S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8936
 
                             I N  S E N A T E
 
                               April 1, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 and the state finance
   law, in relation to the proper  collection  and  disposal  of  mercury
   thermostats;  and  to  amend chapter 550 of the laws of 2013, amending
   the environmental conservation law relating to establishing the mercu-
   ry thermostat collection act, in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Title  29 of article 27 of the environmental conservation
 law, as added by chapter 550 of the laws of 2013, is amended to read  as
 follows:
                                  TITLE 29
                     MERCURY THERMOSTAT COLLECTION ACT
 § 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.  "PRODUCER  RESPONSIBILITY  ORGANIZATION"  MEANS  A  NOT-FOR-PROFIT
 ORGANIZATION ESTABLISHED BY A THERMOSTAT MANUFACTURER OR GROUP OF  THER-
 MOSTAT  MANUFACTURERS  TO IMPLEMENT AN OUT-OF-SERVICE MERCURY THERMOSTAT
 COLLECTION PROGRAM.
   3. "COLLECTION SITE" MEANS A LOCATION ACCEPTING MERCURY THERMOSTATS AS
 PART OF A MERCURY THERMOSTAT COLLECTION PROGRAM.
   4. "CONTRACTOR" MEANS A PERSON ENGAGED IN THE  BUSINESS  OF  INSTALLA-
 TION,  SERVICE  OR REMOVAL OF HEATING, VENTILATION, AND AIR-CONDITIONING
 COMPONENTS IN THIS STATE.
   [2.] 5. "Mercury thermostat" means a product or  device  that  uses  a
 mercury  switch  to  sense and control room temperature through communi-
 cation with heating,  ventilation,  or  air-conditioning  equipment  and
 includes thermostats used to sense and control room temperature in resi-
 dential, commercial, industrial and other buildings but does not include
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14915-02-4
 S. 8936                             2
 
 a thermostat used to sense and control temperature as part of a manufac-
 turing process.
   [3.] 6. "Out-of-service mercury thermostat" means a mercury thermostat
 that  is  removed,  replaced  or  otherwise taken out of service IN THIS
 STATE.
   [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.] 7. "Qualified local government [authorities] AUTHORITY" means  any
 municipal  corporation or planning unit as defined in section 27-0107 of
 this article, or county departments of health.
   8. "THERMOSTAT" MEANS A PRODUCT OR DEVICE  THAT  SENSES  AND  CONTROLS
 ROOM  TEMPERATURE  THROUGH  COMMUNICATION  WITH HEATING, VENTILATING, OR
 AIR-CONDITIONING EQUIPMENT. "THERMOSTAT" INCLUDES A THERMOSTAT  USED  TO
 SENSE  AND  CONTROL  ROOM TEMPERATURE IN RESIDENTIAL, COMMERCIAL, INDUS-
 TRIAL, AND OTHER BUILDINGS, BUT DOES NOT INCLUDE A  THERMOSTAT  USED  TO
 SENSE AND CONTROL TEMPERATURE AS PART OF A MANUFACTURING PROCESS.
   [6.]  9.  "Thermostat manufacturer" means a person who owns or owned a
 name brand of one or more mercury thermostats sold in the state.
   [7.] 10. "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
 catalogs.
   [8.] 11. "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.
 § 27-2903. [Mercury-containing] MERCURY  thermostat  collection  PROGRAM
              REQUIREMENTS.
   1.  [Each]  NO  LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE
 DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO  THOUSAND  TWENTY-FOUR  WHICH
 AMENDED THIS SECTION, EACH thermostat manufacturer [shall], EITHER indi-
 vidually  [or  collectively, with other thermostat manufacturers, estab-
 lish and maintain a] OR THROUGH A PRODUCER RESPONSIBILITY  ORGANIZATION,
 SHALL  SUBMIT TO THE DEPARTMENT FOR THE DEPARTMENT'S APPROVAL A PLAN FOR
 THE ESTABLISHMENT,  IMPLEMENTATION,  MAINTENANCE,  AND  PROMOTION  OF  A
 COLLECTION   program  for  the  collection,  transportation,  recycling,
 disposal and proper management of out-of-service mercury thermostats  in
 accordance with the provisions of SUBDIVISION SEVEN this section.
   2.  [Each] A THERMOSTAT MANUFACTURER OR PRODUCER RESPONSIBILITY ORGAN-
 IZATION  OPERATING  AN  EXISTING   OUT-OF-SERVICE   MERCURY   THERMOSTAT
 COLLECTION  PROGRAM IN THE STATE ON THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND TWENTY-FOUR WHICH AMENDED  THIS  SECTION  SHALL
 CONTINUE  TO  IMPLEMENT SUCH PROGRAM UNTIL A PROPOSED COLLECTION PROGRAM
 OUTLINED IN THE PLAN REQUIRED BY SUBDIVISION  ONE  OF  THIS  SECTION  IS
 APPROVED AND IMPLEMENTED.
   3.  THE DEPARTMENT SHALL APPROVE OR REJECT A PLAN SUBMITTED UNDER THIS
 SECTION WITHIN SIXTY DAYS OF SUBMISSION AND,  IF  REJECTED,  INFORM  THE
 MANUFACTURER OR GROUP OF MANUFACTURERS OR PRODUCER RESPONSIBILITY ORGAN-
 IZATION  IN  WRITING  AS  TO  ANY  DEFICIENCIES OF THE SUBMITTED PLAN. A
 REJECTED PLAN SHALL BE AMENDED AND RESUBMITTED FOR APPROVAL WITHIN SIXTY
 DAYS OF NOTIFICATION OF THE REJECTION OF THE SUBMITTED PLAN. THE DEPART-
 S. 8936                             3
 
 MENT SHALL APPROVE OR REJECT AN  AMENDED  PLAN  WITHIN  THIRTY  DAYS  OF
 RESUBMISSION.
   4.  NO LATER THAN THREE MONTHS AFTER THE PLAN IS APPROVED UNDER SUBDI-
 VISION THREE OF THIS  SECTION,  EACH  thermostat  manufacturer  [shall],
 EITHER individually [or collectively with other thermostat manufacturers
 through  a  collection  program,  do  the following:] OR THROUGH PARTIC-
 IPATION IN A PRODUCER RESPONSIBILITY ORGANIZATION,  SHALL  IMPLEMENT  AN
 OUT-OF-SERVICE MERCURY THERMOSTAT COLLECTION PROGRAM.
   5.  THE OUT-OF-SERVICE MERCURY THERMOSTAT COLLECTION PROGRAM SHALL NOT
 INCLUDE ANY FEES OR OTHER CHARGES TO CONSUMERS, CONTRACTORS  OR  PERSONS
 USING  THE  COLLECTION  PROGRAM. EACH THERMOSTAT WHOLESALER, CONTRACTOR,
 QUALIFIED LOCAL GOVERNMENT AUTHORITY, OR  THERMOSTAT  RETAILER  THAT  IS
 PROVIDED  WITH  ONE  OR MORE COLLECTION CONTAINERS MAY ONLY BE CHARGED A
 FEE NOT TO EXCEED TWENTY-SIX DOLLARS TO REPLACE ANY COLLECTION CONTAINER
 THAT IS MISPLACED, STOLEN OR OTHERWISE LOST.
   6. THE OUT-OF-SERVICE  MERCURY  THERMOSTAT  COLLECTION  PROGRAM  SHALL
 PROVIDE FOR AN INCENTIVE TO A CONTRACTOR OR NEW YORK STATE REAL PROPERTY
 OWNER  OF NO LESS THAN TWENTY DOLLARS PER OUT-OF-SERVICE MERCURY THERMO-
 STAT COLLECTED IN THIS STATE, AND EDUCATE CONTRACTORS AND NEW YORK STATE
 REAL PROPERTY OWNERS ON THE AVAILABILITY OF THE INCENTIVE. A  COLLECTION
 INCENTIVE SHALL BE AVAILABLE ONLY TO A CONTRACTOR OR TO A NEW YORK STATE
 REAL  PROPERTY  OWNER  THAT  ATTESTS, UNDER PENALTY OF PERJURY, THAT THE
 RETURNED OUT-OF-SERVICE MERCURY THERMOSTAT WAS REMOVED FROM  A  BUILDING
 OR  FACILITY  IN THE STATE OF NEW YORK. SUCH INCENTIVE SHALL BE PROVIDED
 BY A THERMOSTAT MANUFACTURER OR  PRODUCER  RESPONSIBILITY  ORGANIZATION.
 SUCH INCENTIVE SHALL BE THE FINANCIAL RESPONSIBILITY OF THE MANUFACTURER
 OR PRODUCER RESPONSIBILITY ORGANIZATION, AS APPROPRIATE.
   7.  EACH  THERMOSTAT MANUFACTURER OR PRODUCER RESPONSIBILITY ORGANIZA-
 TION SHALL SUBMIT A  PLAN  FOR  THE  OUT-OF-SERVICE  MERCURY  THERMOSTAT
 COLLECTION  PROGRAM REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION, THAT
 SHALL, AT A MINIMUM:
   (a) [On and after  July  first,  two  thousand  fourteen,  compile  a]
 INCLUDE  A  list  of thermostat wholesalers in the state and [offer each
 thermostat wholesaler containers] PROVIDE A DETAILED DESCRIPTION OF  HOW
 THE  MANUFACTURER  OR  PRODUCER  RESPONSIBILITY  ORGANIZATION  WILL MAKE
 COLLECTION CONTAINERS for the collection of out-of-service mercury ther-
 mostats AVAILABLE TO EACH THERMOSTAT WHOLESALER LOCATION.
   (b) [On and after  July  first,  two  thousand  fourteen,]  INCLUDE  A
 DETAILED  DESCRIPTION OF HOW THE MANUFACTURER OR PRODUCER RESPONSIBILITY
 ORGANIZATION WILL make collection containers available  to  all  [quali-
 fied]  contractors,  [thermostat  wholeslers,] thermostat retailers, and
 qualified local government authorities that request  a  container.  Each
 thermostat  manufacturer  OR  PRODUCER RESPONSIBILITY ORGANIZATION shall
 with each container include information regarding the proper  management
 of out-of-service mercury thermostats.
   (c)  [Establish  a]  INCLUDE  A  DETAILED  DESCRIPTION OF THE PROPOSED
 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.] PROVIDE DETAILS ON THE
 PROCESS TO SUBMIT AND  RECEIVE  THE  OUT-OF-SERVICE  MERCURY  THERMOSTAT
 COLLECTION INCENTIVE AS REQUIRED BY SUBDIVISION SIX OF THIS SECTION.
 S. 8936                             4
 
   (e)  [Beginning  July  first,  two thousand fourteen, conduct] PROVIDE
 DETAILS ON HOW THE COLLECTION PROGRAM WILL COMPLY WITH THE OUTREACH  AND
 EDUCATION REQUIREMENTS OF SUBDIVISION EIGHT OF THIS SECTION.
   (F) PROVIDE DETAILS ON HOW THE COLLECTION PROGRAM WILL COMPLY WITH THE
 CONVENIENCE REQUIREMENTS OF SUBDIVISION NINE OF THIS SECTION.
   (G)  PROVIDE  FISCAL  ACCOUNTING  DETAILS ON HOW THE INCENTIVE WILL BE
 PROVIDED AS REQUIRED BY SUBDIVISION SIX OF THIS SECTION.
   (H) PROVIDE ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
   8. EACH THERMOSTAT MANUFACTURER OR PRODUCER  RESPONSIBILITY  ORGANIZA-
 TION  SHALL  IMPLEMENT  AN  OUT-OF-SERVICE MERCURY THERMOSTAT COLLECTION
 PROGRAM THAT PROVIDES FOR CONTINUOUS 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
 S. 8936                             5

 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.
   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.] (A) THE DEVELOPMENT, IMPLEMENTATION, AND UPDATING AS NECESSARY, OF
 A STATEWIDE EDUCATIONAL AND  OUTREACH  CAMPAIGN  TO  INFORM  APPROPRIATE
 ENTITIES  ABOUT THE IMPORTANCE OF SAFE RECYCLING AND DISPOSAL OF OUT-OF-
 SERVICE MERCURY THERMOSTATS, WHERE TO FIND OUT-OF-SERVICE MERCURY  THER-
 MOSTAT COLLECTION SITES, AND HOW TO SUBMIT FOR AND RECEIVE THE AVAILABLE
 OUT-OF-SERVICE MERCURY THERMOSTAT COLLECTION INCENTIVE.
   (B)  THE  DEVELOPMENT,  AND  UPDATING AS NECESSARY, OF EDUCATIONAL AND
 OTHER OUTREACH MATERIALS FOR  DISTRIBUTION  TO  CONTRACTORS,  CONTRACTOR
 ASSOCIATIONS  AND  CONSUMERS. THESE MATERIALS SHALL BE MADE AVAILABLE BY
 EACH THERMOSTAT MANUFACTURER OR PRODUCER RESPONSIBILITY ORGANIZATION 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:
   (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 AND THE AVAILABLE  OUT-OF-SERVICE  MERCURY  THERMOSTAT  COLLECTION
 INCENTIVE TO CONTRACTORS AND NEW YORK STATE REAL PROPERTY OWNERS;
   (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,  OPPORTU-
 NITIES  FOR  THE  COLLECTION  OF OUT-OF-SERVICE MERCURY THERMOSTATS, AND
 INFORMATION  ON  THE   AVAILABLE   OUT-OF-SERVICE   MERCURY   THERMOSTAT
 COLLECTION INCENTIVE;
   (III)  ADVERTISING  OR  OTHER  PROMOTIONAL  MATERIALS,  OR  BOTH, THAT
 INCLUDE  REFERENCES  TO  OUT-OF-SERVICE  MERCURY  THERMOSTAT  COLLECTION
 S. 8936                             6
 
 OPPORTUNITIES   AND  THE  AVAILABLE  OUT-OF-SERVICE  MERCURY  THERMOSTAT
 COLLECTION INCENTIVE; AND
   (IV)  A PUBLIC SERVICE ANNOUNCEMENT PROMOTING THE PROPER MANAGEMENT OF
 OUT-OF-SERVICE MERCURY THERMOSTATS, AND A  PLAN  FOR  A  PUBLIC  SERVICE
 CAMPAIGN  USING  THE PUBLIC SERVICE ANNOUNCEMENT THAT INCLUDES THE MEDIA
 AND MARKETS INTO WHICH THE PUBLIC SERVICE ANNOUNCEMENT IS TO BE DISTRIB-
 UTED AND AIRED ON BEHALF OF THE PROGRAM. COPIES OF  THE  PUBLIC  SERVICE
 ANNOUNCEMENT  SHALL  BE  PROVIDED  TO  THE  DEPARTMENT  FOR  ITS USE AND
 PROMOTION.
   (C) ESTABLISHING AND MAINTAINING A  PUBLIC  WEBSITE  FOR  THE  DISSEM-
 INATION  OF  EDUCATIONAL  MATERIALS TO PROMOTE THE COLLECTION OF OUT-OF-
 SERVICE MERCURY THERMOSTATS. THE LINK TO THIS WEBSITE SHALL BE  PROVIDED
 TO THE DEPARTMENT. SUCH WEBSITE SHALL INCLUDE:
   (I)  TEMPLATES OF THE EDUCATIONAL MATERIALS ON THE INTERNET WEBSITE IN
 A FORM AND FORMAT THAT CAN BE EASILY DOWNLOADED AND PRINTED;
   (II) LOCATION INFORMATION, BY COUNTY, OF ALL  ESTABLISHED  OUT-OF-SER-
 VICE MERCURY THERMOSTAT COLLECTION SITES IN THE STATE. LOCATION INFORMA-
 TION  SHALL BE POSTED AND UPDATED IN A MANNER THAT ALLOWS MEMBERS OF THE
 PUBLIC TO EASILY IDENTIFY THE MOST CONVENIENT COLLECTION SITE  FOR  OUT-
 OF-SERVICE MERCURY THERMOSTATS; AND
   (III) INFORMATION ABOUT OBTAINING THE AVAILABLE OUT-OF-SERVICE MERCURY
 THERMOSTAT COLLECTION INCENTIVE.
   (D)  CREATING AND MAINTAINING A WEB-BASED PROGRAM THAT ALLOWS CONTRAC-
 TORS 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.
   (E) AN ANNUAL VISIT TO EACH THERMOSTAT WHOLESALER, THERMOSTAT  RETAIL-
 ER,  AND QUALIFIED LOCAL GOVERNMENT AUTHORITY PROVIDED WITH AT LEAST ONE
 COLLECTION CONTAINER 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.
   (F) DEVELOPING STRATEGIES TO WORK WITH ALL OF THE FOLLOWING TO ENCOUR-
 AGE THEIR PARTICIPATION IN THE COLLECTION AND PROPER MANAGEMENT OF  OUT-
 OF-SERVICE MERCURY THERMOSTATS:
   (I)  STATE  UTILITIES PARTICIPATING IN PROGRAMS INVOLVING THE REPLACE-
 MENT OF THERMOSTATS. THESE STRATEGIES MAY INCLUDE THE  INCLUSION  OF  AN
 EDUCATIONAL INSERT IN THEIR CUSTOMERS' UTILITY BILLS.
   (II) WHOLESALERS OF THERMOSTATS IN THE STATE.
   (III)  RETAILERS  AND  OTHER OUTLETS THAT SELL THERMOSTATS DIRECTLY TO
 CONSUMERS IN THE STATE.
   (IV) HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES TO  PARTNER  WITH
 LOCAL TAKE-BACK CENTERS, INCLUDING RETAILERS AND WHOLESALERS, TO FACILI-
 TATE CONVENIENT OUT-OF-SERVICE MERCURY THERMOSTAT COLLECTION OPTIONS FOR
 COMMUNITY MEMBERS.
   9.  A THERMOSTAT MANUFACTURER OR ITS PRODUCER RESPONSIBILITY ORGANIZA-
 TION SHALL ESTABLISH A COLLECTION PROGRAM UNDER THIS SECTION WITH SUFFI-
 CIENTLY CONVENIENT COLLECTION SITES AND METHODS  IN  ALL  PARTS  OF  THE
 STATE,  INCLUDING  WITHIN RURAL COMMUNITIES, TO ENCOURAGE THE COLLECTION
 OF OUT-OF-SERVICE MERCURY THERMOSTATS. FOR PURPOSES OF THIS SUBDIVISION,
 "SUFFICIENTLY CONVENIENT" MEANS BOTH OF THE FOLLOWING  REQUIREMENTS  ARE
 MET:
   (A)  FOR AT LEAST NINETY PERCENT OF STATE RESIDENTS, A COLLECTION SITE
 IS LOCATED WITHIN FIFTEEN MILES OF THEIR RESIDENCE; AND
   (B) AT LEAST ONE COLLECTION SITE IN EACH COUNTY OF THE  STATE  AND  IN
 EACH MUNICIPALITY WITH A POPULATION OF TEN THOUSAND OR GREATER.
 S. 8936                             7
 
   10.  No later than April first, two thousand [fifteen] TWENTY-SIX, 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  THERMOSTAT
 manufacturer's [or program operator's] OR PRODUCER RESPONSIBILITY ORGAN-
 IZATION'S  respective  internet website. The annual report shall include
 the following:
   (a) the number of out-of-service  mercury  thermostats  collected  and
 managed under this section during the previous calendar year;
   (b) the estimated total amount of mercury contained in the out-of-ser-
 vice  mercury thermostats collected under this section during the previ-
 ous calendar year;
   (c) THE NUMBER OF INCENTIVES SUBMITTED BY  CONTRACTORS  AND  NEW  YORK
 STATE  REAL  PROPERTY  OWNERS  AND THE TOTAL DOLLAR AMOUNT OF INCENTIVES
 PAID TO CONTRACTORS AND NEW YORK STATE REAL PROPERTY OWNERS;
   (D) a list of all thermostat wholesalers, contractors, qualified local
 government authorities, and thermostat retailers  participating  in  the
 COLLECTION program as mercury thermostat collection sites and the number
 of out-of-service mercury thermostats returned by each;
   [(d)]  (E)  an  accounting  of the COLLECTION program's administrative
 costs;
   [(e)] (F) a description of outreach strategies  employed  under  para-
 graph [(e)] (F) of subdivision [two] EIGHT of this section;
   [(f)]  (G)  examples  of outreach and educational materials used under
 paragraph [(e)] (B) of subdivision [two] EIGHT of this section;
   [(g)] (H) the internet website address [of addresses] where the annual
 report may be viewed online;
   [(h)] (I) a description of how the out-of-service mercury  thermostats
 were managed;
   [(i)]  (J)  any  modifications  that  the  thermostat  manufacturer OR
 PRODUCER  RESPONSIBILITY  ORGANIZATION  is  planning  to  make  in   its
 collection program; [and
   (j)]  (K)  the  identification of a collection program contact and the
 business phone number, mailing  address,  and  e-mail  address  for  the
 contact[.
   6.]; AND
   (L) ANY ADDITIONAL INFORMATION THE DEPARTMENT REQUESTS.
   11.  BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-SIX, AND NO LATER THAN
 APRIL FIRST OF  EACH  YEAR  THEREAFTER,  EACH  THERMOSTAT  MANUFACTURER,
 EITHER INDIVIDUALLY OR COLLECTIVELY WITH OTHER THERMOSTAT MANUFACTURERS,
 OR  THROUGH  A PRODUCER RESPONSIBILITY ORGANIZATION, SHALL REIMBURSE THE
 DEPARTMENT FOR THE DEPARTMENT'S ACTUAL  COSTS  FOR  THE  ADMINISTRATION,
 IMPLEMENTATION  AND  ENFORCEMENT ASSOCIATED WITH THIS TITLE.  ALL MONIES
 RECEIVED BY THE DEPARTMENT PURSUANT TO THIS PARAGRAPH SHALL BE DEPOSITED
 TO THE CREDIT OF THE MERCURY  THERMOSTAT  STEWARDSHIP  FUND  ESTABLISHED
 PURSUANT TO SECTION NINETY-TWO-KK OF THE STATE FINANCE LAW.
   12.  All  [contractors, thermostat wholesalers, thermostat manufactur-
 ers, and thermostat retailers] PERSONS participating in  the  COLLECTION
 program  shall  handle and manage the out-of-service mercury thermostats
 in a manner that is consistent with the requirements for  the  HANDLING,
 MANAGEMENT, TRANSPORTATION AND 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. 8936                             8

 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.]
 § 27-2905. Thermostat wholesaler and retailer requirements.
   1. UPON IMPLEMENTATION OF THE COLLECTION PROGRAM PLAN SUBMITTED PURSU-
 ANT  TO  SECTION  27-2903  OF THIS TITLE, NO THERMOSTAT WHOLESALER SHALL
 SELL, OFFER TO SELL, DISTRIBUTE, OR OFFER TO DISTRIBUTE  THERMOSTATS  IN
 THIS  STATE  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.
   2. No thermostat wholesaler or thermostat retailer shall  sell,  offer
 for  sale  or  distribute  IN  THIS  STATE any thermostat for final sale
 unless the THERMOSTAT manufacturer [of such thermostat]  is  listed  [on
 the department's website,] AS PARTICIPATING UNDER AN APPROVED COLLECTION
 PROGRAM PLAN in accordance with the provisions of this title.
   3.  NO  THERMOSTAT WHOLESALER OR THERMOSTAT RETAILER SHALL SELL, OFFER
 FOR SALE OR DISTRIBUTE IN THIS  STATE  ANY  THERMOSTAT  FOR  FINAL  SALE
 UNLESS THE THERMOSTAT WHOLESALER OR THERMOSTAT RETAILER MAKES USE OF THE
 EDUCATIONAL   AND  OUTREACH  MATERIALS  IT  HAS  BEEN  PROVIDED  BY  THE
 COLLECTION PROGRAM AS OUTLINED IN PARAGRAPH (B) OF SUBDIVISION EIGHT  OF
 SECTION 27-2903 OF THIS TITLE.
 § 27-2907. CONTRACTOR REQUIREMENTS.
   1.  ANY  PERSON  OR  CONTRACTOR WHO REPLACES A MERCURY THERMOSTAT IN A
 BUILDING IN THIS STATE SHALL ENSURE THE PROPER  MANAGEMENT,  TRANSPORTA-
 TION  AND  DELIVERY  OF  SUCH MERCURY THERMOSTAT TO A COLLECTION SITE IN
 ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
   2. ANY PERSON OR CONTRACTOR WHO DEMOLISHES A BUILDING  IN  THIS  STATE
 SHALL  ENSURE THAT ALL MERCURY THERMOSTATS ARE REMOVED FROM THE BUILDING
 PRIOR TO DEMOLITION AND SHALL ENSURE THE PROPER MANAGEMENT,  TRANSPORTA-
 TION  AND  DELIVERY  OF SUCH MERCURY THERMOSTATS TO A COLLECTION SITE IN
 ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
   3. 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 PROPER COLLECTION, MANAGEMENT, TRANSPORTATION, AND DELIVERY OF  OUT-
 OF-SERVICE  MERCURY  THERMOSTATS TO A COLLECTION SITE IN ACCORDANCE WITH
 THE PROVISIONS OF THIS TITLE.
 § 27-2909. Department responsibilities.
   1. [No later than June first, two thousand fifteen,] UPON  IMPLEMENTA-
 TION  OF A COLLECTION PROGRAM PLAN SUBMITTED PURSUANT TO SUBDIVISION ONE
 OF SECTION 27-2903 OF THIS TITLE, 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; AND
 S. 8936                             9

   (C)  A  LINK  TO  THE INTERNET WEBSITE FOR A COLLECTION PROGRAM ESTAB-
 LISHED PURSUANT TO THE APPROVED PLAN AS REQUIRED BY SECTION  27-2903  OF
 THIS TITLE.
   2. No later than November first, two thousand [eighteen] TWENTY-EIGHT,
 AND  EVERY  FIVE YEARS THEREAFTER, 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]. THE REPORT DUE NOVEMBER FIRST,
 TWO THOUSAND FORTY-THREE, SHALL INCLUDE an estimate  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.
 § [27-2909.] 27-2911. Disposal prohibition.
   1. No transporter shall knowingly  commingle  [mercury-added]  MERCURY
 thermostats with solid waste or recyclable materials.
   2.  No  transporter  shall  knowingly  deliver [mercury-added] MERCURY
 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] MERCURY thermostats for disposal.
   4. No operator of a transfer station shall knowingly commingle [mercu-
 ry-added] MERCURY thermostats with other solid waste or cause such mate-
 rials 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]  MERCURY
 thermostats are not accepted at the facility.
 § 27-2913. ENFORCEMENT AND PENALTIES.
   1.  NOTWITHSTANDING THE PROVISIONS OF SECTION 71-2724 OF THIS CHAPTER,
 AND EXCEPT AS  OTHERWISE  PROVIDED  IN  THIS  SECTION,  ANY  PERSON  WHO
 VIOLATES  ANY  OF  THE  PROVISIONS  OF, OR WHO FAILS TO PERFORM ANY DUTY
 IMPOSED BY THIS TITLE OR ANY RULE  OR  REGULATION  PROMULGATED  PURSUANT
 THERETO,  OR  ANY  TERM OR CONDITION OF ANY CERTIFICATE OR PERMIT ISSUED
 PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION-
 ER MADE PURSUANT TO THIS TITLE SHALL BE LIABLE FOR A CIVIL  PENALTY  NOT
 TO EXCEED FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION AND AN ADDITIONAL
 PENALTY  OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH
 SUCH VIOLATION CONTINUES.
   2. NOTWITHSTANDING THE PROVISIONS OF SECTION 71-2724 OF THIS  CHAPTER,
 ANY  PERSON, CONTRACTOR, ORGANIZATION OR SUBCONTRACTOR OF SUCH ORGANIZA-
 TION, WHO VIOLATES ANY PROVISION  OF,  OR  FAILS  TO  PERFORM  ANY  DUTY
 IMPOSED  BY SUBDIVISIONS TWO AND THREE OF SECTION 27-2907 OF THIS TITLE,
 OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, SHALL BE  LIABLE
 FOR  A  CIVIL  PENALTY  NOT  TO  EXCEED  THREE THOUSAND DOLLARS FOR EACH
 VIOLATION AND AN ADDITIONAL  PENALTY  OF  NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
   3.  NOTWITHSTANDING THE PROVISIONS OF SECTION 71-2724 OF THIS CHAPTER,
 ANY CONTRACTOR,  THERMOSTAT  WHOLESALER,  OR  THERMOSTAT  RETAILER,  WHO
 S. 8936                            10
 
 VIOLATES  ANY PROVISION OF, OR FAILS TO PERFORM ANY DUTY IMPOSED BY THIS
 TITLE, OTHER THAN SUBDIVISIONS TWO AND THREE OF SECTION 27-2907 OF  THIS
 TITLE,  OR  ANY  RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY
 TERM  OR CONDITION OF ANY CERTIFICATE OR PERMIT ISSUED PURSUANT THERETO,
 OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO
 THIS TITLE, SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE  THOU-
 SAND  FIVE  HUNDRED DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL PENALTY
 OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH  DAY  DURING  WHICH  SUCH
 VIOLATION CONTINUES.
   4.  (A)  ANY THERMOSTAT MANUFACTURER OR PRODUCER RESPONSIBILITY ORGAN-
 IZATION, AS DEFINED IN THIS TITLE, WHO FAILS TO SUBMIT ANY PLAN, REPORT,
 OR FEE TO THE DEPARTMENT AS REQUIRED BY THIS TITLE, SHALL BE LIABLE  FOR
 A  CIVIL  PENALTY  NOT  TO EXCEED ONE THOUSAND DOLLARS FOR EACH DAY SUCH
 PLAN, REPORT, OR FEE IS NOT SUBMITTED.
   (B) NOTWITHSTANDING THE PROVISIONS OF SECTION 71-2724 OF THIS CHAPTER,
 ANY THERMOSTAT MANUFACTURER OR PRODUCER RESPONSIBILITY ORGANIZATION,  AS
 DEFINED  IN THIS TITLE, WHO VIOLATES ANY OTHER PROVISION OF, OR FAILS TO
 PERFORM ANY DUTY IMPOSED BY THIS TITLE OR ANY RULE OR REGULATION PROMUL-
 GATED PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY  CERTIFICATE  OR
 PERMIT  ISSUED  PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF
 THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE LIABLE FOR A CIVIL
 PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS  FOR  THE  FIRST
 VIOLATION, FIVE THOUSAND DOLLARS FOR THE SECOND VIOLATION, AND TEN THOU-
 SAND DOLLARS FOR THE THIRD AND SUBSEQUENT VIOLATIONS OF THIS TITLE WITH-
 IN A TWELVE-MONTH PERIOD.
   5.  NOTWITHSTANDING THE PROVISIONS OF SECTION 71-2724 OF THIS CHAPTER,
 AND IN ADDITION TO ANY OTHER PENALTIES PROVIDED  IN  THIS  SECTION,  ANY
 PERSON  WHO  VIOLATES  ANY OF THE PROVISIONS OF, OR WHO FAILS TO PERFORM
 ANY DUTY IMPOSED BY, TITLES  THREE,  SEVEN,  OR  NINE  OF  THIS  ARTICLE
 RELATED TO THE HANDLING, MANAGEMENT, STORAGE, TRANSPORTATION OR DISPOSAL
 OF SOLID AND HAZARDOUS WASTE, OR ANY OTHER PROVISION OF THIS CHAPTER, OR
 ANY  RULE  OR  REGULATION  PROMULGATED  PURSUANT THERETO, OR ANY TERM OR
 CONDITION OF ANY CERTIFICATE OR PERMIT ISSUED PURSUANT THERETO,  OR  ANY
 FINAL  DETERMINATION  OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS
 TITLE SHALL BE SUBJECT TO THE APPLICABLE PENALTIES IN  ARTICLE  SEVENTY-
 ONE  OF  THIS  CHAPTER,  INCLUDING  SECTIONS 71-2703 AND 71-2705 OF THIS
 CHAPTER, AS APPLICABLE.
   6. PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE  COMMISSIONER
 AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF
 SECTION  71-1709  OF  THIS  CHAPTER,  OR  BY  THE COURT IN ANY ACTION OR
 PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND, IN ADDITION
 THERETO, SUCH PERSON MAY BY SIMILAR PROCESS BE ENJOINED FROM  CONTINUING
 SUCH  VIOLATION  AND ANY PERMIT OR CERTIFICATE ISSUED TO SUCH PERSON MAY
 BE REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION DENIED.
   7. ALL CIVIL PENALTIES AND FINES COLLECTED FOR ANY VIOLATION  OF  THIS
 TITLE  SHALL  BE DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION
 FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE  STATE  FINANCE
 LAW.
   § 2. The state finance law is amended by adding a new section 92-kk to
 read as follows:
   §  92-KK.  MERCURY  THERMOSTAT  STEWARDSHIP  FUND.  1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
 COMMISSIONER  OF  THE DEPARTMENT OF TAXATION AND FINANCE, A SPECIAL FUND
 TO BE KNOWN AS THE "MERCURY THERMOSTAT STEWARDSHIP FUND".
   2. THE MERCURY THERMOSTAT STEWARDSHIP FUND SHALL CONSIST OF ALL REVEN-
 UE COLLECTED FROM FEES PURSUANT TO TITLE TWENTY-NINE OF ARTICLE  TWENTY-
 S. 8936                            11
 
 SEVEN  OF  THE ENVIRONMENTAL CONSERVATION LAW AND ANY COST RECOVERIES OR
 OTHER REVENUES COLLECTED PURSUANT TO TITLE TWENTY-NINE OF ARTICLE  TWEN-
 TY-SEVEN  OF  THE  ENVIRONMENTAL  CONSERVATION LAW, AND ANY OTHER MONIES
 DEPOSITED INTO THE FUND PURSUANT TO LAW.
   3.  MONEYS  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE USED FOR EXECUTION OF THE PROGRAM PURSUANT TO TITLE TWENTY-NINE
 OF ARTICLE TWENTY-SEVEN  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW,  AND
 EXPENDED  FOR  THE PURPOSES AS SET FORTH IN TITLE TWENTY-NINE OF ARTICLE
 TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 3. Any department, authority, instrumentality, or  municipal  corpo-
 ration of the state administering a program that involves the removal or
 replacement of mercury thermostats as a result of any statutory require-
 ment, shall inform contractors of their statutory obligations to deliver
 the  mercury  thermostats  to  a  collection  site  and  prohibiting the
 disposal of such thermostats in a solid-waste facility.
   § 4. Section 4 of chapter 550 of the laws of 2013, amending the  envi-
 ronmental  conservation law relating to establishing the mercury thermo-
 stat collection act, as amended by chapter 349 of the laws of  2023,  is
 amended to read as follows:
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, [2025] 2048.
   § 5. This act shall take effect immediately;  provided,  however,  the
 amendments  to  title 29 of article 27 of the environmental conservation
 law made by section one of this act shall not affect the  expiration  of
 such title and shall be deemed repealed therewith.