senate Bill S4345C

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:
Amd §§27-2101, 27-2105; add §27-2119, En Con L; amd §4, Pub Serv L; amd §§1854, 1894, 1896 & 1005, renum §§1020-ii, 1020-jj & 1020-kk to be 1020-jj, 1020-kk & 1029-ll, add 1020-ii, Pub Auth L; amd §97, Soc Serv L; amd §14, Pub Hous L

Sponsor Memo

BILL NUMBER:S4345C

TITLE OF BILL:

An act
to amend the environmental conservation law,
the public service law, the public authorities law, the social
services law and the public housing 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 section 27-2101 of the Environmental Conservation Law
(ECL) by adding eight new subdivisions 30 through 37 which provide
definitions.

Section 3 amends section 27-2105 of the ECL by adding a new
subdivision 5 to provide a disposal ban with respect to mercury
thermostats.

Section 4 amends the ECL by adding a new section 27-2119 which
establishes a mercury-containing thermostat collection program.

Subdivision 1 requires manufacturers to establish and maintain a
collection program for the collection, transportation, and proper
management of out-of-service mercury-containing thermostats.

Subdivision 2 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.

Subdivision 3 states that for each year collection programs do not
collectively achieve the collection goals provided in this section,
the department shall conduct stakeholder consultations.

Subdivision 4 provides that within 90 days after stakeholder
consultations, the department shall issue findings with regard to
approved modifications to the proposed collection programs. The
Department may require modifications to one or more collection
programs as necessary to achieve the collection goals.

Subdivision 5 requires thermostat manufacturers to submit an annual
report on its collection program to the department.


Subdivision 6 provides statewide collection goals for calendar years
2014 and 2015. For calendar years 2016-2021, collection goals shall
be established by the department.

Subdivision 7 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.

Subdivision 8 provides requirements with respect to wholesalers.

Subdivision 9 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.

Subdivision 10 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.

Subdivision 11 requires the department to maintain on its website
information regarding the collection and proper management of
out-of-service mercury thermostats in the state.

Subdivision 12 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.

Subdivision 13 requires the department to conduct outreach to promote
the collection and proper management of out-·of-service mercury
thermostats.

Subdivision 14 imposes civil penalties for violations; there shall be
no penalty under this section for a thermostat manufacturer's failure
to achieve the statewide collection goals.

Sections 5 - 12 relate to shared responsibility among entities
responsible for thermostat collection and disposal.

Section 13 provides the effective date; this act shall expire January
1, 2023.

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--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 30, 2011
                               ___________

Introduced  by  Sens.  GRISANTI,  DUANE, ESPAILLAT, MARCELLINO, MARTINS,
  PARKER, YOUNG -- read twice and ordered printed, and when  printed  to
  be committed to the Committee on Environmental Conservation -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Environmental Conservation in  accord-
  ance  with  Senate  Rule  6,  sec.  8  -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading  --  committed  to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the environmental conservation law, the  public  service
  law,  the  public  authorities  law,  the  social services law and the
  public housing law, in relation to the collection of  mercury-contain-
  ing  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. Section 27-2101 of the environmental conservation law is  amended
by  adding  eight  new subdivisions 30, 31, 32, 33, 34, 35, 36 and 37 to
read as follows:
  30. "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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10551-10-2

S. 4345--C                          2

  31. "CONTRACTOR" MEANS A PERSON ENGAGED IN THE BUSINESS  OF  INSTALLA-
TION,  SERVICE, OR REMOVAL OF HEATING, VENTILATION, AND AIR-CONDITIONING
COMPONENTS.
  32.  "OUT-OF-SERVICE  MERCURY  THERMOSTAT"  MEANS A MERCURY THERMOSTAT
THAT IS REMOVED, REPLACED, OR OTHERWISE TAKEN OUT OF SERVICE.
  33. "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.
  34. "QUALIFIED LOCAL GOVERNMENT AUTHORITIES" MEANS HOUSEHOLD HAZARDOUS
WASTE FACILITIES, SOLID WASTE MANAGEMENT AGENCIES, ENVIRONMENTAL MANAGE-
MENT AGENCIES, OR DEPARTMENTS OF PUBLIC HEALTH.
  35. "THERMOSTAT MANUFACTURER" MEANS A PERSON WHO OWNS OR OWNED A  NAME
BRAND OF ONE OR MORE MERCURY THERMOSTATS SOLD IN THE STATE.
  36.  "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.
  37. "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
SUBDIVISION THIRTY-FIVE OF THIS SECTION, IS NOT A THERMOSTAT WHOLESALER.
  S 3. Section 27-2105 of the environmental conservation law is  amended
by adding a new subdivision 5 to read as follows:
  5.  NO PERSON SHALL DISPOSE OF AN OUT-OF-SERVICE MERCURY THERMOSTAT IN
SOLID WASTE OR OTHERWISE DISPOSE OF SUCH A PRODUCT EXCEPT  BY  SEPARATED
DELIVERY THEREOF TO A SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS WASTE
MANAGEMENT  FACILITY  PERMITTED OR AUTHORIZED PURSUANT TO TITLE SEVEN OR
NINE OF THIS ARTICLE.
  S 4. 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.  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.
  2. EACH THERMOSTAT MANUFACTURER SHALL,  INDIVIDUALLY  OR  COLLECTIVELY
WITH OTHER THERMOSTAT MANUFACTURERS THROUGH A COLLECTION PROGRAM, DO THE
FOLLOWING:
  (A)  ON AND AFTER JULY FIRST, TWO THOUSAND THIRTEEN, COMPILE A LIST OF
THERMOSTAT WHOLESALERS IN THE STATE AND OFFER EACH THERMOSTAT WHOLESALER
CONTAINERS FOR THE COLLECTION OF OUT-OF-SERVICE MERCURY THERMOSTATS.
  (B) ON AND AFTER JULY 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.

S. 4345--C                          3

  (C)  ESTABLISH  A  SYSTEM  TO  COLLECT, TRANSPORT, AND PROPERLY MANAGE
OUT-OF-SERVICE MERCURY THERMOSTATS FROM ALL COLLECTION SITES ESTABLISHED
UNDER THIS SECTION.
  (D)   FROM   JULY  FIRST,  TWO  THOUSAND  THIRTEEN,  THROUGH  DECEMBER
THIRTY-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.
  (E) ON OR BEFORE JULY 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 THERMOSTAT 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.
  (F)  PROVIDE  AN  OPPORTUNITY FOR THE DEPARTMENT TO OFFER FEEDBACK AND
SUGGESTIONS ON THE COLLECTION PROGRAM.
  3.  IF  THE  COLLECTION  PROGRAMS  DO  NOT  COLLECTIVELY  ACHIEVE  THE
COLLECTION  GOALS  PROVIDED  FOR  IN SUBDIVISION SIX OF THIS SECTION FOR
CALENDAR YEAR TWO THOUSAND FOURTEEN OR ANY YEAR THEREAFTER  THE  DEPART-
MENT SHALL CONFER WITH THERMOSTAT MANUFACTURERS, THERMOSTAT WHOLESALERS,
QUALIFIED  CONTRACTORS,  THE  NEW YORK STATE ENERGY RESEARCH DEVELOPMENT

S. 4345--C                          4

AUTHORITY, NEW YORK STATE PUBLIC SERVICE COMMISSION, DIVISION OF HOUSING
AND COMMUNITY RENEWAL, ENVIRONMENTAL  GROUPS,  MUNICIPAL  RECYCLERS  AND
OTHER  STAKEHOLDERS  THAT  MAY  INCLUDE  THERMOSTAT RETAILERS, THE POWER
AUTHORITY  OF THE STATE OF NEW YORK, PROVIDERS OF QUALIFIED ENERGY EFFI-
CIENCY SERVICES AND LOW COST RESIDENTIAL  WEATHERIZATION,  AND  CONSIDER
REVISIONS  TO  THE  COLLECTION PROGRAMS THAT ARE DESIGNED TO ACHIEVE THE
GOALS IN SUBSEQUENT CALENDAR YEARS.
  4. WITHIN NINETY DAYS AFTER CONDUCTING STAKEHOLDER CONSULTATIONS,  THE
DEPARTMENT SHALL ISSUE FINDINGS WITH REGARD TO APPROVED MODIFICATIONS TO
THE PROPOSED COLLECTION PROGRAM.
  (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 SIX OF THIS
SECTION.
  (B) IF THE DEPARTMENT DETERMINES THE REVISED COLLECTION PROGRAMS  WILL
NOT  COLLECTIVELY  ACHIEVE THE COLLECTION GOALS SET FORTH IN SUBDIVISION
SIX 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 DEPARTMENT
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) THERMOSTAT MANUFACTURERS SHALL  BEGIN  THE  PROCESS  TO  IMPLEMENT
COLLECTION  PROGRAM  REVISIONS  APPROVED BY THE DEPARTMENT WITHIN NINETY
DAYS AFTER APPROVAL.
  5. 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) 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;
  (D) AN ACCOUNTING OF THE PROGRAM'S ADMINISTRATIVE COSTS;
  (E)  A DESCRIPTION OF OUTREACH STRATEGIES EMPLOYED UNDER PARAGRAPH (D)
OF SUBDIVISION TWO OF THIS SECTION;
  (F) EXAMPLES OF OUTREACH AND EDUCATIONAL MATERIALS  USED  UNDER  PARA-
GRAPH (E) OF SUBDIVISION TWO OF THIS SECTION;
  (G)  THE INTERNET WEBSITE ADDRESS OR ADDRESSES WHERE THE ANNUAL REPORT
MAY BE VIEWED ONLINE;
  (H) A DESCRIPTION OF HOW THE OUT-OF-SERVICE MERCURY  THERMOSTATS  WERE
MANAGED;

S. 4345--C                          5

  (I)  ANY MODIFICATIONS THAT THE THERMOSTAT MANUFACTURER HAS MADE OR IS
PLANNING TO MAKE IN ITS COLLECTION PROGRAM; AND
  (J)  THE  IDENTIFICATION OF A COLLECTION PROGRAM CONTACT AND THE BUSI-
NESS PHONE NUMBER, MAILING ADDRESS, AND E-MAIL ADDRESS FOR THE CONTACT.
  6. 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 FOURTEEN, THE COLLECTION OF AT
LEAST TEN THOUSAND MERCURY THERMOSTATS TAKEN OUT OF SERVICE IN THE STATE
DURING THE CALENDAR YEAR.
  (B) FOR CALENDAR YEAR TWO THOUSAND FIFTEEN, THE COLLECTION OF AT LEAST
FIFTEEN THOUSAND MERCURY THERMOSTATS TAKEN OUT OF SERVICE IN  THE  STATE
DURING THE CALENDAR YEAR.
  (C) FOR CALENDAR YEARS TWO THOUSAND SIXTEEN THROUGH TWO THOUSAND TWEN-
TY-ONE, THE COLLECTION GOALS SHALL BE ESTABLISHED BY THE DEPARTMENT. THE
DEPARTMENT  SHALL  ESTABLISH  COLLECTION GOALS NO LATER THAN JUNE FIRST,
TWO THOUSAND FIFTEEN.  THE COLLECTION GOALS ESTABLISHED BY  THE  DEPART-
MENT SHALL ACHIEVE THE MAXIMUM FEASIBLE NUMBER OF OUT-OF-SERVICE MERCURY
THERMOSTATS  IN  THE  STATE.  IN  DEVELOPING  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, REPRE-
SENTATIVES OF THERMOSTAT MANUFACTURERS, ENVIRONMENTAL GROUPS,  MUNICIPAL
RECYCLERS,  THERMOSTAT  WHOLESALERS, CONTRACTORS, AND THERMOSTAT RETAIL-
ERS.
  7. 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.
  8.  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 (E) OF SUBDIVISION TWO OF THIS SECTION.
  9.  (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.

S. 4345--C                          6

  (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.
  10. 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.
  11.  NO  LATER  THAN JUNE FIRST, TWO THOUSAND FOURTEEN, 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 SIX 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.
  12. 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,
MUNICIPAL RECYCLERS, AND OTHER INTEREST GROUPS.
  13. 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.
  14. (A) ANY THERMOSTAT MANUFACTURER THAT  VIOLATES  ANY  PROVISION  OF
THIS  SECTION, OR ANY RULE ADOPTED BY THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AGENCY, OR THAT FAILS TO PERFORM  ANY  DUTY  IMPOSED  BY
THIS  SECTION  SHALL  BE  LIABLE  FOR A CIVIL PENALTY NOT TO EXCEED FIVE
HUNDRED DOLLARS PER DAY FOR  EACH  VIOLATION.  EACH  VIOLATION  OF  THIS
SECTION  SHALL  CONSTITUTE A SEPARATE OFFENSE AND VIOLATION. THERE SHALL
BE NO PENALTY UNDER THIS SECTION FOR A THERMOSTAT MANUFACTURER'S FAILURE
TO ACHIEVE THE STATEWIDE COLLECTION GOALS SET FORTH IN  SUBDIVISION  SIX
OF THIS SECTION.
  (B)  ANY  THERMOSTAT  WHOLESALER,  CONTRACTOR,  OR  OTHER  PERSON THAT
VIOLATES ANY PROVISION OF THIS SECTION, OR ANY RULE ADOPTED BY  THE  NEW
YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT AGENCY, OR THAT FAILS TO
PERFORM ANY DUTY IMPOSED BY THIS SECTION SHALL BE  LIABLE  FOR  A  CIVIL
PENALTY  NOT  TO EXCEED FIVE HUNDRED DOLLARS PER DAY FOR EACH VIOLATION.
EACH VIOLATION OF THIS SECTION SHALL CONSTITUTE A SEPARATE  OFFENSE  AND
VIOLATION.
  (C)  ALL  PENALTIES  COLLECTED  PURSUANT TO THIS SECTION SHALL BE PAID
OVER TO THE COMMISSIONER FOR DEPOSIT TO THE  ENVIRONMENTAL  CONSERVATION

S. 4345--C                          7

FUND  ESTABLISHED  PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE
LAW.
  S  5.  Section  4 of the public service law is amended by adding a new
subdivision 4 to read as follows:
  4. THE COMMISSION SHALL ENSURE THE COLLECTION AND PROPER MANAGEMENT OF
OUT-OF-SERVICE MERCURY THERMOSTATS, GENERATED AS A RESULT OF ANY  ENERGY
EFFICIENCY  PROGRAM  ADMINISTERED,  REVIEWED, OR OVERSEEN BY THE COMMIS-
SION.
  S 6. Section 1854 of the public authorities law is amended by adding a
new subdivision 19 to read as follows:
  19. TO ENSURE THE COLLECTION AND PROPER MANAGEMENT  OF  OUT-OF-SERVICE
MERCURY THERMOSTATS, GENERATED AS A RESULT OF ANY GRANT OR LOAN PROVIDED
BY  THE  AUTHORITY. ANY ORGANIZATION, OR SUBCONTRACTOR OF SUCH ORGANIZA-
TION, USING FUNDING PROVIDED BY THE AUTHORITY, SHALL NOT  DISPOSE  OF  A
MERCURY-ADDED  CONSUMER  PRODUCT  IN SOLID WASTE OR OTHERWISE DISPOSE OF
SUCH A PRODUCT EXCEPT BY SEPARATED DELIVERY THEREOF  TO  A  SOLID  WASTE
MANAGEMENT  FACILITY OR HAZARDOUS WASTE MANAGEMENT FACILITY PERMITTED OR
AUTHORIZED PURSUANT TO TITLE SEVEN OR NINE OF THE ENVIRONMENTAL  CONSER-
VATION  LAW.  SUCH  ORGANIZATION, OR SUBCONTRACTOR OF SUCH ORGANIZATION,
USING FUNDING PROVIDED  BY  THE  AUTHORITY,  SHALL  USE  THE  CONTAINERS
PROVIDED  BY  THE  COLLECTION PROGRAM PURSUANT TO SECTION 27-2119 OF THE
ENVIRONMENTAL CONSERVATION LAW TO FACILITATE COLLECTION  OF  OUT-OF-SER-
VICE MERCURY THERMOSTATS BY CONTRACTORS.
  S  7.  Subdivision  3 of section 1894 of the public authorities law is
amended by adding a new paragraph (d) to read as follows:
  (D) THE AUTHORITY SHALL CONSULT  WITH  REPRESENTATIVES  OF  THERMOSTAT
MANUFACTURERS  WHO,  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 SECTION 27-2119
OF THE ENVIRONMENTAL CONSERVATION LAW,  TO  ENSURE  THE  COLLECTION  AND
PROPER  MANAGEMENT  OF OUT-OF-SERVICE MERCURY THERMOSTATS. ANY ORGANIZA-
TION, OR SUBCONTRACTOR OF SUCH ORGANIZATION USING FUNDING PROVIDED UNDER
THE PROGRAM, SHALL NOT DISPOSE OF A MERCURY-ADDED  CONSUMER  PRODUCT  IN
SOLID  WASTE  OR OTHERWISE DISPOSE OF SUCH A PRODUCT EXCEPT BY SEPARATED
DELIVERY THEREOF TO A SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS WASTE
MANAGEMENT FACILITY PERMITTED OR AUTHORIZED PURSUANT TO TITLE  SEVEN  OR
NINE  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW.  SUCH  ORGANIZATION, OR
SUBCONTRACTOR OF SUCH ORGANIZATION  USING  FUNDING  PROVIDED  UNDER  THE
PROGRAM,  SHALL  USE  THE  CONTAINERS PROVIDED BY THE COLLECTION PROGRAM
PURSUANT TO SECTION 27-2119 OF THE  ENVIRONMENTAL  CONSERVATION  LAW  TO
FACILITATE  COLLECTION OF OUT-OF-SERVICE MERCURY THERMOSTATS BY CONTRAC-
TORS.
  S 8. Section 1896 of the public authorities law is amended by adding a
new subdivision 6 to read as follows:
  6. QUALIFIED ENERGY EFFICIENCY SERVICES THAT HAVE  BEEN  PAID  FOR  IN
WHOLE  OR  IN  PART WITH THE PROCEEDS OF A LOAN UNDER THIS SECTION SHALL
ENSURE THE COLLECTION AND PROPER MANAGEMENT  OF  OUT-OF-SERVICE  MERCURY
THERMOSTATS  IN ACCORDANCE WITH THE PROVISIONS OF SECTION 27-2119 OF THE
ENVIRONMENTAL CONSERVATION LAW. ANY APPLICANT USING  FINANCING  PROVIDED
UNDER THE PROGRAM, SHALL NOT DISPOSE OF A MERCURY-ADDED CONSUMER PRODUCT
IN  SOLID  WASTE  OR OTHERWISE DISPOSE OF SUCH A PRODUCT EXCEPT BY SEPA-
RATED DELIVERY THEREOF TO A SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS
WASTE MANAGEMENT FACILITY PERMITTED  OR  AUTHORIZED  PURSUANT  TO  TITLE
SEVEN  OR  NINE  OF  THE  ENVIRONMENTAL CONSERVATION LAW. SUCH APPLICANT
USING FUNDING PROVIDED UNDER  THE  PROGRAM,  SHALL  USE  THE  CONTAINERS

S. 4345--C                          8

PROVIDED  BY  THE  COLLECTION PROGRAM PURSUANT TO SECTION 27-2119 OF THE
ENVIRONMENTAL CONSERVATION LAW TO FACILITATE COLLECTION  OF  OUT-OF-SER-
VICE MERCURY THERMOSTATS.
  S 9. Subdivision 5 of section 97 of the social services law is amended
by adding a new closing paragraph to read as follows:
  PROVIDED  HOWEVER,  THE  DEPARTMENT  SHALL  ENSURE THAT ANY CONTRACTOR
CONDUCTING LOW-COST RESIDENTIAL WEATHERIZATION OR  OTHER  ENERGY-RELATED
HOME  REPAIR FOR LOW-INCOME HOUSEHOLDS PROVIDED UNDER THE PROGRAM, SHALL
NOT DISPOSE OF A MERCURY-ADDED CONSUMER PRODUCT IN SOLID WASTE OR OTHER-
WISE DISPOSE OF SUCH A PRODUCT EXCEPT BY SEPARATED DELIVERY THEREOF TO A
SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS WASTE  MANAGEMENT  FACILITY
PERMITTED  OR AUTHORIZED PURSUANT TO TITLE SEVEN OR NINE OF THE ENVIRON-
MENTAL CONSERVATION LAW. SUCH ORGANIZATION,  OR  SUBCONTRACTOR  OF  SUCH
ORGANIZATION  USING  FUNDING  PROVIDED  UNDER THE PROGRAM, SHALL USE THE
CONTAINERS PROVIDED  BY  THE  COLLECTION  PROGRAM  PURSUANT  TO  SECTION
27-2119  OF  THE ENVIRONMENTAL CONSERVATION LAW TO FACILITATE COLLECTION
OF OUT-OF-SERVICE MERCURY THERMOSTATS BY CONTRACTORS.
  S 10. The third undesignated paragraph of section 1005 of  the  public
authorities  law,  as  amended  by  chapter  287 of the laws of 2004, is
amended to read as follows:
  The authority is further authorized to construct  and/or  acquire  and
complete  such base load generating, transmission and related facilities
as it deems necessary or desirable to assist in maintaining an  adequate
and  dependable  supply of electricity by supplying power and energy for
the metropolitan transportation authority, its subsidiary  corporations,
the  New York city transit authority, the port authority of New York and
New Jersey, the city of New York, the state  of  New  York,  the  United
States,  other  public corporations and electric corporations within the
metropolitan area of the city of New York within the state of New  York;
provided,  however,  that  (i) the acquisition of completed or partially
completed facilities shall be after public hearing and shall be  limited
to  facilities  located  in  New York city or Westchester county and the
energy and power generated by such facilities  shall  be  used,  to  the
extent  feasible,  for  the  benefit of electric consumers in that area,
(ii) not more than one such generating facility  shall  be  acquired  in
each of New York city and Westchester county, (iii) the price to be paid
pursuant  to  any  agreement  entered into with respect to the purchase,
appropriation  or  condemnation  of  any  such  completed  or  partially
completed facility, as the case may be, shall be subject to the approval
of  the  state comptroller and (iv) transmission facilities shall not be
so acquired pursuant to this paragraph unless such acquisition is neces-
sary to assure delivery of power and energy  produced  by  any  acquired
generating  facility. The authority is further authorized, to the extent
it deems it necessary or desirable, to provide power and energy,  as  it
may  determine  it  to be available, for the use by the Niagara frontier
transportation authority or its subsidiary corporation.   The  authority
is  authorized to make energy efficiency services, PROVIDED HOWEVER THAT
THE AUTHORITY SHALL ENSURE THE COLLECTION AND PROPER MANAGEMENT OF  OUT-
OF-SERVICE  MERCURY  THERMOSTATS GENERATED AS A RESULT OF SUCH PROGRAMS,
clean energy technologies and, in the event that supplies of  power  and
energy  are  determined  to be available from the competitive market for
this purpose, power  and  energy,  available  to  public  and  nonpublic
elementary and secondary schools throughout the state.
  S  11. Section 14 of the public housing law is amended by adding a new
subdivision 7 to read as follows:

S. 4345--C                          9

  7. THE COMMISSIONER SHALL CONSULT WITH REPRESENTATIVES  OF  THERMOSTAT
MANUFACTURERS  WHO,  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 SECTION 27-2119
OF  THE  ENVIRONMENTAL  CONSERVATION  LAW,  TO ENSURE THE COLLECTION AND
PROPER MANAGEMENT OF OUT-OF-SERVICE MERCURY  THERMOSTATS,  GENERATED  AS
DIRECT OR INDIRECT RESULT OF THE COMMISSIONERS ACTION. ANY ORGANIZATION,
OR  SUBCONTRACTOR  OF  SUCH  ORGANIZATION  USING  FUNDING  OR  FINANCING
PROVIDED BY A POWER GRANTED TO THE COMMISSIONER, SHALL NOT DISPOSE OF  A
MERCURY-ADDED  CONSUMER  PRODUCT  IN SOLID WASTE OR OTHERWISE DISPOSE OF
SUCH A PRODUCT EXCEPT BY SEPARATED DELIVERY THEREOF  TO  A  SOLID  WASTE
MANAGEMENT  FACILITY OR HAZARDOUS WASTE MANAGEMENT FACILITY PERMITTED OR
AUTHORIZED PURSUANT TO TITLE SEVEN OR NINE OF THE ENVIRONMENTAL  CONSER-
VATION LAW.
  S  12. Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
law, as renumbered by chapter 388 of the laws of  2011,  are  renumbered
sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
to read as follows:
  S  1020-II. MERCURY THERMOSTAT COLLECTION. THE AUTHORITY SHALL CONSULT
WITH REPRESENTATIVES OF THERMOSTAT MANUFACTURERS  WHO,  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 SECTION 27-2119 OF THE ENVIRONMENTAL CONSERVATION LAW, TO
ENSURE THE COLLECTION AND PROPER MANAGEMENT  OF  OUT-OF-SERVICE  MERCURY
THERMOSTATS.
  S  13.  This act shall take effect immediately and shall expire and be
deemed repealed January 1, 2023.

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