BILL REQ. #:  H-2303.2 

READ FIRST TIME 03/04/05.   

     AN ACT Relating to the removal of mercury-added components in motor vehicles; amending RCW 70.95M.010 and 70.95M.080; adding new sections to chapter 70.95M RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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.

Sec. 2   RCW 70.95M.010 and 2003 c 260 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Automotive mercury switch" includes a convenience switch, such as a switch for a trunk or hood light, and a mercury switch in antilock brake systems.
     (2) "Capture rate" means the quantity of mercury removed, collected, or recovered stated as a percentage of the total mercury available from end-of-life vehicles, computed annually.
     (3) "Department" means the department of ecology.
     (((3))) (4) "Director" means the director of the department of ecology.
     (((4))) (5) "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.
     (6) "Health care facility" includes a hospital, nursing home, extended care facility, long-term care facility, clinical or medical laboratory, state or private health or mental institution, clinic, physician's office, or health maintenance organization.
     (((5))) (7) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that:
     (a) Produces a mercury-added product, other than a motor vehicle, or an importer or domestic distributor of a mercury-added product, other than a motor vehicle, produced in a foreign country. In the case of a multicomponent product containing mercury, other than a motor vehicle, the manufacturer is the last manufacturer to produce or assemble the product. If the multicomponent product or mercury-added product is produced in a foreign country, the manufacturer is the first importer or domestic distributor.
     (((6))) (b) Produce or assemble 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.
     (8) "Manufacturer-dealer warranty program" means an arrangement between a manufacturer and its franchisee, whereby the manufacturer agrees to reimburse the franchisee, at established rates, for labor or parts necessary to repair a vehicle pursuant to the manufacturer's original equipment warranty to the original purchaser of the vehicle.
     (9) "Mercury-added button-cell battery" means a button-cell battery to which the manufacturer intentionally introduces mercury for the operation of the battery.
     (((7))) (10) "Mercury-added component" means mercury-containing light switches and antilock brake system sensors, which were intentionally installed in the motor vehicle.
     (11) "Mercury-added novelty" means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel, and other similar products. Mercury-added novelty does not include games, toys, or products that require a button-cell or lithium battery, liquid crystal display screens, or a lamp that contains mercury.
     (((8))) (12) "Mercury-added product" means a product, commodity, or chemical, or a product with a component that contains mercury or a mercury compound intentionally added to the product, commodity, or chemical in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. Mercury-added products include, but are not limited to, mercury thermometers, mercury thermostats, and mercury switches in motor vehicles.
     (((9))) (13) "Mercury manometer" means a mercury-added product that is used for measuring blood pressure.
     (((10))) (14) "Mercury thermometer" means a mercury-added product that is used for measuring temperature.
     (((11))) (15) "Motor vehicle" includes any automobile, van, truck, motor home, motorcycle, travel trailer, or bus.
     (16) "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.
     (17) "Retailer" means a retailer of a mercury-added product.
     (18) "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   Manufacturers shall, individually or as part of a group, submit to the department for review and approval a plan to remove, collect, and recover mercury-added components before crushing or shredding motor vehicles. Manufacturers are responsible for ensuring that mercury-added components are properly removed, collected, and recovered from end-of-life vehicles.
     (1)(a) Vehicle manufacturers shall develop and implement a system to remove, collect, and recover mercury-added components from end-of-life vehicles.
     (b) The removal, collection, and recovery system must include, at a minimum, the following elements, which shall be described within the plan:
     (i) An education program to inform the stakeholders about the purposes of the removal, collection, and recovery program and how to participate in it;
     (ii) A plan for implementing and financing the system;
     (iii) Documentation of the willingness of all necessary parties to implement the proposed system;
     (iv) Information identifying: The make, model, and year of vehicles containing mercury-added components; a description of the component; the locations of these components; and the safe, cost-effective, and environmentally sound methods for their removal from end-of-life vehicles;
     (v) An overall mercury-added component capture rate of at least ninety percent, consistent with the principle that mercury-added components must be removed, collected, and recovered unless the part is inaccessible because of significant damage to that part of the vehicle where the component is located;
     (vi) A description of the performance measures that will be used and reported upon by the manufacturer (or group of manufacturers) to demonstrate that the system is meeting the capture rate as well as other measures of program effectiveness. The performance measures must include, but are not limited to: The number of mercury-added components collected from end-of-life vehicles and the number of vehicles processed for recycling; the amount of mercury collected; and the number of vehicles containing mercury-added components;
     (vii) A process to ensure that, upon request, the motor vehicle recycler, scrap recycling facility, or mobile crusher provide to the department documentation to show that the mercury-added components have been removed. This process must ensure that the information is treated as confidential business information, and will be publicly released only in the aggregate;
     (viii) A description of additional or alternative actions to be implemented to improve the system and its operation in the event that the program measures established in (b)(vi) of this subsection are not met;
     (ix) A system to mark vehicles to be processed for shredding or crushing to indicate the presence or absence of mercury-added components;
     (x) Training of employees on how to identify vehicles containing mercury-added components, how to remove them, how to handle and store them, human health risks associated with mercury, and spill response;
     (xi) A plan to transfer mercury and mercury-added components that are removed, collected, and recovered from end-of-life vehicles to recycling, storage, or disposal facilities.
     (c) In order to ensure that mercury-added components are removed and collected in a safe and consistent manner, manufacturers shall, to the extent practicable, utilize the existing end-of-life vehicle recycling infrastructure.
     (d) Manufacturers shall indemnify, defend, and hold harmless motor vehicle recyclers and scrap recyclers for any liabilities arising from the release of the mercury from the mercury-added components after the components are transferred to the manufacturer or its agent or contractor.
     (2) The total cost of the removal, collection, and recovery system for mercury-added components must be borne by the manufacturers who installed mercury-added components in their vehicles. Costs include, but are not limited to, the following:
     (a) Labor to remove mercury-added components. Labor must be reimbursed at the prevailing rate auto manufacturers use to reimburse automotive dealers for replacing faulty components under the manufacturer-dealer warranty program;
     (b) Training as described in subsection (1)(b)(x) of this section;
     (c) Packaging in which to transport mercury-added components to recycling, storage, or disposal facilities;
     (d) Shipping of mercury-added components to recycling, storage, or disposal facilities;
     (e) Proper recycling, storage, or disposal of mercury-added components;
     (f) Public education materials and presentations;
     (g) Maintenance of all appropriate systems and procedures to protect the environment from mercury contamination;
     (h) State administrative costs associated with the oversight of the manufacturer's plan;
     (i) Any additional costs for documentation required of motor vehicle recyclers and scrap recycling facilities.
     (3) Nothing in this section restricts the ability of a manufacturer, importer, or domestic distributor from transporting products through the state, or storing products in the state for later distribution outside the state.

NEW SECTION.  Sec. 4   Every effort must be made by vehicle manufacturers to ensure that mercury-added components are removed from vehicles before they are crushed or shredded.
     (1) It is unlawful to shred or crush vehicles that have not had mercury-added components removed, except where removal is not possible because the mercury-added component is inaccessible due to significant damage to the part of the vehicle where the component is located. To comply with this section, automobile crushers or shredders may rely on, as reasonable evidence of removal, representations of certifications from motor vehicle recyclers that mercury-added components have been removed. Crushed vehicle hulks imported from out of state may be shredded provided the scrap recycling facilities have, to the best of their abilities, ensured that their out-of-state suppliers have removed mercury-added components.
     (2) It is unlawful for any person to represent that mercury-added components have been removed from a vehicle or vehicle hulk being sold, given, or otherwise conveyed for recycling if the mercury-added components have in fact not been removed.

NEW SECTION.  Sec. 5   (1) Every manufacturer of motor vehicles sold in this state shall, individually or as part of a group, submit a plan to the department, within ninety days of the effective date of this section, describing a program meeting the requirements established in this chapter.
     (2) The director shall:
     (a) Determine within sixty days after receipt of a manufacturer's plan, whether the plan complies with this chapter. If the plan is approved, the director shall send a letter of approval and the manufacturer shall begin implementation within ninety days after receipt of the letter;
     (b) In the event the plan is rejected, inform the manufacturer as to the reasons for rejection. The manufacturer has thirty days after receipt of the letter of disapproval to submit a new plan;
     (c) Consider the manufacturer or manufacturers in violation of this chapter, subject to the penalties described in RCW 70.95M.080, if they fail to have an approved plan in place within two hundred forty days of the effective date of this section;
     (d) Review any plan approved under this section three years after the original date of approval and every three years thereafter. The director may require modifications to the plan as appropriate;
     (e) Make available to the public and to the legislature the reports required under this chapter.
     (3) The manufacturers shall submit revised plans as directed within ninety days of receipt of notification by the department. The submission and review deadlines are as specified in subsection (2) of this section.

NEW SECTION.  Sec. 6   A manufacturer subject to this chapter shall, individually or as part of a group, annually report to the department concerning the performance of the manufacturer's plan. The report must include, but is not limited to:
     (1) A detailed description and documentation of the capture rate achieved and how and where the mercury was recycled or otherwise appropriately managed;
     (2) A plan to implement additional or alternative actions, if necessary, to improve the capture rate.

Sec. 7   RCW 70.95M.080 and 2003 c 260 s 9 are each amended to read as follows:
     A violation of this chapter is punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first violation. Repeat violators of RCW 70.95M.020 and 70.95M.050 are liable for a civil penalty not to exceed five thousand dollars for each repeat violation. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.105D.070. The civil penalties in this section are in addition to any other penalties authorized under other state or local laws governing the use of mercury in motor vehicles.

NEW SECTION.  Sec. 8   Sections 1 and 3 through 6 of this act are each added to chapter 70.95M RCW.

NEW SECTION.  Sec. 9   This act takes effect July 1, 2006.