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.  [CAPTURE RATE.] "Capture rate" means removal, 
  1.13  collection, and recovery as a percentage of the total mercury 
  1.14  available from end-of-life motor vehicles annually. 
  1.15     Subd. 3.  [END-OF-LIFE MOTOR VEHICLE.] "End-of-life motor 
  1.16  vehicle" means any motor vehicle that is sold, given, or 
  1.17  otherwise conveyed to a motor vehicle crusher, recycler, or 
  1.18  scrap recycling facility for the purpose of recycling. 
  1.19     Subd. 4.  [MANUFACTURER.] "Manufacturer" means any person, 
  1.20  firm, association, partnership, corporation, governmental 
  1.21  entity, organization, combination, or joint venture that 
  1.22  produces or assembles a new motor vehicle that uses 
  1.23  mercury-added components, or in the case of an imported motor 
  1.24  vehicle, the importer or domestic distributor of the motor 
  1.25  vehicle. 
  1.26     Subd. 5.  [MERCURY-ADDED COMPONENT.] "Mercury-added 
  2.1   component" means a component that contains mercury, which was 
  2.2   intentionally added to a motor vehicle.  These components may 
  2.3   include, but are not limited to, switches, sensors, lights, and 
  2.4   navigational systems. 
  2.5      Subd. 6.  [MERCURY SWITCH.] "Mercury switch" means a light 
  2.6   switch or an antilock brake system switch installed by an 
  2.7   automotive manufacturer in a motor vehicle. 
  2.8      Subd. 7.  [MOTOR VEHICLE IN COMMERCE.] "Motor vehicle in 
  2.9   commerce" means any motor vehicle offered for sale by a dealer 
  2.10  or registered in the United States to be operated on public 
  2.11  roads and highways. 
  2.12     Subd. 8.  [MOTOR VEHICLE RECYCLER.] "Motor vehicle recycler"
  2.13  means any person or entity engaged in the business of acquiring, 
  2.14  dismantling, or crushing six or more motor vehicles in a 
  2.15  calendar year for the primary purpose of resale of their parts 
  2.16  or materials. 
  2.17     Sec. 2.  [115A.312] [MERCURY SWITCH COLLECTION PROGRAM.] 
  2.18     Subdivision 1.  [REMOVAL, REPLACEMENT, COLLECTION, AND 
  2.19  RECOVERY OF MOTOR VEHICLE MERCURY SWITCHES.] By January 1, 2005, 
  2.20  every manufacturer of motor vehicles sold within the state 
  2.21  shall, individually or as part of a group, implement a program 
  2.22  to remove, collect, and recover mercury switches before crushing 
  2.23  or shredding motor vehicles. 
  2.24     Subd. 2.  [PROGRAM COMPONENTS.] The mercury switch 
  2.25  collection program, at a minimum, must include: 
  2.26     (1) a mercury switch capture rate of at least 90 percent 
  2.27  from end-of-life motor vehicles, consistent with the principle 
  2.28  that the mercury switch must be recovered unless it is 
  2.29  inaccessible due to significant damage to the motor vehicle in 
  2.30  the area surrounding the switch if the switch is recovered; 
  2.31     (2) a plan for implementing the program that uses existing 
  2.32  motor vehicle end-of-life recycling infrastructure to the extent 
  2.33  possible and: 
  2.34     (i) allows recyclers and crushers to collect either mercury 
  2.35  switch assemblies or mercury pellets to increase collection 
  2.36  rates; 
  3.1      (ii) ensures that motor vehicles processed for shredding or 
  3.2   crushing are marked to indicate presence or absence of switches 
  3.3   and switch removal; 
  3.4      (iii) establishes a reporting system to track switch 
  3.5   removal, including make, model, year of car, and presence of 
  3.6   switches; 
  3.7      (iv) provides appropriate containers for collection of 
  3.8   mercury switches; 
  3.9      (v) ensures that mercury switches collected are processed, 
  3.10  recycled, stored, or disposed of in an environmentally sound 
  3.11  manner; and 
  3.12     (vi) allows for voluntary switch removal from motor 
  3.13  vehicles in commerce; 
  3.14     (3) a plan, in collaboration with the Office of 
  3.15  Environmental Assistance and other stakeholders, to provide 
  3.16  training and assistance to motor vehicle recyclers and other 
  3.17  businesses dealing with end-of-life motor vehicles and to 
  3.18  dealers of motor vehicles in commerce; 
  3.19     (4) a description of performance measures the manufacturer 
  3.20  will use on an annual basis to demonstrate to the commissioner 
  3.21  that the system is meeting the 90 percent capture rate, 
  3.22  including, but not limited to, the number of switches collected, 
  3.23  the amount of mercury collected, the number of motor vehicles 
  3.24  containing mercury switches, and the number of motor vehicles 
  3.25  processed for recycling; and 
  3.26     (5) a plan for program financing that allocates costs among 
  3.27  manufacturers without placing additional burdens on dealers or 
  3.28  businesses dealing with end-of-life motor vehicles. 
  3.29     Subd. 3.  [PROGRAM FINANCING.] The manufacturer or 
  3.30  manufacturers shall bear the total cost of the mercury switch 
  3.31  collection program, including costs for the following: 
  3.32     (1) training materials and containers in which to transport 
  3.33  mercury switches to recycling, storage, or disposal facilities; 
  3.34     (2) transporting, recycling, storage, and disposal of the 
  3.35  mercury switches in an environmentally sound manner; 
  3.36     (3) a minimum fee of $1 paid to motor vehicle recyclers for 
  4.1   each mercury switch assembly or mercury pellet collected from 
  4.2   any motor vehicle; and 
  4.3      (4) compensation to the Office of Environmental Assistance 
  4.4   at an agreed upon rate, if manufacturers and the Office of 
  4.5   Environmental Assistance agree that the office should administer 
  4.6   all or part of the program. 
  4.7      Subd. 4.  [SUBMISSION, APPROVAL, AND REVIEW OF THE 
  4.8   PLAN.] (a) Within 90 days of the effective date of this section, 
  4.9   every manufacturer of motor vehicles sold in this state shall, 
  4.10  individually or as part of a group, submit a plan to the 
  4.11  commissioner for a program meeting the requirements of 
  4.12  subdivision 2. 
  4.13     (b) Upon receipt of the plan, the commissioner shall 
  4.14  solicit comments from the public as to the efficacy of the plan 
  4.15  in achieving the 90 percent capture rate and preventing mercury 
  4.16  releases. 
  4.17     (c) Within 90 days of receipt of the plan, the commissioner 
  4.18  shall determine whether the plan complies with this section.  If 
  4.19  approved, the manufacturer shall implement the plan as soon as 
  4.20  practicable.  If the plan is rejected, the commissioner shall 
  4.21  inform the manufacturer of the reasons for rejection and the 
  4.22  manufacturer shall submit a new plan within 30 days.  If the 
  4.23  plan is approved in part and rejected in part, the commissioner 
  4.24  shall specify which parts should be implemented as soon as 
  4.25  practicable and which parts should be resubmitted within 30 
  4.26  days, along with reasons for the partial rejection. 
  4.27     (d) The commissioner shall review any plan approved under 
  4.28  this section three years after the original date of approval and 
  4.29  every three years thereafter, and may require modifications to 
  4.30  the plan as appropriate. 
  4.31     (e) The commissioner shall make available to the public and 
  4.32  to the legislature the reports required under section 115A.313. 
  4.33     Sec. 3.  [115A.313] [REPORTING.] 
  4.34     Beginning January 1, 2006, and annually thereafter, a 
  4.35  manufacturer subject to sections 115A.312 to 115A.315 shall, 
  4.36  individually or as part of a group, annually report to the 
  5.1   commissioner concerning the performance of the manufacturer's 
  5.2   plan.  The report must include, but not be limited to: 
  5.3      (1) a detailed description and documentation of the capture 
  5.4   rate achieved and how the mercury was recycled or otherwise 
  5.5   appropriately managed; and 
  5.6      (2) a plan to implement additional or alternative actions, 
  5.7   if necessary to improve the capture rate. 
  5.8      Sec. 4.  [115A.314] [REPRESENTATIONS.] 
  5.9      It is unlawful for any person to represent that mercury 
  5.10  switches have been removed from a motor vehicle or motor vehicle 
  5.11  hulk being sold, given, or otherwise conveyed for recycling or 
  5.12  crushing, if the mercury switches have not been removed. 
  5.13     Sec. 5.  [115A.315] [GENERAL COMPLIANCE WITH OTHER 
  5.14  PROVISIONS.] 
  5.15     The requirements of sections 115A.312 to 115A.314 are in 
  5.16  addition to any other requirements of federal or state law. 
  5.17     Sec. 6.  Minnesota Statutes 2002, section 116.92, 
  5.18  subdivision 3, is amended to read: 
  5.19     Subd. 3.  [LABELING; PRODUCTS CONTAINING MERCURY.] A 
  5.20  manufacturer or wholesaler may not sell and a retailer may not 
  5.21  knowingly sell any of the following items in this state that 
  5.22  contain mercury unless the item is labeled in a manner to 
  5.23  clearly inform a purchaser or, consumer, or motor vehicle 
  5.24  recycler that mercury is present in the item and that the item 
  5.25  may not be placed in the garbage or otherwise disposed of until 
  5.26  the mercury is removed and reused, recycled, or otherwise 
  5.27  managed to ensure that it does not become part of solid waste or 
  5.28  wastewater: 
  5.29     (1) a thermostat or thermometer; 
  5.30     (2) an electric switch or mercury-added component of a 
  5.31  motor vehicle, individually or as part of another product, other 
  5.32  than a motor vehicle; 
  5.33     (3) an appliance; 
  5.34     (4) a medical or scientific instrument; and 
  5.35     (5) an electric relay or other electrical device. 
  5.36     Sec. 7.  Minnesota Statutes 2002, section 116.92, 
  6.1   subdivision 4, is amended to read: 
  6.2      Subd. 4.  [REMOVAL FROM SERVICE; PRODUCTS CONTAINING 
  6.3   MERCURY.] (a) When an item listed in subdivision 3 is removed 
  6.4   from service the mercury in the item must be reused, recycled, 
  6.5   or otherwise managed to ensure compliance with section 115A.932. 
  6.6      (b) A person who is in the business of replacing or 
  6.7   repairing an item listed in subdivision 3 in households shall 
  6.8   ensure, or deliver the item to a facility that will ensure, that 
  6.9   the mercury contained in an item that is replaced or repaired is 
  6.10  reused or recycled or otherwise managed in compliance with 
  6.11  section 115A.932. 
  6.12     (c) A person may not crush a motor vehicle unless the 
  6.13  person has first made a good faith effort to recycler must 
  6.14  remove all of the mercury switches in the motor vehicle before 
  6.15  it is crushed.