S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3807
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M. of A. COLTON, SALADINO -- Multi-Sponsored by -- M. of
   A. RIVERA -- read once and referred to the Committee on  Environmental
   Conservation
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   disposal and removal of mercury switches from automobiles

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  27-2101 of the environmental conservation law is
 amended by adding three new subdivisions  30,  31  and  32  to  read  as
 follows:
   30. "MOTOR VEHICLE MERCURY SWITCH" MEANS A LIGHT SWITCH OR AN ANTILOCK
 BRAKING  SYSTEM  SWITCH  THAT  CONTAINS MERCURY AND WAS INSTALLED BY THE
 MANUFACTURER IN A MOTOR VEHICLE.
   31. "END OF LIFE VEHICLE" MEANS ANY IDENTIFIABLE MOTOR  VEHICLE,  WITH
 OR  WITHOUT  ALL  COMPONENT  PARTS,  WHICH IS IN SUCH CONDITION THAT ITS
 HIGHEST OR PRIMARY VALUE IS EITHER IN ITS SALE FOR  REUSABLE  COMPONENTS
 OR RECYCLABLE MATERIALS.
   32.  "AUTOMOTIVE  RECYCLER"  MEANS  AN  INDIVIDUAL OR BUSINESS THAT IS
 ENGAGED IN THE ACT OF BUYING OR ACQUIRING MOTOR VEHICLES FOR THE PURPOSE
 OF DISMANTLING, SELLING, OR OTHERWISE PROCESSING COMPONENTS AND RECYCLA-
 BLE MATERIALS, AND IS LICENSED BY THE DEPARTMENT OF MOTOR VEHICLES AS  A
 VEHICLE DISMANTLER.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 27-2119 to read as follows:
 § 27-2119. REMOVAL, COLLECTION AND RECOVERY  OF  MOTOR  VEHICLE  MERCURY
              SWITCHES.
   1.  MANUFACTURERS  OF MOTOR VEHICLES SOLD AT RETAIL IN THIS STATE THAT
 CONTAIN "MOTOR VEHICLE MERCURY SWITCHES" SHALL, INDIVIDUALLY OR  COLLEC-
 TIVELY,  ESTABLISH  AND  IMPLEMENT A COLLECTION AND RECOVERY PROGRAM FOR
 SUCH SWITCHES. ALL MANUFACTURERS OF MOTOR VEHICLES  SOLD  AT  RETAIL  IN
 THIS  STATE  SHALL  SUBMIT  TO THE DEPARTMENT FOR REVIEW AND APPROVAL, A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02351-01-7

 A. 3807                             2
 
 PROPOSED PLAN TO REMOVE,  COLLECT  AND  RECOVER  MOTOR  VEHICLE  MERCURY
 SWITCHES  FROM END OF LIFE VEHICLES. SUCH COLLECTION AND RECOVERY SYSTEM
 SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
   (A) INFORMATION IDENTIFYING THE MAKE, MODEL AND YEAR OF MOTOR VEHICLES
 EQUIPPED WITH MOTOR VEHICLE MERCURY SWITCHES;
   (B) A DESCRIPTION OF THE ACCEPTABLE METHODS OF REMOVAL OF SUCH SWITCH-
 ES; AND
   (C)  A  METHOD TO COLLECT AND STORE SWITCHES AND THE MERCURY RECOVERED
 FROM THEM.
   2. MANUFACTURERS SHALL BEAR THE TOTAL COST OF IMPLEMENTING THE  SYSTEM
 AND  THE  REMOVAL, AND COLLECTION OF SWITCHES. SUCH COSTS SHALL INCLUDE,
 BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A) THE PROVISION OF AN APPROPRIATE CONTAINER OR CONTAINERS FOR USE BY
 AUTOMOTIVE RECYCLERS FOR THE SAFE STORAGE OF AND  TRANSPORT  OF  MERCURY
 SWITCHES EXTRACTED FROM END OF LIFE VEHICLES;
   (B)  ACCEPTANCE,  STORAGE  AND  TRANSPORT  OF  ANY  APPROVED CONTAINER
 CONTAINING MERCURY SWITCHES ALONG WITH THE PAYMENT  OF  A  FEE  OF  FOUR
 DOLLARS  FOR  EACH MOTOR VEHICLE MERCURY SWITCH REMOVED BY AN AUTOMOTIVE
 RECYCLER AND DELIVERED TO SUCH MANUFACTURER.  THE  FEE  SHALL  SERVE  AS
 PARTIAL COMPENSATION FOR SUCH RECYCLER'S LABOR AND ANY OTHER COSTS ASSO-
 CIATED WITH SUCH MERCURY SWITCH REMOVAL;
   (C)  THE PACKAGING AND CONTAINER NECESSARY FOR COLLECTION AND SHIPMENT
 OF MERCURY SWITCHES TO RECYCLING, STORAGE OR DISPOSAL FACILITIES;
   (D) THE COST OF SHIPPING MOTOR VEHICLE MERCURY SWITCHES TO  RECYCLING,
 STORAGE OR DISPOSAL FACILITIES; AND
   (E) THE COST OF RECYCLING, STORAGE OR DISPOSAL OF MOTOR VEHICLE MERCU-
 RY ADDED SWITCHES.
   3.  WITHIN  NINETY  DAYS  OF THE RECEIPT OF A MANUFACTURER'S PLAN, THE
 DEPARTMENT SHALL DETERMINE WHETHER THE PLAN COMPLIES WITH THE PROVISIONS
 OF THIS SECTION, AND APPROVE OR DISAPPROVE THE PLAN.  IF  SUCH  PLAN  IS
 APPROVED, THE MANUFACTURER SHALL BEGIN IMPLEMENTATION OF THE PLAN WITHIN
 THIRTY DAYS OF RECEIPT OF THE APPROVAL FROM THE DEPARTMENT. IF SUCH PLAN
 IS  DISAPPROVED,  THE DEPARTMENT SHALL INFORM THE MANUFACTURER AS TO THE
 REASONS THE PLAN  WAS  DISAPPROVED.  THE  MANUFACTURER  SHALL  SUBMIT  A
 REVISED PLAN WITHIN THIRTY DAYS OF RECEIPT OF A NOTICE OF DISAPPROVAL.
   4. (A) EVERY AUTOMOTIVE RECYCLER SHALL REMOVE ANY MERCURY SWITCH IN AN
 END OF LIFE VEHICLE PRIOR TO DISMANTLING THE VEHICLE OR SENDING IT TO BE
 SHREDDED,  CRUSHED  OR  OTHERWISE  DESTROYED. AFTER REMOVING THE MERCURY
 SWITCH THE AUTOMOTIVE RECYCLER SHALL PLACE THE  SWITCH  IN  A  CONTAINER
 PROVIDED  BY THE MANUFACTURER. WHEN THE CONTAINER IS FULL THE AUTOMOTIVE
 RECYCLER SHALL RETURN  THE  CONTAINER  TO  THE  MANUFACTURER  WHO  SHALL
 DISPOSE OF THE SWITCHES IN ACCORDANCE WITH STATE AND FEDERAL LAW.
   (B)  THE  AUTOMOTIVE  RECYCLER SHALL CERTIFY THAT ANY AND ALL SWITCHES
 HAVE BEEN REMOVED FROM AN END OF LIFE VEHICLE PRIOR TO SHREDDING, CRUSH-
 ING OR OTHERWISE DESTROYING THE VEHICLE. NO PERSON SHALL REPRESENT  THAT
 MOTOR  VEHICLE  MERCURY  SWITCHES  HAVE BEEN REMOVED FROM AN END OF LIFE
 VEHICLE, SOLD, GIVEN OR  OTHERWISE  CONVEYED  FOR  RECYCLING  WHEN  SUCH
 PERSON  KNOWS  OR  HAS  REASON TO KNOW, THAT SUCH SWITCHES HAVE NOT BEEN
 REMOVED.
   § 3. 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.