S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1659

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. COLTON, ENGLEBRIGHT -- Multi-Sponsored by -- M.
  of A. DINOWITZ, KOON, PAULIN -- read once and referred to the  Commit-
  tee on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  recovery of mercury-added components from end-of-life vehicle

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The title heading of title 21 of article 27 of the environ-
mental conservation law, as added by chapter 145 of the laws of 2004, is
amended to read as follows:

                         MERCURY-ADDED CONSUMER
                       PRODUCTS AND MERCURY-ADDED
                        MOTOR VEHICLE COMPONENTS

  S  2. Subdivision 29 of section 27-2101 of the environmental conserva-
tion law, as added by chapter 611 of the laws of 2006,  is  amended  and
five  new  subdivisions  30,  31,  32,  33  and  34 are added to read as
follows:
  29. "Mercury-added component" means a  motor  vehicle  component  that
contains  [greater than fifteen milligrams of] mercury, which was inten-
tionally added to such vehicle in order to provide a specific character-
istic, appearance or quality, to perform a specific function, or for any
other purpose. Such components shall include, but  not  be  limited  to,
switches, sensors, lights and navigational systems.
  30.  "CAPTURE  RATE"  MEANS THE REMOVAL, COLLECTION AND RECOVERY, AS A
PERCENTAGE OF THE TOTAL MERCURY ANNUALLY AVAILABLE FROM  MOTOR  VEHICLES
IN COMMERCE AND END-OF-LIFE VEHICLES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01327-01-9

              

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  31.  "END-OF-LIFE  VEHICLE"  MEANS  ANY  MOTOR  VEHICLE SOLD, GIVEN OR
OTHERWISE CONVEYED TO A VEHICLE RECYCLER OR SCRAP RECYCLING FACILITY FOR
THE PURPOSE OF RECYCLING.
  32.  "MOTOR  VEHICLE  MERCURY-ADDED SWITCH" MEANS A LIGHT SWITCH OR AN
ANTI-LOCK BRAKING SYSTEM SWITCH THAT CONTAINS MERCURY AND WAS  INSTALLED
BY THE MANUFACTURER IN A MOTOR VEHICLE.
  33. "SCRAP RECYCLING FACILITY" MEANS A FIXED LOCATION, WHERE MACHINERY
AND EQUIPMENT ARE USED FOR PROCESSING AND MANUFACTURING SCRAP METAL INTO
PREPARED  GRADES  OF  METAL  AND THE PRINCIPAL PRODUCT OF WHICH IS SCRAP
IRON, SCRAP STEEL OR NONFERROUS  METAL  SCRAP  FOR  SALE  FOR  REMELTING
PURPOSES.
  34. "VEHICLE RECYCLER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE BUSI-
NESS  OF ACQUIRING, DISMANTLING OR DESTROYING SIX OR MORE MOTOR VEHICLES
DURING ANY CALENDAR YEAR FOR THE PRIMARY PURPOSE OF RESELLING THE  PARTS
OF SUCH VEHICLES.
  S  3.  The  environmental  conservation law is amended by adding a new
section 27-2119 to read as follows:
S 27-2119. REMOVAL, COLLECTION AND RECOVERY OF MOTOR VEHICLE MERCURY-AD-
             DED SWITCHES.
  1. MANUFACTURER'S RESPONSIBILITIES. (A) MANUFACTURERS OF  MOTOR  VEHI-
CLES SOLD AT RETAIL IN THIS STATE THAT CONTAIN MOTOR VEHICLE MERCURY-AD-
DED  SWITCHES  SHALL, INDIVIDUALLY OR COLLECTIVELY, ESTABLISH AND IMPLE-
MENT A COLLECTION PROGRAM FOR SUCH SWITCHES TO ACHIEVE A CAPTURE RATE OF
NOT LESS THAN FIFTY PERCENT FOR CALENDAR YEAR TWO THOUSAND TEN  AND  NOT
LESS THAN SEVENTY PERCENT FOR CALENDAR YEAR TWO THOUSAND ELEVEN AND EACH
CALENDAR YEAR THEREAFTER THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-ONE.
  (B)  WITHIN  NINETY  DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EVERY
MANUFACTURER OF MOTOR VEHICLES SOLD AT RETAIL IN THIS STATE SHALL SUBMIT
TO THE DEPARTMENT FOR REVIEW AND APPROVAL, A PLAN TO REMOVE, COLLECT AND
RECOVER MOTOR VEHICLE MERCURY-ADDED SWITCHES FROM END-OF-LIFE  VEHICLES.
SUCH  REMOVAL,  COLLECTION AND RECOVERY SYSTEM SHALL INCLUDE, AT A MINI-
MUM, THE FOLLOWING:
  (I) AN EDUCATION PROGRAM TO INFORM THE PUBLIC ABOUT  THE  PURPOSES  OF
SUCH SYSTEM AND HOW TO PARTICIPATE IN IT;
  (II)  A  PLAN  FOR  IMPLEMENTING AND FINANCING SUCH SYSTEM PURSUANT TO
THIS SUBDIVISION;
  (III) DOCUMENTATION OF THE WILLINGNESS OF  ALL  NECESSARY  PARTIES  TO
IMPLEMENT A PROPOSED SYSTEM;
  (IV) INFORMATION IDENTIFYING THE MAKE, MODELS AND YEARS OF MOTOR VEHI-
CLES  EQUIPPED  WITH MOTOR VEHICLE MERCURY-ADDED SWITCHES, A DESCRIPTION
OF THE MERCURY-ADDED COMPONENTS IN SUCH MOTOR VEHICLES, THE LOCATIONS OF
SUCH COMPONENTS, AND THE SAFE, COST-EFFECTIVE AND ENVIRONMENTALLY  SOUND
METHODS OF REMOVAL OF SUCH COMPONENTS;
  (V)  A  DESCRIPTION  OF  THE  PERFORMANCE  MEASURES TO BE UTILIZED AND
REPORTED UPON BY THE MANUFACTURER TO DEMONSTRATE  THAT  SUCH  SYSTEM  IS
MEETING  THE  CAPTURE RATE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
AND OTHER MEASURES OF THE EFFECTIVENESS OF SUCH  SYSTEM  INCLUDING,  BUT
NOT  LIMITED  TO,  THE  NUMBER  OF  MOTOR VEHICLE MERCURY-ADDED SWITCHES
COLLECTED FROM END-OF-LIFE VEHICLES, THE AMOUNT  OF  MERCURY  COLLECTED,
THE  NUMBER  OF MOTOR VEHICLES EQUIPPED WITH MOTOR VEHICLE MERCURY-ADDED
SWITCHES, AND THE NUMBER OF MOTOR VEHICLES PROCESSED FOR RECYCLING;
  (VI) A DESCRIPTION OF ADDITIONAL OR ALTERNATIVE ACTIONS TO  BE  IMPLE-
MENTED TO IMPROVE SUCH SYSTEM AND ITS OPERATION IN THE EVENT THE CAPTURE
RATE ESTABLISHED BY THIS SUBDIVISION IS NOT MET; AND

A. 1659                             3

  (VII)  A PLAN TO STORE THE MERCURY COLLECTED AND RECOVERED FROM MERCU-
RY-ADDED  COMPONENTS  IN  THE  EVENT  THAT  ENVIRONMENTALLY  APPROPRIATE
MANAGEMENT TECHNOLOGIES ARE NOT AVAILABLE.
  (C) IN DEVELOPING A MERCURY COMPONENT REMOVAL, COLLECTION AND RECOVERY
SYSTEM,  MANUFACTURERS  SHALL,  TO  THE  EXTENT PRACTICABLE, UTILIZE ITS
FRANCHISED MOTOR VEHICLE DEALERS, SERVICE STATIONS, INSPECTION STATIONS,
REPAIR SHOPS AND OTHER FACILITIES WHICH REGULARLY  SERVICE  MOTOR  VEHI-
CLES.  IN THE EVENT THAT A MANUFACTURER DOES NOT UTILIZE SUCH RESOURCES,
IT SHALL INCLUDE IN ITS  PLAN  THE  REASONS  FOR  ESTABLISHING  SEPARATE
REMOVAL, COLLECTION AND RECOVERY RESOURCES.
  (D) IN DEVELOPING A RECOVERY SYSTEM FOR END-OF-LIFE VEHICLES, MANUFAC-
TURERS  SHALL,  TO  THE EXTENT PRACTICABLE, UTILIZE EXISTING END-OF-LIFE
VEHICLE RECYCLING FACILITIES. IN THE EVENT THAT A MANUFACTURER DOES  NOT
UTILIZE  SUCH  FACILITIES,  IT SHALL INCLUDE IN ITS PLAN THE REASONS FOR
ESTABLISHING SEPARATE REMOVAL, COLLECTION AND RECOVERY FACILITIES.
  (E) MANUFACTURERS SHALL BEAR THE TOTAL COST OF THE REMOVAL, COLLECTION
AND RECOVERY SYSTEM FOR MOTOR  VEHICLE  MERCURY-ADDED  SWITCHES.    SUCH
COSTS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  (I) TWO DOLLARS FOR EACH MOTOR VEHICLE MERCURY-ADDED SWITCH REMOVED BY
A VEHICLE RECYCLER, AS PARTIAL COMPENSATION FOR LABOR AND OTHER COSTS;
  (II)  TWENTY-FIVE  CENTS  FOR  EACH MOTOR VEHICLE MERCURY-ADDED SWITCH
REMOVED AS PARTIAL COMPENSATION TO THE DEPARTMENT FOR ADMINISTRATION AND
ENFORCEMENT;
  (III) PACKAGING IN WHICH  TO  TRANSPORT  MOTOR  VEHICLE  MERCURY-ADDED
SWITCHES TO RECYCLING, STORAGE OR DISPOSAL FACILITIES;
  (IV)  SHIPPING  OF  MOTOR VEHICLE MERCURY-ADDED SWITCHES TO RECYCLING,
STORAGE OR DISPOSAL FACILITIES;
  (V) RECYCLING, STORAGE OR  DISPOSAL  OF  MOTOR  VEHICLE  MERCURY-ADDED
SWITCHES;
  (VI) PUBLIC EDUCATION MATERIALS AND PRESENTATIONS; AND
  (VII) MAINTENANCE OF ALL APPROPRIATE SYSTEMS AND PROCEDURES TO PROTECT
THE ENVIRONMENT FROM MERCURY CONTAMINATION.
  (F)  MANUFACTURERS  SHALL  ANNUALLY  SUBMIT  A  DETAILED REPORT TO THE
DEPARTMENT ON THE IMPLEMENTATION  OF  THEIR  PLANS.  SUCH  REPORT  SHALL
INCLUDE:
  (I)  A  DETAILED  DESCRIPTION  AND  DOCUMENTATION  OF THE CAPTURE RATE
ACHIEVED;
  (II) A PLAN TO IMPLEMENT ADDITIONAL OR ALTERNATIVE ACTIONS, IF  NECES-
SARY, TO IMPROVE THE CAPTURE RATE;
  (III)  A  LISTING  OF  THE  PUBLIC EDUCATIONAL INITIATIVES IMPLEMENTED
PURSUANT TO THIS SECTION; AND
  (IV) ANY CHANGES IN THE PARTICIPATION OF THE NECESSARY PARTIES FOR THE
PLAN TO BE EFFECTIVELY IMPLEMENTED.
  2. DEPARTMENT RESPONSIBILITIES. (A) WITHIN NINETY DAYS OF THE  RECEIPT
OF  A  MANUFACTURER'S  PLAN,  THE DEPARTMENT SHALL DETERMINE WHETHER THE
ENTIRE PLAN COMPLIES WITH THE PROVISIONS OF THIS SECTION,  AND  APPROVE,
DISAPPROVE OR CONDITIONALLY APPROVE THE PLAN.
  (I) IF SUCH PLAN IS APPROVED, THE MANUFACTURER SHALL BEGIN IMPLEMENTA-
TION  OF THE PLAN WITHIN THIRTY DAYS OF RECEIPT OF THE APPROVAL FROM THE
DEPARTMENT.
  (II) IF SUCH PLAN IS DISAPPROVED,  THE  DEPARTMENT  SHALL  INFORM  THE
MANUFACTURER AS TO THE REASONS THE PLAN WAS DISAPPROVED. THE MANUFACTUR-
ER SHALL SUBMIT A REVISED PLAN WITHIN THIRTY DAYS OF RECEIPT OF A NOTICE
OF DISAPPROVAL.
  (III)  IF  THE  PLAN  IS  CONDITIONALLY APPROVED, THE DEPARTMENT SHALL
INFORM THE MANUFACTURER AS TO THE REASONS  THE  PLAN  WAS  CONDITIONALLY

A. 1659                             4

APPROVED.   THE MANUFACTURER SHALL BE RESPONSIBLE FOR IMPLEMENTING THOSE
PORTIONS OF THE PLAN WHICH ARE APPROVED WITHIN THIRTY DAYS OF RECEIPT OF
THE DEPARTMENT'S NOTICE.  THE  MANUFACTURER  SHALL  BE  RESPONSIBLE  FOR
SUBMITTING A REVISED PLAN WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE OF
CONDITIONAL APPROVAL.
  (IV) IF AT THE END OF ONE HUNDRED TWENTY DAYS, THE MANUFACTURER'S PLAN
HAS  NOT  BEEN APPROVED, THE MANUFACTURER SHALL IMPLEMENT THOSE PORTIONS
OF THE PLAN THAT HAVE BEEN  APPROVED.  THE  DEPARTMENT  SHALL  IMPLEMENT
THOSE PORTIONS OF THE PLAN THAT HAVE BEEN DISAPPROVED.
  (B) THE DEPARTMENT SHALL REVIEW EACH MANUFACTURER'S PLAN AT LEAST ONCE
EVERY  THREE  YEARS, AND REQUIRE ANY SUCH MODIFICATIONS THERETO AS SHALL
BE NECESSARY.
  3. PROPER MANAGEMENT OF MERCURY-ADDED COMPONENTS.  (A)  EVERY  VEHICLE
RECYCLER   WHO   SELLS,  GIVES  OR  OTHERWISE  TRANSFERS  POSSESSION  OF
END-OF-LIFE VEHICLES TO A SCRAP RECYCLING FACILITY FOR  RECYCLING  SHALL
REMOVE  ALL MOTOR VEHICLE MERCURY-ADDED SWITCHES FROM SUCH VEHICLE PRIOR
TO DELIVERY TO SUCH FACILITY.
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
A SCRAP RECYCLING FACILITY MAY AGREE TO ACCEPT POSSESSION OF AN  END-OF-
LIFE  VEHICLE,  WHICH  HAS  NOT INTENTIONALLY BEEN FLATTENED, CRUSHED OR
BALED, AND WHICH IS EQUIPPED WITH MOTOR VEHICLE MERCURY-ADDED  SWITCHES.
EVERY SCRAP RECYCLING FACILITY TAKING POSSESSION OF SUCH A VEHICLE SHALL
BE  RESPONSIBLE  FOR  REMOVING  ALL MOTOR VEHICLE MERCURY-ADDED SWITCHES
THEREFROM.
  (C) NO PERSON SHALL REPRESENT THAT MOTOR VEHICLE MERCURY-ADDED SWITCH-
ES HAVE BEEN REMOVED FROM AN END-OF-LIFE VEHICLE SOLD, GIVEN  OR  OTHER-
WISE CONVEYED FOR RECYCLING WHEN SUCH PERSON KNOWS OR HAS REASON TO KNOW
THAT SUCH SWITCHES HAVE NOT BEEN REMOVED.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided  that  effec-
tive  immediately any rules, regulations and actions necessary to imple-
ment the provisions of this act on its effective date are authorized  to
be commenced and completed prior to such date.