senate Bill S1676A

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

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 28 / Feb / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 18 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 18 / Jun / 2013
    • PRINT NUMBER 1676A

Summary

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

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Bill Details

See Assembly Version of this Bill:
A8084
Versions:
S1676
S1676A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 29 §§27-2901 - 27-2909, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
S4345C

Sponsor Memo

BILL NUMBER:S1676A

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

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this
bill is to
Create the Mercury Thermostat Collection Act

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the Mercury Thermostat Collection Act.

Section 2 contains definitions as it relates to this Act. Further this
section creates a plan for thermostat manufacturers to create a
program for the collection, transportation, recycling, disposal and
proper management of thermostats. This section further enumerates the
steps thermostat manufacturers shall take to assist in this program.
This Section also creates the target goal of 15,500 thermostats in
the first year, and allowing the DEC to set goals in future years.
Further this section allows for flexibility if the goals are met, and
additional, flexibility if the program does not achieve maximum
efficiency.

Section 3 states that any person or contractor who replaces a
thermostats shall deliver it to a collection site.

Section 4 is 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 noses 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: S.3435C of 2011-2012;
Passed Senate

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
________________________________________________________________________

                                 1676--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. GRISANTI, ADDABBO, AVELLA, BOYLE, ESPAILLAT, HOYL-
  MAN, LATIMER, MARTINS, SERRANO, SQUADRON,  YOUNG  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Environmental Conservation -- reported favorably from  said  committee
  and  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, in relation to
  establishing the mercury thermostat collection act; 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. This act shall be known and may be cited  as  the  "Mercury
thermostat collection act".
  S  2.  Article  27 of the environmental conservation law is amended by
adding a new title 29 to read as follows:

                                TITLE 29
                     MERCURY THERMOSTAT COLLECTION ACT
SECTION 27-2901. DEFINITIONS.
        27-2903. MERCURY-CONTAINING THERMOSTAT COLLECTION.
        27-2905. THERMOSTAT WHOLESALER AND RETAILER REQUIREMENTS.
        27-2907. DEPARTMENT RESPONSIBILITIES.
        27-2909. DISPOSAL PROHIBITION.
S 27-2901. DEFINITIONS.
  1. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPORTA-
TION, RECYCLING, AND DISPOSAL OF OUT-OF-SERVICE MERCURY THERMOSTATS THAT
IS FINANCED AND MANAGED OR PROVIDED BY A THERMOSTAT  MANUFACTURER  INDI-
VIDUALLY  OR COLLECTIVELY WITH OTHER THERMOSTAT MANUFACTURERS IN ACCORD-
ANCE WITH THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05465-05-3

S. 1676--A                          2

  2. "MERCURY THERMOSTAT" MEANS A PRODUCT OR DEVICE THAT USES A  MERCURY
SWITCH  TO SENSE AND CONTROL ROOM TEMPERATURE THROUGH COMMUNICATION WITH
HEATING, VENTILATION, OR AIR-CONDITIONING EQUIPMENT AND INCLUDES THERMO-
STATS USED TO SENSE AND CONTROL ROOM TEMPERATURE IN RESIDENTIAL, COMMER-
CIAL,  INDUSTRIAL  AND OTHER BUILDINGS BUT DOES NOT INCLUDE A THERMOSTAT
USED TO SENSE AND CONTROL TEMPERATURE AS PART OF A  MANUFACTURING  PROC-
ESS.
  3. "OUT-OF-SERVICE MERCURY THERMOSTAT" MEANS A MERCURY THERMOSTAT THAT
IS REMOVED, REPLACED OR OTHERWISE TAKEN OUT OF SERVICE.
  4.  "QUALIFIED  CONTRACTOR"  MEANS A PERSON ENGAGED IN THE BUSINESS OF
INSTALLATION, SERVICE OR REMOVAL OF HEATING, VENTILATION, AND AIR-CONDI-
TIONING COMPONENTS WHO EMPLOYS SEVEN  OR  MORE  SERVICE  TECHNICIANS  OR
INSTALLERS.
  5. "QUALIFIED LOCAL GOVERNMENT AUTHORITIES" MEANS ANY MUNICIPAL CORPO-
RATION  OR  PLANNING UNIT AS DEFINED IN SECTION 27-0107 OF THIS ARTICLE,
OR COUNTY DEPARTMENTS OF HEALTH.
  6. "THERMOSTAT MANUFACTURER" MEANS A PERSON WHO OWNS OR OWNED  A  NAME
BRAND OF ONE OR MORE MERCURY THERMOSTATS SOLD IN THE STATE.
  7.  "THERMOSTAT  RETAILER" MEANS A PERSON WHO SELLS THERMOSTATS OF ANY
KIND PRIMARILY TO HOMEOWNERS OR OTHER NONPROFESSIONALS THROUGH ANY  SALE
OR  DISTRIBUTION  MECHANISM  INCLUDING SALES USING THE INTERNET OR CATA-
LOGS.
  8. "THERMOSTAT WHOLESALER" MEANS  A  PERSON  WHO  IS  ENGAGED  IN  THE
DISTRIBUTION AND WHOLESALE SELLING OF HEATING, VENTILATION OR AIR-CONDI-
TIONING  COMPONENTS,  INCLUDING  THERMOSTATS,  TO CONTRACTORS, AND WHOSE
TOTAL WHOLESALE SALES ACCOUNT FOR EIGHTY PERCENT OR MORE  OF  ITS  TOTAL
SALES.  A  THERMOSTAT MANUFACTURER IS NOT, BY VIRTUE OF MANUFACTURING, A
THERMOSTAT WHOLESALER.
S 27-2903. MERCURY-CONTAINING THERMOSTAT COLLECTION.
  1. EACH THERMOSTAT MANUFACTURER SHALL, INDIVIDUALLY  OR  COLLECTIVELY,
WITH  OTHER  THERMOSTAT  MANUFACTURERS, ESTABLISH AND MAINTAIN A PROGRAM
FOR THE  COLLECTION,  TRANSPORTATION,  RECYCLING,  DISPOSAL  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 FOURTEEN, 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  FOURTEEN,  MAKE  COLLECTION
CONTAINERS  AVAILABLE  TO  ALL  QUALIFIED CONTRACTORS, THERMOSTAT WHOLE-
SALERS, THERMOSTAT RETAILERS, AND QUALIFIED LOCAL GOVERNMENT AUTHORITIES
THAT REQUEST A CONTAINER.  EACH THERMOSTAT MANUFACTURER SHALL WITH  EACH
CONTAINER   INCLUDE  INFORMATION  REGARDING  THE  PROPER  MANAGEMENT  OF
OUT-OF-SERVICE MERCURY THERMOSTATS.
  (C) ESTABLISH A SYSTEM TO COLLECT,  TRANSPORT,  RECYCLE,  DISPOSE  AND
PROPERLY  MANAGE  OUT-OF-SERVICE MERCURY THERMOSTATS FROM ALL COLLECTION
SITES.
  (D) NOT INCLUDE ANY FEES OR OTHER  CHARGES  TO  CONSUMERS  OR  PERSONS
PARTICIPATING  IN  THE  PROGRAM.  EACH  THERMOSTAT WHOLESALER, QUALIFIED
CONTRACTOR, QUALIFIED LOCAL GOVERNMENT AUTHORITY, OR THERMOSTAT RETAILER
THAT IS PROVIDED WITH ONE OR MORE COLLECTION CONTAINERS MAY BE CHARGED A
FEE NOT TO EXCEED TWENTY-SIX DOLLARS TO REPLACE ANY COLLECTION CONTAINER
THAT IS MISPLACED, STOLEN OR OTHERWISE LOST.

S. 1676--A                          3

  (E) BEGINNING JULY FIRST, TWO THOUSAND FOURTEEN, CONDUCT EDUCATION AND
OUTREACH EFFORTS, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
  (I)  ESTABLISH  AND MAINTAIN A PUBLIC WEBSITE FOR THE DISSEMINATION OF
EDUCATIONAL MATERIALS TO PROMOTE THE COLLECTION OF OUT-OF-SERVICE MERCU-
RY THERMOSTATS. THIS WEBSITE SHALL INCLUDE TEMPLATES OF THE  EDUCATIONAL
MATERIALS ON THE INTERNET WEBSITE IN A FORM AND FORMAT THAT CAN BE EASI-
LY DOWNLOADED AND PRINTED. THE LINK TO THIS WEBSITE SHALL BE PROVIDED TO
THE DEPARTMENT;
  (II)  CONTACT THERMOSTAT WHOLESALERS AT LEAST ONCE A YEAR TO ENCOURAGE
THEIR SUPPORT AND PARTICIPATION IN EDUCATING CUSTOMERS ON THE IMPORTANCE
OF STATUTORY REQUIREMENTS FOR THE COLLECTION AND  PROPER  MANAGEMENT  OF
OUT-OF-SERVICE MERCURY THERMOSTATS;
  (III)  CREATE AND MAINTAIN A WEB-BASED PROGRAM THAT ALLOWS CONTRACTORS
AND CONSUMERS TO IDENTIFY COLLECTION SITES  FOR  OUT-OF-SERVICE  MERCURY
THERMOSTATS  IN  THE STATE AND PROVIDE A LIST OF COLLECTION SITES TO THE
DEPARTMENT; AND
  (IV) 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 JULY FIRST, TWO THOUSAND FOURTEEN, DEVELOP AND UPDATE
AS  NECESSARY  EDUCATIONAL AND OTHER OUTREACH MATERIALS FOR DISTRIBUTION
TO CONTRACTORS, CONTRACTOR ASSOCIATIONS AND CONSUMERS.  THESE  MATERIALS
SHALL BE MADE AVAILABLE FOR USE BY PARTICIPATING THERMOSTAT WHOLESALERS,
THERMOSTAT RETAILERS, CONTRACTORS, AND QUALIFIED GOVERNMENT AUTHORITIES.
THE MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  (I) 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
  (II)  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 THESE THERMOSTATS.
  (G) PROVIDE AN OPPORTUNITY FOR THE  DEPARTMENT  TO  REVIEW  AND  OFFER
FEEDBACK AND SUGGESTIONS ON THE COLLECTION PROGRAM.
  3.  THE  COLLECTION  PROGRAMS  ESTABLISHED BY THERMOSTAT MANUFACTURERS
UNDER THIS SECTION SHALL BE DESIGNED TO ACHIEVE COLLECTIVELY THE FOLLOW-
ING STATEWIDE GOALS:
  (A) FOR CALENDAR YEAR TWO THOUSAND FIFTEEN, THE COLLECTION OF NO  LESS
THAN FIFTEEN THOUSAND FIVE HUNDRED OUT-OF-SERVICE MERCURY THERMOSTATS;
  (B) FOR CALENDAR YEARS TWO THOUSAND SIXTEEN THROUGH TWO THOUSAND TWEN-
TY-THREE,  THE  COLLECTION GOALS SHALL BE ESTABLISHED BY THE DEPARTMENT.
THE DEPARTMENT SHALL ESTABLISH COLLECTION GOALS NO  LATER  THAN  OCTOBER
FIRST,  TWO  THOUSAND  FIFTEEN.  THE COLLECTION GOALS ESTABLISHED BY THE
DEPARTMENT 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 EFFECTIVE-
NESS 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,  INCLUDING  THOSE  STATES
WITH  THE  HIGHEST COLLECTION GOALS, (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
RELEVANT FACTORS.  PRIOR  TO  ESTABLISHING  THE  COLLECTION  GOALS,  THE

S. 1676--A                          4

DEPARTMENT  SHALL  CONSULT  WITH  STAKEHOLDER  GROUPS THAT INCLUDE, AT A
MINIMUM,  REPRESENTATIVES  OF  THERMOSTAT  MANUFACTURERS,  ENVIRONMENTAL
GROUPS,  MUNICIPAL RECYCLERS, THERMOSTAT WHOLESALERS, QUALIFIED CONTRAC-
TORS, AND THERMOSTAT RETAILERS.
  (C)  THERMOSTAT  MANUFACTURERS  SHALL IMPLEMENT ANY COLLECTION PROGRAM
REVISIONS APPROVED BY THE DEPARTMENT WITHIN NINETY DAYS.
  4.  IF  THE  COLLECTION  PROGRAMS  DO  NOT  COLLECTIVELY  ACHIEVE  THE
COLLECTION  GOALS  PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION FOR
CALENDAR YEAR TWO THOUSAND FIFTEEN OR ANY YEAR  THEREAFTER  THE  DEPART-
MENT,  AFTER CONDUCTING STAKEHOLDER CONSULTATIONS, MAY REQUIRE MODIFICA-
TIONS 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  COUPON  OFFERED  BY  THE  MANUFACTURER  TO
CONTRACTORS  AND  CONSUMERS  FOR  EACH OUT-OF-SERVICE MERCURY THERMOSTAT
RETURNED TO A COLLECTION SITE.
  5. NO LATER THAN APRIL FIRST, TWO THOUSAND FIFTEEN, 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 THE FOLLOW-
ING:
  (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  (E)
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 OF ADDRESSES WHERE THE ANNUAL  REPORT
MAY BE VIEWED ONLINE;
  (H)  A  DESCRIPTION OF HOW THE OUT-OF-SERVICE MERCURY THERMOSTATS WERE
MANAGED;
  (I) ANY MODIFICATIONS THAT THE THERMOSTAT MANUFACTURER 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. 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 REQUIREMENTS FOR THE DISPOSAL OF HAZARDOUS WASTE.
  7.  ON  AND  AFTER  JULY  FIRST,  TWO THOUSAND FOURTEEN, NO THERMOSTAT
WHOLESALER SHALL SELL, OFFER TO SELL, DISTRIBUTE, OR OFFER TO DISTRIBUTE
THERMOSTATS UNLESS THE WHOLESALER PARTICIPATES AS A COLLECTION SITE  FOR

S. 1676--A                          5

OUT-OF-SERVICE  MERCURY  THERMOSTATS  OR  REQUESTS AND RECEIVES A WAIVER
FROM THE DEPARTMENT FOLLOWING A DEMONSTRATION  THAT  SUCH  PARTICIPATION
WOULD POSE AN UNDUE BURDEN.
S 27-2905. THERMOSTAT WHOLESALER AND RETAILER REQUIREMENTS.
  NO  THERMOSTAT WHOLESALER OR THERMOSTAT RETAILER SHALL SELL, OFFER FOR
SALE OR DISTRIBUTE ANY THERMOSTAT FOR FINAL SALE UNLESS THE MANUFACTURER
OF SUCH THERMOSTAT IS LISTED ON THE DEPARTMENT'S WEBSITE, IN  ACCORDANCE
WITH THE PROVISIONS OF THIS TITLE.
S 27-2907. DEPARTMENT RESPONSIBILITIES.
  1.  NO  LATER  THAN  JUNE  FIRST, TWO THOUSAND FIFTEEN, 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 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 THIS TITLE; AND
  (C) A LIST OF ALL THERMOSTAT WHOLESALERS, CONTRACTORS, QUALIFIED LOCAL
GOVERNMENT AUTHORITIES, AND THERMOSTAT RETAILERS  PARTICIPATING  IN  THE
PROGRAM AS COLLECTION SITES.
  2. NO LATER THAN NOVEMBER FIRST, TWO THOUSAND EIGHTEEN, THE DEPARTMENT
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.
S 27-2909.  DISPOSAL PROHIBITION.
  1. NO TRANSPORTER SHALL KNOWINGLY COMMINGLE MERCURY-ADDED  THERMOSTATS
WITH SOLID WASTE OR RECYCLABLE MATERIALS.
  2. NO TRANSPORTER SHALL KNOWINGLY DELIVER MERCURY-ADDED THERMOSTATS OR
KNOWINGLY CAUSE SUCH MATERIALS TO BE DELIVERED TO:
  (A) AN INCINERATOR;
  (B) A LANDFILL;
  (C) A TRANSFER STATION; OR
  (D)  ANYONE  WHO  THE  TRANSPORTER  KNOWS  OR  SHOULD KNOW WILL EITHER
COMMINGLE SUCH MATERIALS WITH OTHER SOLID WASTE OR DELIVER SUCH  MATERI-
ALS TO AN INCINERATOR OR A LANDFILL FOR DISPOSAL.
  3.  NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY ACCEPT
MERCURY-ADDED THERMOSTATS FOR DISPOSAL.
  4. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE  MERCU-
RY-ADDED  THERMOSTATS  WITH OTHER SOLID WASTE OR CAUSE SUCH MATERIALS TO
BE TRANSFERRED TO AN INCINERATOR OR LANDFILL FOR DISPOSAL.
  5. EACH LANDFILL AND TRANSFER STATION SHALL  POST,  IN  A  CONSPICUOUS
LOCATION  AT THE FACILITY, A SIGN STATING THAT MERCURY-ADDED THERMOSTATS
ARE NOT ACCEPTED AT THE FACILITY.
  S 3. 1. Any person or contractor  who  replaces  a  mercury-containing
thermostat  from a building shall deliver the mercury-containing thermo-
stat to an appropriate collection site.
  2. Any person or contractor who demolishes  a  building  shall  ensure
that  all  mercury-containing  thermostats are removed from the building

S. 1676--A                          6

prior to demolition and shall dispose of the mercury-containing  thermo-
stats at a collection site.
  3.  Any  department,  authority,  instrumentality, or municipal corpo-
ration of the state administering a program that involves the removal or
replacement of mercury containing thermostats as a result of any  statu-
tory  requirement,  shall  inform  contractors  of their statutory obli-
gations to deliver the mercury-containing thermostats  to  a  collection
site  and  prohibiting the disposal of such thermostats in a solid-waste
facility.
  4. Any contractor, organization or subcontractor of such organization,
who contracts with or receives funding or financing provided in whole or
in part by or through any department, agency, instrumentality, or  poli-
tical subdivision of the state for the installation, service, or removal
of heating, ventilation, or air-conditioning components resulting in the
removal  or handling of out-of-service mercury thermostats, shall ensure
the collection, transportation and proper management  of  out-of-service
mercury  thermostats  in  accordance  with the provisions of title 29 of
article 27 of the environmental conservation law.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed January 1, 2024.

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