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.
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