(g) The plan shall include, at a minimum:-

1. (1) a method of collecting mercury-added vehicle switches after removal from motor vehicles;
2. (2) provisions for identifying or establishing and using facilities where mercury-added vehicle switches may be received and accepted from vehicle recyclers, scrap recyclers and all other persons removing mercury-added vehicle switches from vehicles;
3. (3) provisions for transporting mercury-added vehicle switches collected pursuant to clause (1) of subsection (g) to facilities pursuant to clause (2) of said subsection (g);
4. (4) a program to provide information, training and technical assistance to vehicle recyclers, scrap recyclers and all other persons removing mercury-added vehicle switches from motor vehicles;
5. (5) a program which is designed to achieve a mercury-added vehicle switch capture rate of at least 90 per cent, consistent with the principle that mercury-added vehicle switches shall be recovered unless the mercury-added vehicle switch is inaccessible due to significant damage to the motor vehicle in the area surrounding where the mercury-added vehicle switch is located;
6. (6) a financing system for the total cost of removal, collection, record keeping and recovery of mercury-added vehicle switches that shall be borne by the automobile manufacturers and that shall include, but not be limited to, $3 for every mercury-added vehicle switch removed by a vehicle recycler or scrap recycling facility as partial compensation for labor and other costs incurred by a vehicle recycler or scrap recycling facility in the removal of the mercury-added vehicle switch.

(k) Automobile manufacturers shall report annually to the department and joint committee on environment, natural resources and agriculture. The report shall, at a minimum, include the following:

1. (1) The number of mercury-added vehicle switches removed during the previous year; and
2. (2) Where and how the mercury-added vehicle switches are stored, recycled or otherwise disposed of.

(n)

1. (1) An automobile manufacturer may create an alternative plan, organized, managed and financed by the automobile manufacturer, that will be exempt from clauses (5) and (6) of subsection (g) if:-

   1. (i) the automobile manufacturer submits a plan, in writing to the department that describes the proper removal, recycling, transportation, storage and general containment of mercury-added switches from end-of-life vehicles in accordance with chapter 21C and the department's regulations concerning hazardous waste, that meets the requirements of clauses(1) to (4), inclusive, of subsection (g);
   2. (ii) the alternate plan is implemented no later than January 1, 2007;
   3. (iii) the automobile manufacturer demonstrates that the plan's capture rate is equal to or greater than 50 per cent by December 31, 2007, as determined by the department; and
   4. (iv) the automobile manufacturer demonstrates that the plan's capture rate is equal to or greater than 90 per cent by December 31, 2008, as determined by the department.
2. (2) Nothing in this section shall prohibit an automobile manufacturer from substituting a new plan in accordance with, and subject to the requirements of, subsection (o).
3. (3) If no alternative plan is in effect by January 1, 2007, pursuant to this section, the automobile manufacturer shall comply with subsection (g).
4. (4) If the department determines that an automobile manufacturer is not in compliance with this subsection, the automobile manufacturer shall comply with subsection (g) within 30 days of the determination by the department.

(o) If an automobile manufacturer's plan under subsection (g) has been in effect for at least 1 year, the automobile manufacturer may submit an alternate plan to the department for approval. The alternate plan shall meet the following criteria:

1. (1) The alternate plan has been in effect for at least 1 year in another state and can be implemented statewide;
2. (2) The alternate plan has achieved at least a 90 per cent capture rate in that state; and
3. (3) The alternate plan, to the extent practicable, uses the existing end-of-life vehicle recycling infrastructure in the commonwealth.