2005 Texas Health & Safety Code CHAPTER 375. REMOVAL OF CONVENIENCE SWITCHES

HEALTH & SAFETY CODE

CHAPTER 375. REMOVAL OF CONVENIENCE SWITCHES

SUBCHAPTER A. GENERAL PROVISIONS


	§ 375.001. DEFINITIONS.                                                     

Text of section effective until August 31, 2015
	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.

Added by Acts 2005, 79th Leg., ch. 746, § 1, eff. Aug. 29, 2005.           


	§ 375.002. APPLICABILITY OF CHAPTER.                                        

Text of section effective until August 31, 2015
	(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.

Added by Acts 2005, 79th Leg., ch. 746, § 1, eff. Aug. 29, 2005.           


	§ 375.003. EXPIRATION.                                                      

Text of section effective until August 31, 2015
	This chapter expires August 31, 2015.                                          

Added by Acts 2005, 79th Leg., ch. 746, § 1, eff. Aug. 29, 2005.           

SUBCHAPTER B. CONVENIENCE SWITCH RECOVERY PROGRAM


	§ 375.051. MANUFACTURER PROGRAM COMPONENTS.                                 

Text of section effective until August 31, 2015
	(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.

Added by Acts 2005, 79th Leg., ch. 746, § 1, eff. Aug. 29, 2005.           


	§ 375.052. PACKAGING, SHIPPING, AND RECYCLING COSTS.                        

Text of section effective until August 31, 2015
	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.

Added by Acts 2005, 79th Leg., ch. 746, § 1, eff. Aug. 29, 2005.           


	§ 375.053. COSTS OF EDUCATIONAL MATERIALS.                                  

Text of section effective until August 31, 2015
	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.

Added by Acts 2005, 79th Leg., ch. 746, § 1, eff. Aug. 29, 2005.           


	§ 375.054. PROVISION OF STORAGE CONTAINERS.                                 

Text of section effective until August 31, 2015
	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.

Added by Acts 2005, 79th Leg., ch. 746, § 1, eff. Aug. 29, 2005.           

SUBCHAPTER C. CONVENIENCE SWITCH RECOVERY PROGRAM IMPLEMENTATION


	§ 375.101. REMOVAL AND MANAGEMENT OF CONVENIENCE 
SWITCHES.                

Text of section effective until August 31, 2015
	(a)  A vehicle recycler or scrap metal recycling facility 
that removes convenience switches from eligible vehicles in 
accordance with educational materials received under this chapter 
shall be provided regulatory incentives by the commission under 
programs implemented pursuant to Section 5.755, Water Code, 
including on-site technical assistance and compliance history 
classification adjustments.
	(b)  In order to qualify for the regulatory incentives 
provided by this section, a vehicle recycler or scrap metal 
recycling facility must submit a report to the commission by 
November 15 of each year documenting:
		(1)  the number of convenience switches collected 
during the prior 12 months;  and
		(2)  the total number of eligible vehicles processed 
for recycling during the same time period.
	(c)  Nothing in this chapter shall be construed to require 
scrap metal recycling facilities or vehicle recyclers to remove 
convenience switches or maintain records regarding convenience 
switches they have not removed, and the commission shall not 
promulgate regulations that create such requirements.

Added by Acts 2005, 79th Leg., ch. 746, § 1, eff. Aug. 29, 2005.           


	§ 375.102. HANDLING OF CONVENIENCE SWITCHES.                                

Text of section effective until August 31, 2015
	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.                    

Added by Acts 2005, 79th Leg., ch. 746, § 1, eff. Aug. 29, 2005.           

SUBCHAPTER D. REPORTS


	§ 375.151. ANNUAL IMPLEMENTATION REPORT.                                    

Text of section effective until August 31, 2015
	(a)  On or before December 31 of each year, the commission 
shall:            
		(1)  publish a report that documents the capture rate 
achieved through the implementation of this chapter;  and
		(2)  issue recommendations 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, which identifies 
legislative action that may be appropriate to improve the capture 
rate referenced in Subsection (a)(1) while promoting vehicle 
recycling and preventing the export of scrap metal from the state.
	(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.

Added by Acts 2005, 79th Leg., ch. 746, § 1, eff. Aug. 29, 2005.           


	§ 375.152. ANNUAL MANUFACTURER'S IMPLEMENTATION 
REPORT.                   

Text of section effective until August 31, 2015
	On or before November 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 12 months.

Added by Acts 2005, 79th Leg., ch. 746, § 1, eff. Aug. 29, 2005.