§ 6C — Restrictions on use and sale of mercury-added vehicle switches; plan for removal and recycling of mercury-added components in end-of-life vehicles

Section 6C. (a) No person shall sell or offer to sell or distribute a motor vehicle manufactured on or after January 1, 2007, containing 1 or more mercury-added vehicle switches.(b) No person shall sell or offer to sell or distribute a mercury-added vehicle switch for new installation in a motor vehicle.(c) If a mercury-added vehicle switch in a motor vehicle in commerce requires replacement, it shall be replaced with a non-mercury alternative. If a non-mercury alternative is not commercially available, replacement with a non-mercury alternative shall not be required. If the mercury-added vehicle switch requiring replacement is a component of an anti-lock braking system or an airbag, replacement with a non-mercury alternative shall not be required.(d) No person shall crush, cause to be crushed or otherwise arrange for an end-of-life motor vehicle to be crushed without first having removed any mercury-added components, including, but not limited to, mercury-added vehicle switches. A scrap recycling facility may agree to accept an end-of-life motor vehicle that has not been flattened, crushed or baled containing mercury-added components. If accepted, the scrap recycling facility is responsible for proper removal, recycling, transporting, storage and general containment of all mercury-added components in accordance with chapter 21C and the department's regulations concerning hazardous waste.(e) Any person or facility removing a mercury-added component from a vehicle in commerce or from an end-of-life vehicle shall manage the mercury-added component in accordance with chapter 21C and the department's regulations concerning hazardous waste.(f) No later than August 1, 2007, every automobile manufacturer shall, individually or as a group, develop and file with the department and implement a plan that describes the proper removal, recycling, transportation, storage and general containment of mercury-added switches from end-of-life vehicles in accordance with chapter 21C and the department's regulations concerning hazardous waste.(g) The plan shall include, at a minimum:-(1) a method of collecting mercury-added vehicle switches after removal from motor vehicles;(2) provisions for identifying or establishing and using facilities where mercury-added vehicle switches may be received and accepted from vehicle recyclers, scrap recyclers and all other persons removing mercury-added vehicle switches from vehicles;(3) provisions for transporting mercury-added vehicle switches collected pursuant to clause (1) of subsection (g) to facilities pursuant to clause (2) of said subsection (g);(4) a program to provide information, training and technical assistance to vehicle recyclers, scrap recyclers and all other persons removing mercury-added vehicle switches from motor vehicles;(5) a program which is designed to achieve a mercury-added vehicle switch capture rate of at least 90 per cent, consistent with the principle that mercury-added vehicle switches shall be recovered unless the mercury-added vehicle switch is inaccessible due to significant damage to the motor vehicle in the area surrounding where the mercury-added vehicle switch is located;(6) a financing system for the total cost of removal, collection, record keeping and recovery of mercury-added vehicle switches that shall be borne by the automobile manufacturers and that shall include, but not be limited to, $3 for every mercury-added vehicle switch removed by a vehicle recycler or scrap recycling facility as partial compensation for labor and other costs incurred by a vehicle recycler or scrap recycling facility in the removal of the mercury-added vehicle switch.(h) In developing a removal, collection, record keeping and recovery system, automobile manufacturers shall, to the extent practicable, use the existing end-of-life vehicle recycling infrastructure. If an automobile manufacturer does not use such infrastructure, the automobile manufacturer shall include in its plan reasons for establishing a separate removal, collection and recovery system.(i) After the plan is filed with the department, each automobile manufacturer shall certify to the department, in writing on an annual basis, that it is implementing the plan in accordance with this section.(j) The department shall evaluate the compliance of all persons subject to this section by conducting audits, inspections or implementing other compliance measures it considers appropriate.(k) Automobile manufacturers shall report annually to the department and joint committee on environment, natural resources and agriculture. The report shall, at a minimum, include the following:(1) The number of mercury-added vehicle switches removed during the previous year; and(2) Where and how the mercury-added vehicle switches are stored, recycled or otherwise disposed of.(l) Not later than January 1, 2007, automobile manufacturers and vehicle recyclers shall provide the department with the number of end-of-life vehicles with mercury-added vehicle switches in the commonwealth in calendar year 2005 and the projected numbers for end-of-life vehicles in the commonwealth for each calendar year thereafter until 2030.(m) Automobile manufacturers who have never installed mercury-added vehicle switches in their motor vehicles shall be exempt from this section.(n) (1) An automobile manufacturer may create an alternative plan, organized, managed and financed by the automobile manufacturer, that will be exempt from clauses (5) and (6) of subsection (g) if:-(i) the automobile manufacturer submits a plan, in writing to the department that describes the proper removal, recycling, transportation, storage and general containment of mercury-added switches from end-of-life vehicles in accordance with chapter 21C and the department's regulations concerning hazardous waste, that meets the requirements of clauses(1) to (4), inclusive, of subsection (g);(ii) the alternate plan is implemented no later than January 1, 2007;(iii) the automobile manufacturer demonstrates that the plan's capture rate is equal to or greater than 50 per cent by December 31, 2007, as determined by the department; and(iv) the automobile manufacturer demonstrates that the plan's capture rate is equal to or greater than 90 per cent by December 31, 2008, as determined by the department.(2) Nothing in this section shall prohibit an automobile manufacturer from substituting a new plan in accordance with, and subject to the requirements of, subsection (o).(3) If no alternative plan is in effect by January 1, 2007, pursuant to this section, the automobile manufacturer shall comply with subsection (g).(4) If the department determines that an automobile manufacturer is not in compliance with this subsection, the automobile manufacturer shall comply with subsection (g) within 30 days of the determination by the department.(o) If an automobile manufacturer's plan under subsection (g) has been in effect for at least 1 year, the automobile manufacturer may submit an alternate plan to the department for approval. The alternate plan shall meet the following criteria:(1) The alternate plan has been in effect for at least 1 year in another state and can be implemented statewide;(2) The alternate plan has achieved at least a 90 per cent capture rate in that state; and(3) The alternate plan, to the extent practicable, uses the existing end-of-life vehicle recycling infrastructure in the commonwealth.(p) When considering whether to approve an alternate plan pursuant to subsections (n) and (o), the department shall take into consideration the environmental impact in the commonwealth and the economic impact on Massachusetts businesses.(q) Approval of the alternate plan pursuant to subsections (n) and (o) by the department shall release the automobile manufacturer from its obligations under its original plan, starting on the effective date of the alternate plan.(r) An alternate plan may include an agreement between automobile manufacturers and automobile dealers to remove switches before the vehicle reaches its end-of-life.(s) Vehicle recyclers shall, before delivering or selling automobile bodies to scrap recycling facilities, certify in writing, in a form approved by the department, that all mercury-added vehicle switches have been removed.