Senate Bill S686

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

                                   686

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

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

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 27-2119 to read as follows:
S 27-2119. MERCURY-CONTAINING THERMOSTAT COLLECTION PROGRAM.
  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  (A)  "MANUFACTURER"  MEANS THE ENTITY THAT OWNS A NAME BRAND OF MERCU-
RY-CONTAINING THERMOSTATS.
  (B) "MERCURY-CONTAINING THERMOSTAT" MEANS A  PRODUCT  OR  DEVICE  THAT
USES  A  MERCURY  SWITCH  TO  SENSE AND CONTROL ROOM TEMPERATURE THROUGH
COMMUNICATION WITH HEATING, VENTILATING, OR AIR-CONDITIONING  EQUIPMENT.
"MERCURY-CONTAINING  THERMOSTAT"  INCLUDES THERMOSTATS USED TO SENSE AND
CONTROL ROOM TEMPERATURE  IN  RESIDENTIAL,  COMMERCIAL,  INDUSTRIAL  AND
OTHER  BUILDINGS  BUT  DOES  NOT  INCLUDE A THERMOSTAT USED TO SENSE AND
CONTROL TEMPERATURE AS PART OF A MANUFACTURING PROCESS.
  (C) "THERMOSTAT RETAILER" MEANS ANY INDIVIDUAL, CORPORATION,  PARTNER-
SHIP, COOPERATIVE, ASSOCIATION, FIRM, OR OTHER ENTITY THAT SELLS THERMO-
STATS  OF  ANY  KIND  DIRECTLY  TO  HOMEOWNERS OR OTHER NONPROFESSIONALS
THROUGH ANY SELLING OR DISTRIBUTION MECHANISM, INCLUDING BUT NOT LIMITED
TO SALES USING THE INTERNET OR CATALOGUES. A  RETAILER  MAY  ALSO  BE  A
WHOLESALER IF IT MEETS THE DEFINITION OF A WHOLESALER.
  (D)  "THERMOSTAT  WHOLESALER" MEANS ANY INDIVIDUAL, CORPORATION, PART-
NERSHIP, COOPERATIVE, ASSOCIATION, FIRM, OR OTHER ENTITY THAT IS ENGAGED
PRIMARILY IN THE DISTRIBUTION AND WHOLESALE OF HEATING, VENTILATION, AND
AIR-CONDITIONING COMPONENTS TO CONTRACTORS WHO INSTALL  HEATING,  VENTI-
LATION, AND AIR-CONDITIONING COMPONENTS.

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

                                                           LBD00447-01-5

S. 686                              2

  2.  MANUFACTURER RESPONSIBILITIES. (A) EACH MERCURY-CONTAINING THERMO-
STAT MANUFACTURER THAT HAS OFFERED FOR FINAL SALE, SOLD AT  FINAL  SALE,
OR  HAS  DISTRIBUTED  MERCURY-CONTAINING  THERMOSTATS IN NEW YORK SHALL,
INDIVIDUALLY OR COLLECTIVELY, AND NOT LATER THAN JUNE FIRST,  TWO  THOU-
SAND  EIGHTEEN,  SUBMIT  A  PLAN  TO  THE  DEPARTMENT  FOR APPROVAL THAT
DESCRIBES A COLLECTION  PROGRAM  FOR  OUT-OF-SERVICE  MERCURY-CONTAINING
THERMOSTATS  FROM  CONTRACTORS,  SERVICE TECHNICIANS AND HOMEOWNERS. THE
COLLECTION PROGRAM SHALL NOT INVOLVE ANY  DIRECT  COST  TO  CONTRACTORS,
SERVICE  TECHNICIANS OR HOMEOWNERS FOR PARTICIPATING IN THE PROGRAM. THE
COLLECTION PROGRAM MAY INCLUDE A FINANCIAL INCENTIVE FOR THE  RETURN  OF
EACH  MERCURY-CONTAINING  THERMOSTAT IN THE FORM OF CASH OR COUPONS THAT
ARE REDEEMABLE BY CONTRACTORS AND/OR HOMEOWNERS.
  THE COLLECTION PROGRAM SHALL AT A MINIMUM INCLUDE:
  (I) AN EDUCATION AND OUTREACH  PROGRAM  DIRECTED  TOWARD  WHOLESALERS,
RETAILERS,  CONTRACTORS  AND HOMEOWNERS. SUCH PROGRAM SHALL BE CONDUCTED
AT NO COST TO SUCH ENTITIES.
  (II) THE DISTRIBUTION OF CONTAINERS FOR MERCURY-CONTAINING  THERMOSTAT
COLLECTION.  COLLECTION  METHODS  MAY  INCLUDE,  BUT ARE NOT LIMITED TO,
INDIVIDUAL PRODUCT MAIL RETURN AND/OR MULTIPLE COLLECTION CONTAINERS AND
COLLECTION SITES LOCATED  AT  THERMOSTAT  RETAILERS,  THERMOSTAT  WHOLE-
SALERS,  MUNICIPALITIES  FOR  COLLECTION  AT  HOUSEHOLD  HAZARDOUS WASTE
COLLECTION FACILITIES OR HOUSEHOLD HAZARDOUS WASTE EVENTS.
  (III)  MEASURES  TO  PROTECT  AGAINST   THE   FRAUDULENT   RETURN   OF
MERCURY-CONTAINING THERMOSTATS.
  (IV)  CRITERIA  TO ENCOURAGE THE PURCHASE OF MERCURY-FREE PROGRAMMABLE
THERMOSTATS QUALIFIED BY THE ENERGY STAR  PROGRAM  AS  REPLACEMENTS  FOR
MERCURY-CONTAINING THERMOSTATS.
  (V) CRITERIA TO ENSURE THAT THE CAPTURE RATE OF OUT-OF-SERVICE MERCURY
THERMOSTATS IS MAXIMIZED AND THE ESTABLISHMENT OF A COLLECTION GOAL.
  (B)  NOT LATER THAN DECEMBER FIRST, TWO THOUSAND EIGHTEEN, MANUFACTUR-
ERS OF MERCURY-CONTAINING THERMOSTATS  SHALL  IMPLEMENT  THE  COLLECTION
PROGRAM OUTLINED IN THEIR PLAN.
  (C)  BEGINNING  JUNE FIRST, TWO THOUSAND NINETEEN, AND ANNUALLY THERE-
AFTER, EACH MANUFACTURER OF MERCURY-CONTAINING THERMOSTATS SHALL  SUBMIT
A  REPORT  TO  THE DEPARTMENT THAT INCLUDES, AT A MINIMUM, THE FOLLOWING
INFORMATION:
  (I) THE NUMBER OF MERCURY-CONTAINING THERMOSTATS COLLECTED  AND  RECY-
CLED BY THE MANUFACTURER DURING THE PREVIOUS CALENDAR YEAR.
  (II) THE ESTIMATED TOTAL AMOUNT OF MERCURY CONTAINED IN THE THERMOSTAT
COMPONENTS COLLECTED BY THAT MANUFACTURER IN THE PREVIOUS CALENDAR YEAR.
  (III)  AN  EVALUATION  OF  THE  EFFECTIVENESS  OF  THE  MANUFACTURER'S
COLLECTION PROGRAM AND ANY FINANCIAL INCENTIVES.
  (IV) AN ACCOUNTING OF THE ADMINISTRATIVE COSTS INCURRED IN THE  COURSE
OF  ADMINISTERING THE COLLECTION AND RECYCLING PROGRAM AND ANY FINANCIAL
INCENTIVE PLAN.
  3. DEPARTMENT RESPONSIBILITIES. (A) WITHIN NINETY DAYS OF RECEIPT OF A
COMPLETE MANUFACTURER PLAN REQUIRED BY SUBDIVISION TWO OF THIS  SECTION,
THE  DEPARTMENT SHALL REVIEW AND MAY GRANT, DENY OR APPROVE WITH MODIFI-
CATIONS. THE DEPARTMENT SHALL NOT APPROVE A PLAN UNLESS ALL ELEMENTS  OF
SUBDIVISION TWO OF THIS SECTION ARE ADEQUATELY ADDRESSED. IN REVIEWING A
PLAN,   THE  DEPARTMENT  MAY  CONSIDER  CONSISTENCY  OF  THE  PLAN  WITH
COLLECTION IN OTHER STATES AND CONSIDER CONSISTENCY BETWEEN MANUFACTURER
PROGRAMS. IN REVIEWING PLANS, THE DEPARTMENT SHALL ENSURE THAT EDUCATION
AND OUTREACH PROGRAMS ARE UNIFORM  AND  CONSISTENT  TO  ENSURE  EASE  OF
IMPLEMENTATION.

S. 686                              3

  (B)  THE  DEPARTMENT  SHALL MAINTAIN AND POST ON ITS WEBSITE A LIST OF
ENTITIES AND LOCATIONS THAT SERVE AS COLLECTION POINTS FOR  MERCURY-CON-
TAINING  THERMOSTATS,  INCLUDING  BUT  NOT LIMITED TO MUNICIPALITIES AND
THERMOSTAT RETAILERS AND THERMOSTAT WHOLESALERS.
  (C)  IN  CONJUNCTION WITH THE EDUCATIONAL AND OUTREACH PROGRAMS IMPLE-
MENTED BY MANUFACTURERS, THE DEPARTMENT MAY  CONDUCT  AN  EDUCATION  AND
OUTREACH  PROGRAM  DIRECTED  AT WHOLESALERS, RETAILERS, CONTRACTORS, AND
HOMEOWNERS TO PROMOTE THE  COLLECTION  OF  DISCARDED  MERCURY-CONTAINING
THERMOSTATS.
  (D) BY DECEMBER FIRST, TWO THOUSAND NINETEEN, AND ANNUALLY THEREAFTER,
THE  DEPARTMENT  SHALL  POST  A  REPORT  ON  ITS  WEBSITE  DETAILING THE
COLLECTION AND RECYCLING OF MERCURY-CONTAINING THERMOSTATS IN THE STATE.
SUCH REPORT SHALL INCLUDE AN EVALUATION  OF  THE  EFFECTIVENESS  OF  THE
THERMOSTAT  COLLECTION AND RECYCLING PROGRAMS, AND INFORMATION ON ACTUAL
COLLECTION RATES.
  (E) BY JANUARY FIFTEENTH, TWO THOUSAND NINETEEN, AND  ANNUALLY  THERE-
AFTER,  THE DEPARTMENT SHALL ESTIMATE THE NUMBER OF OUT-OF-SERVICE THER-
MOSTATS GENERATED IN NEW YORK ON AN ANNUAL BASIS. BEGINNING JUNE  FIRST,
TWO  THOUSAND  TWENTY,  SHOULD  COLLECTION EFFORTS FAIL TO RESULT IN THE
COLLECTION AND RECYCLING OF AT LEAST TWENTY-FIVE PERCENT OF THE  OUT-OF-
SERVICE  MERCURY-CONTAINING THERMOSTATS IN THE STATE, THE DEPARTMENT MAY
REQUIRE MODIFICATION  TO  MANUFACTURERS'  COLLECTION  PLANS  TO  IMPROVE
COLLECTION RATES INCLUDING A REQUIREMENT TO IMPLEMENT A FINANCIAL INCEN-
TIVE  IN  THE  FORM OF CASH OR COUPONS NOT LESS THAN FIVE DOLLARS OR NOT
GREATER THAN TEN DOLLARS THAT ARE REDEEMABLE BY CONTRACTORS AND/OR HOME-
OWNERS.    BEGINNING  JUNE  FIRST,  TWO  THOUSAND   TWENTY-TWO,   SHOULD
COLLECTION  EFFORTS FAIL TO RESULT IN THE COLLECTION AND RECYCLING OF AT
LEAST SIXTY-FIVE PERCENT OF THE OUT-OF-SERVICE MERCURY-CONTAINING  THER-
MOSTATS  IN  THE  STATE,  THE  DEPARTMENT  SHALL REQUIRE MODIFICATION TO
MANUFACTURERS' COLLECTION PLANS TO INCLUDE A FINANCIAL INCENTIVE IN  THE
FORM  OF  CASH OR COUPONS NOT LESS THAN FIVE DOLLARS OR GREATER THAN TEN
DOLLARS THAT ARE REDEEMABLE BY CONTRACTORS AND/OR HOMEOWNERS.  BEGINNING
JANUARY FIFTEENTH, TWO THOUSAND TWENTY-FIVE, THE  DEPARTMENT  MAY  ADOPT
REGULATIONS SETTING FORTH FUTURE COLLECTION GOALS.
  S 2. This act shall take effect immediately.