This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
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 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 is part of a convenience light switch
assembly which, because of its contents, is the type of switch
subject to U.S. Environmental Protection Agency work practice
standards, such as those promulgated in Title 40, Code of Federal
Regulations, Section 63.7700(c)(2) or subsequent rulemaking.
(4) "Convenience switch recovery plan" means a plan
for removing, collecting, and recovering convenience switches from
end-of-life vehicles in accordance with Subchapter B.
(5) "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.
(6) "Executive director" means the executive director
of the commission.
(7) "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.
(8) "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.
(9) "Vehicle" means any automobile, station wagon,
truck, van, or sport utility with a gross vehicle weight rating of
less than 12,000 pounds.
(10) "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. This chapter
applies only to:
(1) a manufacturer of vehicles sold in this state; and
(2) a vehicle recycler or scrap metal recycling
facility in this state.
[Sections 375.003-375.050 reserved for expansion]
SUBCHAPTER B. CONVENIENCE SWITCH RECOVERY PLAN
Sec. 375.051. DEVELOPMENT OF PLAN. (a) Each manufacturer
of vehicles sold in this state, individually or as part of a group,
and in consultation with the commission, shall develop a
convenience switch recovery plan in accordance with this subchapter
and shall submit the plan to the executive director for review and
approval.
(b) The executive director shall notify each manufacturer
of the requirement to develop a convenience switch recovery plan
and submit the plan to the executive director for approval.
Sec. 375.052. CONVENIENCE SWITCH RECOVERY PLAN CONTENTS.
(a) The convenience switch recovery plan shall include:
(1) for each make, model, and model year of a vehicle:
(A) information identifying the make, model, and
year;
(B) a description of each convenience switch
used;
(C) a system to mark a vehicle to indicate the
presence or absence of a convenience switch;
(D) the location on the vehicle of each
convenience switch;
(E) the safe and environmentally sound methods
for removing a convenience switch from an end-of-life vehicle; and
(F) the number of convenience switches available
in the vehicle, 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;
(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; and
(5) a plan for implementing and financing the removal,
collection, and recovery program.
(b) To the extent possible, a convenience switch recovery
plan must use existing end-of-life vehicle infrastructure. If that
infrastructure is not used, the plan must include reasons for
establishing a separate infrastructure.
Sec. 375.053. FINANCING OF COSTS. A convenience switch
recovery plan must provide for financing by the manufacturer of the
removal, collection, and recovery of convenience switches from a
vehicle of the manufacturer in a way that ensures that a financial
burden is not imposed on the commission or on an automobile dealer
or business that recycles, handles, or otherwise processes
end-of-life vehicles.
Sec. 375.054. FEE. Each manufacturer's convenience switch
recovery plan must include a procedure that ensures the prompt
payment to a vehicle recycler, scrap metal recycling facility, or
the commission of a fee paid by the manufacturer to cover the costs
associated with convenience switch removal and disposal. The
payments must include:
(1) a minimum of $5 for each convenience switch
removed by a vehicle recycler or scrap metal recycling facility in
accordance with Section 375.101 as compensation for the labor and
other costs incurred in the removal of the convenience switch; and
(2) $1 for each convenience switch removed by a
vehicle recycler or scrap metal recycling facility in accordance
with Section 375.101 as compensation to the commission for costs
incurred in administering and enforcing the provisions of this
chapter.
Sec. 375.055. PACKAGING, SHIPPING, AND RECYCLING COSTS.
The manufacturer's plan must include financing to pay the costs of:
(1) packaging, shipping, and removal of convenience
switches to recycling, storage, or disposal facilities; and
(2) recycling, storing, or disposing of removed
convenience switches.
Sec. 375.056. COSTS OF EDUCATIONAL MATERIALS. The
manufacturer's plan must provide financing for the preparation of
educational materials required under Section 375.052 and the
distribution of those materials to each vehicle recycler and scrap
metal recycling facility.
Sec. 375.057. COSTS OF RECORDS MAINTENANCE. The
manufacturer's plan must provide financing for the costs of
maintaining all record-keeping systems associated with the
implementation of this chapter.
Sec. 375.058. FEE INCREASES AS NEEDED. The executive
director shall increase a fee under Section 375.054 to an
appropriate level on a determination by the executive director that
the amount being collected is not sufficient to ensure the proper
removal and management of convenience switches.
Sec. 375.059. STORAGE AND REIMBURSEMENT. (a) Each
manufacturer, individually or as part of a group, shall provide to
each vehicle recycler and scrap metal recycling facility containers
suitable for the safe storage of convenience switches until the
vehicle recycler or scrap metal recycling facility can be
reimbursed for the costs of removal, storage, packaging, and
shipping of the switches.
(b) A vehicle recycler or scrap metal recycling facility is
entitled to reimbursement by the manufacturer of a vehicle for each
convenience switch removed from the vehicle in the amount specified
by Section 375.054 or by the executive director under Section
375.058 regardless of the date on which a switch is removed from a
vehicle if the vehicle recycler or scrap metal recycling facility
maintains the records required by Section 375.101 or 375.102.
Sec. 375.060. INDEMNIFICATION OF VEHICLE RECYCLERS AND
SCRAP METAL RECYCLING FACILITIES. A manufacturer shall indemnify,
defend, and hold harmless a vehicle recycler or scrap metal
recycling facility from liability for any damages arising from the
release of the contents of a convenience switch after the switch is
transferred to the manufacturer or the manufacturer's agent or
contractor.
Sec. 375.061. PLAN APPROVAL PROCESS. (a) Not later than
the 60th day after the date on which a convenience switch recovery
plan is received by the commission, the executive director shall
approve or disapprove all or part of the plan or may approve the
plan conditionally. In considering the plan, the executive
director may seek comments or information from interested persons,
including representatives of vehicle recyclers and scrap metal
recycling facilities.
(b) If the executive director approves an entire
convenience switch recovery plan, the manufacturer shall begin
implementing the plan not later than the 30th day after the date on
which the manufacturer receives notice of the approval, unless the
manufacturer and the executive director have agreed to a different
date to initiate the plan.
(c) If the executive director disapproves an entire
convenience switch recovery plan, the executive director shall
provide the manufacturer with a list of the plan's deficiencies.
The manufacturer must submit a new convenience switch recovery plan
not later than the 30th day after the date on which the list of
deficiencies is received.
(d) If only part of a convenience switch recovery plan is
approved, the manufacturer shall implement the approved part as
instructed by the executive director and shall submit a revised
plan not later than the 30th day after the date on which the notice
of partial approval is received.
(e) The executive director shall review and approve, partly
approve, or disapprove a revised convenience switch recovery plan
not later than the 30th day after the date on which the revised plan
is received.
(f) If a plan has not been fully approved on or before the
180th day after the date on which notice to manufacturers was sent
under Section 375.051, the executive director may complete on
behalf of a manufacturer any part of a convenience switch recovery
plan that the executive director has not approved.
(g) The executive director may review an approved
convenience switch recovery plan and recommend modifications to the
plan at any time on a determination that the plan is deficient or is
not accomplishing the objectives set out in this chapter in any
material respect, including a determination that the fees under
Section 375.054 are not sufficient to ensure the removal of each
convenience switch.
[Sections 375.052-375.100 reserved for expansion]
SUBCHAPTER C. CONVENIENCE SWITCH RECOVERY PLAN 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 the vehicle as identified in the applicable
convenience switch recovery plan before the vehicle recycler:
(1) crushes, flattens, bales, or shreds an end-of-life
vehicle; or
(2) sells, gives, or otherwise conveys ownership of an
end-of-life 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 the 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 by agreeing
to remove the remaining convenience switch in accordance with the
applicable convenience switch recovery plan before the vehicle is
flattened, crushed, shredded, or baled.
Sec. 375.102. VEHICLE RECYCLER AND SCRAP METAL RECYCLING
FACILITY RECORDS. 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 accepted
containing at least one convenience switch;
(3) the total number of end-of-life vehicles processed
for recycling;
(4) the number of end-of-life vehicles, by make and
model of each vehicle processed, from which a convenience switch
was removed;
(5) the number of end-of-life vehicles processed for
recycling, by make and model of each end-of-life vehicle;
(6) the total number of convenience switches collected
from each make of end-of-life vehicle; and
(7) the number of convenience switches that were
inaccessible because of damage to the end-of-life vehicle.
Sec. 375.103. INACCESSIBLE CONVENIENCE SWITCHES CONSIDERED
IN CAPTURE RATE. For purposes of computing the capture rate, a
convenience switch that is inaccessible because of damage to the
vehicle is considered to be a convenience switch that was available
for inspection or removal but was not inspected or removed.
Sec. 375.104. LIMIT ON DUTIES OF VEHICLE RECYCLER OR SCRAP
METAL RECYCLING FACILITY. (a) The commission shall 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) On request, the records required under Sections 375.101
and 375.102 must be made available to the commission for review.
Sec. 375.105. 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 if that person has not removed the convenience switch or
unless the person has good cause to believe that another person has
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. 375.106. 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 plan;
and
(2) the applicable solid waste rules of the
commission.
[Sections 375.107-375.150 reserved for expansion]
SUBCHAPTER D. REPORTS
Sec. 375.151. ANNUAL MANUFACTURER'S IMPLEMENTATION REPORT.
(a) On or before December 31 of each year, each manufacturer shall
present a report individually or as part of a group to the executive
director on the manufacturer's convenience switch recovery plan.
The report must include:
(1) a detailed description and documentation of the
capture rate achieved in comparison to the target rate of at least
90 percent, consistent with the principle that a convenience switch
should be recovered unless damage to the vehicle makes the switch
inaccessible;
(2) a description of additional or alternative actions
that may be implemented to improve the convenience switch recovery
plan and the implementation of the plan, if the 90 percent capture
rate is not achieved;
(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;
(4) a description of how the convenience switches
collected were managed; and
(5) a summary of the amounts paid to cover the costs of
implementing the convenience switch recovery plan.
(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
manufactured by a particular manufacturer no longer pose a
significant threat to the environment or to public health.
Sec. 375.152. ANNUAL MANUFACTURER'S DESIGN REPORT. (a) On
or before December 31 of each year, a manufacturer shall report
individually or as part of a group to the executive director
concerning steps being taken by the manufacturer to design vehicles
and vehicle components for recycling. The report must include:
(1) a list of all vehicle components included in the
manufacturer's vehicles for each of the last three model years, the
current model year, and the upcoming model year that contain
convenience switches or other components presenting similar
environmental risks;
(2) design changes that the manufacturer has
implemented or is planning to implement to reduce or eliminate
convenience switches or other components presenting similar
environmental risks from the manufacturer's vehicles and the amount
of any reductions;
(3) policies the manufacturer has implemented to
ensure that the manufacturer's vehicles are designed to be recycled
in a safe, cost-effective, and environmentally sound manner using
existing technologies and infrastructure;
(4) a list of:
(A) complaints and reports received by the
manufacturer in the last 12 months from vehicle recyclers, scrap
metal recycling facilities, government entities, or organizations
representing any of those persons; and
(B) other facts and circumstances that have made
the manufacturer aware that the manufacturer's vehicles contain
vehicle components that present environmental risks; and
(5) the design or manufacturing changes that the
manufacturer has implemented or plans to implement to reduce or
remove each environmental risk listed under Subdivision (4) and the
year in which those changes will eliminate that environmental risk.
(b) The commission may:
(1) periodically evaluate the steps manufacturers are
taking to design for recycling; and
(2) report to the governor, the lieutenant governor,
the speaker of the house of representatives, and the chair of each
standing committee of the legislature with jurisdiction over
environmental issues the commission's findings under Subdivision
(1) together with any recommended legislative action that may be
appropriate to promote vehicle recycling in the interest of
preserving scarce resources and the safe and efficient reduction of
solid waste.
[Sections 375.153-375.200 reserved for expansion]
SUBCHAPTER E. RULES, PENALTIES, AND ENFORCEMENT
Sec. 375.201. RULES. (a) The commission shall adopt rules
to implement this chapter, including rules governing the removal of
a convenience switch under a convenience switch recovery plan.
(b) This chapter does not limit the commission's authority
to allow new or modified plans to be submitted and independently
financed to facilitate the removal from end-of-life vehicles of any
components that have contents that result in the emission of
hazardous air pollutants if the contents are melted, similar to the
emissions expected from the melting of a convenience switch.
(c) To the extent authorized by federal law, in the
development of emission trading programs, the commission shall
recognize as creditable any emission reductions accomplished
through implementation of this chapter, including any additional
emission reductions accomplished through plans submitted under
Subsection (b).
Sec. 375.202. 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.
SECTION 2. (a) The Texas Commission on Environmental
Quality shall adopt rules to implement Chapter 375, Health and
Safety Code, as added by this Act, not later than March 1, 2006. The
rules adopted under this section shall include provisions for
regulating a convenient switch, as defined by Section 375.001,
Health and Safety Code, as added by this Act, as universal waste
under Section 335.261, Title 30, Texas Administrative Code.
(b) Until rules have been adopted and promulgated under
Subsection (a) of this section, the commission 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 Section 335.261, Title 30, Texas Administrative Code,
for purposes of establishing the accumulation time limits.
SECTION 3. (a) This section applies only to a manufacturer
of a vehicle sold in this state as those terms are defined by
Section 375.001.
(b) Not later than 30 days after the effective date of this
Act, the executive director of the Texas Commission on
Environmental Quality shall notify each manufacturer of vehicles
sold in this state of the requirement to submit a convenience switch
recovery plan in accordance with Subchapter B, Chapter 375, Health
and Safety Code, as added by this Act.
(c) Not later than 60 days after the effective date of this
Act, individually or as part of a group, a manufacturer shall
provide containers as required by Section 375.059, as added by this
Act, to each vehicle recycler and scrap metal recycling facility.
(d) Each manufacturer shall submit a convenience switch
recovery plan as required by Section 375.051, as added by this Act,
to the executive director of the Texas Commission on Environmental
Quality for review not later than 90 days after the effective date
of this Act.
(e) The initial reports described by Sections 375.151 and
375.152, Health and Safety Code, as added by this Act, shall be
presented as required by those sections on or before December 31,
2006.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all 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 September 1, 2005.