Rep. Karen May
Filed: 3/16/2005
 
 

 




 

 		












09400HB1628ham002

LRB094 02848 RSP 43890 a






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AMENDMENT TO HOUSE BILL 1628




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    AMENDMENT NO. ______. Amend House Bill 1628, AS AMENDED, 
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with reference to page and line numbers of House Amendment 1, 
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on page 7, immediately after line 30, by inserting the 
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following:

 
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    "Section 40. Phase-out of mercury-added vehicle 
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components. To prevent emissions or other releases of mercury 
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from vehicles, effective 2 vehicle model years from the 
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effective date of this Act, no mercury-added component shall be 
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included as part of a new vehicle offered for sale in Illinois. 
 
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    Section 45. Exemptions. 
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    (a)  A mercury-added component that is necessary in a 
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vehicle to ensure compliance with federal or State health and 
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safety requirements, or for purposes of national security, 
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shall be exempt from the requirements of Section 40 of this 
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Act, provided that:
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        (1)   the manufacturer applies or reapplies for an 
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    exemption to the Agency; and 
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        (2)   the application is in writing, in a form acceptable 
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    to the Agency, and the application states the need for an 
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    exemption and the legal basis for an exemption. 
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            (A)   The application must include documentation 
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        that there is "no technically feasible alternative" to 
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        the use of mercury in the component and that there is 
 


 






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        no comparable mercury-free component available at 
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        reasonable cost to address the health or safety 
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        requirement or issue of national security. "No 
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        technically feasible alternative" does not include the 
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        use of mercury for the purpose of marketing.
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            (B)   The applicant must include a description of how 
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        the manufacturer will fund the system for the proper 
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        removal, collection, and recovery of the mercury-added 
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        component while the vehicle is in commerce and at the 
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        end of the vehicle's useful life.
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            (C)  Subject to the issuance of public notice and 
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        solicitations of public comment, the Agency shall 
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        accept or reject the application for exemption within 
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        90 days. 
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    (b)   An exemption application may be submitted to the 
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Agency, subject to public notice and comment, for safety 
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components not required by federal or State law. An exemption 
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may only be granted upon clear demonstration that:
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        (1) such components will substantially increase public 
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    health and safety, taking into account any impacts the 
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    components may have on overall on-road public safety and 
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    the life-cycle impacts of the mercury use; and
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        (2)   there is no technically feasible alternative to the 
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    use of mercury in the component.
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    (c) An exemption granted under this Section by the Agency 
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shall be valid for a period not to exceed 2 years.
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    (d) Exemptions granted under this Section shall be 
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renewable for periods not to exceed 2 years.
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    (e) If granted an exemption, any vehicle that may contain a 
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mercury-added component shall be labeled by the manufacturer in 
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a manner to clearly inform purchasers that mercury is present 
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in the vehicle and that the component may not be disposed of or 
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placed in a waste stream destined for disposal until the 
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mercury is removed, reused, recovered, properly disposed of as 
 


 






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a hazardous waste, or otherwise managed to ensure that the 
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mercury does not become mixed with other solid waste. The label 
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shall identify the component with sufficient detail so that it 
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may be readily located for removal. The label shall be placed 
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on the doorpost of each vehicle that may contain a 
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mercury-added component and be constructed of materials that 
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are sufficiently durable to remain legible for the useful life 
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of the vehicle.
 
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    Section 50. Design for recycling. Manufacturers, when 
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designing vehicles and their components, shall:
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        (1)   To the maximum extent practicable, eliminate toxic 
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    substances from their vehicles.
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        (2)   Insure that their vehicles are designed to be 
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    recycled in a safe, cost effective, and environmentally 
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    sound manner, using existing technologies, entities, and 
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    infrastructures.
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        (3) Where a vehicle is found to present environmental 
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    risks that make it uneconomical to recycle, make 
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    appropriate design or manufacturing changes.".