S T A T E   O F   N E W   Y O R K
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                                  8084

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 18, 2013
                               ___________

Introduced  by  M.  of A. SWEENEY, WEISENBERG, DINOWITZ, JAFFEE, COLTON,
  TITUS, MOSLEY, ROSENTHAL, LUPARDO, OTIS, ENGLEBRIGHT, BUCHWALD -- read
  once and referred to the Committee on Ways and Means

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing  the mercury thermostat collection act; and providing for
  the repeal of such provisions upon expiration thereof

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

  Section  1.  This  act shall be known and may be cited as the "Mercury
thermostat collection act".
  S 2. Article 27 of the environmental conservation law  is  amended  by
adding a new title 29 to read as follows:

                                TITLE 29
                     MERCURY THERMOSTAT COLLECTION ACT
SECTION 27-2901. DEFINITIONS.
        27-2903. MERCURY-CONTAINING THERMOSTAT COLLECTION.
        27-2905. THERMOSTAT WHOLESALER AND RETAILER REQUIREMENTS.
        27-2907. DEPARTMENT RESPONSIBILITIES.
        27-2909. DISPOSAL PROHIBITION.
S 27-2901. DEFINITIONS.
  1. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPORTA-
TION, RECYCLING, AND DISPOSAL OF OUT-OF-SERVICE MERCURY THERMOSTATS THAT
IS  FINANCED  AND MANAGED OR PROVIDED BY A THERMOSTAT MANUFACTURER INDI-
VIDUALLY OR COLLECTIVELY WITH OTHER THERMOSTAT MANUFACTURERS IN  ACCORD-
ANCE WITH THIS SECTION.
  2.  "MERCURY THERMOSTAT" MEANS A PRODUCT OR DEVICE THAT USES A MERCURY
SWITCH TO SENSE AND CONTROL ROOM TEMPERATURE THROUGH COMMUNICATION  WITH
HEATING, VENTILATION, OR AIR-CONDITIONING EQUIPMENT AND INCLUDES THERMO-
STATS USED TO SENSE AND CONTROL ROOM TEMPERATURE IN RESIDENTIAL, COMMER-
CIAL,  INDUSTRIAL  AND OTHER BUILDINGS BUT DOES NOT INCLUDE A THERMOSTAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05465-06-3
              

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USED TO SENSE AND CONTROL TEMPERATURE AS PART OF A  MANUFACTURING  PROC-
ESS.
  3. "OUT-OF-SERVICE MERCURY THERMOSTAT" MEANS A MERCURY THERMOSTAT THAT
IS REMOVED, REPLACED OR OTHERWISE TAKEN OUT OF SERVICE.
  4.  "QUALIFIED  CONTRACTOR"  MEANS A PERSON ENGAGED IN THE BUSINESS OF
INSTALLATION, SERVICE OR REMOVAL OF HEATING, VENTILATION, AND AIR-CONDI-
TIONING COMPONENTS WHO EMPLOYS SEVEN  OR  MORE  SERVICE  TECHNICIANS  OR
INSTALLERS.
  5. "QUALIFIED LOCAL GOVERNMENT AUTHORITIES" MEANS ANY MUNICIPAL CORPO-
RATION  OR  PLANNING UNIT AS DEFINED IN SECTION 27-0107 OF THIS ARTICLE,
OR COUNTY DEPARTMENTS OF HEALTH.
  6. "THERMOSTAT MANUFACTURER" MEANS A PERSON WHO OWNS OR OWNED  A  NAME
BRAND OF ONE OR MORE MERCURY THERMOSTATS SOLD IN THE STATE.
  7.  "THERMOSTAT  RETAILER" MEANS A PERSON WHO SELLS THERMOSTATS OF ANY
KIND PRIMARILY TO HOMEOWNERS OR OTHER NONPROFESSIONALS THROUGH ANY  SALE
OR  DISTRIBUTION  MECHANISM  INCLUDING SALES USING THE INTERNET OR CATA-
LOGS.
  8. "THERMOSTAT WHOLESALER" MEANS  A  PERSON  WHO  IS  ENGAGED  IN  THE
DISTRIBUTION AND WHOLESALE SELLING OF HEATING, VENTILATION OR AIR-CONDI-
TIONING  COMPONENTS,  INCLUDING  THERMOSTATS,  TO CONTRACTORS, AND WHOSE
TOTAL WHOLESALE SALES ACCOUNT FOR EIGHTY PERCENT OR MORE  OF  ITS  TOTAL
SALES.  A  THERMOSTAT MANUFACTURER IS NOT, BY VIRTUE OF MANUFACTURING, A
THERMOSTAT WHOLESALER.
S 27-2903. MERCURY-CONTAINING THERMOSTAT COLLECTION.
  1. EACH THERMOSTAT MANUFACTURER SHALL, INDIVIDUALLY  OR  COLLECTIVELY,
WITH  OTHER  THERMOSTAT  MANUFACTURERS, ESTABLISH AND MAINTAIN A PROGRAM
FOR THE  COLLECTION,  TRANSPORTATION,  RECYCLING,  DISPOSAL  AND  PROPER
MANAGEMENT  OF OUT-OF-SERVICE MERCURY THERMOSTATS IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
  2. EACH THERMOSTAT MANUFACTURER SHALL,  INDIVIDUALLY  OR  COLLECTIVELY
WITH OTHER THERMOSTAT MANUFACTURERS THROUGH A COLLECTION PROGRAM, DO THE
FOLLOWING:
  (A)  ON AND AFTER JULY FIRST, TWO THOUSAND FOURTEEN, COMPILE A LIST OF
THERMOSTAT WHOLESALERS IN THE STATE AND OFFER EACH THERMOSTAT WHOLESALER
CONTAINERS FOR THE COLLECTION OF OUT-OF-SERVICE MERCURY THERMOSTATS.
  (B) ON AND AFTER JULY FIRST, TWO THOUSAND  FOURTEEN,  MAKE  COLLECTION
CONTAINERS  AVAILABLE  TO  ALL  QUALIFIED CONTRACTORS, THERMOSTAT WHOLE-
SALERS, THERMOSTAT RETAILERS, AND QUALIFIED LOCAL GOVERNMENT AUTHORITIES
THAT REQUEST A CONTAINER.  EACH THERMOSTAT MANUFACTURER SHALL WITH  EACH
CONTAINER   INCLUDE  INFORMATION  REGARDING  THE  PROPER  MANAGEMENT  OF
OUT-OF-SERVICE MERCURY THERMOSTATS.
  (C) ESTABLISH A SYSTEM TO COLLECT,  TRANSPORT,  RECYCLE,  DISPOSE  AND
PROPERLY  MANAGE  OUT-OF-SERVICE MERCURY THERMOSTATS FROM ALL COLLECTION
SITES.
  (D) NOT INCLUDE ANY FEES OR OTHER  CHARGES  TO  CONSUMERS  OR  PERSONS
PARTICIPATING  IN  THE  PROGRAM.  EACH  THERMOSTAT WHOLESALER, QUALIFIED
CONTRACTOR, QUALIFIED LOCAL GOVERNMENT AUTHORITY, OR THERMOSTAT RETAILER
THAT IS PROVIDED WITH ONE OR MORE COLLECTION CONTAINERS MAY BE CHARGED A
FEE NOT TO EXCEED TWENTY-SIX DOLLARS TO REPLACE ANY COLLECTION CONTAINER
THAT IS MISPLACED, STOLEN OR OTHERWISE LOST.
  (E) BEGINNING JULY FIRST, TWO THOUSAND FOURTEEN, CONDUCT EDUCATION AND
OUTREACH EFFORTS, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
  (I) ESTABLISH AND MAINTAIN A PUBLIC WEBSITE FOR THE  DISSEMINATION  OF
EDUCATIONAL MATERIALS TO PROMOTE THE COLLECTION OF OUT-OF-SERVICE MERCU-
RY  THERMOSTATS. THIS WEBSITE SHALL INCLUDE TEMPLATES OF THE EDUCATIONAL
MATERIALS ON THE INTERNET WEBSITE IN A FORM AND FORMAT THAT CAN BE EASI-

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LY DOWNLOADED AND PRINTED. THE LINK TO THIS WEBSITE SHALL BE PROVIDED TO
THE DEPARTMENT;
  (II)  CONTACT THERMOSTAT WHOLESALERS AT LEAST ONCE A YEAR TO ENCOURAGE
THEIR SUPPORT AND PARTICIPATION IN EDUCATING CUSTOMERS ON THE IMPORTANCE
OF STATUTORY REQUIREMENTS FOR THE COLLECTION AND  PROPER  MANAGEMENT  OF
OUT-OF-SERVICE MERCURY THERMOSTATS;
  (III)  CREATE AND MAINTAIN A WEB-BASED PROGRAM THAT ALLOWS CONTRACTORS
AND CONSUMERS TO IDENTIFY COLLECTION SITES  FOR  OUT-OF-SERVICE  MERCURY
THERMOSTATS  IN  THE STATE AND PROVIDE A LIST OF COLLECTION SITES TO THE
DEPARTMENT; AND
  (IV) DEVELOP INFORMATIONAL ARTICLES, PRESS RELEASES, AND NEWS  STORIES
PERTAINING  TO  THE  IMPORTANCE  OF AND OPPORTUNITIES FOR COLLECTING AND
RECYCLING OUT-OF-SERVICE MERCURY THERMOSTATS AND DISTRIBUTE THOSE  MATE-
RIALS TO TRADE PUBLICATIONS, LOCAL MEDIA, AND STAKEHOLDER GROUPS.
  (F) ON OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN, DEVELOP AND UPDATE
AS  NECESSARY  EDUCATIONAL AND OTHER OUTREACH MATERIALS FOR DISTRIBUTION
TO CONTRACTORS, CONTRACTOR ASSOCIATIONS AND CONSUMERS.  THESE  MATERIALS
SHALL BE MADE AVAILABLE FOR USE BY PARTICIPATING THERMOSTAT WHOLESALERS,
THERMOSTAT RETAILERS, CONTRACTORS, AND QUALIFIED GOVERNMENT AUTHORITIES.
THE MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  (I) SIGNAGE, SUCH AS POSTERS AND CLING SIGNAGE, THAT CAN BE PROMINENT-
LY DISPLAYED TO PROMOTE THE COLLECTION OF OUT-OF-SERVICE MERCURY THERMO-
STATS TO CONTRACTORS AND CONSUMERS; AND
  (II)  WRITTEN  MATERIALS OR TEMPLATES OF MATERIALS FOR REPRODUCTION BY
THERMOSTAT WHOLESALERS  AND  THERMOSTAT  RETAILERS  TO  BE  PROVIDED  TO
CUSTOMERS AT THE TIME OF PURCHASE OR DELIVERY OF A THERMOSTAT. THE MATE-
RIALS  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, INFORMATION ON THE IMPOR-
TANCE OF PROPERLY MANAGING OUT-OF-SERVICE MERCURY THERMOSTATS AND OPPOR-
TUNITIES FOR THE COLLECTION OF THESE THERMOSTATS.
  (G) PROVIDE AN OPPORTUNITY FOR THE  DEPARTMENT  TO  REVIEW  AND  OFFER
FEEDBACK AND SUGGESTIONS ON THE COLLECTION PROGRAM.
  3.  THE  COLLECTION  PROGRAMS  ESTABLISHED BY THERMOSTAT MANUFACTURERS
UNDER THIS SECTION SHALL BE DESIGNED TO ACHIEVE COLLECTIVELY THE FOLLOW-
ING STATEWIDE GOALS:
  (A) FOR CALENDAR YEAR TWO THOUSAND FIFTEEN, THE COLLECTION OF NO  LESS
THAN FIFTEEN THOUSAND FIVE HUNDRED OUT-OF-SERVICE MERCURY THERMOSTATS;
  (B) FOR CALENDAR YEARS TWO THOUSAND SIXTEEN THROUGH TWO THOUSAND TWEN-
TY-THREE,  THE  COLLECTION GOALS SHALL BE ESTABLISHED BY THE DEPARTMENT.
THE DEPARTMENT SHALL ESTABLISH COLLECTION GOALS NO  LATER  THAN  OCTOBER
FIRST,  TWO  THOUSAND  FIFTEEN.  THE COLLECTION GOALS ESTABLISHED BY THE
DEPARTMENT SHALL ACHIEVE THE MAXIMUM FEASIBLE NUMBER  OF  OUT-OF-SERVICE
MERCURY  THERMOSTATS  IN  THE STATE. IN DEVELOPING THE COLLECTION GOALS,
THE DEPARTMENT SHALL TAKE INTO ACCOUNT, AT A MINIMUM, (I) THE EFFECTIVE-
NESS OF COLLECTION PROGRAMS FOR OUT-OF-SERVICE  MERCURY  THERMOSTATS  IN
THE  STATE  AND  OTHER STATES, INCLUDING EDUCATION AND OUTREACH EFFORTS,
(II) COLLECTION REQUIREMENTS IN OTHER  STATES,  INCLUDING  THOSE  STATES
WITH  THE  HIGHEST COLLECTION GOALS, (III) ANY REPORTS OR STUDIES ON THE
NUMBER OF OUT-OF-SERVICE MERCURY  THERMOSTATS  THAT  ARE  AVAILABLE  FOR
COLLECTION  IN  THIS STATE, OTHER STATES, AND NATIONALLY, AND (IV) OTHER
RELEVANT FACTORS.  PRIOR  TO  ESTABLISHING  THE  COLLECTION  GOALS,  THE
DEPARTMENT  SHALL  CONSULT  WITH  STAKEHOLDER  GROUPS THAT INCLUDE, AT A
MINIMUM,  REPRESENTATIVES  OF  THERMOSTAT  MANUFACTURERS,  ENVIRONMENTAL
GROUPS,  MUNICIPAL RECYCLERS, THERMOSTAT WHOLESALERS, QUALIFIED CONTRAC-
TORS, AND THERMOSTAT RETAILERS.
  (C) THERMOSTAT MANUFACTURERS SHALL IMPLEMENT  ANY  COLLECTION  PROGRAM
REVISIONS APPROVED BY THE DEPARTMENT WITHIN NINETY DAYS.

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  4.  IF  THE  COLLECTION  PROGRAMS  DO  NOT  COLLECTIVELY  ACHIEVE  THE
COLLECTION GOALS PROVIDED FOR IN SUBDIVISION THREE OF THIS  SECTION  FOR
CALENDAR  YEAR  TWO  THOUSAND FIFTEEN OR ANY YEAR THEREAFTER THE DEPART-
MENT, AFTER CONDUCTING STAKEHOLDER CONSULTATIONS, MAY REQUIRE  MODIFICA-
TIONS  TO ONE OR MORE COLLECTION PROGRAMS THAT THE DEPARTMENT DETERMINES
ARE NECESSARY TO ACHIEVE THE COLLECTION GOALS. MODIFICATIONS REQUIRED BY
THE DEPARTMENT  MAY  INCLUDE  IMPROVEMENTS  TO  OUTREACH  AND  EDUCATION
CONDUCTED  UNDER  THE  COLLECTION  PROGRAM,  EXPANSION OF THE NUMBER AND
LOCATION OF COLLECTION SITES ESTABLISHED UNDER THE PROGRAM, MODIFICATION
OF THE ROLES OF PARTICIPANTS, AND A FIVE DOLLAR FINANCIAL  INCENTIVE  IN
THE  FORM  OF  EITHER  CASH  OR  COUPON  OFFERED  BY THE MANUFACTURER TO
CONTRACTORS AND CONSUMERS FOR  EACH  OUT-OF-SERVICE  MERCURY  THERMOSTAT
RETURNED TO A COLLECTION SITE.
  5.  NO LATER THAN APRIL FIRST, TWO THOUSAND FIFTEEN, AND NO LATER THAN
APRIL FIRST OF EACH YEAR THEREAFTER, EACH THERMOSTAT MANUFACTURER SHALL,
INDIVIDUALLY OR COLLECTIVELY WITH OTHER THERMOSTAT MANUFACTURERS, SUBMIT
AN ANNUAL REPORT ON ITS COLLECTION PROGRAM TO  THE  DEPARTMENT  COVERING
THE  ONE-YEAR  PERIOD ENDING DECEMBER THIRTY-FIRST OF THE PREVIOUS YEAR.
EACH REPORT SHALL BE POSTED ON THE MANUFACTURER'S OR PROGRAM  OPERATOR'S
RESPECTIVE INTERNET WEBSITE. THE ANNUAL REPORT SHALL INCLUDE THE FOLLOW-
ING:
  (A)  THE  NUMBER  OF  OUT-OF-SERVICE MERCURY THERMOSTATS COLLECTED AND
MANAGED UNDER THIS SECTION DURING THE PREVIOUS CALENDAR YEAR;
  (B) THE ESTIMATED TOTAL AMOUNT OF MERCURY CONTAINED IN THE OUT-OF-SER-
VICE MERCURY THERMOSTATS COLLECTED UNDER THIS SECTION DURING THE  PREVI-
OUS CALENDAR YEAR;
  (C) A LIST OF ALL THERMOSTAT WHOLESALERS, CONTRACTORS, QUALIFIED LOCAL
GOVERNMENT  AUTHORITIES,  AND  THERMOSTAT RETAILERS PARTICIPATING IN THE
PROGRAM AS  MERCURY  THERMOSTAT  COLLECTION  SITES  AND  THE  NUMBER  OF
OUT-OF-SERVICE MERCURY THERMOSTATS RETURNED BY EACH;
  (D) AN ACCOUNTING OF THE PROGRAM'S ADMINISTRATIVE COSTS;
  (E)  A DESCRIPTION OF OUTREACH STRATEGIES EMPLOYED UNDER PARAGRAPH (E)
OF SUBDIVISION TWO OF THIS SECTION;
  (F) EXAMPLES OF OUTREACH AND EDUCATIONAL MATERIALS  USED  UNDER  PARA-
GRAPH (E) OF SUBDIVISION TWO OF THIS SECTION;
  (G)  THE INTERNET WEBSITE ADDRESS OF ADDRESSES WHERE THE ANNUAL REPORT
MAY BE VIEWED ONLINE;
  (H) A DESCRIPTION OF HOW THE OUT-OF-SERVICE MERCURY  THERMOSTATS  WERE
MANAGED;
  (I)  ANY MODIFICATIONS THAT THE THERMOSTAT MANUFACTURER IS PLANNING TO
MAKE IN ITS COLLECTION PROGRAM; AND
  (J) THE IDENTIFICATION OF A COLLECTION PROGRAM CONTACT AND  THE  BUSI-
NESS PHONE NUMBER, MAILING ADDRESS, AND E-MAIL ADDRESS FOR THE CONTACT.
  6.  ALL CONTRACTORS, THERMOSTAT WHOLESALERS, THERMOSTAT MANUFACTURERS,
AND THERMOSTAT RETAILERS PARTICIPATING IN THE PROGRAM SHALL  HANDLE  AND
MANAGE  THE  OUT-OF-SERVICE  MERCURY  THERMOSTATS  IN  A  MANNER THAT IS
CONSISTENT WITH THE REQUIREMENTS FOR THE DISPOSAL OF HAZARDOUS WASTE.
  7. ON AND AFTER JULY  FIRST,  TWO  THOUSAND  FOURTEEN,  NO  THERMOSTAT
WHOLESALER SHALL SELL, OFFER TO SELL, DISTRIBUTE, OR OFFER TO DISTRIBUTE
THERMOSTATS  UNLESS THE WHOLESALER PARTICIPATES AS A COLLECTION SITE FOR
OUT-OF-SERVICE MERCURY THERMOSTATS OR REQUESTS  AND  RECEIVES  A  WAIVER
FROM  THE  DEPARTMENT  FOLLOWING A DEMONSTRATION THAT SUCH PARTICIPATION
WOULD POSE AN UNDUE BURDEN.
S 27-2905. THERMOSTAT WHOLESALER AND RETAILER REQUIREMENTS.
  NO THERMOSTAT WHOLESALER OR THERMOSTAT RETAILER SHALL SELL, OFFER  FOR
SALE OR DISTRIBUTE ANY THERMOSTAT FOR FINAL SALE UNLESS THE MANUFACTURER

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OF  SUCH THERMOSTAT IS LISTED ON THE DEPARTMENT'S WEBSITE, IN ACCORDANCE
WITH THE PROVISIONS OF THIS TITLE.
S 27-2907. DEPARTMENT RESPONSIBILITIES.
  1.  NO  LATER  THAN  JUNE  FIRST, TWO THOUSAND FIFTEEN, THE DEPARTMENT
SHALL MAINTAIN ON ITS WEBSITE INFORMATION REGARDING THE  COLLECTION  AND
PROPER  MANAGEMENT  OF  OUT-OF-SERVICE MERCURY THERMOSTATS IN THE STATE.
THE INFORMATION SHALL INCLUDE THE FOLLOWING:
  (A) A DESCRIPTION OF THE COLLECTION PROGRAMS  ESTABLISHED  UNDER  THIS
SECTION;
  (B)   A  REPORT  ON  THE  PROGRESS  TOWARDS  ACHIEVING  THE  STATEWIDE
COLLECTION GOALS SET FORTH IN THIS TITLE; AND
  (C) A LIST OF ALL THERMOSTAT WHOLESALERS, CONTRACTORS, QUALIFIED LOCAL
GOVERNMENT AUTHORITIES, AND THERMOSTAT RETAILERS  PARTICIPATING  IN  THE
PROGRAM AS COLLECTION SITES.
  2. NO LATER THAN NOVEMBER FIRST, TWO THOUSAND EIGHTEEN, THE DEPARTMENT
SHALL  SUBMIT  A  WRITTEN  REPORT  TO  THE  GOVERNOR AND THE LEGISLATURE
REGARDING THE EFFECTIVENESS OF THE COLLECTION PROGRAMS ESTABLISHED UNDER
THIS SECTION, INFORMATION ON THE NUMBER  OF  OUT-OF-SERVICE  THERMOSTATS
COLLECTED, HOW THE OUT-OF-SERVICE THERMOSTATS WERE MANAGED, AND AN ESTI-
MATE OF THE NUMBER OF THERMOSTATS THAT ARE AVAILABLE FOR COLLECTION. THE
DEPARTMENT   SHALL   USE  THIS  INFORMATION  TO  RECOMMEND  WHETHER  THE
PROVISIONS OF THIS SECTION SHOULD BE  EXTENDED,  ALONG  WITH  ANY  OTHER
STATUTORY CHANGES. IN PREPARING THE REPORT, THE DEPARTMENT SHALL CONSULT
WITH  MERCURY  THERMOSTAT  MANUFACTURERS,  ENVIRONMENTAL  ORGANIZATIONS,
MUNICIPAL RECYCLERS, AND OTHER INTEREST GROUPS.
S 27-2909.  DISPOSAL PROHIBITION.
  1. NO TRANSPORTER SHALL KNOWINGLY COMMINGLE MERCURY-ADDED  THERMOSTATS
WITH SOLID WASTE OR RECYCLABLE MATERIALS.
  2. NO TRANSPORTER SHALL KNOWINGLY DELIVER MERCURY-ADDED THERMOSTATS OR
KNOWINGLY CAUSE SUCH MATERIALS TO BE DELIVERED TO:
  (A) AN INCINERATOR;
  (B) A LANDFILL;
  (C) A TRANSFER STATION; OR
  (D)  ANYONE  WHO  THE  TRANSPORTER  KNOWS  OR  SHOULD KNOW WILL EITHER
COMMINGLE SUCH MATERIALS WITH OTHER SOLID WASTE OR DELIVER SUCH  MATERI-
ALS TO AN INCINERATOR OR A LANDFILL FOR DISPOSAL.
  3.  NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY ACCEPT
MERCURY-ADDED THERMOSTATS FOR DISPOSAL.
  4. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE  MERCU-
RY-ADDED  THERMOSTATS  WITH OTHER SOLID WASTE OR CAUSE SUCH MATERIALS TO
BE TRANSFERRED TO AN INCINERATOR OR LANDFILL FOR DISPOSAL.
  5. EACH LANDFILL AND TRANSFER STATION SHALL  POST,  IN  A  CONSPICUOUS
LOCATION  AT THE FACILITY, A SIGN STATING THAT MERCURY-ADDED THERMOSTATS
ARE NOT ACCEPTED AT THE FACILITY.
  S 3. 1. Any person or contractor  who  replaces  a  mercury-containing
thermostat  from a building shall deliver the mercury-containing thermo-
stat to an appropriate collection site.
  2. Any person or contractor who demolishes  a  building  shall  ensure
that  all  mercury-containing  thermostats are removed from the building
prior to demolition and shall dispose of the mercury-containing  thermo-
stats at a collection site.
  3.  Any  department,  authority,  instrumentality, or municipal corpo-
ration of the state administering a program that involves the removal or
replacement of mercury containing thermostats as a result of any  statu-
tory  requirement,  shall  inform  contractors  of their statutory obli-
gations to deliver the mercury-containing thermostats  to  a  collection

A. 8084                             6

site  and  prohibiting the disposal of such thermostats in a solid-waste
facility.
  4. Any contractor, organization or subcontractor of such organization,
who contracts with or receives funding or financing provided in whole or
in  part by or through any department, agency, instrumentality, or poli-
tical subdivision of the state for the installation, service, or removal
of heating, ventilation, or air-conditioning components resulting in the
removal or handling of out-of-service mercury thermostats, shall  ensure
the  collection,  transportation and proper management of out-of-service
mercury thermostats in accordance with the provisions  of  title  29  of
article 27 of the environmental conservation law.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed January 1, 2024.