HB 1307

1
A bill to be entitled
2An act relating to management of mercury switches in
3vehicles; creating s. 403.7187, F.S.; providing a short
4title; providing a statement of purpose; providing
5definitions; requiring submittal of a mercury minimization
6plan to the Department of Environmental Protection by
7certain manufacturers or importers of vehicles containing
8a mercury switch; establishing minimum requirements for a
9mercury minimization plan; establishing standards and
10procedures for the department to approve or disapprove all
11or part of a mercury minimization plan; requiring
12implementation of an approved plan or a part thereof by
13the manufacturers or importers; providing for modification
14of an approved plan; requiring a vehicle recycler or a
15scrap recycling facility to remove mercury switches from
16vehicles and keep records; providing requirements for the
17management of the removed switches; prohibiting a person
18from representing that a mercury switch has been removed
19from a vehicle unless certain conditions are met; applying
20certain exemptions when a person receives a vehicle that
21is flattened, crushed, or baled; requiring certain
22manufacturers or importers of vehicles containing mercury
23switches to submit an annual report to the Department of
24Environmental Protection regarding implementation of the
25approved mercury minimization plan; providing requirements
26for the contents of such report; authorizing the
27department to discontinue such report requirement under
28certain conditions; authorizing the department to conduct
29hearings regarding the recycling of vehicles; requiring
30certain manufacturers or importers to submit an annual
31report to the Department of Environmental Protection
32regarding the design of vehicles to facilitate recycling;
33providing requirements for the contents of such report;
34requiring certain manufacturers or importers of vehicles
35to make payments concerning mercury switch removal to a
36vehicle recycler, a scrap recycling facility, and the
37Department of Environmental Protection; directing certain
38manufacturers or importers of vehicles to provide to
39vehicle recyclers and scrap recycling facilities
40containers for storing mercury switches; providing for
41indemnification of a vehicle recycler or scrap recycling
42facility by certain manufacturers or importers of vehicles
43under certain conditions; authorizing the Department of
44Environmental Protection to adopt rules; providing an
45effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Section 403.7187, Florida Statutes, is created
50to read:
51     403.7187  Mercury switch removal, collection, and
52recovery.--
53     (1)  This section may be cited as the "Mercury Switch
54Recovery Act."
55     (2)  The purpose of this section is to reduce mercury in
56the environment by removing mercury switches from end-of-life
57vehicles and by creating a program to collect and recover
58mercury switches that are removed from end-of-life vehicles in
59this state.
60     (3)  As used in this section, the term:
61     (a)  "Capture rate" means the percentage of mercury
62switches that are removed, collected, and recovered in a
63calendar year in this state in relation to the number of mercury
64switches available for removal from end-of-life vehicles in this
65state for that year.
66     (b)  "Department" means the Department of Environmental
67Protection.
68     (c)  "End-of-life vehicle" means a vehicle that is sold,
69given, or otherwise conveyed to a vehicle recycler or scrap
70recycling facility for recycling.
71     (d)  "Manufacturer" means the last person in the production
72or assembly process of a new vehicle that uses mercury switches
73or, in the case of an imported vehicle, the importer of the
74vehicle or a successor of such importer.
75     (e)  "Mercury minimization plan" means a plan that provides
76for the systematic collection, removal, and recovery of mercury
77switches from end-of-life vehicles.
78     (f)  "Mercury switch" means each mercury-containing
79capsule, commonly known as a "bullet," that is part of a
80convenience light switch assembly on a vehicle.
81     (g)  "Person" means an individual, corporation, company,
82firm, partnership, association, trust, joint-stock company or
83trust, venture, or municipal, state, or federal government or
84agency, or any other legal entity, however organized.
85     (h)  "Scrap recycling facility" means a person who is
86engaged in a business that uses machinery and equipment to
87process and manufacture scrap metal into prepared grades and
88that primarily produces scrap iron, scrap steel, or nonferrous
89metallic scrap for sale for remelting purposes.
90     (i)  "Vehicle" means a passenger automobile or passenger
91car, station wagon, truck, van, or sport utility vehicle having
92a gross vehicle weight rating of less than 12,000 pounds.
93     (j)  "Vehicle recycler" means a person engaged in the
94business of acquiring, dismantling, or destroying six or more
95end-of-life vehicles in a calendar year.
96     (4)  By October 1, 2006, each manufacturer shall,
97individually or as part of a group of manufacturers, submit a
98mercury minimization plan to the department for review and
99approval. The plan must be developed in consultation with the
100department and must, at a minimum, include:
101     (a)  For each vehicle that contains one or more mercury
102switches and that was produced, is in production, or is planned
103for production, a description of:
104     1.  The make, model, and year of the vehicle.
105     2.  Each mercury switch in the vehicle, including, but not
106limited to, the location of the switch. If a manufacturer is
107uncertain whether a convenience light switch assembly in a
108vehicle that such manufacturer is producing, or plans to
109produce, contains a mercury switch, a switch is presumed to be a
110mercury switch.
111     3.  A system to mark the vehicle to indicate to a vehicle
112recycler or scrap recycling facility that may process the
113vehicle for shredding or crushing the presence or absence of
114each mercury switch.
115     (b)  A description of the safe and environmentally sound
116methods for removing mercury switches from end-of-life vehicles.
117     (c)  Educational materials to assist a vehicle recycler or
118scrap recycling facility in undertaking a safe and
119environmentally sound method for the removal of mercury switches
120from end-of-life vehicles, including, but not limited to,
121information concerning the hazards and proper handling of
122mercury.
123     (d)  A recommended method for achieving a capture rate of
124at least 90 percent, which is consistent with the principle that
125a mercury switch must be removed, collected, and recovered from
126each vehicle described pursuant to paragraph (a) unless the
127switch is inaccessible due to significant damage to the end-of-
128life vehicle in the area surrounding the switch.
129     (e)  A recommended method for storing and shipping mercury
130switches that are removed from end-of-life vehicles, including,
131but not limited to, a method of packaging and shipping the
132switches to a facility that is authorized to recycle, store, or
133dispose of them in an environmentally appropriate manner.
134     (f)  A recommended method for storing the mercury switches
135that are removed from end-of-life vehicles if a technology to
136manage the switches in an environmentally appropriate manner is
137unavailable.
138     (g)  Provisions to ensure that existing infrastructure to
139recycle end-of-life vehicles is used to the extent practicable.
140A plan that does not use such existing infrastructure must state
141reasons for establishing a separate infrastructure.
142     (h)  A recommended method of implementing the plan.
143     (i)  A recommended method of financing the plan that
144includes financing by each manufacturer. The method must ensure
145prompt payment to vehicle recyclers, scrap recycling facilities,
146and the department for the costs associated with the removal and
147disposal of mercury switches, which method includes, but is not
148limited to, payment in the amounts specified in paragraph
149(10)(a).
150     (5)  No later than 120 days after receipt of a mercury
151minimization plan, the department shall approve or disapprove
152the plan in whole or in part. The department may approve a plan
153or part of a plan only when it has reasonable assurance that
154implementation of the plan or part of the plan will, in a manner
155that is environmentally safe, result in removal of mercury
156switches from end-of-life vehicles and that a program will be
157created to collect and recover the mercury switches that are
158removed. A plan or part of a plan that is not disapproved within
159the 120-day period is deemed approved subject to any
160modifications required by the department. The department may
161solicit input from representatives of vehicle recyclers, scrap
162recycling facilities, or other stakeholders concerning a plan
163that is under review.
164     (a)  No later than 30 days after approval of a mercury
165minimization plan, each manufacturer submitting the plan shall
166begin, and thereafter shall continue, implementation of the
167plan.
168     (b)  No later than 30 days after approval of part of a
169mercury minimization plan, each manufacturer submitting a plan
170shall begin, and thereafter shall continue, implementation of
171the approved part of the plan.
172     (c)  If all or part of a mercury minimization plan is
173disapproved, the department shall provide written comments
174stating the reasons for the disapproval, and each manufacturer
175submitting a disapproved plan or part of a plan shall, alone or
176as part of a group of manufacturers, submit a revised plan or
177part of a plan that is consistent with the department's
178comments. The revised plan or part of the plan must be submitted
179within 30 days after the date of the disapproval, and the
180department shall approve or disapprove the revised plan or part
181of the plan no later than 30 days after receipt. No later than
18230 days after approval of the revised plan or part of the plan,
183each manufacturer submitting a plan or part of a plan shall
184begin, and thereafter shall continue, implementation of the plan
185or part of the plan.
186     (6)  The department may request modification of an approved
187mercury minimization plan if it finds that the plan's terms or
188manner of implementation fails to provide reasonable assurance
189that implementation of the plan will, in a manner that is
190environmentally safe, result in removal of mercury switches from
191end-of-life vehicles and creation of a program to collect and
192recover the mercury switches that are removed. Within 60 days
193after the date of any such request, a manufacturer shall submit
194an amendment to the plan which is consistent with the request.
195The department shall approve or disapprove the amendment within
19630 days after receipt. An amendment that is not disapproved
197within the 30-day period is deemed approved.
198     (7)(a)  Beginning 30 days after approval of each mercury
199minimization plan, a vehicle recycler that sells, gives, or
200otherwise conveys ownership of an end-of-life vehicle identified
201in the plan to a scrap recycling facility must remove each
202mercury switch from the vehicle before delivery to the facility.
203     (b)  A mercury switch that is inaccessible due to
204significant damage to the area surrounding the switch need not
205be removed before such delivery if the damage is noted on the
206normal business records of the vehicle recycler.
207     (c)  A scrap recycling facility may accept delivery of such
208an end-of-life vehicle when each mercury switch has not been
209removed if the vehicle has not been intentionally flattened,
210crushed, or baled.
211     (d)  A vehicle recycler or scrap recycling facility that
212removes a mercury switch from an end-of-life vehicle must
213maintain, and make available to the department upon request, a
214written record of the make and model of each vehicle from which
215a mercury switch has been removed and the number of mercury
216switches collected.
217     (e)  A vehicle recycler or scrap recycling facility that
218removes a mercury switch must ensure that the switch is
219thereafter collected, stored, transported, and handled in
220accordance with:
221     1.  The approved mercury minimization plan; and
222     2.  The rules of the department concerning universal waste
223as set forth in rule 62-730.185, Florida Administrative Code.
224     (f)  A person may not represent that a mercury switch is
225removed from an end-of-life vehicle being sold, given, or
226otherwise conveyed for recycling unless that person has removed,
227or arranged for another person to remove, the switch.
228     (g)  A person who receives an end-of-life vehicle that has
229been intentionally flattened, crushed, or baled is not in
230violation of this section if a mercury switch is found in the
231vehicle after such receipt.
232     (8)  One year after a mercury minimization plan is approved
233by the department, and annually thereafter, each manufacturer
234responsible for implementing the plan shall submit to the
235department, individually or as part of a group of manufacturers,
236a written report concerning implementation of the plan. The
237department may discontinue the requirement for the annual report
238by a particular manufacture if it finds that the mercury
239switches in end-of-life vehicles produced or imported by the
240manufacturer no longer pose a significant threat to the
241environment or to public health. The report must include, but
242need not be limited to:
243     (a)  A statement of the number of mercury switches
244collected, the number of end-of-life vehicles processed for
245recycling, and the number of such vehicles that contain mercury
246switches;
247     (b)  A description of how the mercury switches have been
248managed; and
249     (c)  A description of the amounts paid to cover the costs
250of implementing the mercury minimization plan.
251     (9)  The department may conduct hearings to evaluate the
252steps manufacturers are taking to design vehicles and their
253components for recycling and to recommend legislative action to
254promote vehicle recycling for purposes of preserving scarce
255resources and ensuring the safe and efficient reduction of solid
256waste. One year after a mercury minimization plan is approved by
257the department, and annually thereafter, each manufacturer
258responsible for implementing the plan shall submit to the
259department, individually or as part of a group of manufacturers,
260a written report concerning the steps being taken by
261manufacturers to design vehicles and their components for
262recycling. The report must include, but need not be limited to:
263     (a)  A list of each component that contains mercury which
264is included in each vehicle produced or imported by each
265manufacturer for the current model year, the next model year,
266and each of the prior 3 model years;
267     (b)  Each design change that each manufacturer has
268implemented or is implementing to reduce or eliminate the
269mercury in each component on the list created pursuant to
270paragraph (a) and the year mercury will be eliminated from such
271component;
272     (c)  Each policy or practice that each manufacturer has
273implemented or is implementing to ensure that each vehicle the
274manufacturer produces or imports is designed to be recycled in a
275safe, cost-effective, and environmentally sound manner using
276existing technology and infrastructure; and
277     (d)  A list of:
278     1.  Each complaint or report that the manufacturer has
279received within the last 12 months from a vehicle recycler or
280its representative, a scrap recycling facility or its
281representative, or a governmental entity;
282     2.  Any other fact or circumstance that is known to the
283manufacturer, including, but not limited to, a design or
284component feature, that poses risks to the environment or public
285health or that makes a vehicle produced or imported by the
286manufacturer or a component of such a vehicle uneconomical to
287recycle; and
288     3.  Each design or manufacturing change the manufacturer
289has implemented or is implementing to reduce or remove any such
290environmental or public health risk and the year any such change
291will eliminate the risk.
292     (10)  Each manufacturer shall:
293     (a)  For each vehicle that is produced or imported by that
294manufacturer, and after production by a vehicle recycler or
295scrap recycling facility of the records specified in paragraph
296(8)(c), promptly:
297     1.  As partial compensation for the labor or other costs to
298remove the mercury switches, pay $5 to the recycler for each
299switch the recycler has removed and to such facility for each
300mercury switch the facility has removed.
301     2.  As partial compensation for costs to administer this
302section, pay $1 to the department for each mercury switch
303removed by the recycler or facility.
304     3.  Reimburse each such recycler or facility for expenses
305incurred in recycling, storing, or disposing of mercury
306switches, including, but not limited to, expenses to ship
307switches to recycling, storage, or disposal facilities, to
308purchase packaging in which to transport switches to such
309facilities, or to prepare or distribute educational materials
310required pursuant to this section to vehicle recyclers and scrap
311recycling facilities.
312
313Such compensation or reimbursement must be made without regard
314to when a switch is removed or when an expense is incurred.
315     (b)  By August 1, 2006, individually or as part of a group
316of manufacturers, provide to each vehicle recycler and scrap
317recycling facility one or more containers in which the mercury
318switches that the recycler or facility has removed from an end-
319of-life vehicle can be safely stored until such time as vehicle
320recyclers and scrap recycling facilities are reimbursed pursuant
321to paragraph (a).
322     (c)  Indemnify, defend, and hold harmless each vehicle
323recycler and scrap recycling facility for any liability arising
324from the release of the mercury from the mercury switches after
325the switches are transferred free on board to the manufacturer
326or an agent of the manufacturer or a person under contract with
327the manufacturer.
328     (11)  The department is authorized to adopt rules pursuant
329to ss. 120.536(1) and 120.54 to implement the provisions of this
330section that confer duties upon the department.
331     Section 2.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.