senate Bill S1676A

2013-2014 Legislative Session

Requires manufacturers of thermostats to collect mercury-containing thermostats

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2013 print number 1676a
amend (t) and recommit to finance
Feb 28, 2013 reported and committed to finance
Jan 09, 2013 referred to environmental conservation

Bill Amendments

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Co-Sponsors

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S1676 - Bill Details

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

S1676 - Bill Texts

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

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BILL NUMBER:S1676

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 consulta-
tions, 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
2015 and 2016. For calendar years 2017-2022, 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, 2022, 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, 2024.

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 =STORY: S.3435C of 2011-2012; Passed Senate

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
________________________________________________________________________

                                  1676

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, MARTINS -- 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, 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05465-01-3

S. 1676                             2

  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 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
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)   FROM   JULY  FIRST,  TWO  THOUSAND  FOURTEEN,  THROUGH  DECEMBER
THIRTY-FIRST, TWO  THOUSAND  SIXTEEN,  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

S. 1676                             3

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 FOURTEEN, 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 FIFTEEN OR ANY YEAR THEREAFTER THE DEPARTMENT
SHALL  CONFER  WITH  THERMOSTAT  MANUFACTURERS,  THERMOSTAT WHOLESALERS,
QUALIFIED CONTRACTORS, THE NEW YORK STATE  ENERGY  RESEARCH  DEVELOPMENT
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.

S. 1676                             4

  (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 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, 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;
  (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 FIFTEEN, THE COLLECTION OF AT LEAST
TEN THOUSAND MERCURY THERMOSTATS TAKEN  OUT  OF  SERVICE  IN  THE  STATE
DURING THE CALENDAR YEAR.

S. 1676                             5

  (B) FOR CALENDAR YEAR TWO THOUSAND SIXTEEN, 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 SEVENTEEN THROUGH TWO THOUSAND
TWENTY-TWO, THE COLLECTION GOALS SHALL BE ESTABLISHED BY THE DEPARTMENT.
THE DEPARTMENT SHALL ESTABLISH  COLLECTION  GOALS  NO  LATER  THAN  JUNE
FIRST,  TWO  THOUSAND SIXTEEN.   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,  (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, MUNICIPAL RECYCLERS, THERMOSTAT  WHOLESALERS,  CONTRACTORS,  AND
THERMOSTAT RETAILERS.
  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  FOURTEEN,  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.
  (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.

S. 1676                             6

  11. 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, 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-TWO, 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
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 20 to read as follows:
  20. TO ENSURE THE COLLECTION AND PROPER MANAGEMENT  OF  OUT-OF-SERVICE
MERCURY THERMOSTATS, GENERATED AS A RESULT OF ANY GRANT OR LOAN PROVIDED

S. 1676                             7

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
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-

S. 1676                             8

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:
  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

S. 1676                             9

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, 2024.

Co-Sponsors

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S1676A (ACTIVE) - Bill Details

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

S1676A (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.

view sponsor memo
BILL NUMBER:S1676A

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

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

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the Mercury Thermostat Collection Act.

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

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

Section 4 is the effective date.

JUSTIFICATION: Mercury is a persistent and toxic
pollutant that
bioaccumulates in the environment. Mercury deposition has proven to
be a significant problem in the northeastern united states.
Consumption of mercury-contaminated freshwater fish noses a
significant public health threat to the residents of New York.

According to a 2004 study by the U.S. Environmental Protection Agency
titled "International mercury market study and the role and impact of
U.S. environmental policy," more than ten percent (10%) of the
estimated mercury reservoir in the United States is in thermostats.
The intent of this bill is to achieve significant reductions in
environmental mercury by establishing a program to collect
mercury-containing thermostats.

PRIOR LEGISLATIVE HISTORY: S.3435C of 2011-2012;
Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 1676--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. GRISANTI, ADDABBO, AVELLA, BOYLE, ESPAILLAT, HOYL-
  MAN, LATIMER, MARTINS, SERRANO, SQUADRON,  YOUNG  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Environmental Conservation -- reported favorably from  said  committee
  and  committed  to  the  Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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

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

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

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

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

S. 1676--A                          2

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

S. 1676--A                          3

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

S. 1676--A                          4

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

S. 1676--A                          5

OUT-OF-SERVICE  MERCURY  THERMOSTATS  OR  REQUESTS AND RECEIVES A WAIVER
FROM THE DEPARTMENT FOLLOWING A DEMONSTRATION  THAT  SUCH  PARTICIPATION
WOULD POSE AN UNDUE BURDEN.
S 27-2905. THERMOSTAT WHOLESALER AND RETAILER REQUIREMENTS.
  NO  THERMOSTAT WHOLESALER OR THERMOSTAT RETAILER SHALL SELL, OFFER FOR
SALE OR DISTRIBUTE ANY THERMOSTAT FOR FINAL SALE UNLESS THE MANUFACTURER
OF SUCH THERMOSTAT IS LISTED ON THE DEPARTMENT'S WEBSITE, IN  ACCORDANCE
WITH THE PROVISIONS OF THIS TITLE.
S 27-2907. DEPARTMENT RESPONSIBILITIES.
  1.  NO  LATER  THAN  JUNE  FIRST, TWO THOUSAND FIFTEEN, THE DEPARTMENT
SHALL MAINTAIN ON ITS WEBSITE INFORMATION REGARDING THE  COLLECTION  AND
PROPER  MANAGEMENT  OF  OUT-OF-SERVICE MERCURY THERMOSTATS IN THE STATE.
THE INFORMATION SHALL INCLUDE THE FOLLOWING:
  (A) A DESCRIPTION OF THE COLLECTION PROGRAMS  ESTABLISHED  UNDER  THIS
SECTION;
  (B)   A  REPORT  ON  THE  PROGRESS  TOWARDS  ACHIEVING  THE  STATEWIDE
COLLECTION GOALS SET FORTH IN THIS TITLE; AND
  (C) A LIST OF ALL THERMOSTAT WHOLESALERS, CONTRACTORS, QUALIFIED LOCAL
GOVERNMENT AUTHORITIES, AND THERMOSTAT RETAILERS  PARTICIPATING  IN  THE
PROGRAM AS COLLECTION SITES.
  2. NO LATER THAN NOVEMBER FIRST, TWO THOUSAND EIGHTEEN, THE DEPARTMENT
SHALL  SUBMIT  A  WRITTEN  REPORT  TO  THE  GOVERNOR AND THE LEGISLATURE
REGARDING THE EFFECTIVENESS OF THE COLLECTION PROGRAMS ESTABLISHED UNDER
THIS SECTION, INFORMATION ON THE NUMBER  OF  OUT-OF-SERVICE  THERMOSTATS
COLLECTED, HOW THE OUT-OF-SERVICE THERMOSTATS WERE MANAGED, AND AN ESTI-
MATE OF THE NUMBER OF THERMOSTATS THAT ARE AVAILABLE FOR COLLECTION. THE
DEPARTMENT   SHALL   USE  THIS  INFORMATION  TO  RECOMMEND  WHETHER  THE
PROVISIONS OF THIS SECTION SHOULD BE  EXTENDED,  ALONG  WITH  ANY  OTHER
STATUTORY CHANGES. IN PREPARING THE REPORT, THE DEPARTMENT SHALL CONSULT
WITH  MERCURY  THERMOSTAT  MANUFACTURERS,  ENVIRONMENTAL  ORGANIZATIONS,
MUNICIPAL RECYCLERS, AND OTHER INTEREST GROUPS.
S 27-2909.  DISPOSAL PROHIBITION.
  1. NO TRANSPORTER SHALL KNOWINGLY COMMINGLE MERCURY-ADDED  THERMOSTATS
WITH SOLID WASTE OR RECYCLABLE MATERIALS.
  2. NO TRANSPORTER SHALL KNOWINGLY DELIVER MERCURY-ADDED THERMOSTATS OR
KNOWINGLY CAUSE SUCH MATERIALS TO BE DELIVERED TO:
  (A) AN INCINERATOR;
  (B) A LANDFILL;
  (C) A TRANSFER STATION; OR
  (D)  ANYONE  WHO  THE  TRANSPORTER  KNOWS  OR  SHOULD KNOW WILL EITHER
COMMINGLE SUCH MATERIALS WITH OTHER SOLID WASTE OR DELIVER SUCH  MATERI-
ALS TO AN INCINERATOR OR A LANDFILL FOR DISPOSAL.
  3.  NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY ACCEPT
MERCURY-ADDED THERMOSTATS FOR DISPOSAL.
  4. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE  MERCU-
RY-ADDED  THERMOSTATS  WITH OTHER SOLID WASTE OR CAUSE SUCH MATERIALS TO
BE TRANSFERRED TO AN INCINERATOR OR LANDFILL FOR DISPOSAL.
  5. EACH LANDFILL AND TRANSFER STATION SHALL  POST,  IN  A  CONSPICUOUS
LOCATION  AT THE FACILITY, A SIGN STATING THAT MERCURY-ADDED THERMOSTATS
ARE NOT ACCEPTED AT THE FACILITY.
  S 3. 1. Any person or contractor  who  replaces  a  mercury-containing
thermostat  from a building shall deliver the mercury-containing thermo-
stat to an appropriate collection site.
  2. Any person or contractor who demolishes  a  building  shall  ensure
that  all  mercury-containing  thermostats are removed from the building

S. 1676--A                          6

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

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