Bill Text: NY A01048 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the collection of mercury-containing thermostats.
Spectrum: Partisan Bill (Democrat 30-0)
Status: (Engrossed - Dead) 2014-02-26 - enacting clause stricken [A01048 Detail]
Download: New_York-2013-A01048-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1048 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. SWEENEY, WEISENBERG, DINOWITZ, JAFFEE, CASTRO, COLTON, SCHIMEL, KAVANAGH, TITUS, STEVENSON, ROBERTS, ABINANTI -- Multi-Sponsored by -- M. of A. COOK, CRESPO, GABRYSZAK, GALEF, GLICK, GOTTFRIED, HOOPER, MARKEY, PEOPLES-STOKES, THIELE -- read once and referred 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: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 27-2119 to read as follows: 3 S 27-2119. PHASE-OUT OF MERCURY-CONTAINING THERMOSTATS. 4 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION: 5 (A) "MANUFACTURER" MEANS THE ENTITY THAT OWNS A NAME BRAND OF MERCU- 6 RY-CONTAINING THERMOSTATS. 7 (B) "MERCURY-CONTAINING THERMOSTAT" MEANS A PRODUCT OR DEVICE THAT 8 USES A MERCURY SWITCH TO SENSE AND CONTROL ROOM TEMPERATURE THROUGH 9 COMMUNICATION WITH HEATING, VENTILATING, OR AIR-CONDITIONING EQUIPMENT. 10 "MERCURY-CONTAINING THERMOSTAT" INCLUDES THERMOSTATS USED TO SENSE AND 11 CONTROL ROOM TEMPERATURE IN RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND 12 OTHER BUILDINGS BUT DOES NOT INCLUDE A THERMOSTAT USED TO SENSE AND 13 CONTROL TEMPERATURE AS PART OF A MANUFACTURING PROCESS. 14 (C) "THERMOSTAT RETAILER" MEANS ANY INDIVIDUAL, CORPORATION, PARTNER- 15 SHIP, COOPERATIVE, ASSOCIATION, FIRM, OR OTHER ENTITY THAT SELLS THERMO- 16 STATS OF ANY KIND DIRECTLY TO HOMEOWNERS OR OTHER NONPROFESSIONALS 17 THROUGH ANY SELLING OR DISTRIBUTION MECHANISM, INCLUDING BUT NOT LIMITED 18 TO SALES USING THE INTERNET OR CATALOGUES. A RETAILER MAY ALSO BE A 19 WHOLESALER IF IT MEETS THE DEFINITION OF A WHOLESALER. 20 (D) "THERMOSTAT WHOLESALER" MEANS ANY INDIVIDUAL, CORPORATION, PART- 21 NERSHIP, COOPERATIVE, ASSOCIATION, FIRM, OR OTHER ENTITY THAT IS ENGAGED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03384-02-3 A. 1048 2 1 PRIMARILY IN THE DISTRIBUTION AND WHOLESALE OF HEATING, VENTILATION, AND 2 AIR-CONDITIONING COMPONENTS TO CONTRACTORS WHO INSTALL HEATING, VENTI- 3 LATION, AND AIR-CONDITIONING COMPONENTS. 4 2. MANUFACTURER RESPONSIBILITIES. (A) EACH MERCURY-CONTAINING THERMO- 5 STAT MANUFACTURER THAT HAS OFFERED FOR FINAL SALE, SOLD AT FINAL SALE, 6 OR HAS DISTRIBUTED MERCURY-CONTAINING THERMOSTATS IN NEW YORK SHALL, 7 INDIVIDUALLY OR COLLECTIVELY, AND NOT LATER THAN JUNE FIRST, TWO THOU- 8 SAND FOURTEEN, SUBMIT A PLAN TO THE DEPARTMENT FOR APPROVAL THAT 9 DESCRIBES A COLLECTION PROGRAM FOR OUT-OF-SERVICE MERCURY-CONTAINING 10 THERMOSTATS FROM CONTRACTORS, SERVICE TECHNICIANS AND HOMEOWNERS. THE 11 COLLECTION PROGRAM SHALL NOT INVOLVE ANY DIRECT COST TO CONTRACTORS, 12 SERVICE TECHNICIANS OR HOMEOWNERS FOR PARTICIPATING IN THE PROGRAM. THE 13 COLLECTION PROGRAM MAY INCLUDE A FINANCIAL INCENTIVE FOR THE RETURN OF 14 EACH MERCURY-CONTAINING THERMOSTAT IN THE FORM OF CASH OR COUPONS THAT 15 ARE REDEEMABLE BY CONTRACTORS AND/OR HOMEOWNERS. 16 THE COLLECTION PROGRAM SHALL AT A MINIMUM INCLUDE: 17 (I) AN EDUCATION AND OUTREACH PROGRAM DIRECTED TOWARD WHOLESALERS, 18 RETAILERS, CONTRACTORS AND HOMEOWNERS. SUCH PROGRAM SHALL BE CONDUCTED 19 AT NO COST TO SUCH ENTITIES. 20 (II) THE DISTRIBUTION OF CONTAINERS FOR MERCURY-CONTAINING THERMOSTAT 21 COLLECTION. COLLECTION METHODS MAY INCLUDE, BUT ARE NOT LIMITED TO, 22 INDIVIDUAL PRODUCT MAIL RETURN AND/OR MULTIPLE COLLECTION CONTAINERS AND 23 COLLECTION SITES LOCATED AT THERMOSTAT RETAILERS, THERMOSTAT WHOLE- 24 SALERS, MUNICIPALITIES FOR COLLECTION AT HOUSEHOLD HAZARDOUS WASTE 25 COLLECTION FACILITIES OR HOUSEHOLD HAZARDOUS WASTE EVENTS. 26 (III) MEASURES TO PROTECT AGAINST THE FRAUDULENT RETURN OF 27 MERCURY-CONTAINING THERMOSTATS. 28 (IV) CRITERIA TO ENCOURAGE THE PURCHASE OF MERCURY-FREE PROGRAMMABLE 29 THERMOSTATS QUALIFIED BY THE ENERGY STAR PROGRAM AS REPLACEMENTS FOR 30 MERCURY-CONTAINING THERMOSTATS. 31 (V) CRITERIA TO ENSURE THAT THE CAPTURE RATE OF OUT-OF-SERVICE MERCURY 32 THERMOSTATS IS MAXIMIZED AND THE ESTABLISHMENT OF A COLLECTION GOAL. 33 (B) NOT LATER THAN DECEMBER FIRST, TWO THOUSAND FOURTEEN, MANUFACTUR- 34 ERS OF MERCURY-CONTAINING THERMOSTATS SHALL IMPLEMENT THE COLLECTION 35 PROGRAM OUTLINED IN THEIR PLAN. 36 (C) BEGINNING JUNE FIRST, TWO THOUSAND FIFTEEN, AND ANNUALLY THEREAFT- 37 ER, EACH MANUFACTURER OF MERCURY-CONTAINING THERMOSTATS SHALL SUBMIT A 38 REPORT TO THE DEPARTMENT THAT INCLUDES, AT A MINIMUM, THE FOLLOWING 39 INFORMATION: 40 (I) THE NUMBER OF MERCURY-CONTAINING THERMOSTATS COLLECTED AND RECY- 41 CLED BY THE MANUFACTURER DURING THE PREVIOUS CALENDAR YEAR. 42 (II) THE ESTIMATED TOTAL AMOUNT OF MERCURY CONTAINED IN THE THERMOSTAT 43 COMPONENTS COLLECTED BY THAT MANUFACTURER IN THE PREVIOUS CALENDAR YEAR. 44 (III) AN EVALUATION OF THE EFFECTIVENESS OF THE MANUFACTURER'S 45 COLLECTION PROGRAM AND ANY FINANCIAL INCENTIVES. 46 (IV) AN ACCOUNTING OF THE ADMINISTRATIVE COSTS INCURRED IN THE COURSE 47 OF ADMINISTERING THE COLLECTION AND RECYCLING PROGRAM AND ANY FINANCIAL 48 INCENTIVE PLAN. 49 3. DEPARTMENT RESPONSIBILITIES. (A) WITHIN NINETY DAYS OF RECEIPT OF A 50 COMPLETE MANUFACTURER PLAN REQUIRED BY SUBDIVISION TWO OF THIS SECTION, 51 THE DEPARTMENT SHALL REVIEW AND MAY GRANT, DENY OR APPROVE WITH MODIFI- 52 CATIONS. THE DEPARTMENT SHALL NOT APPROVE A PLAN UNLESS ALL ELEMENTS OF 53 SUBDIVISION TWO OF THIS SECTION ARE ADEQUATELY ADDRESSED. IN REVIEWING A 54 PLAN, THE DEPARTMENT MAY CONSIDER CONSISTENCY OF THE PLAN WITH 55 COLLECTION IN OTHER STATES AND CONSIDER CONSISTENCY BETWEEN MANUFACTURER 56 PROGRAMS. IN REVIEWING PLANS, THE DEPARTMENT SHALL ENSURE THAT EDUCATION A. 1048 3 1 AND OUTREACH PROGRAMS ARE UNIFORM AND CONSISTENT TO ENSURE EASE OF 2 IMPLEMENTATION. 3 (B) THE DEPARTMENT SHALL MAINTAIN AND POST ON ITS WEBSITE A LIST OF 4 ENTITIES AND LOCATIONS THAT SERVE AS COLLECTION POINTS FOR MERCURY-CON- 5 TAINING THERMOSTATS, INCLUDING BUT NOT LIMITED TO MUNICIPALITIES AND 6 THERMOSTAT RETAILERS AND THERMOSTAT WHOLESALERS. 7 (C) IN CONJUNCTION WITH THE EDUCATIONAL AND OUTREACH PROGRAMS IMPLE- 8 MENTED BY MANUFACTURERS, THE DEPARTMENT MAY CONDUCT AN EDUCATION AND 9 OUTREACH PROGRAM DIRECTED AT WHOLESALERS, RETAILERS, CONTRACTORS, AND 10 HOMEOWNERS TO PROMOTE THE COLLECTION OF DISCARDED MERCURY-CONTAINING 11 THERMOSTATS. 12 (D) BY DECEMBER FIRST, TWO THOUSAND FIFTEEN, AND ANNUALLY THEREAFTER, 13 THE DEPARTMENT SHALL POST A REPORT ON ITS WEBSITE DETAILING THE 14 COLLECTION AND RECYCLING OF MERCURY-CONTAINING THERMOSTATS IN THE STATE. 15 SUCH REPORT SHALL INCLUDE AN EVALUATION OF THE EFFECTIVENESS OF THE 16 THERMOSTAT COLLECTION AND RECYCLING PROGRAMS, AND INFORMATION ON ACTUAL 17 COLLECTION RATES. 18 (E) BY JANUARY FIFTEENTH, TWO THOUSAND FIFTEEN, AND ANNUALLY THEREAFT- 19 ER, THE DEPARTMENT SHALL ESTIMATE THE NUMBER OF OUT-OF-SERVICE THERMO- 20 STATS GENERATED IN NEW YORK ON AN ANNUAL BASIS. BEGINNING JUNE FIRST, 21 TWO THOUSAND SIXTEEN, SHOULD COLLECTION EFFORTS FAIL TO RESULT IN THE 22 COLLECTION AND RECYCLING OF AT LEAST TWENTY-FIVE PERCENT OF THE OUT-OF- 23 SERVICE MERCURY-CONTAINING THERMOSTATS IN THE STATE, THE DEPARTMENT MAY 24 REQUIRE MODIFICATION TO MANUFACTURERS' COLLECTION PLANS TO IMPROVE 25 COLLECTION RATES INCLUDING A REQUIREMENT TO IMPLEMENT A FINANCIAL INCEN- 26 TIVE IN THE FORM OF CASH OR COUPONS NOT LESS THAN FIVE DOLLARS OR NOT 27 GREATER THAN TEN DOLLARS THAT ARE REDEEMABLE BY CONTRACTORS AND/OR HOME- 28 OWNERS. BEGINNING JUNE FIRST, TWO THOUSAND EIGHTEEN, SHOULD COLLECTION 29 EFFORTS FAIL TO RESULT IN THE COLLECTION AND RECYCLING OF AT LEAST 30 SIXTY-FIVE PERCENT OF THE OUT-OF-SERVICE MERCURY-CONTAINING THERMOSTATS 31 IN THE STATE, THE DEPARTMENT SHALL REQUIRE MODIFICATION TO MANUFACTUR- 32 ERS' COLLECTION PLANS TO INCLUDE A FINANCIAL INCENTIVE IN THE FORM OF 33 CASH OR COUPONS NOT LESS THAN FIVE DOLLARS OR GREATER THAN TEN DOLLARS 34 THAT ARE REDEEMABLE BY CONTRACTORS AND/OR HOMEOWNERS. BEGINNING JANUARY 35 FIFTEENTH, TWO THOUSAND TWENTY-TWO, THE DEPARTMENT MAY ADOPT REGULATIONS 36 SETTING FORTH FUTURE COLLECTION GOALS. 37 S 2. This act shall take effect immediately.