24 NOT LESS THAN FIFTY PERCENT FOR CALENDAR YEAR TWO THOUSAND TEN AND NOT
25 LESS THAN SEVENTY PERCENT FOR CALENDAR YEAR TWO THOUSAND ELEVEN AND EACH
26 CALENDAR YEAR THEREAFTER THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-ONE.
27 (B) WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EVERY
28 MANUFACTURER OF MOTOR VEHICLES SOLD AT RETAIL IN THIS STATE SHALL SUBMIT
29 TO THE DEPARTMENT FOR REVIEW AND APPROVAL, A PLAN TO REMOVE, COLLECT AND
30 RECOVER MOTOR VEHICLE MERCURY-ADDED SWITCHES FROM END-OF-LIFE VEHICLES.
31 SUCH REMOVAL, COLLECTION AND RECOVERY SYSTEM SHALL INCLUDE, AT A MINI-
32 MUM, THE FOLLOWING:
33 (I) AN EDUCATION PROGRAM TO INFORM THE PUBLIC ABOUT THE PURPOSES OF
34 SUCH SYSTEM AND HOW TO PARTICIPATE IN IT;
35 (II) A PLAN FOR IMPLEMENTING AND FINANCING SUCH SYSTEM PURSUANT TO
36 THIS SUBDIVISION;
37 (III) DOCUMENTATION OF THE WILLINGNESS OF ALL NECESSARY PARTIES TO
38 IMPLEMENT A PROPOSED SYSTEM;
39 (IV) INFORMATION IDENTIFYING THE MAKE, MODELS AND YEARS OF MOTOR VEHI-
40 CLES EQUIPPED WITH MOTOR VEHICLE MERCURY-ADDED SWITCHES, A DESCRIPTION
41 OF THE MERCURY-ADDED COMPONENTS IN SUCH MOTOR VEHICLES, THE LOCATIONS OF
42 SUCH COMPONENTS, AND THE SAFE, COST-EFFECTIVE AND ENVIRONMENTALLY SOUND
43 METHODS OF REMOVAL OF SUCH COMPONENTS;
44 (V) A DESCRIPTION OF THE PERFORMANCE MEASURES TO BE UTILIZED AND
45 REPORTED UPON BY THE MANUFACTURER TO DEMONSTRATE THAT SUCH SYSTEM IS
46 MEETING THE CAPTURE RATE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
47 AND OTHER MEASURES OF THE EFFECTIVENESS OF SUCH SYSTEM INCLUDING, BUT
48 NOT LIMITED TO, THE NUMBER OF MOTOR VEHICLE MERCURY-ADDED SWITCHES
49 COLLECTED FROM END-OF-LIFE VEHICLES, THE AMOUNT OF MERCURY COLLECTED,
50 THE NUMBER OF MOTOR VEHICLES EQUIPPED WITH MOTOR VEHICLE MERCURY-ADDED
51 SWITCHES, AND THE NUMBER OF MOTOR VEHICLES PROCESSED FOR RECYCLING;
52 (VI) A DESCRIPTION OF ADDITIONAL OR ALTERNATIVE ACTIONS TO BE IMPLE-
53 MENTED TO IMPROVE SUCH SYSTEM AND ITS OPERATION IN THE EVENT THE CAPTURE
54 RATE ESTABLISHED BY THIS SUBDIVISION IS NOT MET; AND
A. 1659 3
1 (VII) A PLAN TO STORE THE MERCURY COLLECTED AND RECOVERED FROM MERCU-
2 RY-ADDED COMPONENTS IN THE EVENT THAT ENVIRONMENTALLY APPROPRIATE
3 MANAGEMENT TECHNOLOGIES ARE NOT AVAILABLE.
4 (C) IN DEVELOPING A MERCURY COMPONENT REMOVAL, COLLECTION AND RECOVERY
5 SYSTEM, MANUFACTURERS SHALL, TO THE EXTENT PRACTICABLE, UTILIZE ITS
6 FRANCHISED MOTOR VEHICLE DEALERS, SERVICE STATIONS, INSPECTION STATIONS,
7 REPAIR SHOPS AND OTHER FACILITIES WHICH REGULARLY SERVICE MOTOR VEHI-
8 CLES. IN THE EVENT THAT A MANUFACTURER DOES NOT UTILIZE SUCH RESOURCES,
9 IT SHALL INCLUDE IN ITS PLAN THE REASONS FOR ESTABLISHING SEPARATE
10 REMOVAL, COLLECTION AND RECOVERY RESOURCES.
11 (D) IN DEVELOPING A RECOVERY SYSTEM FOR END-OF-LIFE VEHICLES, MANUFAC-
12 TURERS SHALL, TO THE EXTENT PRACTICABLE, UTILIZE EXISTING END-OF-LIFE
13 VEHICLE RECYCLING FACILITIES. IN THE EVENT THAT A MANUFACTURER DOES NOT
14 UTILIZE SUCH FACILITIES, IT SHALL INCLUDE IN ITS PLAN THE REASONS FOR
15 ESTABLISHING SEPARATE REMOVAL, COLLECTION AND RECOVERY FACILITIES.
16 (E) MANUFACTURERS SHALL BEAR THE TOTAL COST OF THE REMOVAL, COLLECTION
17 AND RECOVERY SYSTEM FOR MOTOR VEHICLE MERCURY-ADDED SWITCHES. SUCH
18 COSTS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
19 (I) TWO DOLLARS FOR EACH MOTOR VEHICLE MERCURY-ADDED SWITCH REMOVED BY
20 A VEHICLE RECYCLER, AS PARTIAL COMPENSATION FOR LABOR AND OTHER COSTS;
21 (II) TWENTY-FIVE CENTS FOR EACH MOTOR VEHICLE MERCURY-ADDED SWITCH
22 REMOVED AS PARTIAL COMPENSATION TO THE DEPARTMENT FOR ADMINISTRATION AND
23 ENFORCEMENT;
24 (III) PACKAGING IN WHICH TO TRANSPORT MOTOR VEHICLE MERCURY-ADDED
25 SWITCHES TO RECYCLING, STORAGE OR DISPOSAL FACILITIES;
26 (IV) SHIPPING OF MOTOR VEHICLE MERCURY-ADDED SWITCHES TO RECYCLING,
27 STORAGE OR DISPOSAL FACILITIES;
28 (V) RECYCLING, STORAGE OR DISPOSAL OF MOTOR VEHICLE MERCURY-ADDED
29 SWITCHES;
30 (VI) PUBLIC EDUCATION MATERIALS AND PRESENTATIONS; AND
31 (VII) MAINTENANCE OF ALL APPROPRIATE SYSTEMS AND PROCEDURES TO PROTECT
32 THE ENVIRONMENT FROM MERCURY CONTAMINATION.
33 (F) MANUFACTURERS SHALL ANNUALLY SUBMIT A DETAILED REPORT TO THE
34 DEPARTMENT ON THE IMPLEMENTATION OF THEIR PLANS. SUCH REPORT SHALL
35 INCLUDE:
36 (I) A DETAILED DESCRIPTION AND DOCUMENTATION OF THE CAPTURE RATE
37 ACHIEVED;
38 (II) A PLAN TO IMPLEMENT ADDITIONAL OR ALTERNATIVE ACTIONS, IF NECES-
39 SARY, TO IMPROVE THE CAPTURE RATE;
40 (III) A LISTING OF THE PUBLIC EDUCATIONAL INITIATIVES IMPLEMENTED
41 PURSUANT TO THIS SECTION; AND
42 (IV) ANY CHANGES IN THE PARTICIPATION OF THE NECESSARY PARTIES FOR THE
43 PLAN TO BE EFFECTIVELY IMPLEMENTED.
44 2. DEPARTMENT RESPONSIBILITIES. (A) WITHIN NINETY DAYS OF THE RECEIPT
45 OF A MANUFACTURER'S PLAN, THE DEPARTMENT SHALL DETERMINE WHETHER THE
46 ENTIRE PLAN COMPLIES WITH THE PROVISIONS OF THIS SECTION, AND APPROVE,
47 DISAPPROVE OR CONDITIONALLY APPROVE THE PLAN.
48 (I) IF SUCH PLAN IS APPROVED, THE MANUFACTURER SHALL BEGIN IMPLEMENTA-
49 TION OF THE PLAN WITHIN THIRTY DAYS OF RECEIPT OF THE APPROVAL FROM THE
50 DEPARTMENT.
51 (II) IF SUCH PLAN IS DISAPPROVED, THE DEPARTMENT SHALL INFORM THE
52 MANUFACTURER AS TO THE REASONS THE PLAN WAS DISAPPROVED. THE MANUFACTUR-
53 ER SHALL SUBMIT A REVISED PLAN WITHIN THIRTY DAYS OF RECEIPT OF A NOTICE
54 OF DISAPPROVAL.
55 (III) IF THE PLAN IS CONDITIONALLY APPROVED, THE DEPARTMENT SHALL
56 INFORM THE MANUFACTURER AS TO THE REASONS THE PLAN WAS CONDITIONALLY
A. 1659 4
1 APPROVED. THE MANUFACTURER SHALL BE RESPONSIBLE FOR IMPLEMENTING THOSE
2 PORTIONS OF THE PLAN WHICH ARE APPROVED WITHIN THIRTY DAYS OF RECEIPT OF
3 THE DEPARTMENT'S NOTICE. THE MANUFACTURER SHALL BE RESPONSIBLE FOR
4 SUBMITTING A REVISED PLAN WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE OF
5 CONDITIONAL APPROVAL.
6 (IV) IF AT THE END OF ONE HUNDRED TWENTY DAYS, THE MANUFACTURER'S PLAN
7 HAS NOT BEEN APPROVED, THE MANUFACTURER SHALL IMPLEMENT THOSE PORTIONS
8 OF THE PLAN THAT HAVE BEEN APPROVED. THE DEPARTMENT SHALL IMPLEMENT
9 THOSE PORTIONS OF THE PLAN THAT HAVE BEEN DISAPPROVED.
10 (B) THE DEPARTMENT SHALL REVIEW EACH MANUFACTURER'S PLAN AT LEAST ONCE
11 EVERY THREE YEARS, AND REQUIRE ANY SUCH MODIFICATIONS THERETO AS SHALL
12 BE NECESSARY.
13 3. PROPER MANAGEMENT OF MERCURY-ADDED COMPONENTS. (A) EVERY VEHICLE
14 RECYCLER WHO SELLS, GIVES OR OTHERWISE TRANSFERS POSSESSION OF
15 END-OF-LIFE VEHICLES TO A SCRAP RECYCLING FACILITY FOR RECYCLING SHALL
16 REMOVE ALL MOTOR VEHICLE MERCURY-ADDED SWITCHES FROM SUCH VEHICLE PRIOR
17 TO DELIVERY TO SUCH FACILITY.
18 (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
19 A SCRAP RECYCLING FACILITY MAY AGREE TO ACCEPT POSSESSION OF AN END-OF-
20 LIFE VEHICLE, WHICH HAS NOT INTENTIONALLY BEEN FLATTENED, CRUSHED OR
21 BALED, AND WHICH IS EQUIPPED WITH MOTOR VEHICLE MERCURY-ADDED SWITCHES.
22 EVERY SCRAP RECYCLING FACILITY TAKING POSSESSION OF SUCH A VEHICLE SHALL
23 BE RESPONSIBLE FOR REMOVING ALL MOTOR VEHICLE MERCURY-ADDED SWITCHES
24 THEREFROM.
25 (C) NO PERSON SHALL REPRESENT THAT MOTOR VEHICLE MERCURY-ADDED SWITCH-
26 ES HAVE BEEN REMOVED FROM AN END-OF-LIFE VEHICLE SOLD, GIVEN OR OTHER-
27 WISE CONVEYED FOR RECYCLING WHEN SUCH PERSON KNOWS OR HAS REASON TO KNOW
28 THAT SUCH SWITCHES HAVE NOT BEEN REMOVED.
29 S 4. This act shall take effect on the first of January next succeed-
30 ing the date on which it shall have become a law; provided that effec-
31 tive immediately any rules, regulations and actions necessary to imple-
32 ment the provisions of this act on its effective date are authorized to
33 be commenced and completed prior to such date.
