79R16398 SGA-F
By: Bonnen H.B. No. 2793
A BILL TO BE ENTITLED
AN ACT
relating to the removal and collection of convenience switches from
motor vehicles; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Health and Safety Code, is
amended by adding Chapter 375 to read as follows:
CHAPTER 375. REMOVAL OF CONVENIENCE SWITCHES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 375.001. DEFINITIONS. In this chapter:
(1) "Capture rate" means the annual number of
convenience switches removed, collected, and recovered, expressed
as a percentage of the number of convenience switches estimated to
be available for removal in that year from end-of-life vehicles.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Convenience switch" means a capsule, commonly
known as a bullet, that:
(A) is part of a convenience light switch
assembly; and
(B) because of its mercury content, is the type
of switch subject to work practice standards promulgated by the
United States Environmental Protection Agency under Section 112 of
the federal Clean Air Act (42 U.S.C. Section 7412).
(4) "Convenience switch recovery program" means a
program for removing, collecting, and recovering convenience
switches from end-of-life vehicles in accordance with Subchapter B.
(5) "Eligible vehicle" means a vehicle identified by
information provided by the manufacturer to the commission under
Section 375.051 as a vehicle that might contain a convenience
switch.
(6) "End-of-life vehicle" means a vehicle that:
(A) has not been intentionally flattened,
crushed, shredded, or baled; and
(B) is sold, given, or otherwise conveyed to a
vehicle recycler or scrap metal recycling facility for the purpose
of recycling.
(7) "Executive director" means the executive director
of the commission.
(8) "Manufacturer" means:
(A) a person who is the last entity in the
production or assembly process of a new vehicle; or
(B) the importer or domestic distributor of the
vehicle, in the case of an imported vehicle.
(9) "Scrap metal recycling facility" means a facility
at a fixed location that uses equipment to process and refabricate
scrap metal into prepared grades and principally produces scrap
iron, scrap steel, or nonferrous metallic scrap for sale.
(10) "Vehicle" means any automobile, station wagon,
truck, van, or sport utility vehicle with a gross vehicle weight
rating of less than 12,000 pounds.
(11) "Vehicle recycler" means a person engaged in the
business of acquiring, dismantling, or preparing for recycling six
or more end-of-life vehicles in a calendar year for the primary
purpose of reselling the vehicles' parts. The term includes a
salvage vehicle dealer licensed under Chapter 2302, Occupations
Code.
Sec. 375.002. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to:
(1) a manufacturer of vehicles sold in this state that
contain or contained convenience switches; and
(2) a vehicle recycler or scrap metal recycling
facility in this state.
(b) The requirements of this chapter do not apply to a
manufacturer on or after the 10th anniversary of the date on which
the manufacturer last installed a convenience switch in a vehicle
sold in this state.
Sec. 375.003. PURPOSE; COMMISSION AUTHORITY TO AMEND
PROCEDURES. (a) It is the purpose of this chapter to establish a
convenience switch recovery program for this state that is
recognized by the United States Environmental Protection Agency as
a method of compliance with regulations promulgated under Section
112 of the federal Clean Air Act (42 U.S.C. Section 7412) to the
extent that the regulations recognize state convenience switch
recovery programs as a method of compliance.
(b) Consistent with the purpose expressed in Subsection
(a), the commission may amend procedures adopted to implement this
chapter to include additional program elements paid for from the
convenience switch recovery account established under Section
375.251 if, after January 1, 2007, the attorney general certifies
that the state will not have a recognized program without
implementing those additional elements based on:
(1) information included in the annual implementation
report required under Section 375.151; and
(2) a final written guidance document or rule,
including a preamble to the guidance document or rule, developed
for Section 112 of the federal Clean Air Act (42 U.S.C. Section
7412) and provided by the United States Environmental Protection
Agency.
Sec. 375.004. EXPIRATION. This chapter expires August 31,
2015.
[Sections 375.005-375.050 reserved for expansion]
SUBCHAPTER B. CONVENIENCE SWITCH RECOVERY PROGRAM
Sec. 375.051. MANUFACTURER PROGRAM COMPONENTS. (a) Each
manufacturer of vehicles sold in this state, individually or as
part of a group, shall, not later than January 1, 2006, implement a
program that provides the following:
(1) information identifying that manufacturer's
eligible vehicles, including:
(A) a description of the convenience switches
used by the manufacturer;
(B) the location on each vehicle of each
convenience switch;
(C) the safe and environmentally sound methods
for removing a convenience switch from an end-of-life vehicle; and
(D) the estimated number of convenience switches
available, for purposes of computing the capture rate;
(2) educational materials to assist a vehicle recycler
or scrap metal recycling facility in following a safe and
environmentally sound method to remove convenience switches from
end-of-life vehicles, including educational materials on hazards
presented by the content of a convenience switch and the proper
handling of that content;
(3) methods for recycling or disposing of the
manufacturer's convenience switches, including the method of
packaging and shipping a convenience switch to an authorized
recycling, storage, or disposal facility; and
(4) methods for the storage of a convenience switch
collected and recovered from an end-of-life vehicle if
environmentally appropriate recycling or disposal technologies are
not available.
(b) To the extent possible, a convenience switch recovery
program must use existing end-of-life vehicle infrastructure. If
that infrastructure is not used, the program must include reasons
for establishing a separate infrastructure.
Sec. 375.052. PACKAGING, SHIPPING, AND RECYCLING COSTS.
Each manufacturer, individually or as part of a group, shall pay the
costs of:
(1) packaging and shipping of the manufacturer's
convenience switches to recycling, storage, or disposal
facilities; and
(2) recycling, storing, or disposing of the
manufacturer's removed convenience switches.
Sec. 375.053. COSTS OF EDUCATIONAL MATERIALS. Each
manufacturer shall provide financing for:
(1) the preparation of educational materials required
under Section 375.051; and
(2) the distribution of those materials at workshops
that the commission is required to conduct as part of the
commission's technical assistance.
Sec. 375.054. PROVISION OF STORAGE CONTAINERS. Each
manufacturer, individually or as part of a group, shall pay for and
provide to each vehicle recycler and scrap metal recycling facility
containers suitable for the safe storage of convenience switches,
including switches encased in light assemblies from which the
switches cannot be removed.
Sec. 375.055. COMPLIANCE BONUS FEE. (a) This section takes
effect only if the attorney general certifies that the United
States Environmental Protection Agency has promulgated final
regulations under Section 112 of the federal Clean Air Act (42
U.S.C. Section 7412) that recognize state convenience switch
recovery programs as a method of compliance with those final
regulations and that require an incentive as provided by this
section for a program's approval by the United States Environmental
Protection Agency.
(b) The commission shall pay a fee not to exceed $2 per
convenience switch to the vehicle recycler or scrap metal recycling
facility as compensation for the labor and other costs incurred in
the removal of convenience switches.
(c) The commission shall adopt rules to implement this
section.
[Sections 375.056-375.100 reserved for expansion]
SUBCHAPTER C. CONVENIENCE SWITCH RECOVERY PROGRAM IMPLEMENTATION
Sec. 375.101. REMOVAL AND MANAGEMENT OF CONVENIENCE
SWITCHES. (a) In accordance with educational materials received
under this chapter, a vehicle recycler shall remove all convenience
switches from an end-of-life vehicle that is identified as an
eligible vehicle in the applicable convenience switch recovery
program before the vehicle recycler:
(1) crushes, flattens, bales, or shreds the vehicle;
or
(2) sells, gives, or otherwise conveys ownership of
the vehicle to:
(A) a scrap metal recycling facility for
recycling; or
(B) any other person for purposes of crushing or
other similar processing.
(b) If damage to a vehicle makes a convenience switch
inaccessible for removal, the vehicle recycler shall note the
location of the damage and of the switch on the normal business
records of the vehicle recycler. Except as provided by Subsection
(c), a vehicle recycler may not deliver a vehicle that contains a
convenience switch to a scrap metal recycling facility.
(c) A scrap metal recycling facility may accept an
end-of-life vehicle that contains a convenience switch if the
owner, operator, or other designated individual of the facility
agrees to remove the convenience switch before the vehicle is
flattened, crushed, shredded, or baled.
(d) It is a violation of this chapter for a vehicle recycler
or scrap metal recycling facility to bring a convenience switch
into this state that was removed from a motor vehicle outside this
state for the purpose of receiving compensation from the commission
under Section 375.055(b) or under a procedure amended by the
commission under Section 375.003(b).
Sec. 375.102. VEHICLE RECYCLER AND SCRAP METAL RECYCLING
FACILITY RECORDS. (a) A vehicle recycler or scrap metal recycling
facility that removes convenience switches under Section 375.101
shall maintain records documenting:
(1) the number of convenience switches collected;
(2) the total number of end-of-life vehicles processed
for recycling; and
(3) the number of convenience switches that were
inaccessible because of damage to the end-of-life vehicle.
(b) A vehicle recycler that removes convenience switches
shall note on the inventory receipt for surrendered certificates of
title or other evidence of ownership required to be maintained
under Chapter 2302, Occupations Code, the following additional
information:
(1) whether a vehicle for which title or other
evidence of ownership was surrendered was an eligible vehicle; and
(2) a certification that all identified convenience
switches were recovered and placed in containers specified by the
applicable convenience switch recovery program.
Sec. 375.103. LIMITATION ON DUTIES OF VEHICLE RECYCLER OR
SCRAP METAL RECYCLING FACILITY. (a) The commission may not require
a vehicle recycler or scrap metal recycling facility to undertake
any action beyond the actions reasonably arising from obligations
created under this chapter.
(b) A summary of the records required under Section 375.102
must be reported to the commission by September 1 of each year.
Sec. 375.104. HONEST CONVEYANCE; RECEIPT OF VEHICLE. (a) A
person may not represent that a convenience switch has been removed
from an end-of-life vehicle being conveyed for recycling or other
processing unless that person:
(1) removed the convenience switch; or
(2) has good cause to believe that another person
removed the convenience switch.
(b) A scrap metal recycling facility or other person that
acquires scrap metal, including scrap metal in the form of an
intentionally flattened, crushed, shredded, or baled vehicle, is
not considered to be in violation of this subchapter solely because
a convenience switch is found in the scrap metal after acquisition.
Sec. 375.105. HANDLING OF CONVENIENCE SWITCHES. After
removal from a vehicle, a convenience switch shall be collected,
stored, transported, and otherwise handled in accordance with:
(1) the applicable convenience switch recovery
program; and
(2) the applicable solid waste rules of the
commission.
[Sections 375.106-375.150 reserved for expansion]
SUBCHAPTER D. REPORTS
Sec. 375.151. ANNUAL IMPLEMENTATION REPORT. (a) On or
before December 31 of each year, the commission shall publish a
report that must include:
(1) documentation of the capture rate achieved,
consistent with the principle that a convenience switch should be
recovered unless damage to the vehicle makes the switch
inaccessible and in consideration of the anticipated
two-to-three-year period required to fully implement a program for
the recovery of switches;
(2) an evaluation of the number of convenience
switches identified in the records required to be maintained under
Section 375.102 compared to the information reported under Section
375.152;
(3) the number of convenience switches collected, the
number of end-of-life vehicles containing convenience switches,
and the number of end-of-life vehicles processed for recycling; and
(4) a description of how the convenience switches
collected were managed.
(b) The executive director may discontinue the requirement
for an annual report under this section if the executive director
determines that the convenience switches in end-of-life vehicles no
longer pose a significant threat to the environment or to public
health.
Sec. 375.152. ANNUAL MANUFACTURER'S IMPLEMENTATION REPORT.
On or before January 15 of each year, each manufacturer,
individually or as part of a group, shall report to the commission
the total number of convenience switches recovered in this state
and the total amount of mercury, by weight, recovered from those
convenience switches during the preceding calendar year.
[Sections 375.153-375.200 reserved for expansion]
SUBCHAPTER E. PENALTIES AND ENFORCEMENT
Sec. 375.201. PENALTIES AND ENFORCEMENT. A person who
violates a provision of this chapter, or a rule or order issued
under this chapter, is subject to the penalty and enforcement
provisions of Chapter 7, Water Code.
[Sections 375.202-375.250 reserved for expansion]
SUBCHAPTER F. CONVENIENCE SWITCH RECOVERY ACCOUNT
Sec. 375.251. CONVENIENCE SWITCH RECOVERY ACCOUNT. (a)
Except as provided by Section 375.003(b), this section takes effect
only if the attorney general certifies that the United States
Environmental Protection Agency has promulgated final regulations
under Section 112 of the federal Clean Air Act (42 U.S.C. Section
7412) that recognize state convenience switch recovery programs as
a method of compliance with those final regulations and that
require an incentive as provided by Section 375.055 for a program's
approval by the United States Environmental Protection Agency.
(b) The convenience switch recovery account is an account in
the general revenue fund.
(c) The account is administered by the comptroller for the
benefit of the convenience switch recovery program established
under this chapter. The fund is exempt from the application of
Section 403.095, Government Code.
(d) The fund consists of:
(1) transfers of unexpended and unobligated amounts
from the Texas emissions reduction plan fund as provided by Section
386.252(c);
(2) interest earned on money in the account;
(3) penalties collected under Section 375.201;
(4) any amounts appropriated by the legislature for
the account; and
(5) grants and gifts to the account.
(e) Money in the fund may be appropriated only to implement
and administer the convenience switch recovery program under this
chapter. Each year of the program, the commission may spend an
amount not to exceed $3 million for the payment of compliance bonus
fees under Section 375.055 or under procedures amended under
Section 375.003 and the associated administrative costs.
SECTION 2. Section 386.252, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided by Subsection (c), money [Money] in
the fund may be used only to implement and administer programs
established under the plan and shall be allocated as follows:
(1) for the diesel emissions reduction incentive
program, 87.5 percent of the money in the fund, of which not more
than 10 percent may be used for on-road diesel purchase or lease
incentives;
(2) for the new technology research and development
program, 9.5 percent of the money in the fund, of which up to
$250,000 is allocated for administration, up to $200,000 is
allocated for a health effects study, $500,000 is to be deposited in
the state treasury to the credit of the clean air account created
under Section 382.0622 to supplement funding for air quality
planning activities in affected counties, and not less than 20
percent is to be allocated each year to support research related to
air quality for the Houston-Galveston-Brazoria and Dallas-Fort
Worth nonattainment areas by a nonprofit organization based in
Houston; and
(3) for administrative costs incurred by the
commission and the laboratory, three percent.
(c) Except as provided by Section 375.003(b), this
subsection takes effect only if the attorney general certifies that
the United States Environmental Protection Agency has promulgated
final regulations under Section 112 of the federal Clean Air Act (42
U.S.C. Section 7412) that recognize state convenience switch
recovery programs as a method of compliance with those final
regulations and that require an incentive as provided by Section
375.055 for a program's approval by the United States Environmental
Protection Agency. If the attorney general's certification is made
before September 1, 2006, money collected but not appropriated for
any program or activity under Subsection (a) for the fiscal year
beginning September 1, 2005, shall be reallocated to the
convenience switch recovery account established under Section
375.251 on or before the 90th day after the date of the
certification and not later than August 31, 2006, in an amount not
to exceed $24 million. If the attorney general's certification is
made on or after September 1, 2006, or the attorney general's
certification under Section 375.003 is made on or after January 1,
2007, money collected but not appropriated for any program or
activity under Subsection (a) for the fiscal year immediately
preceding the fiscal year in which the certification occurs shall
be reallocated to the convenience switch recovery account
established under Section 375.251 on or before the 90th day after
the date of the certification and not later than August 31 of the
fiscal year in which the certification occurs in an amount not to
exceed $24 million. If after an attorney general's certification
is made, the amount collected and reallocated to the convenience
switch recovery account is less than $24 million, additional
reallocations of money collected in excess of the amounts
appropriated for any program or activity under Subsection (a) to
the convenience switch recovery account shall occur before November
1 of each fiscal year after the fiscal year of the initial
reallocation until the total cumulative amount reallocated equals
$24 million.
SECTION 3. (a) The Texas Commission on Environmental
Quality shall adopt rules not later than March 1, 2006, for
regulating a convenience switch, as defined by Section 375.001,
Health and Safety Code, as added by this Act, as universal waste
under 30 T.A.C. Section 335.261.
(b) Until rules have been adopted and promulgated under
Subsection (a) of this section, the Texas Commission on
Environmental Quality shall regulate a convenience switch, as
defined by Section 375.001, Health and Safety Code, as added by this
Act, as a universal waste in accordance with 40 C.F.R. Part 273, and
as incorporated by reference in 30 T.A.C. Section 335.261.
SECTION 4. Not later than the 60th day after the effective
date of this Act, individually or as part of a group, a manufacturer
shall provide containers as required by Section 375.054, Health and
Safety Code, as added by this Act, to each vehicle recycler and
scrap metal recycling facility identified by the Texas Commission
on Environmental Quality.
SECTION 5. The initial report described by Section 375.151,
Health and Safety Code, as added by this Act, shall be published as
required by that section on or before December 31, 2006.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect August 29, 2005.