1.1                          A bill for an act 
  1.2             relating to the environment; requiring motor vehicle 
  1.3             manufacturers to establish a mercury switch collection 
  1.4             program; amending Minnesota Statutes 2002, section 
  1.5             116.92, subdivisions 3, 4; proposing coding for new 
  1.6             law in Minnesota Statutes, chapter 115A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [115A.311] [DEFINITIONS.] 
  1.9      Subdivision 1.  [APPLICABILITY.] For the purposes of 
  1.10  sections 115A.312 to 115A.315, the following terms have the 
  1.11  meanings given them. 
  1.12     Subd. 2.  [END-OF-LIFE MOTOR VEHICLE.] "End-of-life motor 
  1.13  vehicle" means any motor vehicle that is sold, given, or 
  1.14  otherwise conveyed to a motor vehicle crusher, recycler, or 
  1.15  scrap recycling facility for the purpose of recycling. 
  1.16     Subd. 3.  [MANUFACTURER.] "Manufacturer" means any person, 
  1.17  firm, association, partnership, corporation, governmental 
  1.18  entity, organization, combination, or joint venture that 
  1.19  produces or assembles motor vehicles, or in the case of an 
  1.20  imported motor vehicle, the importer or domestic distributor of 
  1.21  the motor vehicle. 
  1.22     Subd. 4.  [MERCURY SWITCH.] "Mercury switch" means a light 
  1.23  switch or an antilock brake system switch installed by an 
  1.24  automotive manufacturer in a motor vehicle. 
  1.25     Subd. 5.  [MOTOR VEHICLE RECYCLER.] "Motor vehicle recycler"
  1.26  means any person or entity engaged in the business of acquiring, 
  2.1   dismantling, or crushing six or more motor vehicles in a 
  2.2   calendar year for the primary purpose of resale of their parts 
  2.3   or materials. 
  2.4      Sec. 2.  [115A.312] [MERCURY SWITCH COLLECTION PROGRAM.] 
  2.5      Subdivision 1.  [OFFICE OF ENVIRONMENTAL ASSISTANCE.] (a) 
  2.6   By January 1, 2005, the Office of Environmental Assistance shall 
  2.7   implement a program to remove, collect, transport, recycle, and 
  2.8   appropriately dispose of mercury switches before crushing or 
  2.9   shredding of motor vehicles.  Every manufacturer of motor 
  2.10  vehicles who has sold new vehicles containing mercury switches 
  2.11  in this state after January 1, 1980, shall, either individually 
  2.12  or as part of a group, pay the cost of the program up to a total 
  2.13  maximum annual cost of $300,000.  
  2.14     (b) The manufacturers may allocate the cost among 
  2.15  themselves based on the number of vehicles containing mercury 
  2.16  switches sold in this state or other factors as they may 
  2.17  determine.  The Office of Environmental Assistance shall 
  2.18  annually certify to the commissioner of finance the annual cost 
  2.19  to operate the program.  The cost must not overfund or underfund 
  2.20  the program.  The commissioner of finance, in consultation with 
  2.21  the Office of Environmental Assistance, shall inform the 
  2.22  manufacturers of the costs to be paid and deposit the moneys in 
  2.23  the special revenue fund.  The commissioner of finance shall 
  2.24  annually appropriate the money to the Office of Environmental 
  2.25  Assistance. 
  2.26     Subd. 2.  [PROGRAM COMPONENTS.] The mercury switch 
  2.27  collection program, at a minimum, must include: 
  2.28     (1) a mercury switch capture rate of at least 90 percent 
  2.29  from end-of-life motor vehicles, consistent with the principle 
  2.30  that the mercury switch must be recovered unless it is 
  2.31  inaccessible due to significant damage to the motor vehicle in 
  2.32  the area surrounding the switch; 
  2.33     (2) a method for marking motor vehicles processed for 
  2.34  shredding or crushing to indicate removal of switches, absence 
  2.35  of switches, or presence of switches that could not be removed; 
  2.36     (3) a system to track switch removal, including the number 
  3.1   of end-of-life motor vehicles and the number of switches; 
  3.2      (4) appropriate containers for collection and transporting 
  3.3   of mercury switches; 
  3.4      (5) a system to track mercury switches from the point of 
  3.5   collection to disposal; 
  3.6      (6) a requirement that mercury switches collected are 
  3.7   processed, recycled, stored, and disposed of as a hazardous 
  3.8   waste, or, if applicable, a universal waste, under state and 
  3.9   federal hazardous waste regulations and may not be disposed of 
  3.10  as hazardous debris as defined in federal regulations and 
  3.11  similar state regulations; 
  3.12     (7) training and assistance to motor vehicle recyclers and 
  3.13  other businesses dealing with end-of-life motor vehicles; and 
  3.14     (8) a fee of $1 paid to motor vehicle recyclers for each 
  3.15  mercury switch or mercury pellet collected. 
  3.16     Sec. 3.  [115A.313] [ANNUAL REPORT.] 
  3.17     Beginning January 15, 2005, the Office of Environmental 
  3.18  Assistance shall annually report on the mercury switch 
  3.19  collection program to the legislative committees with 
  3.20  jurisdiction over the environment and natural resources. 
  3.21     The report must include: 
  3.22     (1) documentation of the capture rate achieved, including 
  3.23  the number of switches collected, the amount of mercury 
  3.24  collected, and the number of end-of-life motor vehicles; 
  3.25     (2) a description of how the mercury was recycled and 
  3.26  otherwise appropriately managed; and 
  3.27     (3) a plan of action to improve the capture rate, if 
  3.28  necessary. 
  3.29     Sec. 4.  [115A.314] [REPRESENTATIONS.] 
  3.30     It is unlawful for any person to represent that mercury 
  3.31  switches have been removed from a motor vehicle or motor vehicle 
  3.32  hulk being sold, given, or otherwise conveyed for recycling or 
  3.33  crushing, if the mercury switches have not been removed. 
  3.34     Sec. 5.  [115A.315] [PHASE-OUT OF MERCURY-ADDED COMPONENTS 
  3.35  IN MOTOR VEHICLES AND EXEMPTIONS.] 
  3.36     Subdivision 1.  [PHASE-OUT OF MERCURY-ADDED COMPONENTS.] To 
  4.1   prevent emissions or other releases of mercury from motor 
  4.2   vehicles, by January 1, 2007, no new motor vehicle offered for 
  4.3   sale in this state may contain any mercury-added component, 
  4.4   except as provided in subdivision 2. 
  4.5      Subd. 2.  [EXEMPTION AND LABELING.] (a) A manufacturer may 
  4.6   obtain an exemption to install a mercury-added component in a 
  4.7   motor vehicle if the manufacturer submits a written application 
  4.8   to the commissioner describing: 
  4.9      (1) how the manufacturer will ensure that a system exists, 
  4.10  and how the manufacturer will fund a system for the removal, 
  4.11  collection, and recovery of the mercury-added component upon 
  4.12  failure of the component or at the end of the motor vehicle's 
  4.13  useful life; and 
  4.14     (2) certification by the manufacturer that the motor 
  4.15  vehicle will be labeled so as to clearly inform purchasers that 
  4.16  mercury is present in the motor vehicle, and that the 
  4.17  mercury-added component may not be disposed of or placed in a 
  4.18  waste stream destined for disposal until the mercury is removed 
  4.19  or reused, recovered, or properly disposed of as a hazardous 
  4.20  waste, or otherwise managed to ensure that the mercury does not 
  4.21  become mixed with other solid waste or released to the 
  4.22  environment.  The label must identify the component with 
  4.23  sufficient detail so that it can be readily located for 
  4.24  removal.  The label shall be placed on the doorpost and be 
  4.25  sufficiently durable to remain legible for the useful life of 
  4.26  the motor vehicle. 
  4.27     (b) Subject to the issuance of public notice and 
  4.28  solicitation of public comment, the commissioner shall, within 
  4.29  90 days, accept or reject the application for exemption. 
  4.30     (c) The commissioner may grant an exemption only upon a 
  4.31  clear demonstration that the system for removal, collection, and 
  4.32  recovery of the mercury-added component will ensure recovery of 
  4.33  the mercury and prevent its release to the environment. 
  4.34     (d) An exemption granted under this section is valid for a 
  4.35  period not to exceed two years and may be renewed for periods 
  4.36  not to exceed two years. 
  5.1      Sec. 6.  Minnesota Statutes 2002, section 116.92, 
  5.2   subdivision 3, is amended to read: 
  5.3      Subd. 3.  [LABELING; PRODUCTS CONTAINING MERCURY.] A 
  5.4   manufacturer or wholesaler may not sell and a retailer may not 
  5.5   knowingly sell any of the following items in this state that 
  5.6   contain mercury unless the item is labeled in a manner to 
  5.7   clearly inform a purchaser ~~or~~, consumer, or motor vehicle 
  5.8   recycler that mercury is present in the item and that the item 
  5.9   may not be placed in the garbage or otherwise disposed of until 
  5.10  the mercury is removed and reused, recycled, or otherwise 
  5.11  managed to ensure that it does not become part of solid waste or 
  5.12  wastewater: 
  5.13     (1) a thermostat or thermometer; 
  5.14     (2) an electric switch or mercury-added component of a 
  5.15  motor vehicle, individually or as part of another product~~, other~~ 
  5.16  ~~than a motor vehicle~~; 
  5.17     (3) an appliance; 
  5.18     (4) a medical or scientific instrument; and 
  5.19     (5) an electric relay or other electrical device. 
  5.20     Sec. 7.  Minnesota Statutes 2002, section 116.92, 
  5.21  subdivision 4, is amended to read: 
  5.22     Subd. 4.  [REMOVAL FROM SERVICE; PRODUCTS CONTAINING 
  5.23  MERCURY.] (a) When an item listed in subdivision 3 is removed 
  5.24  from service the mercury in the item must be reused, recycled, 
  5.25  or otherwise managed to ensure compliance with section 115A.932. 
  5.26     (b) A person who is in the business of replacing or 
  5.27  repairing an item listed in subdivision 3 in households shall 
  5.28  ensure, or deliver the item to a facility that will ensure, that 
  5.29  the mercury contained in an item that is replaced or repaired is 
  5.30  reused or recycled or otherwise managed in compliance with 
  5.31  section 115A.932. 
  5.32     (c) A ~~person may not crush a~~ motor vehicle ~~unless the~~ 
  5.33  ~~person has first made a good faith effort to~~ recycler must 
  5.34  remove all of the mercury switches in the motor vehicle before 
  5.35  it is crushed.