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

                                  7752

                            I N  S E N A T E

                               May 6, 2010
                               ___________

Introduced  by Sen. THOMPSON -- 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. PHASE-OUT OF MERCURY-CONTAINING THERMOSTATS.
  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.
  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-

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

                                                           LBD16110-05-0

S. 7752                             2

SAND ELEVEN, 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 TECH-
NICIANS OR HOMEOWNERS FOR PARTICIPATING IN THE PROGRAM.  THE  COLLECTION
PROGRAM  MAY INCLUDE A FINANCIAL INCENTIVE FOR THE RETURN OF EACH MERCU-
RY-CONTAINING THERMOSTAT IN THE FORM OF CASH OR COUPONS THAT ARE REDEEM-
ABLE 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 ELEVEN, MANUFACTURERS
OF MERCURY-CONTAINING THERMOSTATS SHALL IMPLEMENT THE COLLECTION PROGRAM
OUTLINED IN THEIR PLAN.
  (C) BEGINNING JUNE FIRST, TWO THOUSAND TWELVE, AND ANNUALLY  THEREAFT-
ER,  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.
  (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.

S. 7752                             3

  (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 TWELVE, 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 TWELVE, AND ANNUALLY THEREAFT-
ER, THE DEPARTMENT SHALL ESTIMATE THE NUMBER OF  OUT-OF-SERVICE  THERMO-
STATS  GENERATED  IN  NEW YORK ON AN ANNUAL BASIS. BEGINNING JUNE FIRST,
TWO THOUSAND THIRTEEN, 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 FIFTEEN, SHOULD COLLECTION
EFFORTS FAIL TO RESULT IN THE  COLLECTION  AND  RECYCLING  OF  AT  LEAST
SIXTY-FIVE  PERCENT OF THE OUT-OF-SERVICE MERCURY-CONTAINING THERMOSTATS
IN THE STATE, THE DEPARTMENT SHALL REQUIRE MODIFICATION  TO  MANUFACTUR-
ERS'  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 EIGHTEEN, THE DEPARTMENT MAY ADOPT REGULATIONS
SETTING FORTH FUTURE COLLECTION GOALS.
  S 2. This act shall take effect immediately.