This bill has been amended

Bill S4345B-2011

Requires manufacturers of thermostats to collect mercury-containing thermostats

Requires manufacturers of thermostats to collect mercury-containing thermostats; requires educational outreach; establishes collection goals; requires reporting of collection efforts; imposes civil penalties.

Details

Actions

  • Jun 12, 2012: COMMITTED TO FINANCE
  • Jun 11, 2012: ADVANCED TO THIRD READING
  • Jun 6, 2012: 2ND REPORT CAL.
  • Jun 5, 2012: 1ST REPORT CAL.1038
  • Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Jun 16, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 15, 2011: PRINT NUMBER 4345B
  • Jun 15, 2011: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • Jun 14, 2011: PRINT NUMBER 4345A
  • Jun 14, 2011: AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • Mar 30, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Jun 5, 2012
Ayes (11): Grisanti, LaValle, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Oppenheimer, Serrano, Stewart-Cousins
Ayes W/R (3): Johnson, Little, Perkins

Memo

BILL NUMBER:S4345B

TITLE OF BILL: An act to amend the environmental conservation law, in relation to the collection of mercury-containing thermostats; and providing for the repeal of such provisions upon expiration thereof

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

SUMMARY OF SPECIFIC PROVISIONS: Section 1 establishes the Mercury Thermostat Collection Act.

Section 2 amends the Environmental Conservation Law by adding a new section 27-2119, which requires manufacturers to establish and maintain a collection program for out-of-service mercury-containing thermostats.

Subsection 1 provides definitions.

Subsection 2 provides that manufacturers shall establish and maintain a collection program for the collection, transportation, and proper management of out-of-service mercury thermostats.

Subsection 3 provides requirements with respect to the mercury thermostat collection program, including establishing a system to collect, transport, and properly manage out-of-service mercury thermostats from all collection sites established under this section, and conducting education and outreach efforts.

Subsection 4 requires thermostat manufacturers to submit proposed revisions for the department's review and approval if the collection programs do not collectively achieve the collection goals provided in subdivision eight of this section for 2014, 2016, 2018 or 2020.

Subsection 5 provides that the department shall review and approve, disapprove, or approve with modifications the proposed collection program revisions within 90 days of receipt.

Subsections 6 and 7 require thermostat manufacturers to submit a mid-term and annual report.

Subsection 8 provides collective collection goals for calendar years 2013 and 2014. This subsection further provides that for calendar years 2015-2022, collection goals shall be established by the department.

Subsection 9 provides that all contractors, thermostat wholesalers, thermostat manufacturers, and thermostat retailers participating in the program shall handle and manage the out-of-service mercury thermostats in a manner that is consistent with the provisions of the collection, treatment and disposal of refuse and other solid waste as regulated by the department.

Subsection 10 provides requirements with respect to wholesalers.

Subsection 11 provides requirements with respect to persons or contractors replacing mercury-containing thermostats from a building; demolishing a building containing mercury-containing thermostats; or replacing mercury containing thermostats from any location in the state that is participating in an energy and/or weatherization program.

Subsection 12 provides that a thermostat wholesaler or thermostat retailer is prohibited from offering, selling or distributing any thermostat for final sale where the manufacturer of such thermostat is not in compliance with this section.

Subsection 13 requires the department to maintain on its website information regarding the collection and proper management of out-of-service mercury thermostats in the state.

Subsection 14 provides that no later than November 1, 2021, the department shall submit a written report to the governor and the legislature regarding the collection program.

Subsection 15 requires the department to conduct outreach to promote the collection and proper management of out-of-service mercury thermostats.

Section 3 provides the effective date.

JUSTIFICATION: Mercury is a persistent and toxic pollutant that bioaccumulates in the environment. Mercury deposition has proven to be a significant problem in the northeastern united states. Consumption of mercury-contaminated freshwater fish poses a significant public health threat to the residents of New York.

According to a 2004 study by the U.S. Environmental Protection Agency titled "International mercury market study and the role and impact of U.S. environmental policy," more than ten percent (10%) of the estimated mercury reservoir in the united States is in thermostats.

The intent of this bill is to achieve significant reductions in environmental mercury by establishing a program to collect mercury-containing thermostats.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4345--B 2011-2012 Regular Sessions IN SENATE March 30, 2011 ___________
Introduced by Sens. GRISANTI, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to the collection of mercury-containing thermostats; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act may be cited as the "Mercury Thermo- stat Collection Act". S 2. The environmental conservation law is amended by adding a new section 27-2119 to read as follows: S 27-2119. MERCURY-CONTAINING THERMOSTAT COLLECTION. 1. FOR PURPOSES OF THIS SECTION: (A) "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPOR- TATION, RECYCLING, AND DISPOSAL OF OUT-OF-SERVICE MERCURY THERMOSTATS THAT IS FINANCED AND MANAGED OR PROVIDED BY A THERMOSTAT MANUFACTURER INDIVIDUALLY OR COLLECTIVELY WITH OTHER THERMOSTAT MANUFACTURERS IN ACCORDANCE WITH THIS SECTION. (B) "CONTRACTOR" MEANS A PERSON ENGAGED IN THE BUSINESS OF INSTALLA- TION, SERVICE, OR REMOVAL OF HEATING, VENTILATION, AND AIR-CONDITIONING COMPONENTS. (C) "MERCURY THERMOSTAT" MEANS A THERMOSTAT THAT MEETS THE DEFINITION OF A "MERCURY THERMOSTAT" UNDER SUBSECTION (F) OF SECTION 22.23B OF THE ENVIRONMENTAL PROTECTION ACT. (D) "OUT-OF-SERVICE MERCURY THERMOSTAT" MEANS A MERCURY THERMOSTAT THAT IS REMOVED, REPLACED, OR OTHERWISE TAKEN OUT OF SERVICE.
(E) "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP, CO-PARTNERSHIP, FIRM, COMPANY, LIMITED LIABILITY COMPANY, CORPORATION, ASSOCIATION, JOINT STOCK COMPANY, TRUST, ESTATE, POLITICAL SUBDIVISION, STATE AGENCY, OR ANY OTHER LEGAL ENTITY, OR ITS LEGAL REPRESENTATIVES, AGENTS, OR ASSIGNS. (F) "QUALIFIED CONTRACTOR" MEANS A PERSON ENGAGED IN THE BUSINESS OF INSTALLATION, SERVICE, OR REMOVAL OF HEATING, VENTILATION, AND AIR-CON- DITIONING COMPONENTS WHO EMPLOYS SEVEN OR MORE SERVICE TECHNICIANS OR INSTALLERS OR WHO IS LOCATED IN AN AREA OUTSIDE OF AN URBAN AREA, AS DEFINED BY THE UNITED STATES BUREAU OF THE CENSUS. (G) "QUALIFIED LOCAL GOVERNMENT AUTHORITIES" MEANS HOUSEHOLD HAZARDOUS WASTE FACILITIES, SOLID WASTE MANAGEMENT AGENCIES, ENVIRONMENTAL MANAGE- MENT AGENCIES, OR DEPARTMENTS OF PUBLIC HEALTH. (H) "THERMOSTAT MANUFACTURER" MEANS A PERSON WHO OWNS OR OWNED A NAME BRAND OF ONE OR MORE MERCURY THERMOSTATS SOLD IN THE STATE. (I) "THERMOSTAT RETAILER" MEANS A PERSON WHO SELLS THERMOSTATS OF ANY KIND PRIMARILY TO HOMEOWNERS OR OTHER NONPROFESSIONALS THROUGH ANY SALE OR DISTRIBUTION MECHANISM, INCLUDING, BUT NOT LIMITED TO, SALES USING THE INTERNET OR CATALOGS. A THERMOSTAT RETAILER THAT MEETS THE DEFI- NITION OF THERMOSTAT WHOLESALER SHALL BE CONSIDERED A THERMOSTAT WHOLE- SALER. (J) "THERMOSTAT WHOLESALER" MEANS A PERSON WHO IS ENGAGED IN THE DISTRIBUTION AND WHOLESALE SELLING OF HEATING, VENTILATION, AND AIR-CON- DITIONING COMPONENTS, INCLUDING, BUT NOT LIMITED TO, THERMOSTATS, TO CONTRACTORS, AND WHOSE TOTAL WHOLESALE SALES ACCOUNT FOR EIGHTY PERCENT OR MORE OF ITS TOTAL SALES. A THERMOSTAT MANUFACTURER, AS DEFINED IN PARAGRAPH (H) OF THIS SUBDIVISION, IS NOT A THERMOSTAT WHOLESALER. 2. EACH THERMOSTAT MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY WITH OTHER THERMOSTAT MANUFACTURERS, ESTABLISH AND MAINTAIN A COLLECTION PROGRAM FOR THE COLLECTION, TRANSPORTATION, AND PROPER MANAGEMENT OF OUT-OF-SERVICE MERCURY THERMOSTATS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. 3. EACH THERMOSTAT MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY WITH OTHER THERMOSTAT MANUFACTURERS THROUGH A COLLECTION PROGRAM, DO THE FOLLOWING: (A) ON AND AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, COMPILE A LIST OF THERMOSTAT WHOLESALERS IN THE STATE AND OFFER EACH THERMOSTAT WHOLE- SALER CONTAINERS FOR THE COLLECTION OF OUT-OF-SERVICE MERCURY THERMO- STATS. (B) ON AND AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, MAKE COLLECTION CONTAINERS AVAILABLE TO ALL QUALIFIED CONTRACTORS, THERMOSTAT WHOLE- SALERS, THERMOSTAT RETAILERS, AND QUALIFIED LOCAL GOVERNMENT AUTHORITIES IN THIS STATE THAT REQUEST A CONTAINER. EACH THERMOSTAT MANUFACTURER SHALL WITH EACH CONTAINER INCLUDE INFORMATION REGARDING THE PROPER MANAGEMENT OF OUT-OF-SERVICE MERCURY THERMOSTATS AS UNIVERSAL WASTE IN ACCORDANCE WITH THE COLLECTION PROGRAM AND DEPARTMENT RULES. (C) ESTABLISH A SYSTEM TO COLLECT, TRANSPORT, AND PROPERLY MANAGE OUT-OF-SERVICE MERCURY THERMOSTATS FROM ALL COLLECTION SITES ESTABLISHED UNDER THIS SECTION. (D) NOT INCLUDE ANY FEES OR OTHER CHARGES TO PERSONS PARTICIPATING IN THE PROGRAM, EXCEPT THAT EACH THERMOSTAT WHOLESALER, QUALIFIED CONTRAC- TOR, QUALIFIED LOCAL GOVERNMENT AUTHORITY, OR THERMOSTAT RETAILER THAT IS PROVIDED WITH ONE OR MORE COLLECTION CONTAINERS MAY BE CHARGED A ONE-TIME PROGRAM ADMINISTRATION FEE NOT TO EXCEED SEVENTY-FIVE DOLLARS PER COLLECTION CONTAINER.
(E) FROM JANUARY FIRST, TWO THOUSAND THIRTEEN, THROUGH DECEMBER THIR- TY-FIRST, TWO THOUSAND FIFTEEN, CONDUCT EDUCATION AND OUTREACH EFFORTS, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: (1) CREATE A PUBLIC SERVICE ANNOUNCEMENT PROMOTING COLLECTION AND PROPER MANAGEMENT OF OUT-OF-SERVICE MERCURY THERMOSTATS, COPIES OF WHICH SHALL BE PROVIDED TO THE DEPARTMENT; (2) ESTABLISH AND MAINTAIN A PUBLICLY ACCESSIBLE WEBSITE FOR THE DISSEMINATION OF EDUCATIONAL MATERIALS TO PROMOTE THE COLLECTION OF OUT-OF-SERVICE MERCURY THERMOSTATS. THIS WEBSITE SHALL INCLUDE TEMPLATES OF THE EDUCATIONAL MATERIALS ON THE INTERNET WEBSITE IN A FORM AND FORMAT THAT CAN BE EASILY DOWNLOADED AND PRINTED. THE LINK TO THIS WEBSITE SHALL BE PROVIDED TO THE DEPARTMENT; (3) CONTACT THERMOSTAT WHOLESALERS AT LEAST ONCE A YEAR TO ENCOURAGE THEIR SUPPORT AND PARTICIPATION IN EDUCATING THEIR CUSTOMERS ON THE IMPORTANCE OF AND STATUTORY REQUIREMENTS FOR THE COLLECTION AND PROPER MANAGEMENT OF OUT-OF-SERVICE MERCURY THERMOSTATS; (4) DEVELOP AND IMPLEMENT STRATEGIES TO ENCOURAGE PARTICIPATING THER- MOSTAT RETAILERS TO EDUCATE THEIR CUSTOMERS ON THE IMPORTANCE OF AND OPPORTUNITIES FOR COLLECTING AND RECYCLING OUT-OF-SERVICE MERCURY THER- MOSTATS; (5) CREATE AND MAINTAIN A WEB-BASED PROGRAM THAT ALLOWS CONTRACTORS AND CONSUMERS TO IDENTIFY COLLECTION SITES FOR OUT-OF-SERVICE MERCURY THERMOSTATS BY ZIP CODE IN THE STATE; (6) PREPARE AND MAIL TO CONTRACTOR ASSOCIATIONS A POSTCARD OR OTHER NOTICE THAT PROVIDES INFORMATION ON THE COLLECTION PROGRAM FOR OUT-OF-SERVICE MERCURY THERMOSTATS; AND (7) DEVELOP INFORMATIONAL ARTICLES, PRESS RELEASES, AND NEWS STORIES PERTAINING TO THE IMPORTANCE OF AND OPPORTUNITIES FOR COLLECTING AND RECYCLING OUT-OF-SERVICE MERCURY THERMOSTATS AND DISTRIBUTE THOSE MATE- RIALS TO TRADE PUBLICATIONS, LOCAL MEDIA, AND STAKEHOLDER GROUPS. (F) ON OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN, DEVELOP AND UPDATE AS NECESSARY EDUCATIONAL AND OTHER OUTREACH MATERIALS FOR DISTRIBUTION TO CONTRACTORS, CONTRACTOR ASSOCIATIONS, AND CONSUMERS. THOSE MATERIALS SHALL BE MADE AVAILABLE FOR USE BY PARTICIPATING THERMO- STAT WHOLESALERS, THERMOSTAT RETAILERS, CONTRACTORS, AND QUALIFIED LOCAL GOVERNMENT AUTHORITIES. THE MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (1) SIGNAGE, SUCH AS POSTERS AND CLING SIGNAGE, THAT CAN BE PROMINENT- LY DISPLAYED TO PROMOTE THE COLLECTION OF OUT-OF-SERVICE MERCURY THERMO- STATS TO CONTRACTORS AND CONSUMERS; AND (2) WRITTEN MATERIALS OR TEMPLATES OF MATERIALS FOR REPRODUCTION BY THERMOSTAT WHOLESALERS AND THERMOSTAT RETAILERS TO BE PROVIDED TO CUSTOMERS AT THE TIME OF PURCHASE OR DELIVERY OF A THERMOSTAT. THE MATE- RIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION ON THE IMPOR- TANCE OF PROPERLY MANAGING OUT-OF-SERVICE MERCURY THERMOSTATS AND OPPOR- TUNITIES FOR THE COLLECTION OF THOSE THERMOSTATS. (G) PROVIDE AN OPPORTUNITY FOR THE DEPARTMENT AND OTHER INTERESTED STAKEHOLDERS TO OFFER FEEDBACK AND SUGGESTIONS ON THE COLLECTION PROGRAM. 4. IF THE COLLECTION PROGRAMS DO NOT COLLECTIVELY ACHIEVE THE COLLECTION GOALS PROVIDED FOR IN SUBDIVISION EIGHT OF THIS SECTION FOR CALENDAR YEAR TWO THOUSAND FOURTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND EIGHTEEN OR TWO THOUSAND TWENTY, THERMOSTAT MANUFACTURERS SHALL, INDI- VIDUALLY OR COLLECTIVELY, SUBMIT TO THE DEPARTMENT FOR REVIEW AND APPROVAL PROPOSED REVISIONS TO THE COLLECTION PROGRAMS THAT ARE DESIGNED TO ACHIEVE THE GOALS IN SUBSEQUENT CALENDAR YEARS. THE PROPOSED
REVISIONS SHALL BE SUBMITTED TO THE DEPARTMENT WITH THE ANNUAL REPORT REQUIRED IN SUBDIVISION SEVEN OF THIS SECTION. 5. WITHIN NINETY DAYS AFTER RECEIPT OF THE PROPOSED COLLECTION PROGRAM REVISIONS REQUIRED UNDER SUBDIVISION FOUR OF THIS SECTION, THE DEPART- MENT SHALL REVIEW AND APPROVE, DISAPPROVE, OR APPROVE WITH MODIFICATIONS THE PROPOSED COLLECTION PROGRAM REVISIONS. (A) THE DEPARTMENT SHALL APPROVE PROPOSED REVISIONS IF THE DEPARTMENT DETERMINES THAT THE REVISED COLLECTION PROGRAMS WILL COLLECTIVELY ACHIEVE THE COLLECTION GOALS SET FORTH IN SUBDIVISION EIGHT OF THIS SECTION. (B) IF THE DEPARTMENT DETERMINES THE REVISED COLLECTION PROGRAMS WILL NOT COLLECTIVELY ACHIEVE THE COLLECTION GOALS SET FORTH IN SUBDIVISION EIGHT OF THIS SECTION, THE DEPARTMENT MAY REQUIRE MODIFICATIONS TO ONE OR MORE COLLECTION PROGRAMS THAT THE DEPARTMENT DETERMINES ARE NECESSARY TO ACHIEVE THE COLLECTION GOALS. MODIFICATIONS REQUIRED BY THE DEPART- MENT MAY INCLUDE IMPROVEMENTS TO OUTREACH AND EDUCATION CONDUCTED UNDER THE COLLECTION PROGRAM, EXPANSION OF THE NUMBER AND LOCATION OF COLLECTION SITES ESTABLISHED UNDER THE PROGRAM, MODIFICATION OF THE ROLES OF PARTICIPANTS, AND A FIVE DOLLAR FINANCIAL INCENTIVE IN THE FORM OF EITHER CASH OR A COUPON OFFERED BY THE MANUFACTURER TO CONTRACTORS AND CONSUMERS FOR EACH OUT-OF-SERVICE MERCURY THERMOSTAT RETURNED TO A COLLECTION SITE. (C) PRIOR TO ISSUING ANY DECISION UNDER THIS SUBDIVISION, THE DEPART- MENT SHALL CONSULT WITH THERMOSTAT MANUFACTURERS AND OTHER INTERESTED GROUPS. (D) THERMOSTAT MANUFACTURERS SHALL BEGIN THE PROCESS TO IMPLEMENT COLLECTION PROGRAM REVISIONS APPROVED BY THE DEPARTMENT, WITH OR WITHOUT MODIFICATIONS, WITHIN NINETY DAYS AFTER APPROVAL. (E) IF THE PROGRAM REVISIONS ARE DISAPPROVED, THE DEPARTMENT SHALL NOTIFY THE THERMOSTAT MANUFACTURERS IN WRITING AS TO THE REASONS FOR THE DISAPPROVAL. THE THERMOSTAT MANUFACTURERS SHALL HAVE THIRTY-FIVE DAYS TO SUBMIT A NEW COLLECTION PROGRAM REVISION. 6. NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND THIRTEEN, AND NO LATER THAN SEPTEMBER FIRST OF EACH YEAR THEREAFTER, EACH THERMOSTAT MANUFAC- TURER SHALL, INDIVIDUALLY OR COLLECTIVELY WITH OTHER THERMOSTAT MANUFAC- TURERS, SUBMIT A MID-TERM REPORT ON ITS COLLECTION PROGRAM TO THE DEPARTMENT COVERING THE SIX-MONTH PERIOD BEGINNING ON JANUARY FIRST OF THE YEAR IN WHICH THE REPORT IS DUE. THE MID-TERM REPORT SHALL IDENTIFY THE NUMBER OF OUT-OF-SERVICE MERCURY THERMOSTATS COLLECTED UNDER THE PROGRAM AND A LISTING OF ALL COLLECTION SITES IN THE STATE. 7. NO LATER THAN APRIL FIRST, TWO THOUSAND FOURTEEN, AND NO LATER THAN APRIL FIRST OF EACH YEAR THEREAFTER, EACH THERMOSTAT MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY WITH OTHER THERMOSTAT MANUFACTURERS, SUBMIT AN ANNUAL REPORT ON ITS COLLECTION PROGRAM TO THE DEPARTMENT COVERING THE ONE-YEAR PERIOD ENDING DECEMBER THIRTY-FIRST OF THE PREVIOUS YEAR. EACH REPORT SHALL BE POSTED ON THE MANUFACTURER'S OR PROGRAM OPERATOR'S RESPECTIVE INTERNET WEBSITE. THE ANNUAL REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (A) THE NUMBER OF OUT-OF-SERVICE MERCURY THERMOSTATS COLLECTED AND MANAGED UNDER THIS SECTION DURING THE PREVIOUS CALENDAR YEAR; (B) THE ESTIMATED TOTAL AMOUNT OF MERCURY CONTAINED IN THE OUT-OF-SER- VICE MERCURY THERMOSTATS COLLECTED UNDER THIS SECTION DURING THE PREVI- OUS CALENDAR YEAR; (C) THE NUMBER OF OUT-OF-SERVICE MERCURY THERMOSTATS COLLECTED IN EACH OTHER STATE DURING THE PREVIOUS CALENDAR YEAR;
(D) AN EVALUATION OF THE EFFECTIVENESS OF THE COLLECTION PROGRAM, INCLUDING BUT NOT LIMITED TO ITS EFFECTIVENESS RELATIVE TO OTHER STATES; (E) A LIST OF ALL THERMOSTAT WHOLESALERS, CONTRACTORS, QUALIFIED LOCAL GOVERNMENT AUTHORITIES, AND THERMOSTAT RETAILERS PARTICIPATING IN THE PROGRAM AS MERCURY THERMOSTAT COLLECTION SITES AND THE NUMBER OF OUT-OF-SERVICE MERCURY THERMOSTATS RETURNED BY EACH; (F) AN ACCOUNTING OF THE PROGRAM'S ADMINISTRATIVE COSTS; (G) A DESCRIPTION OF OUTREACH STRATEGIES EMPLOYED UNDER PARAGRAPH (E) OF SUBDIVISION THREE OF THIS SECTION; (H) EXAMPLES OF OUTREACH AND EDUCATIONAL MATERIALS USED UNDER PARA- GRAPH (F) OF SUBDIVISION THREE OF THIS SECTION; (I) THE INTERNET WEBSITE ADDRESS OR ADDRESSES WHERE THE ANNUAL REPORT MAY BE VIEWED ONLINE; (J) A DESCRIPTION OF HOW THE OUT-OF-SERVICE MERCURY THERMOSTATS WERE MANAGED; (K) ANY MODIFICATIONS THAT THE THERMOSTAT MANUFACTURER HAS MADE OR IS PLANNING TO MAKE IN ITS COLLECTION PROGRAM; AND (L) THE IDENTIFICATION OF A COLLECTION PROGRAM CONTACT AND THE BUSI- NESS PHONE NUMBER, MAILING ADDRESS, AND E-MAIL ADDRESS FOR THE CONTACT. 8. THE COLLECTION PROGRAMS ESTABLISHED BY THERMOSTAT MANUFACTURERS UNDER THIS SECTION SHALL BE DESIGNED TO COLLECTIVELY ACHIEVE THE FOLLOW- ING STATEWIDE GOALS: (A) FOR CALENDAR YEAR TWO THOUSAND THIRTEEN, THE COLLECTION OF AT LEAST SEVENTY-FIVE HUNDRED MERCURY THERMOSTATS TAKEN OUT OF SERVICE IN THE STATE DURING THE CALENDAR YEAR. (B) FOR CALENDAR YEAR TWO THOUSAND FOURTEEN, THE COLLECTION OF AT LEAST TWENTY-TWO THOUSAND FIVE HUNDRED MERCURY THERMOSTATS TAKEN OUT OF SERVICE IN THE STATE DURING THE CALENDAR YEAR. (C) FOR CALENDAR YEARS TWO THOUSAND FIFTEEN THROUGH TWO THOUSAND TWEN- TY-TWO, THE COLLECTION GOALS SHALL BE ESTABLISHED BY THE DEPARTMENT. THE DEPARTMENT SHALL ESTABLISH COLLECTION GOALS NO LATER THAN NOVEMBER FIRST, TWO THOUSAND FOURTEEN FOR CALENDAR YEAR TWO THOUSAND FIFTEEN, AND NOVEMBER FIRST ANNUALLY THEREAFTER FOR EACH SUBSEQUENT YEAR. THE COLLECTION GOALS ESTABLISHED BY THE DEPARTMENT SHALL MAXIMIZE THE ANNUAL COLLECTION OF OUT-OF-SERVICE MERCURY THERMOSTATS IN THE STATE. IN DEVEL- OPING THE COLLECTION GOALS, THE DEPARTMENT SHALL TAKE INTO ACCOUNT, AT A MINIMUM, (I) THE EFFECTIVENESS OF COLLECTION PROGRAMS FOR OUT-OF-SERVICE MERCURY THERMOSTATS IN THE STATE AND OTHER STATES, INCLUDING EDUCATION AND OUTREACH EFFORTS, (II) COLLECTION REQUIREMENTS IN OTHER STATES, (III) ANY REPORTS OR STUDIES ON THE NUMBER OF OUT-OF-SERVICE MERCURY THERMOSTATS THAT ARE AVAILABLE FOR COLLECTION IN THIS STATE, OTHER STATES, AND NATIONALLY, AND (IV) OTHER FACTORS. PRIOR TO ESTABLISHING THE COLLECTION GOALS, THE DEPARTMENT SHALL CONSULT WITH STAKEHOLDER GROUPS THAT INCLUDE, AT A MINIMUM, REPRESENTATIVES OF THERMOSTAT MANUFACTURERS, ENVIRONMENTAL GROUPS, THERMOSTAT WHOLESALERS, CONTRAC- TORS, AND THERMOSTAT RETAILERS. 9. ALL CONTRACTORS, THERMOSTAT WHOLESALERS, THERMOSTAT MANUFACTURERS, AND THERMOSTAT RETAILERS PARTICIPATING IN THE PROGRAM SHALL HANDLE AND MANAGE THE OUT-OF-SERVICE MERCURY THERMOSTATS IN A MANNER THAT IS CONSISTENT WITH THE PROVISIONS OF THE COLLECTION, TREATMENT AND DISPOSAL OF REFUSE AND OTHER SOLID WASTE AS REGULATED BY THE DEPARTMENT. 10. ON AND AFTER JULY FIRST, TWO THOUSAND THIRTEEN, NO THERMOSTAT WHOLESALER SHALL SELL, OFFER TO SELL, DISTRIBUTE, OR OFFER TO DISTRIBUTE THERMOSTATS UNLESS THE WHOLESALER: (A) PARTICIPATES AS A COLLECTION SITE FOR OUT-OF-SERVICE MERCURY THER- MOSTATS;
(B) USES THE CONTAINERS PROVIDED BY THE COLLECTION PROGRAM TO FACILI- TATE COLLECTION OF OUT-OF-SERVICE MERCURY THERMOSTATS BY CONTRACTORS; (C) COMPLIES WITH THE REQUIREMENTS OF THE COLLECTION PROGRAM RELATED TO THE ACCEPTANCE OF OUT-OF-SERVICE MERCURY THERMOSTATS; AND (D) DISTRIBUTES TO ITS CUSTOMERS THE EDUCATIONAL OUTREACH MATERIALS DEVELOPED UNDER PARAGRAPH (F) OF SUBDIVISION THREE OF THIS SECTION. 11. (A) ANY PERSON OR CONTRACTOR WHO REPLACES A MERCURY-CONTAINING THERMOSTAT FROM A BUILDING SHALL DISPOSE OF SUCH THERMOSTAT PURSUANT TO SECTION 27-2105 OF THIS TITLE, OR DELIVER THE MERCURY-CONTAINING THERMO- STAT TO AN APPROPRIATE WHOLESALER OR RETAILER FOR COLLECTION. (B) ANY PERSON OR CONTRACTOR WHO DEMOLISHES A BUILDING SHALL REMOVE ANY MERCURY-CONTAINING THERMOSTATS FROM THE BUILDING PRIOR TO DEMOLITION AND SHALL DISPOSE OF SUCH THERMOSTATS PURSUANT TO SECTION 27-2105 OF THIS TITLE OR SHALL DELIVER THE MERCURY-CONTAINING THERMOSTATS TO AN APPROPRIATE WHOLESALER OR RETAILER FOR COLLECTION. (C) ANY PERSON OR CONTRACTOR WHO REPLACES A MERCURY-CONTAINING THERMO- STAT FROM ANY LOCATION IN THE STATE THAT IS PARTICIPATING IN AN ENERGY EFFICIENCY AND/OR WEATHERIZATION PROGRAM SUPPORTED OR ADMINISTERED IN WHOLE OR IN PART BY ANY DEPARTMENT, AGENCY, INSTRUMENTALITY, OR POLI- TICAL SUBDIVISION OF THE STATE OR CONDUCTED AS A RESULT OF ANY STATUTORY REQUIREMENT, SHALL DELIVER THE MERCURY-CONTAINING THERMOSTATS TO AN APPROPRIATE WHOLESALER OR RETAILER FOR COLLECTION. 12. A THERMOSTAT WHOLESALER OR THERMOSTAT RETAILER IS PROHIBITED FROM OFFERING, SELLING OR DISTRIBUTING ANY THERMOSTAT FOR FINAL SALE WHERE THE MANUFACTURER OF SUCH THERMOSTAT IS NOT IN COMPLIANCE WITH THIS SECTION. 13. NO LATER THAN JUNE FIRST, TWO THOUSAND THIRTEEN, THE DEPARTMENT SHALL MAINTAIN ON ITS WEBSITE INFORMATION REGARDING THE COLLECTION AND PROPER MANAGEMENT OF OUT-OF-SERVICE MERCURY THERMOSTATS IN THE STATE. THE INFORMATION SHALL INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING: (A) A DESCRIPTION OF THE COLLECTION PROGRAMS ESTABLISHED UNDER THIS SECTION; (B) A REPORT ON THE PROGRESS TOWARDS ACHIEVING THE STATEWIDE COLLECTION GOALS SET FORTH IN SUBDIVISION EIGHT OF THIS SECTION; AND (C) A LIST OF ALL THERMOSTAT WHOLESALERS, CONTRACTORS, QUALIFIED LOCAL GOVERNMENT AUTHORITIES, AND THERMOSTAT RETAILERS PARTICIPATING IN THE PROGRAM AS COLLECTION SITES. 14. NO LATER THAN NOVEMBER FIRST, TWO THOUSAND TWENTY-ONE, THE DEPART- MENT SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND THE LEGISLATURE REGARDING THE EFFECTIVENESS OF THE COLLECTION PROGRAMS ESTABLISHED UNDER THIS SECTION, INFORMATION ON THE NUMBER OF OUT-OF-SERVICE THERMOSTATS COLLECTED, HOW THE OUT-OF-SERVICE THERMOSTATS WERE MANAGED, AND AN ESTI- MATE OF THE NUMBER OF THERMOSTATS THAT ARE AVAILABLE FOR COLLECTION. THE DEPARTMENT SHALL USE THIS INFORMATION TO RECOMMEND WHETHER THE PROVISIONS OF THIS SECTION SHOULD BE EXTENDED, ALONG WITH ANY OTHER STATUTORY CHANGES. IN PREPARING THE REPORT, THE DEPARTMENT SHALL CONSULT WITH MERCURY THERMOSTAT MANUFACTURERS, ENVIRONMENTAL ORGANIZATIONS, AND OTHER INTEREST GROUPS. 15. IN CONJUNCTION WITH THE EDUCATIONAL AND OUTREACH PROGRAMS IMPLE- MENTED BY THE THERMOSTAT MANUFACTURERS UNDER THIS SECTION, THE DEPART- MENT SHALL CONDUCT OUTREACH TO PROMOTE THE COLLECTION AND PROPER MANAGE- MENT OF OUT-OF-SERVICE MERCURY THERMOSTATS. S 3. This act shall take effect immediately and shall expire and be deemed repealed January 1, 2023.

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