senate Bill S4345B

Amended

Requires manufacturers of thermostats to collect mercury-containing thermostats

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 30 / Mar / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 14 / Jun / 2011
    • AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 14 / Jun / 2011
    • PRINT NUMBER 4345A
  • 15 / Jun / 2011
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 15 / Jun / 2011
    • PRINT NUMBER 4345B
  • 16 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1038
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2012
    • COMMITTED TO FINANCE
  • 18 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 18 / Jun / 2012
    • PRINT NUMBER 4345C
  • 19 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2012
    • RESTORED TO THIRD READING
  • 21 / Jun / 2012
    • PASSED SENATE
  • 21 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 22 / Jun / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

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

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Bill Details

Versions:
S4345
S4345A
S4345B
S4345C
Legislative Cycle:
2011-2012
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง27-2119, En Con L

Votes

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4345--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10551-05-1

S. 4345--B                          2

  (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.

S. 4345--B                          3

  (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

S. 4345--B                          4

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;

S. 4345--B                          5

  (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;

S. 4345--B                          6

  (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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