Utah Mercury Bill Passes Committee

House Bill 138 Mercury Switch Removal Act, sponsored by Rep. Rhonda Rudd Menlove, defines terms; requires manufacturers of vehicles sold in the state to: submit a plan for the removal and collection of mercury switches; pay for the costs of removing and collecting mercury switches including: reimbursing a person for removing a mercury switch; and partially compensating the Division of Solid and Hazardous Waste for administering and enforcing the chapter; and submit an annual report to the Solid and Hazardous Waste Control Board; specifies plan contents; and authorizes the Solid and Hazardous Waste Control Board to: establish a fee for the review and approval of the plan; make rules; and enforce this chapter.

A number of witnesses testified in support of the bill, including an automakers' group, an auto recycler and representatives from the Nucor Corp. steel plant in Plymouth, Utah

To support the removal of mercury switches, the auto industry has developed a $20 million program to have salvage shops remove the devices voluntarily.

In order to ensure that the costs of removal, collection, and recovery of mercury switches are not borne by any other person, the manufacturers of vehicles sold in the state shall pay: (a) a minimum of $5 for each mercury switch removed by a person as partial compensation for the labor and other costs incurred in removing the mercury switch; (b) the cost of packaging necessary to store or transport mercury switches to recycling, storage, or disposal facilities; (c) the cost of shipping mercury switches to recycling, storage, or disposal facilities; (d) the cost of recycling, storage, or disposal of mercury switches; (e) the cost of the preparation and distribution of educational materials; and (f) the cost of maintaining all appropriate record-keeping systems. (4) Manufacturers of vehicles sold within this state shall reimburse a person for each mercury switch removed, collected, and recovered without regard to the date on which the mercury switch is removed, collected, or recovered.

The bill now heads to the floor of the Utah House of Representatives.