senate Bill S4345B

2011-2012 Legislative Session

Requires manufacturers of thermostats to collect mercury-containing thermostats

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 22, 2012 referred to environmental conservation
Jun 21, 2012 delivered to assembly
passed senate
Jun 19, 2012 restored to third reading
committee discharged and committed to rules
Jun 18, 2012 print number 4345c
amend (t) and recommit to finance
Jun 12, 2012 committed to finance
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1038
Jan 04, 2012 referred to environmental conservation
Jun 16, 2011 committee discharged and committed to rules
Jun 15, 2011 print number 4345b
amend and recommit to environmental conservation
Jun 14, 2011 print number 4345a
amend (t) and recommit to environmental conservation
Mar 30, 2011 referred to environmental conservation

Votes

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Jun 19, 2012 - Rules committee Vote

S4345C
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Jun 5, 2012 - Environmental Conservation committee Vote

S4345B
11
0
committee
11
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Jun 5, 2012

aye wr (3)

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

S4345 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-2119, En Con L

S4345 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4345

TITLE OF BILL:

An act
to amend the environmental conservation law, in relation to the
collection of mercury-containing thermostats

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to
promote the safe collection of mercury-containing thermostats.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Environmental conservation Law by adding a new
section 27-0721, 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:

o Make collection containers available to all thermostat wholesalers
in this state and to retailers in this state who request one;
o Establish a system to collect, transport and properly manage such
thermostats from all collection sites;
o Charge a one-time fee to wholesalers and retailers not to exceed $25
per collection container;
o Conduct education and outreach efforts directed at contractors,
homeowners and other interested persons; and
o Submit an annual
report to the department detailing the progress and effectiveness of
the manufacturer's collection program; providing an accounting of the
administrative costs incurred in the course of administering the
program; and providing a list of locations that requested and
maintain collection containers sites.

Subsection 3 provides that any thermostat wholesaler located in the
state shall act as a collection location for mercury-containing
thermostats.

Subsection 4 requires proper disposal or delivery of
mercury-containing thermostats by persons or contractors to an
appropriate wholesaler or retainer for collection.

Subsection 5 provides that a thermostat wholesaler or retailer is
prohibited from selling any thermostat whose manufacturer is not in
compliance with this section.

Subsection 6 requires the department to maintain a website of
wholesalers and retailers participating in the collection program,
and it further requires
the department to provide educational information concerning disposal
of mercury-containing thermostats, also


requires the department to determine the appropriate date
for the repeal of these provisions, based on the remaining number of
out-of-service mercury-containing thermostats and the collection
rates achieved under the provisions.

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 to the state.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding
the date it becomes law.

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

                                  4345

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 30, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

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

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

  Section 1.  The environmental conservation law is amended by adding  a
new section 27-0721 to read as follows:
S 27-0721. COLLECTION OF MERCURY-CONTAINING THERMOSTATS.
  1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "CONTRACTOR" MEANS A PERSON ENGAGED IN THE BUSINESS  OF  INSTALLA-
TION,  SERVICE  OR  REMOVAL OF HEATING, VENTILATION AND AIR-CONDITIONING
COMPONENTS.
  (B) "MANUFACTURER" MEANS THE ORGANIZATION OR ENTITY THAT SELLS OR SOLD
A MERCURY-CONTAINING THERMOSTAT UNDER A BRAND OR LABEL IT OWNS, OR IS OR
WAS LICENSED TO USE A MERCURY-CONTAINING THERMOSTAT  PRODUCED  BY  OTHER
SUPPLIERS.
  (C)  "MERCURY-CONTAINING  THERMOSTAT"  MEANS  A PRODUCT OR DEVICE THAT
USES A MERCURY SWITCH TO SENSE  AND  CONTROL  ROOM  TEMPERATURE  THROUGH
COMMUNICATION  WITH HEATING, VENTILATING, OR AIR-CONDITIONING EQUIPMENT.
MERCURY-CONTAINING THERMOSTAT INCLUDES THERMOSTATS  USED  TO  SENSE  AND
CONTROL  ROOM  TEMPERATURE  IN  RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND
OTHER BUILDINGS, BUT DOES NOT INCLUDE A THERMOSTAT  USED  TO  SENSE  AND
CONTROL TEMPERATURE AS PART OF A MANUFACTURING PROCESS.
  (D)  "PERSON"  MEANS  AN INDIVIDUAL, TRUST, FIRM, JOINT STOCK COMPANY,
CORPORATION (INCLUDING A GOVERNMENT CORPORATION),  PARTNERSHIP,  ASSOCI-
ATION,  THE  FEDERAL  GOVERNMENT OR ANY AGENCY OR SUBDIVISION THEREOF, A
STATE, MUNICIPALITY, COMMISSION, POLITICAL SUBDIVISION OF  A  STATE,  OR
ANY INTERSTATE BODY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10551-02-1

S. 4345                             2

  (E)  "THERMOSTAT RETAILER" MEANS A PERSON WHO SELLS THERMOSTATS OF ANY
KIND DIRECTLY TO HOMEOWNERS OR OTHER NONPROFESSIONALS THROUGH ANY  SELL-
ING  OR  DISTRIBUTION  MECHANISM,  INCLUDING,  BUT NOT LIMITED TO, SALES
USING THE INTERNET OR CATALOGUES. A RETAILER MAY ALSO BE A WHOLESALER IF
IT MEETS THE DEFINITION OF WHOLESALER.
  (F)  "THERMOSTAT  WHOLESALER"  MEANS  A  PERSON THAT IS ENGAGED IN THE
DISTRIBUTION AND WHOLESALE SALE OF THERMOSTATS AND OTHER HEATING, VENTI-
LATION, AND AIR-CONDITIONING COMPONENTS TO CONTRACTORS.
  2. MANUFACTURERS SHALL ESTABLISH AND MAINTAIN A COLLECTION PROGRAM FOR
OUT-OF-SERVICE MERCURY-CONTAINING THERMOSTATS. MANUFACTURERS SHALL:
  (A) ON OR AFTER OCTOBER FIRST, TWO THOUSAND  ELEVEN,  MAKE  COLLECTION
CONTAINERS  AVAILABLE  TO  ALL  THERMOSTAT  WHOLESALERS  IN  THIS STATE.
MANUFACTURERS SHALL PROVIDE  COLLECTION  CONTAINERS  TO  ANY  THERMOSTAT
RETAILER  IN  THIS  STATE  THAT  REQUESTS  A  CONTAINER. EACH THERMOSTAT
MANUFACTURER SHALL WITH EACH CONTAINER,  INCLUDE  INFORMATION  REGARDING
THE  PROPER  MANAGEMENT  OF MERCURY-CONTAINING THERMOSTATS IN ACCORDANCE
WITH FEDERAL AND STATE LAW.
  (B) ESTABLISH A SYSTEM TO  COLLECT,  TRANSPORT,  AND  PROPERLY  MANAGE
OUT-OF-SERVICE MERCURY-CONTAINING THERMOSTATS FROM ALL COLLECTION SITES.
  (C)  DISPOSE OF MERCURY-CONTAINING THERMOSTATS PURSUANT TO TITLE TWEN-
TY-ONE OF THIS ARTICLE.
  (D) CHARGE A ONE-TIME PROGRAM ADMINISTRATION FEE  TO  WHOLESALERS  AND
RETAILERS NOT TO EXCEED TWENTY-FIVE DOLLARS PER COLLECTION CONTAINER.
  (E)   FROM   JANUARY  FIRST,  TWO  THOUSAND  TWELVE  THROUGH  DECEMBER
THIRTY-FIRST, TWO  THOUSAND  FIFTEEN,  CONDUCT  EDUCATION  AND  OUTREACH
EFFORTS INCLUDING, BUT NOT LIMITED TO:
  (1)  PROMOTING THE AVAILABILITY OF COLLECTION CONTAINERS TO THERMOSTAT
WHOLESALERS AND RETAILERS;
  (2) EDUCATING CONTRACTORS, HOMEOWNERS AND OTHER INTERESTED PERSONS  ON
THE  IMPORTANCE  OF  PROPERLY MANAGING OUT-OF-SERVICE MERCURY-CONTAINING
THERMOSTATS AND OPPORTUNITIES FOR THE COLLECTION  OF  THOSE  THERMOSTATS
AND THE AVAILABILITY OF MANUFACTURER SUPPORTED PROGRAM(S);
  (3)  PROVIDING  SIGNAGE TO PARTICIPATING COLLECTION LOCATIONS THAT CAN
BE PROMINENTLY DISPLAYED TO PROMOTE  THE  COLLECTION  AND  RECYCLING  OF
OUT-OF-SERVICE MERCURY-CONTAINING THERMOSTATS TO CONTRACTORS AND CONSUM-
ERS; AND
  (4)  PROMULGATING  WRITTEN  MATERIALS  OR  TEMPLATES  OF MATERIALS FOR
REPRODUCTION BY PARTICIPATING THERMOSTAT WHOLESALERS AND RETAILERS TO BE
PROVIDED TO CUSTOMERS AT THE TIME OF PURCHASE OR DELIVERY OF  A  THERMO-
STAT.  THESE MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION
ON THE IMPORTANCE OF PROPERLY MANAGING OUT-OF-SERVICE MERCURY-CONTAINING
THERMOSTATS AND OPPORTUNITIES FOR THE COLLECTION OF THOSE THERMOSTATS.
  (F) BEGINNING IN THE YEAR TWO  THOUSAND  THIRTEEN,  SUBMIT  AN  ANNUAL
REPORT TO THE DEPARTMENT BY MARCH FIRST OF EACH YEAR THAT INCLUDES, AT A
MINIMUM, ALL OF THE FOLLOWING INFORMATION:
  (1)  THE  NUMBER OF MERCURY-CONTAINING THERMOSTATS COLLECTED AND RECY-
CLED BY THAT MANUFACTURER PURSUANT TO THIS SECTION DURING  THE  PREVIOUS
CALENDAR YEAR;
  (2)  THE ESTIMATED TOTAL AMOUNT OF MERCURY CONTAINED IN THE THERMOSTAT
COMPONENTS COLLECTED BY THAT MANUFACTURER PURSUANT TO  THIS  SECTION  IN
THE PREVIOUS CALENDAR YEAR;
  (3)   AN   EVALUATION  OF  THE  EFFECTIVENESS  OF  THE  MANUFACTURER'S
COLLECTION PROGRAM;
  (4) AN ACCOUNTING OF THE ADMINISTRATIVE COSTS INCURRED IN  THE  COURSE
OF ADMINISTERING THE COLLECTION AND RECYCLING PROGRAM; AND

S. 4345                             3

  (5)  A  LIST  OF  LOCATIONS  THAT  REQUESTED  AND  MAINTAIN COLLECTION
CONTAINERS SITES.
  3. ANY THERMOSTAT WHOLESALER THAT MAINTAINS A PHYSICAL LOCATION IN THE
STATE SHALL ACT AS A COLLECTION LOCATION FOR OUT-OF-SERVICE MERCURY-CON-
TAINING THERMOSTATS.
  4.  (A)  ANY  PERSON  OR  CONTRACTOR WHO REPLACES A MERCURY-CONTAINING
THERMOSTAT FROM A BUILDING SHALL DISPOSE OF SUCH THERMOSTAT PURSUANT  TO
TITLE  TWENTY-ONE  OF  THIS  ARTICLE,  OR DELIVER THE MERCURY-CONTAINING
THERMOSTAT 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 TITLE TWENTY-ONE OF
THIS ARTICLE 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.
  5.  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.
  6. (A) THE DEPARTMENT SHALL MAINTAIN AND POST ON ITS WEBSITE A LIST OF
WHOLESALERS AND RETAILERS THAT PARTICIPATE IN THE COLLECTION  OF  MERCU-
RY-CONTAINING THERMOSTATS PURSUANT TO THIS SECTION.
  (B) IN CONJUNCTION WITH THERMOSTAT MANUFACTURERS, THE DEPARTMENT SHALL
PROVIDE  EDUCATIONAL INFORMATION ON THE IMPORTANCE OF PROPER DISPOSAL OF
MERCURY-CONTAINING THERMOSTATS.   SUCH OUTREACH  SHALL  BE  DIRECTED  TO
WHOLESALERS, RETAILERS, CONTRACTORS AND CONSUMERS.
  S  2.  The  department  of environmental conservation shall review the
provisions of section 27-0721 of the environmental conservation law,  as
added  by  section  one  of this act, no later than September 1, 2019 to
determine the appropriate date for  the  repeal  of  such  section.  The
department  of  environmental conservation shall make such determination
based on the best available data pertaining to the remaining  number  of
out-of-service  mercury-containing  thermostats and the collection rates
achieved under the provisions. The department of environmental conserva-
tion shall report to the legislature no later than January 1, 2020 as to
the determination made by the department. If the department of  environ-
mental  conservation  determines  that  the  provisions  of such section
27-0721 shall continue, the department  shall  subsequently  review  the
provisions of said section no later than September 1, 2022 and every two
years  thereafter  until  such provisions are no longer required and the
department shall report such findings to the legislature for purposes of
repealing such section 27-0721.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

Co-Sponsors

S4345A - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-2119, En Con L

S4345A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4345A

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 I, 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.

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

                                 4345--A

                       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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10551-04-1

S. 4345--A                          2

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:

S. 4345--A                          3

  (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.

S. 4345--A                          4

  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;

S. 4345--A                          5

  (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 THOUSAND 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;

S. 4345--A                          6

  (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.

Co-Sponsors

view additional co-sponsors

S4345B - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-2119, En Con L

S4345B - Bill Texts

view summary

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

view 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.

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                    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.

Co-Sponsors

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S4345C (ACTIVE) - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-2119, En Con L

S4345C (ACTIVE) - Bill Texts

view summary

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

view 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.

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                    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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