BILL NUMBER: SB 6	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Maldonado

                        DECEMBER 1, 2008

   An act to repeal and add Section 25214.8 of the Health and Safety
Code, relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 6, as introduced, Maldonado. Hazardous material: vehicles:
mercury-containing switches.
   (1) Existing law requires any mercury-containing vehicle light
switch, as defined, that is removed from a vehicle to be subject to
the regulations adopted by the Department of Toxic Substances Control
regarding the management of universal waste and other applicable
regulations, and requires the department to take actions with regard
to the safe removal and disposal of those switches. The department is
required to submit a specified report, by January 1, 2004, to the
Legislature regarding these requirements. Existing law provides that
a violation of the Hazardous Waste Control Law is a crime.
   This bill would repeal that obsolete reporting provision and would
require automobile dismantlers and owners or operators of junkyards
to ensure the proper removal of mercury switches from end-of-life
vehicles prior to their destruction. The bill would require these
entities to inspect end-of-life vehicles prior to their destruction
to ensure that mercury switches were removed. The bill would
specifically provide that automobile dealers and manufacturers are
not responsible for the removal of mercury switches from end-of-life
vehicles. The bill would define specified terms for the purposes of
the bill. Because a violation of the above requirement is also a
violation of the Hazardous Waste Control Law, this bill would create
a new crime, thereby imposing a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
   SB 6, as introduced, Maldonado. Hazardous material: vehicles:
mercury-containing switches.
   (1) Existing law requires any mercury-containing vehicle light
switch, as defined, that is removed from a vehicle to be subject to
the regulations adopted by the Department of Toxic Substances Control
regarding the management of universal waste and other applicable
regulations, and requires the department to take actions with regard
to the safe removal and disposal of those switches. The department is
required to submit a specified report, by January 1, 2004, to the
Legislature regarding these requirements. Existing law provides that
a violation of the Hazardous Waste Control Law is a crime.
   This bill would repeal that obsolete reporting provision and would
require automobile dismantlers and owners or operators of junkyards
to ensure the proper removal of mercury switches from end-of-life
vehicles prior to their destruction. The bill would require these
entities to inspect end-of-life vehicles prior to their destruction
to ensure that mercury switches were removed. The bill would
specifically provide that automobile dealers and manufacturers are
not responsible for the removal of mercury switches from end-of-life
vehicles. The bill would define specified terms for the purposes of
the bill. Because a violation of the above requirement is also a
violation of the Hazardous Waste Control Law, this bill would create
a new crime, thereby imposing a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
   SB 6, as introduced, Maldonado. Hazardous material: vehicles:
mercury-containing switches.
   (1) Existing law requires any mercury-containing vehicle light
switch, as defined, that is removed from a vehicle to be subject to
the regulations adopted by the Department of Toxic Substances Control
regarding the management of universal waste and other applicable
regulations, and requires the department to take actions with regard
to the safe removal and disposal of those switches. The department is
required to submit a specified report, by January 1, 2004, to the
Legislature regarding these requirements. Existing law provides that
a violation of the Hazardous Waste Control Law is a crime.
   This bill would repeal that obsolete reporting provision and would
require automobile dismantlers and owners or operators of junkyards
to ensure the proper removal of mercury switches from end-of-life
vehicles prior to their destruction. The bill would require these
entities to inspect end-of-life vehicles prior to their destruction
to ensure that mercury switches were removed. The bill would
specifically provide that automobile dealers and manufacturers are
not responsible for the removal of mercury switches from end-of-life
vehicles. The bill would define specified terms for the purposes of
the bill. Because a violation of the above requirement is also a
violation of the Hazardous Waste Control Law, this bill would create
a new crime, thereby imposing a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25214.8 of the Health and Safety Code is
repealed. 
   25214.8.  On or before January 1, 2004, the department shall
report to the appropriate policy and fiscal committees of the
Legislature on both of the following:
   (a)  The success of efforts to remove mercury-containing vehicle
light switches from vehicles pursuant to Section 25214.6.
   (b)  Compliance with the requirement to remove mercury-containing
appliance switches pursuant to Section 42175 of the Public Resources
Code. 
  SEC. 2.  Section 25214.8 is added to the Health and Safety Code, to
read:
   25214.8.  (a) (1) An automobile dismantler, as defined in Section
220 of the Vehicle Code, or an owner or operator of a junkyard, as
defined in subdivision (c) of Section 746 of the Streets and Highways
Code, shall ensure that all mercury switches in an end-of-life
vehicle are properly removed prior to the destruction of that
vehicle.
   (2) An automobile dismantler, as defined in Section 220 of the
Vehicle Code, or an owner or operator of a junkyard, as defined in
subdivision (c) of Section 746 of the Streets and Highways Code,
shall inspect an end-of-life vehicle to ensure that all mercury
switches have been removed from the vehicle prior to destruction of
that vehicle.
   (b) A dealer, as defined in Section 285 of the Vehicle Code, or an
automobile manufacturer shall not be responsible for the removal of
mercury switches from an end-of-life vehicle.
   (c) For the purposes of this section, the following terms mean the
following:
   (1) "End-of-life vehicle" means a vehicle that is sold, given, or
otherwise conveyed to an automobile dismantler, or an owner or
operator of a junkyard.
   (2) "Mercury switch" means a mercury light switch, a mercury
relay, as defined in paragraph (3) of subdivision (b) of Section
25214.8.1, or a mercury switch, as defined in paragraph (4) of
subdivision (b) of Section 25214.8.1.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SECTION 1.  Section 25214.8 of the Health and Safety Code is
repealed. 
   25214.8.  On or before January 1, 2004, the department shall
report to the appropriate policy and fiscal committees of the
Legislature on both of the following:
   (a)  The success of efforts to remove mercury-containing vehicle
light switches from vehicles pursuant to Section 25214.6.
   (b)  Compliance with the requirement to remove mercury-containing
appliance switches pursuant to Section 42175 of the Public Resources
Code. 
  SEC. 2.  Section 25214.8 is added to the Health and Safety Code, to
read:
   25214.8.  (a) (1) An automobile dismantler, as defined in Section
220 of the Vehicle Code, or an owner or operator of a junkyard, as
defined in subdivision (c) of Section 746 of the Streets and Highways
Code, shall ensure that all mercury switches in an end-of-life
vehicle are properly removed prior to the destruction of that
vehicle.
   (2) An automobile dismantler, as defined in Section 220 of the
Vehicle Code, or an owner or operator of a junkyard, as defined in
subdivision (c) of Section 746 of the Streets and Highways Code,
shall inspect an end-of-life vehicle to ensure that all mercury
switches have been removed from the vehicle prior to destruction of
that vehicle.
   (b) A dealer, as defined in Section 285 of the Vehicle Code, or an
automobile manufacturer shall not be responsible for the removal of
mercury switches from an end-of-life vehicle.
   (c) For the purposes of this section, the following terms mean the
following:
   (1) "End-of-life vehicle" means a vehicle that is sold, given, or
otherwise conveyed to an automobile dismantler, or an owner or
operator of a junkyard.
   (2) "Mercury switch" means a mercury light switch, a mercury
relay, as defined in paragraph (3) of subdivision (b) of Section
25214.8.1, or a mercury switch, as defined in paragraph (4) of
subdivision (b) of Section 25214.8.1.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SECTION 1.  Section 25214.8 of the Health and Safety Code is
repealed. 
   25214.8.  On or before January 1, 2004, the department shall
report to the appropriate policy and fiscal committees of the
Legislature on both of the following:
   (a)  The success of efforts to remove mercury-containing vehicle
light switches from vehicles pursuant to Section 25214.6.
   (b)  Compliance with the requirement to remove mercury-containing
appliance switches pursuant to Section 42175 of the Public Resources
Code. 
  SEC. 2.  Section 25214.8 is added to the Health and Safety Code, to
read:
   25214.8.  (a) (1) An automobile dismantler, as defined in Section
220 of the Vehicle Code, or an owner or operator of a junkyard, as
defined in subdivision (c) of Section 746 of the Streets and Highways
Code, shall ensure that all mercury switches in an end-of-life
vehicle are properly removed prior to the destruction of that
vehicle.
   (2) An automobile dismantler, as defined in Section 220 of the
Vehicle Code, or an owner or operator of a junkyard, as defined in
subdivision (c) of Section 746 of the Streets and Highways Code,
shall inspect an end-of-life vehicle to ensure that all mercury
switches have been removed from the vehicle prior to destruction of
that vehicle.
   (b) A dealer, as defined in Section 285 of the Vehicle Code, or an
automobile manufacturer shall not be responsible for the removal of
mercury switches from an end-of-life vehicle.
   (c) For the purposes of this section, the following terms mean the
following:
   (1) "End-of-life vehicle" means a vehicle that is sold, given, or
otherwise conveyed to an automobile dismantler, or an owner or
operator of a junkyard.
   (2) "Mercury switch" means a mercury light switch, a mercury
relay, as defined in paragraph (3) of subdivision (b) of Section
25214.8.1, or a mercury switch, as defined in paragraph (4) of
subdivision (b) of Section 25214.8.1.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.