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.
