North Carolina § 130A-310 - 54. (Repealed effective June 30, 2031) Mercury Pollution Prevention Fund.

§ 130A-310. 54. (Repealed effective June 30, 2031) Mercury Pollution Prevention Fund.

The Mercury Pollution Prevention Fund is established in the Department. Revenue is credited to the Fund from the certificate of title fee under G.S. 20-85. Revenue in the Mercury Pollution Prevention Fund shall be used for the following purposes: To reimburse the Department and others for costs incurred in implementing the mercury switch removal program. To establish and implement recycling programs for products containing mercury, including at least recycling programs for light bulbs and thermostats. The reimbursable costs under subdivision (1) of subsection (b) of this section are: Five dollars ($5.00) for each mercury switch removed by a vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility pursuant to this Article and sent to destination facilities in accordance with the NVMSRP for recycling or disposal. Costs incurred by the Department in administering the program. The Department shall reimburse vehicle crushers, vehicle dismantlers, vehicle recyclers, and scrap vehicle processing facilities based on a reimbursement request that attests to the number of switches sent to destination facilities for recycling or disposal in accordance with the NVMSRP. Each reimbursement request shall be verified against information posted on the Internet site provided by the vehicle manufacturers in accordance with the NVMSRP, or against other information that verifies the reimbursement requested to the satisfaction of the Department. The vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility shall provide the Department with any information requested by the Department to verify the accuracy of a reimbursement request. Each vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility shall maintain accurate records that support each reimbursement request for a minimum of three years from the date the reimbursement request is approved. History (2005-384, s. 1; 2006-255, s. 5; 2007-142, ss. 4, 9; 2011-145, s. 13.10B(a); 2016-94, s. 14.1(a); 2017-57, s. 13.21(a), (b); 2020-74, s. 7(a), (b).) Part 6 Has a Delayed Repeal Date. - Session Laws 2007-142, s. 9, as amended by Session Laws 2016-94, s. 14.1(a), as amended by Session Laws 2017-57, s. 13.21(a), and as amended by Session Laws 2020-74, s. 7(a), provides, in part: "Effective June 30, 2031, Part 6 of Article 9 of Chapter 130A of the General Statutes, as amended by this act, is repealed." Editor's Note. - Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.' " Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2016-94, s. 14.1(a) [which amended this section], effective July 1, 2016, amended Session Laws 2007-142, s. 9, to remove the December 1, 2017 expiration date of the act, and to add the following delayed repeal: "Effective June 30, 2017, Part 6 of Article 9 of Chapter 130A of the General Statutes, as amended by this act, is repealed." Session Laws 2016-94, s. 14.1(b), (c), as amended by Session Laws 2017-57, s. 13.21(b), and as amended by Session Laws 2020-74, s. 7(b), provides: "(b) Section 13.10B of S.L. 2011-145 [Which amended this section] is repealed. "(c) Subsection (b) of this section becomes effective June 30, 2031. Funds remaining in the Mercury Pollution Prevention Fund (Fund Code 24300-2119) on that date shall be transferred to the Division of Waste Management (Fund Code 14300-1760). " This repeal occurs at the same time as the repeal of Part 6 of Article 9 of Chapter 130A of the General Statutes, pursuant to Session Laws 2007-142, s. 9, as amended by Session Laws 2016-94, s. 14.1(a), as amended by Session Laws 2017-57, s. 13.21(a), and as amended by Session Laws 2020-74, s. 7(a). Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the `Current Operations and Capital Improvements Appropriations Act of 2016.' " Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2007-142, s. 4, as amended by Session Laws 2016-94, s. 14.1(a), effective July 1, 2007, substituted "Mercury Switch Removal Account" for "Funds to implement plan" in the section heading; substituted "Switch Removal" for "Pollution Prevention" in subsections (a) and (b); substituted "switch removal program" for "minimization plan" at the end of the first sentence of subsection (b); inserted "vehicle crusher, vehicle dismantler" and substituted "scrap vehicle processing facility pursuant to this Article and sent to destination facilities in accordance with the NVMSRP for recycling or disposal" for "scrap metal recycling facility pursuant to this Article" in subdivision (b)(1); substituted "program" for "plan" in subdivision (b)(2); and rewrote subsection (c). Session Laws 2011-145, s. 13.10B(a), effective July 1, 2011, until December 31, 2017, rewrote the section catchline, which formerly read: "Mercury Switch Removal Account"; in subsection (a), substituted "Mercury Pollution Prevention Fund" for "Mercury Switch Removal Account" and "Fund" for "Account"; subdivided former subsection (b), creating the introductory paragraph and the subdivision (b)(1) designation, and in the former, substituted "Mercury Pollution Prevention Fund shall be used for the following purposes" for "Mercury Switch Removal Account shall be used to"; added subdivision (b)(2); and added the subsection (b1) designation, and therein inserted "under subdivision (1) of subsection (b) of this section" in the introductory language. See editor's note for delayed repeal of this amendment.