S4833-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Dec 21, 2011: PRINT NUMBER 4833A
• Dec 21, 2011: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Apr 27, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4833-2011 Memo

BILL NUMBER:S4833

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
collection of mercury containing thermostats

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
encourage the safe collection of mercury-containing thermostats.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:
require thermostat manufacturers, no later than June 1, 2013, to
submit a plan to the Department of Environmental Conservation (DEC)
establishing a collection program for out-of-service thermostats. The
collection program, to be offered free of cost to contractors,
service technicians and homeowners, would include, but not be limited
to:

o An education and outreach program directed to retailers, contractors
and homeowners;

o The distribution of containers for mercury-containing thermostats;

o Measures to protect against the fraudulent return of
mercury-containing thermostats;

o Criteria to encourage the purchase of mercury-free thermostats;

o Criteria to ensure that the capture rate of out-of-service mercury
thermostats is maximized; and,

* require manufacturers to implement their plans not later than
December 1, 2011;

By June 2014, and annually thereafter, manufacturers would be
required to submit a report to DEC identifying:

o the number of thermostats collected,

o the estimated total amount of mercury in the thermostats,

o an evaluation of the programs effectiveness, and

o an accounting of the administrative costs incurred.

* DEC would be required to:

o grant, deny or approve manufacturer collection plans within 90 days
of submission;

o maintain a list of mercury-containing thermostat collection points;

o conduct education and outreach;


o issue annual reports on its website;

o provide estimate, by January 15, 2015, the number of out-of-service
thermostats generated in New York on an annual basis;

DEC may require the modification of manufacturers plans, including the
implementation of a financial collection incentive, to result in the
collection and recycling of at least 25 percent of the out-of-service
mercury-containing thermostats statewide.

Beginning June 2017, DEC shall require the modification of manufacturer
plans, including the implementation of a financial collection
incentive, to result in the collection and recycling of at least 65
percent of the out-of-service mercury-containing thermostats statewide.

JUSTIFICATION:
Mercury has been proven to impair brain development.
The Centers for Disease Control and Prevention estimates that between
300,000 and 630,000 infants each year are born in the United States
with mercury levels high enough to be associated with IQ loss. Each
year, more than two million mercury-containing thermostats are
discarded. Most states now ban the sale of new mercury containing
thermostats, but despite disposal limitations, only a very small
percentage of old thermostats are collected and recycled. The
remainder enters the waste stream and poses the potential to pollute
the environment. This bill would protect the environment and public
health by requiring the establishment of a program to collect
mercury-containing thermostats, ensuring they do not go on to cause
harm to the public and the environment.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.7752 (Thompson)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4833-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4833
 2011-2012 Regular Sessions
 I N  SENATE
 April 27, 2011
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation
 

AN ACT to amend the environmental conservation law, in relation  to  the
 collection of mercury containing thermostats
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The environmental conservation law is amended by  adding  a
 new section 27-2119 to read as follows:

 

S 27-2119. MERCURY-CONTAINING THERMOSTAT COLLECTION PROGRAM.
 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:

 (A)  "MANUFACTURER"  MEANS THE ENTITY THAT OWNS A NAME BRAND OF MERCU
 RY-CONTAINING THERMOSTATS.
 (B) "MERCURY-CONTAINING THERMOSTAT" MEANS A  PRODUCT  OR  DEVICE  THAT
 USES  A  MERCURY  SWITCH  TO  SENSE AND CONTROL ROOM TEMPERATURE THROUGH
 COMMUNICATION WITH HEATING, VENTILATING, OR AIR-CONDITIONING  EQUIPMENT.
 "MERCURY-CONTAINING  THERMOSTAT"  INCLUDES THERMOSTATS USED TO SENSE AND
 CONTROL ROOM TEMPERATURE  IN  RESIDENTIAL,  COMMERCIAL,  INDUSTRIAL  AND
 OTHER  BUILDINGS  BUT  DOES  NOT  INCLUDE A THERMOSTAT USED TO SENSE AND
 CONTROL TEMPERATURE AS PART OF A MANUFACTURING PROCESS.
 (C) "THERMOSTAT RETAILER" MEANS ANY INDIVIDUAL, CORPORATION,  PARTNER
 SHIP, COOPERATIVE, ASSOCIATION, FIRM, OR OTHER ENTITY THAT SELLS THERMO
 STATS  OF  ANY  KIND  DIRECTLY  TO  HOMEOWNERS OR OTHER NONPROFESSIONALS
 THROUGH ANY SELLING OR DISTRIBUTION MECHANISM, INCLUDING BUT NOT LIMITED
 TO SALES USING THE INTERNET OR CATALOGUES. A  RETAILER  MAY  ALSO  BE  A
 WHOLESALER IF IT MEETS THE DEFINITION OF A WHOLESALER.
 (D)  "THERMOSTAT  WHOLESALER" MEANS ANY INDIVIDUAL, CORPORATION, PART
 NERSHIP, COOPERATIVE, ASSOCIATION, FIRM, OR OTHER ENTITY THAT IS ENGAGED
 PRIMARILY IN THE DISTRIBUTION AND WHOLESALE OF HEATING, VENTILATION, AND
 AIR-CONDITIONING COMPONENTS TO CONTRACTORS WHO INSTALL  HEATING,  VENTI
 LATION, AND AIR-CONDITIONING COMPONENTS.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02935-03-1
 
       S. 4833                             2
 2.  MANUFACTURER RESPONSIBILITIES. (A) EACH MERCURY-CONTAINING THERMO
 STAT MANUFACTURER THAT HAS OFFERED FOR FINAL SALE, SOLD AT  FINAL  SALE,
 OR  HAS  DISTRIBUTED  MERCURY-CONTAINING  THERMOSTATS IN NEW YORK SHALL,
 INDIVIDUALLY OR COLLECTIVELY, AND NOT LATER THAN JUNE FIRST,  TWO  THOU
 SAND  THIRTEEN,  SUBMIT  A  PLAN  TO  THE  DEPARTMENT  FOR APPROVAL THAT
 DESCRIBES A COLLECTION  PROGRAM  FOR  OUT-OF-SERVICE  MERCURY-CONTAINING
 THERMOSTATS  FROM  CONTRACTORS,  SERVICE TECHNICIANS AND HOMEOWNERS. THE
 COLLECTION PROGRAM SHALL NOT INVOLVE ANY  DIRECT  COST  TO  CONTRACTORS,
 SERVICE  TECHNICIANS OR HOMEOWNERS FOR PARTICIPATING IN THE PROGRAM. THE
 COLLECTION PROGRAM MAY INCLUDE A FINANCIAL INCENTIVE FOR THE  RETURN  OF
 EACH  MERCURY-CONTAINING  THERMOSTAT IN THE FORM OF CASH OR COUPONS THAT
 ARE REDEEMABLE BY CONTRACTORS AND/OR HOMEOWNERS.
 THE COLLECTION PROGRAM SHALL AT A MINIMUM INCLUDE:

 (I) AN EDUCATION AND OUTREACH  PROGRAM  DIRECTED  TOWARD  WHOLESALERS,
 RETAILERS,  CONTRACTORS  AND HOMEOWNERS. SUCH PROGRAM SHALL BE CONDUCTED
 AT NO COST TO SUCH ENTITIES.
 (II) THE DISTRIBUTION OF CONTAINERS FOR MERCURY-CONTAINING  THERMOSTAT
 COLLECTION.  COLLECTION  METHODS  MAY  INCLUDE,  BUT ARE NOT LIMITED TO,
 INDIVIDUAL PRODUCT MAIL RETURN AND/OR MULTIPLE COLLECTION CONTAINERS AND
 COLLECTION SITES LOCATED  AT  THERMOSTAT  RETAILERS,  THERMOSTAT  WHOLE
 SALERS,  MUNICIPALITIES  FOR  COLLECTION  AT  HOUSEHOLD  HAZARDOUS WASTE
 COLLECTION FACILITIES OR HOUSEHOLD HAZARDOUS WASTE EVENTS.
 (III)  MEASURES  TO  PROTECT  AGAINST   THE   FRAUDULENT   RETURN   OF
 MERCURY-CONTAINING THERMOSTATS.
 (IV)  CRITERIA  TO ENCOURAGE THE PURCHASE OF MERCURY-FREE PROGRAMMABLE
 THERMOSTATS QUALIFIED BY THE ENERGY STAR  PROGRAM  AS  REPLACEMENTS  FOR
 MERCURY-CONTAINING THERMOSTATS.
 (V) CRITERIA TO ENSURE THAT THE CAPTURE RATE OF OUT-OF-SERVICE MERCURY
 THERMOSTATS IS MAXIMIZED AND THE ESTABLISHMENT OF A COLLECTION GOAL.
 (B)  NOT LATER THAN DECEMBER FIRST, TWO THOUSAND THIRTEEN, MANUFACTUR
 ERS OF MERCURY-CONTAINING THERMOSTATS  SHALL  IMPLEMENT  THE  COLLECTION
 PROGRAM OUTLINED IN THEIR PLAN.
 (C)  BEGINNING  JUNE FIRST, TWO THOUSAND FOURTEEN, AND ANNUALLY THERE
 AFTER, EACH MANUFACTURER OF MERCURY-CONTAINING THERMOSTATS SHALL  SUBMIT
 A  REPORT  TO  THE DEPARTMENT THAT INCLUDES, AT A MINIMUM, THE FOLLOWING
 INFORMATION:

 (I) THE NUMBER OF MERCURY-CONTAINING THERMOSTATS COLLECTED  AND  RECY
 CLED BY THE MANUFACTURER DURING THE PREVIOUS CALENDAR YEAR.
 (II) THE ESTIMATED TOTAL AMOUNT OF MERCURY CONTAINED IN THE THERMOSTAT
 COMPONENTS COLLECTED BY THAT MANUFACTURER IN THE PREVIOUS CALENDAR YEAR.
 (III)  AN  EVALUATION  OF  THE  EFFECTIVENESS  OF  THE  MANUFACTURER'S
 COLLECTION PROGRAM AND ANY FINANCIAL INCENTIVES.
 (IV) AN ACCOUNTING OF THE ADMINISTRATIVE COSTS INCURRED IN THE  COURSE
 OF  ADMINISTERING THE COLLECTION AND RECYCLING PROGRAM AND ANY FINANCIAL
 INCENTIVE PLAN.
 3. DEPARTMENT RESPONSIBILITIES. (A) WITHIN NINETY DAYS OF RECEIPT OF A
 COMPLETE MANUFACTURER PLAN REQUIRED BY SUBDIVISION TWO OF THIS  SECTION,
 THE  DEPARTMENT SHALL REVIEW AND MAY GRANT, DENY OR APPROVE WITH MODIFI
 CATIONS. THE DEPARTMENT SHALL NOT APPROVE A PLAN UNLESS ALL ELEMENTS  OF
 SUBDIVISION TWO OF THIS SECTION ARE ADEQUATELY ADDRESSED. IN REVIEWING A
 PLAN,   THE  DEPARTMENT  MAY  CONSIDER  CONSISTENCY  OF  THE  PLAN  WITH
 COLLECTION IN OTHER STATES AND CONSIDER CONSISTENCY BETWEEN MANUFACTURER
 PROGRAMS. IN REVIEWING PLANS, THE DEPARTMENT SHALL ENSURE THAT EDUCATION
 AND OUTREACH PROGRAMS ARE UNIFORM  AND  CONSISTENT  TO  ENSURE  EASE  OF
 IMPLEMENTATION.
 
       S. 4833                             3
 (B)  THE  DEPARTMENT  SHALL MAINTAIN AND POST ON ITS WEBSITE A LIST OF
 ENTITIES AND LOCATIONS THAT SERVE AS COLLECTION POINTS FOR  MERCURY-CON
 TAINING  THERMOSTATS,  INCLUDING  BUT  NOT LIMITED TO MUNICIPALITIES AND
 THERMOSTAT RETAILERS AND THERMOSTAT WHOLESALERS.
 (C)  IN  CONJUNCTION WITH THE EDUCATIONAL AND OUTREACH PROGRAMS IMPLE
 MENTED BY MANUFACTURERS, THE DEPARTMENT MAY  CONDUCT  AN  EDUCATION  AND
 OUTREACH  PROGRAM  DIRECTED  AT WHOLESALERS, RETAILERS, CONTRACTORS, AND
 HOMEOWNERS TO PROMOTE THE  COLLECTION  OF  DISCARDED  MERCURY-CONTAINING
 THERMOSTATS.
 (D) BY DECEMBER FIRST, TWO THOUSAND FOURTEEN, AND ANNUALLY THEREAFTER,
 THE  DEPARTMENT  SHALL  POST  A  REPORT  ON  ITS  WEBSITE  DETAILING THE
 COLLECTION AND RECYCLING OF MERCURY-CONTAINING THERMOSTATS IN THE STATE.
 SUCH REPORT SHALL INCLUDE AN EVALUATION  OF  THE  EFFECTIVENESS  OF  THE
 THERMOSTAT  COLLECTION AND RECYCLING PROGRAMS, AND INFORMATION ON ACTUAL
 COLLECTION RATES.
 (E) BY JANUARY FIFTEENTH, TWO THOUSAND FOURTEEN, AND  ANNUALLY  THERE
 AFTER,  THE DEPARTMENT SHALL ESTIMATE THE NUMBER OF OUT-OF-SERVICE THER
 MOSTATS GENERATED IN NEW YORK ON AN ANNUAL BASIS. BEGINNING JUNE  FIRST,
 TWO  THOUSAND  FIFTEEN,  SHOULD COLLECTION EFFORTS FAIL TO RESULT IN THE
 COLLECTION AND RECYCLING OF AT LEAST TWENTY-FIVE PERCENT OF THE  OUT-OF
 SERVICE  MERCURY-CONTAINING THERMOSTATS IN THE STATE, THE DEPARTMENT MAY
 REQUIRE MODIFICATION  TO  MANUFACTURERS'  COLLECTION  PLANS  TO  IMPROVE
 COLLECTION RATES INCLUDING A REQUIREMENT TO IMPLEMENT A FINANCIAL INCEN
 TIVE  IN  THE  FORM OF CASH OR COUPONS NOT LESS THAN FIVE DOLLARS OR NOT
 GREATER THAN TEN DOLLARS THAT ARE REDEEMABLE BY CONTRACTORS AND/OR HOME
 OWNERS.  BEGINNING JUNE FIRST, TWO THOUSAND SEVENTEEN, SHOULD COLLECTION
 EFFORTS FAIL TO RESULT IN THE  COLLECTION  AND  RECYCLING  OF  AT  LEAST
 SIXTY-FIVE  PERCENT OF THE OUT-OF-SERVICE MERCURY-CONTAINING THERMOSTATS
 IN THE STATE, THE DEPARTMENT SHALL REQUIRE MODIFICATION  TO  MANUFACTUR
 ERS'  COLLECTION  PLANS  TO INCLUDE A FINANCIAL INCENTIVE IN THE FORM OF
 CASH OR COUPONS NOT LESS THAN FIVE DOLLARS OR GREATER THAN  TEN  DOLLARS
 THAT ARE REDEEMABLE BY CONTRACTORS AND/OR HOMEOWNERS.  BEGINNING JANUARY
 FIFTEENTH,  TWO  THOUSAND  TWENTY,  THE DEPARTMENT MAY ADOPT REGULATIONS
 SETTING FORTH FUTURE COLLECTION GOALS.
 

S 2. This act shall take effect immediately.

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