AN ACT CONCERNING MERCURY SWITCHES AND DEVICES IN MOTOR VEHICLES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2005) For purposes of this section and sections 2 to 7, inclusive, of this act:

(1) "Mercury-added product" means any of the following items if it contains mercury added during manufacture: (A) A switch or other device, individually or as part of another product, used to measure, control or regulate gas, other fluids or electricity; (B) an electric relay or other electrical device; and (C) a lamp.

(2) "Mercury headlamp" means a mercury-added product that is a lamp that is mounted on the front of a motor vehicle to illuminate the roadway.

(3) "Mercury relay" means a mercury-added product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit. "Mercury relay" includes mercury displacement relays, mercury wetted reed relays and mercury contact relays.

(4) "Mercury switch" means a mercury-added product or device that opens or closes an electrical circuit or gas valve. "Mercury switch" includes mercury float switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a change in the switch position, mercury pressure switches actuated by a change in pressure, mercury temperature switches actuated by a change in temperature and mercury flame sensors. "Mercury switch" does not include a mercury-added thermostat.

(5) "Motor vehicle manufacturer" means "manufacturer", as defined in section 14-1 of the general statutes.

Sec. 2. (NEW) (Effective July 1, 2005) (a) No motor vehicle manufacturer may sell a motor vehicle manufactured on or after January 1, 2007, that contains a mercury switch or mercury headlamp.

(b) On and after January 1, 2007, no person may sell or distribute a mercury switch or mercury headlamp for installation in a motor vehicle.

Sec. 3. (NEW) (Effective July 1, 2005) On and after January 1, 2007, no person may cause a motor vehicle to be transferred to a motor vehicle recycler's business or motor vehicle recycler's yard, as defined in section 14-67g of the general statutes, without first removing any mercury switch or mercury headlamp that is a component of the motor vehicle, except that such business or yard may agree to accept a motor vehicle that has not been flattened, crushed or baled knowing it contains a mercury switch or mercury headlamp, in which case such business or yard shall be responsible for removing that component. On removal, mercury switches and mercury headlamps shall be collected, stored, transported and otherwise handled in accordance with the waste regulations adopted by the Department of Motor Vehicles under section 6 of this act.

Sec. 4. (NEW) (Effective July 1, 2005) A motor vehicle dealer, as defined in section 14-1 of the general statutes, and a new car dealer, used car dealer, repairer and limited repairer, as defined in section 14-51 of the general statutes, may participate in the mercury switch and mercury headlamp removal and collection effort pursuant to this section and sections 5, 6 and 7 of this act as long as such dealer or repairer, before commencing removal, notifies the Department of Motor Vehicles and receives such training as may be required by the department. Any person who removes a mercury switch or headlamp from a motor vehicle before the motor vehicle is removed from service shall affix an official sticker, designed by the Department of Motor Vehicles pursuant to section 6 of this act, to the motor vehicle to indicate that the switch or lamp has been removed. The stickers shall be made available by the department and shall be affixed to the doorpost or other location specified by the department. No person may install a mercury switch or lamp in a motor vehicle to which the sticker is affixed.

Sec. 5. (NEW) (Effective July 1, 2005) (a) Each motor vehicle manufacturer of motor vehicles that contain mercury switches or mercury headlamps shall, individually or collectively, do the following:

(1) On and after January 1, 2006, establish and maintain consolidation facilities, geographically located to serve all areas of the state, to which mercury switches and mercury headlamps removed pursuant to this section may be transported by the persons performing the removal. A consolidation facility may not be a facility or part of a facility that is licensed in the state as a new car dealer or used car dealer;

(2) Pay a minimum of one dollar for each mercury switch and headlamp brought to the consolidation facilities for the removal, storage and transport of the switches and headlamps;

(3) Ensure that mercury switches and headlamps redeemed at the consolidation centers are managed in accordance with the waste regulations adopted by the Department of Motor Vehicles under section 6 of this act; and

(4) Provide the Department of Motor Vehicles and persons who remove motor vehicle switches and headlamps under this section with information, training and other technical assistance required to facilitate removal and recycling of the switches and headlamps in accordance with the waste regulations adopted by the Department of Motor Vehicles under section 6 of this act, including, but not limited to, information identifying the motor vehicle models that contain or may contain mercury switches or mercury headlamps.

(b) Any person who removes a mercury switch or headlamp pursuant to sections 1 to 7, inclusive, of this act, shall not be required to segregate switches or headlamps separately according to each motor vehicle model or to each manufacturer from which the switches and headlamps are removed.

Sec. 6. (NEW) (Effective July 1, 2005) (a) No later than January 1, 2006, the Commissioner of Motor Vehicles shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of sections 1 to 7, inclusive, of this act, to establish standards by which mercury switches and mercury headlamps in motor vehicles shall be handled as waste, to set a goal for the number of pounds of mercury from mercury switches and headlamps each motor vehicle manufacturer will collect and recycle each year and to require each motor vehicle manufacturer to submit, annually, to the commissioner a plan of how each such manufacturer will meet such goal.

(b) The Department of Motor Vehicles shall (1) provide training on the waste regulations adopted by the department under this section and on the safe removal and proper handling of such switches and headlamps; (2) design and distribute the stickers required under section 4 of this act; and (3) make available to the public, information concerning services to remove mercury switches and mercury headlamps in motor vehicles.

Sec. 7. (NEW) (Effective July 1, 2005) On or before January 1, 2006, and annually thereafter, each motor vehicle manufacturer shall report to the joint standing committees of the General Assembly having cognizance of matters relating to motor vehicles and the environment, in accordance with the provisions of section 11-4a of the general statutes, matters on any fee or other charge collected on the sale of new motor vehicles for the purpose of paying the cost of carrying out the manufacturer's responsibilities under sections 5 and 6 of this act. The report shall specify the amount of the fee or charge collected and how the amount of the fee or charge was determined. On or before July 1, 2006, and annually thereafter, motor vehicle manufacturers shall report, in writing, to the Department of Motor Vehicles and the Department of Environmental Protection on the number of mercury switches and headlamps removed and recycled from motor vehicles during the previous calendar year, the estimated total amount of mercury contained in such switches and headlamps and any recommendations to improve the future collection and recycling of motor vehicle components.

Statement of Purpose:

To prohibit the sale of motor vehicles containing mercury switches and headlamps and to establish a program to recover such switches and headlamps when motor vehicles are recycled.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]