1.__Prohibition on sale of new motor vehicles with mercury switches.__A person may not sell a motor vehicle manufactured on or after January 1, 2003 if it contains a mercury switch.__A motor vehicle manufacturer may apply to the commissioner for an exemption from this prohibition.__The commissioner may grant an exemption upon finding that:

A.__Use of the mercury switch is necessary to protect public health or safety;

B.__There are no technically feasible alternatives to the mercury switch at comparable cost; and

C.__The manufacturer has provided assurance that a system exists for the proper removal and recycling of the mercury switch.

2.__Prohibition on replacement mercury light switches.__ Effective January 1, 2003, a person may not sell or distribute a mercury light switch for installation in a motor vehicle.

3.__Removal of mercury light switches prior to motor vehicle resale.__Effective January 1, 2003, a person may not sell a used motor vehicle at retail without first removing any mercury light switch.__This prohibition applies to a person who sells 20 or more used motor vehicles in calendar year 2002 or any calendar year thereafter.

4.__Removal of certain mercury components prior to motor vehicle recycling.__Effective January 1, 2003, a person may not send a motor vehicle to a scrap recycling facility without first removing any mercury switch or mercury headlamp that is a component of the motor vehicle, except that a scrap recycling facility may agree to accept a motor vehicle that has not been flattened, crushed or baled knowing it contains a mercury switch or mercury headlamp, in which case the scrap recycling facility is responsible for removing that component.__Upon removal, the components must be collected, stored, transported and otherwise handled in accordance with the universal waste rules adopted by the board under subsection 9.

5.__Motor vehicle manufacturer responsibility.__By January 1, 2003, manufacturers of motor vehicles sold or distributed in the State shall, individually or collectively, do the following.

A.__Manufacturers of motor vehicles that contain mercury light switches shall establish, maintain and publicize the availability of a source separation program by which a motor vehicle owner may have the mercury light switches removed or replaced with nonmercury light switches at no direct charge to the owner when the vehicle is brought to a manufacturer- affiliated dealership.

B.__Manufacturers of motor vehicles that contain mercury switches shall:

(1)__Establish and maintain business arrangements with persons subject to the requirements of subsections 3 and 4 necessary to create and implement an effective source separation program to remove and collect the mercury switches; and

(2)__Establish and maintain a system by which switches removed pursuant to the requirements of subsections 3 and 4 may, at no cost to the person responsible for removal, be consolidated and transported for recycling in accordance with the universal waste rules adopted by the board under subsection 9.

C.__Manufacturers of motor vehicles that contain mercury switches or mercury headlamps shall provide the department and persons subject to the requirements of subsections 3 and 4 with information, training and other technical assistance required to facilitate removal and recycling of these components, including, but not limited to, information identifying the motor vehicle models that contain or may contain mercury switches or mercury headlamps.

6.__Department responsibility.__The department shall:

A.__Assist used car dealers, motor vehicle manufacturers and others subject to the source separation requirements of this section by providing training on the universal waste rules adopted by the board under subsection 9 and by taking other steps as determined appropriate to provide for the safe removal and proper handling of motor vehicle components;

B.__Design and distribute the stickers required under subsection 8; and

C.__Make available to the public information concerning services to remove mercury light switches in motor vehicles.

7.__Labeling.__Effective July 15, 2002, the labeling requirements of section 1662 apply to motor vehicle components.

In approving an alternative compliance plan for labeling for motor vehicles under section 1662, the commissioner shall require a motor vehicle manufacturer to apply a doorpost label listing the mercury-added products that may be components in the motor vehicle.__The commissioner may not require a manufacturer to affix a label to each mercury-added component.

8.__Removal sticker.__Any person who removes a mercury light switch from a motor vehicle before the motor vehicle is removed from service shall affix an official sticker to the motor vehicle to indicate that the switch has been removed.__The stickers may be obtained from the department and must be affixed to the doorpost or other location specified by the department.__A person may not install a mercury light switch into a motor vehicle to which the sticker is affixed.

9.__Rulemaking.__The board shall revise the universal waste rules adopted pursuant to section 1319-O, subsection 1, paragraph F as necessary to establish standards by which mercury switches in motor vehicles may be handled as universal waste.

10.__Reporting.__Before July 1, 2004 and annually thereafter, motor vehicle manufacturers shall report in writing to the department on the results of the source separation program required under this section.__The report must include, at a minimum, the numbers of mercury switches and mercury headlamps removed and recycled from motor vehicles during the previous calendar year compared to the estimated number of these components potentially available for collection under subsections 3, 4 and 5; the estimated total amount of mercury contained in the components; and any recommendations to improve the future collection and recycling of motor vehicle components.__Before January 1, 2005 and annually thereafter, the department shall report to the Mercury Products Advisory Committee on the effectiveness of the source separation program required under this section, whether other motor vehicle components should be added to the source separation program and whether the program should be terminated and, if so, when.

SUMMARY

This bill provides for the safe removal and recycling of certain mercury-added products that are components in motor vehicles. Under the bill, automobile manufacturers bear primary responsibility for establishing and maintaining a statewide system to collect and consolidate the components for recycling. Used motor vehicle dealers and persons engaged in recycling motor vehicles share responsibility for removing the components and storing them for recycling. The Department of Environmental

Protection is responsible for providing technical assistance and conducting public education activities to maximize the effectiveness of the collection system.