"NEW SECTION.  Sec. 1   (1) The legislature finds that protecting human health and the environment is of the utmost importance to the citizens of the state of Washington.
     (2) Mercury is introduced into the environment in a variety of ways and although it is beyond the state's power to control all mercury emissions, there are many sources that can be controlled, including the mercury contained in automobiles.
     (3) Mercury is or has historically been present in a number of auto components, including but not limited to: Hood and trunk light switches, antilock brake (ABS) sensors, lights, and navigational systems.
     (4) The recycling of automobiles involves the crushing, shredding, and melting of auto scrap via thermal combustion. Preventing mercury or mercury-added components from entering thermal combustion units is an effective way to reduce mercury emissions into the environment.
     (5) It is the intent of this chapter is to reduce the quantity of mercury released into the environment by:
     (a) Removing mercury containing light switches and antilock brake sensors from end-of-life vehicles in the state of Washington; and
     (b) Creating a collection and recovery program for mercury-added components removed from vehicles in the state of Washington.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of ecology.
     (2) "End-of-life vehicle" means any motor vehicle that is sold, given, or otherwise conveyed to a motor vehicle crusher, motor vehicle recycler, or scrap recycling facility.
     (3) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that produced or assembled a new motor vehicle that used mercury-added components, or in the case of an imported motor vehicle, the importer or domestic distributor of the motor vehicle.
     (4) "Mercury-added component" means mercury-containing light switches and antilock brake system sensors, which were intentionally installed in the motor vehicle.
     (5) "Motor vehicle" includes any automobile, van, truck, motor home, motorcycle, travel trailer, or bus.
     (6) "Motor vehicle recycler" means any person or entity licensed under chapter 46.80 RCW and engaged in the business of either acquiring or dismantling, or both, motor vehicles for the primary purpose of resale of their parts or materials.
     (7) "Scrap recycling facility" means a fixed location, where machinery and equipment are utilized for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes.

NEW SECTION.  Sec. 3   (1) On or after January 1, 2006, a motor vehicle recycler and a scrap recycling facility that intends to crush, bale, shear, or shred a motor vehicle that contains mercury light switches, shall, prior to crushing, baling, shearing, or shredding the vehicle, remove all mercury-added components, except components that cannot be removed due to damage to the vehicle, or otherwise ensure that all mercury-added components have already been removed.
     (2) A mercury-added component removed from a motor vehicle is subject to hazardous waste rules and any other applicable rules adopted by the department pursuant to this chapter, including, but not limited to, standards for the handling of hazardous waste, standards for destination facilities, requirements for the tracking of universal waste shipments, import requirements, and the rules governing different products.
     (3) Manufacturers shall, individually or as part of a group:
     (a) Provide technical assistance to the department, including brochures that help to locate and remove mercury-added components; and
     (b) Provide for the proper disposal of mercury-added components that have been removed by motor vehicle recyclers or scrap recycling facilities.
     (4) The department shall provide technical assistance to businesses engaged in the dismantling or crushing of motor vehicles, including motor vehicle recyclers and scrap recycling facilities, concerning the safe removal and proper disposal of mercury-added components from motor vehicles, including information about entities that provide mercury recycling services.

NEW SECTION.  Sec. 4   Sections 1 through 3 of this act constitute a new chapter in Title 70 RCW."