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

                                  1676

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, MARTINS -- 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, the  public  service
  law,  the  public  authorities  law,  the  social services law and the
  public housing law, in relation to the collection of  mercury-contain-
  ing  thermostats; and providing for the repeal of such provisions upon
  expiration thereof

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

  Section  1. Short title. This act may be cited as the "Mercury Thermo-
stat Collection Act".
  S 2. Section 27-2101 of the environmental conservation law is  amended
by  adding  eight  new subdivisions 30, 31, 32, 33, 34, 35, 36 and 37 to
read as follows:
  30. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION,  TRANSPOR-
TATION,  RECYCLING,  AND  DISPOSAL OF OUT-OF-SERVICE MERCURY THERMOSTATS
THAT IS FINANCED AND MANAGED OR PROVIDED BY  A  THERMOSTAT  MANUFACTURER
INDIVIDUALLY  OR  COLLECTIVELY  WITH  OTHER  THERMOSTAT MANUFACTURERS IN
ACCORDANCE WITH THIS SECTION.
  31. "CONTRACTOR" MEANS A PERSON ENGAGED IN THE BUSINESS  OF  INSTALLA-
TION,  SERVICE, OR REMOVAL OF HEATING, VENTILATION, AND AIR-CONDITIONING
COMPONENTS.
  32. "OUT-OF-SERVICE MERCURY THERMOSTAT"  MEANS  A  MERCURY  THERMOSTAT
THAT IS REMOVED, REPLACED, OR OTHERWISE TAKEN OUT OF SERVICE.
  33.  "QUALIFIED  CONTRACTOR" MEANS A PERSON ENGAGED IN THE BUSINESS OF
INSTALLATION, SERVICE, OR REMOVAL OF HEATING, VENTILATION, AND  AIR-CON-
DITIONING  COMPONENTS  WHO  EMPLOYS SEVEN OR MORE SERVICE TECHNICIANS OR
INSTALLERS OR WHO IS LOCATED IN AN AREA OUTSIDE OF  AN  URBAN  AREA,  AS
DEFINED BY THE UNITED STATES BUREAU OF THE CENSUS.

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

                                                           LBD05465-01-3

S. 1676                             2

  34. "QUALIFIED LOCAL GOVERNMENT AUTHORITIES" MEANS HOUSEHOLD HAZARDOUS
WASTE FACILITIES, SOLID WASTE MANAGEMENT AGENCIES, ENVIRONMENTAL MANAGE-
MENT AGENCIES, OR DEPARTMENTS OF PUBLIC HEALTH.
  35.  "THERMOSTAT MANUFACTURER" MEANS A PERSON WHO OWNS OR OWNED A NAME
BRAND OF ONE OR MORE MERCURY THERMOSTATS SOLD IN THE STATE.
  36. "THERMOSTAT RETAILER" MEANS A PERSON WHO SELLS THERMOSTATS OF  ANY
KIND  PRIMARILY TO HOMEOWNERS OR OTHER NONPROFESSIONALS THROUGH ANY SALE
OR DISTRIBUTION MECHANISM, INCLUDING, BUT NOT LIMITED  TO,  SALES  USING
THE  INTERNET  OR  CATALOGS.  A THERMOSTAT RETAILER THAT MEETS THE DEFI-
NITION OF THERMOSTAT WHOLESALER SHALL BE CONSIDERED A THERMOSTAT  WHOLE-
SALER.
  37.  "THERMOSTAT  WHOLESALER"  MEANS  A  PERSON  WHO IS ENGAGED IN THE
DISTRIBUTION AND WHOLESALE SELLING OF HEATING, VENTILATION, AND AIR-CON-
DITIONING COMPONENTS, INCLUDING, BUT NOT  LIMITED  TO,  THERMOSTATS,  TO
CONTRACTORS,  AND WHOSE TOTAL WHOLESALE SALES ACCOUNT FOR EIGHTY PERCENT
OR MORE OF ITS TOTAL SALES. A THERMOSTAT  MANUFACTURER,  AS  DEFINED  IN
SUBDIVISION THIRTY-FIVE OF THIS SECTION, IS NOT A THERMOSTAT WHOLESALER.
  S  3. Section 27-2105 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
  5. NO PERSON SHALL DISPOSE OF AN OUT-OF-SERVICE MERCURY THERMOSTAT  IN
SOLID  WASTE  OR OTHERWISE DISPOSE OF SUCH A PRODUCT EXCEPT BY SEPARATED
DELIVERY THEREOF TO A SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS WASTE
MANAGEMENT FACILITY PERMITTED OR AUTHORIZED PURSUANT TO TITLE  SEVEN  OR
NINE OF THIS ARTICLE.
  S  4.  The  environmental  conservation law is amended by adding a new
section 27-2119 to read as follows:
S 27-2119. MERCURY-CONTAINING THERMOSTAT COLLECTION.
  1. EACH THERMOSTAT MANUFACTURER SHALL,  INDIVIDUALLY  OR  COLLECTIVELY
WITH OTHER THERMOSTAT MANUFACTURERS, ESTABLISH AND MAINTAIN A COLLECTION
PROGRAM  FOR  THE  COLLECTION,  TRANSPORTATION, AND PROPER MANAGEMENT OF
OUT-OF-SERVICE MERCURY THERMOSTATS IN ACCORDANCE WITH THE PROVISIONS  OF
THIS SECTION.
  2.  EACH  THERMOSTAT  MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY
WITH OTHER THERMOSTAT MANUFACTURERS THROUGH A COLLECTION PROGRAM, DO THE
FOLLOWING:
  (A) ON AND AFTER JULY FIRST, TWO THOUSAND FOURTEEN, COMPILE A LIST  OF
THERMOSTAT WHOLESALERS IN THE STATE AND OFFER EACH THERMOSTAT WHOLESALER
CONTAINERS FOR THE COLLECTION OF OUT-OF-SERVICE MERCURY THERMOSTATS.
  (B)  ON  AND  AFTER JULY FIRST, TWO THOUSAND FOURTEEN, MAKE COLLECTION
CONTAINERS AVAILABLE TO ALL  QUALIFIED  CONTRACTORS,  THERMOSTAT  WHOLE-
SALERS, THERMOSTAT RETAILERS, AND QUALIFIED LOCAL GOVERNMENT AUTHORITIES
IN  THIS  STATE  THAT  REQUEST A CONTAINER. EACH THERMOSTAT MANUFACTURER
SHALL WITH EACH  CONTAINER  INCLUDE  INFORMATION  REGARDING  THE  PROPER
MANAGEMENT  OF  OUT-OF-SERVICE MERCURY THERMOSTATS AS UNIVERSAL WASTE IN
ACCORDANCE WITH THE COLLECTION PROGRAM AND DEPARTMENT RULES.
  (C) ESTABLISH A SYSTEM TO  COLLECT,  TRANSPORT,  AND  PROPERLY  MANAGE
OUT-OF-SERVICE MERCURY THERMOSTATS FROM ALL COLLECTION SITES ESTABLISHED
UNDER THIS SECTION.
  (D)   FROM   JULY  FIRST,  TWO  THOUSAND  FOURTEEN,  THROUGH  DECEMBER
THIRTY-FIRST, TWO  THOUSAND  SIXTEEN,  CONDUCT  EDUCATION  AND  OUTREACH
EFFORTS, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
  (1)  CREATE  A  PUBLIC  SERVICE  ANNOUNCEMENT PROMOTING COLLECTION AND
PROPER MANAGEMENT OF OUT-OF-SERVICE MERCURY THERMOSTATS, COPIES OF WHICH
SHALL BE PROVIDED TO THE DEPARTMENT;
  (2) ESTABLISH AND MAINTAIN  A  PUBLICLY  ACCESSIBLE  WEBSITE  FOR  THE
DISSEMINATION  OF  EDUCATIONAL  MATERIALS  TO  PROMOTE THE COLLECTION OF

S. 1676                             3

OUT-OF-SERVICE MERCURY THERMOSTATS. THIS WEBSITE SHALL INCLUDE TEMPLATES
OF THE EDUCATIONAL MATERIALS ON THE  INTERNET  WEBSITE  IN  A  FORM  AND
FORMAT  THAT  CAN  BE  EASILY  DOWNLOADED  AND PRINTED. THE LINK TO THIS
WEBSITE SHALL BE PROVIDED TO THE DEPARTMENT;
  (3)  CONTACT  THERMOSTAT WHOLESALERS AT LEAST ONCE A YEAR TO ENCOURAGE
THEIR SUPPORT AND PARTICIPATION IN  EDUCATING  THEIR  CUSTOMERS  ON  THE
IMPORTANCE  OF  AND STATUTORY REQUIREMENTS FOR THE COLLECTION AND PROPER
MANAGEMENT OF OUT-OF-SERVICE MERCURY THERMOSTATS;
  (4) DEVELOP AND IMPLEMENT STRATEGIES TO ENCOURAGE PARTICIPATING  THER-
MOSTAT  RETAILERS  TO  EDUCATE  THEIR CUSTOMERS ON THE IMPORTANCE OF AND
OPPORTUNITIES FOR COLLECTING AND RECYCLING OUT-OF-SERVICE MERCURY  THER-
MOSTATS;
  (5)  CREATE  AND  MAINTAIN A WEB-BASED PROGRAM THAT ALLOWS CONTRACTORS
AND CONSUMERS TO IDENTIFY COLLECTION SITES  FOR  OUT-OF-SERVICE  MERCURY
THERMOSTATS BY ZIP CODE IN THE STATE;
  (6)  PREPARE  AND  MAIL TO CONTRACTOR ASSOCIATIONS A POSTCARD OR OTHER
NOTICE  THAT  PROVIDES  INFORMATION  ON  THE  COLLECTION   PROGRAM   FOR
OUT-OF-SERVICE MERCURY THERMOSTATS; AND
  (7)  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.
  (E) 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.  THOSE MATERIALS
SHALL BE MADE AVAILABLE 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:
  (1) 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
  (2)  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 THOSE THERMOSTATS.
  (F) PROVIDE AN OPPORTUNITY FOR THE DEPARTMENT TO  OFFER  FEEDBACK  AND
SUGGESTIONS ON THE COLLECTION PROGRAM.
  3.  IF  THE  COLLECTION  PROGRAMS  DO  NOT  COLLECTIVELY  ACHIEVE  THE
COLLECTION GOALS PROVIDED FOR IN SUBDIVISION SIX  OF  THIS  SECTION  FOR
CALENDAR YEAR TWO THOUSAND FIFTEEN OR ANY YEAR THEREAFTER THE DEPARTMENT
SHALL  CONFER  WITH  THERMOSTAT  MANUFACTURERS,  THERMOSTAT WHOLESALERS,
QUALIFIED CONTRACTORS, THE NEW YORK STATE  ENERGY  RESEARCH  DEVELOPMENT
AUTHORITY, NEW YORK STATE PUBLIC SERVICE COMMISSION, DIVISION OF HOUSING
AND  COMMUNITY  RENEWAL,  ENVIRONMENTAL  GROUPS, MUNICIPAL RECYCLERS AND
OTHER STAKEHOLDERS THAT MAY  INCLUDE  THERMOSTAT  RETAILERS,  THE  POWER
AUTHORITY  OF THE STATE OF NEW YORK, PROVIDERS OF QUALIFIED ENERGY EFFI-
CIENCY SERVICES AND LOW COST RESIDENTIAL  WEATHERIZATION,  AND  CONSIDER
REVISIONS  TO  THE  COLLECTION PROGRAMS THAT ARE DESIGNED TO ACHIEVE THE
GOALS IN SUBSEQUENT CALENDAR YEARS.
  4. WITHIN NINETY DAYS AFTER CONDUCTING STAKEHOLDER CONSULTATIONS,  THE
DEPARTMENT SHALL ISSUE FINDINGS WITH REGARD TO APPROVED MODIFICATIONS TO
THE PROPOSED COLLECTION PROGRAM.

S. 1676                             4

  (A)  THE DEPARTMENT SHALL APPROVE PROPOSED REVISIONS IF THE DEPARTMENT
DETERMINES  THAT  THE  REVISED  COLLECTION  PROGRAMS  WILL  COLLECTIVELY
ACHIEVE  THE  COLLECTION  GOALS  SET  FORTH  IN  SUBDIVISION SIX OF THIS
SECTION.
  (B)  IF THE DEPARTMENT DETERMINES THE REVISED COLLECTION PROGRAMS WILL
NOT COLLECTIVELY ACHIEVE THE COLLECTION GOALS SET FORTH  IN  SUBDIVISION
SIX  OF THIS SECTION, THE DEPARTMENT MAY REQUIRE MODIFICATIONS 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 A COUPON OFFERED BY THE MANUFACTURER TO CONTRACTORS AND
CONSUMERS FOR EACH  OUT-OF-SERVICE  MERCURY  THERMOSTAT  RETURNED  TO  A
COLLECTION SITE.
  (C)  THERMOSTAT  MANUFACTURERS  SHALL  BEGIN  THE PROCESS TO IMPLEMENT
COLLECTION PROGRAM REVISIONS APPROVED BY THE  DEPARTMENT  WITHIN  NINETY
DAYS AFTER APPROVAL.
  5.  NO LATER THAN APRIL FIRST, TWO THOUSAND FIFTEEN, 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 MANUFACTURER'S OR PROGRAM  OPERATOR'S
RESPECTIVE INTERNET WEBSITE. THE ANNUAL REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO, 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) A LIST OF ALL THERMOSTAT WHOLESALERS, CONTRACTORS, QUALIFIED LOCAL
GOVERNMENT  AUTHORITIES,  AND  THERMOSTAT RETAILERS PARTICIPATING IN THE
PROGRAM AS  MERCURY  THERMOSTAT  COLLECTION  SITES  AND  THE  NUMBER  OF
OUT-OF-SERVICE MERCURY THERMOSTATS RETURNED BY EACH;
  (D) AN ACCOUNTING OF THE PROGRAM'S ADMINISTRATIVE COSTS;
  (E)  A DESCRIPTION OF OUTREACH STRATEGIES EMPLOYED UNDER PARAGRAPH (D)
OF SUBDIVISION TWO OF THIS SECTION;
  (F) EXAMPLES OF OUTREACH AND EDUCATIONAL MATERIALS  USED  UNDER  PARA-
GRAPH (E) OF SUBDIVISION TWO OF THIS SECTION;
  (G)  THE INTERNET WEBSITE ADDRESS OR ADDRESSES WHERE THE ANNUAL REPORT
MAY BE VIEWED ONLINE;
  (H) A DESCRIPTION OF HOW THE OUT-OF-SERVICE MERCURY  THERMOSTATS  WERE
MANAGED;
  (I)  ANY MODIFICATIONS THAT THE THERMOSTAT MANUFACTURER HAS MADE OR IS
PLANNING TO MAKE IN ITS COLLECTION PROGRAM; AND
  (J) THE IDENTIFICATION OF A COLLECTION PROGRAM CONTACT AND  THE  BUSI-
NESS PHONE NUMBER, MAILING ADDRESS, AND E-MAIL ADDRESS FOR THE CONTACT.
  6.  THE  COLLECTION  PROGRAMS  ESTABLISHED BY THERMOSTAT MANUFACTURERS
UNDER THIS SECTION SHALL BE DESIGNED TO COLLECTIVELY ACHIEVE THE FOLLOW-
ING STATEWIDE GOALS:
  (A) FOR CALENDAR YEAR TWO THOUSAND FIFTEEN, THE COLLECTION OF AT LEAST
TEN THOUSAND MERCURY THERMOSTATS TAKEN  OUT  OF  SERVICE  IN  THE  STATE
DURING THE CALENDAR YEAR.

S. 1676                             5

  (B) FOR CALENDAR YEAR TWO THOUSAND SIXTEEN, THE COLLECTION OF AT LEAST
FIFTEEN  THOUSAND  MERCURY THERMOSTATS TAKEN OUT OF SERVICE IN THE STATE
DURING THE CALENDAR YEAR.
  (C)  FOR  CALENDAR  YEARS  TWO THOUSAND SEVENTEEN THROUGH TWO THOUSAND
TWENTY-TWO, THE COLLECTION GOALS SHALL BE ESTABLISHED BY THE DEPARTMENT.
THE DEPARTMENT SHALL ESTABLISH  COLLECTION  GOALS  NO  LATER  THAN  JUNE
FIRST,  TWO  THOUSAND SIXTEEN.   THE COLLECTION GOALS ESTABLISHED BY THE
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,  (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 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,  CONTRACTORS,  AND
THERMOSTAT RETAILERS.
  7.  ALL CONTRACTORS, THERMOSTAT WHOLESALERS, THERMOSTAT MANUFACTURERS,
AND THERMOSTAT RETAILERS PARTICIPATING IN THE PROGRAM SHALL  HANDLE  AND
MANAGE  THE  OUT-OF-SERVICE  MERCURY  THERMOSTATS  IN  A  MANNER THAT IS
CONSISTENT WITH THE PROVISIONS OF THE COLLECTION, TREATMENT AND DISPOSAL
OF REFUSE AND OTHER SOLID WASTE AS REGULATED BY THE DEPARTMENT.
  8. 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:
  (A) PARTICIPATES AS A COLLECTION SITE FOR OUT-OF-SERVICE MERCURY THER-
MOSTATS;
  (B)  USES THE CONTAINERS PROVIDED BY THE COLLECTION PROGRAM TO FACILI-
TATE COLLECTION OF OUT-OF-SERVICE MERCURY THERMOSTATS BY CONTRACTORS;
  (C) COMPLIES WITH THE REQUIREMENTS OF THE COLLECTION  PROGRAM  RELATED
TO THE ACCEPTANCE OF OUT-OF-SERVICE MERCURY THERMOSTATS; AND
  (D)  DISTRIBUTES  TO  ITS CUSTOMERS THE EDUCATIONAL OUTREACH MATERIALS
DEVELOPED UNDER PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION.
  9. (A) ANY PERSON OR  CONTRACTOR  WHO  REPLACES  A  MERCURY-CONTAINING
THERMOSTAT  FROM A BUILDING SHALL DISPOSE OF SUCH THERMOSTAT PURSUANT TO
SECTION 27-2105 OF THIS TITLE, OR DELIVER THE MERCURY-CONTAINING THERMO-
STAT TO AN APPROPRIATE WHOLESALER OR RETAILER FOR COLLECTION.
  (B) ANY PERSON OR CONTRACTOR WHO DEMOLISHES A  BUILDING  SHALL  REMOVE
ANY MERCURY-CONTAINING THERMOSTATS FROM THE BUILDING PRIOR TO DEMOLITION
AND  SHALL  DISPOSE  OF  SUCH THERMOSTATS PURSUANT TO SECTION 27-2105 OF
THIS TITLE OR SHALL DELIVER THE  MERCURY-CONTAINING  THERMOSTATS  TO  AN
APPROPRIATE WHOLESALER OR RETAILER FOR COLLECTION.
  (C) ANY PERSON OR CONTRACTOR WHO REPLACES A MERCURY-CONTAINING THERMO-
STAT  FROM  ANY LOCATION IN THE STATE THAT IS PARTICIPATING IN AN ENERGY
EFFICIENCY AND/OR WEATHERIZATION PROGRAM SUPPORTED  OR  ADMINISTERED  IN
WHOLE  OR  IN  PART BY ANY DEPARTMENT, AGENCY, INSTRUMENTALITY, OR POLI-
TICAL SUBDIVISION OF THE STATE OR CONDUCTED AS A RESULT OF ANY STATUTORY
REQUIREMENT, SHALL DELIVER  THE  MERCURY-CONTAINING  THERMOSTATS  TO  AN
APPROPRIATE WHOLESALER OR RETAILER FOR COLLECTION.
  10.  A THERMOSTAT WHOLESALER OR THERMOSTAT RETAILER IS PROHIBITED FROM
OFFERING, SELLING OR DISTRIBUTING ANY THERMOSTAT FOR  FINAL  SALE  WHERE
THE  MANUFACTURER  OF  SUCH  THERMOSTAT  IS  NOT IN COMPLIANCE WITH THIS
SECTION.

S. 1676                             6

  11. NO LATER THAN JUNE FIRST, TWO  THOUSAND  FIFTEEN,  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, BUT IS NOT LIMITED TO, 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 SUBDIVISION SIX OF THIS SECTION; AND
  (C) A LIST OF ALL THERMOSTAT WHOLESALERS, CONTRACTORS, QUALIFIED LOCAL
GOVERNMENT  AUTHORITIES,  AND  THERMOSTAT RETAILERS PARTICIPATING IN THE
PROGRAM AS COLLECTION SITES.
  12. NO LATER THAN NOVEMBER FIRST, TWO THOUSAND TWENTY-TWO, THE DEPART-
MENT 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 AN ESTI-
MATE 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.
  13.  IN  CONJUNCTION WITH THE EDUCATIONAL AND OUTREACH PROGRAMS IMPLE-
MENTED BY THE THERMOSTAT MANUFACTURERS UNDER THIS SECTION,  THE  DEPART-
MENT SHALL CONDUCT OUTREACH TO PROMOTE THE COLLECTION AND PROPER MANAGE-
MENT OF OUT-OF-SERVICE MERCURY THERMOSTATS.
  14.  (A)  ANY  THERMOSTAT  MANUFACTURER THAT VIOLATES ANY PROVISION OF
THIS SECTION, OR ANY RULE ADOPTED BY THE NEW YORK STATE ENERGY  RESEARCH
AND  DEVELOPMENT  AGENCY,  OR  THAT FAILS TO PERFORM ANY DUTY IMPOSED BY
THIS SECTION SHALL BE LIABLE FOR A CIVIL  PENALTY  NOT  TO  EXCEED  FIVE
HUNDRED  DOLLARS  PER  DAY  FOR  EACH  VIOLATION. EACH VIOLATION OF THIS
SECTION SHALL CONSTITUTE A SEPARATE OFFENSE AND VIOLATION.  THERE  SHALL
BE NO PENALTY UNDER THIS SECTION FOR A THERMOSTAT MANUFACTURER'S FAILURE
TO  ACHIEVE  THE STATEWIDE COLLECTION GOALS SET FORTH IN SUBDIVISION SIX
OF THIS SECTION.
  (B) ANY  THERMOSTAT  WHOLESALER,  CONTRACTOR,  OR  OTHER  PERSON  THAT
VIOLATES  ANY  PROVISION OF THIS SECTION, OR ANY RULE ADOPTED BY THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AGENCY,  OR  THAT  FAILS  TO
PERFORM  ANY  DUTY  IMPOSED  BY THIS SECTION SHALL BE LIABLE FOR A CIVIL
PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS PER DAY FOR  EACH  VIOLATION.
EACH  VIOLATION  OF THIS SECTION SHALL CONSTITUTE A SEPARATE OFFENSE AND
VIOLATION.
  (C) ALL PENALTIES COLLECTED PURSUANT TO THIS  SECTION  SHALL  BE  PAID
OVER  TO  THE COMMISSIONER FOR DEPOSIT TO THE ENVIRONMENTAL CONSERVATION
FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE  STATE  FINANCE
LAW.
  S  5.  Section  4 of the public service law is amended by adding a new
subdivision 4 to read as follows:
  4. THE COMMISSION SHALL ENSURE THE COLLECTION AND PROPER MANAGEMENT OF
OUT-OF-SERVICE MERCURY THERMOSTATS, GENERATED AS A RESULT OF ANY  ENERGY
EFFICIENCY  PROGRAM  ADMINISTERED,  REVIEWED, OR OVERSEEN BY THE COMMIS-
SION.
  S 6. Section 1854 of the public authorities law is amended by adding a
new subdivision 20 to read as follows:
  20. TO ENSURE THE COLLECTION AND PROPER MANAGEMENT  OF  OUT-OF-SERVICE
MERCURY THERMOSTATS, GENERATED AS A RESULT OF ANY GRANT OR LOAN PROVIDED

S. 1676                             7

BY  THE  AUTHORITY. ANY ORGANIZATION, OR SUBCONTRACTOR OF SUCH ORGANIZA-
TION, USING FUNDING PROVIDED BY THE AUTHORITY, SHALL NOT  DISPOSE  OF  A
MERCURY-ADDED  CONSUMER  PRODUCT  IN SOLID WASTE OR OTHERWISE DISPOSE OF
SUCH  A  PRODUCT  EXCEPT  BY SEPARATED DELIVERY THEREOF TO A SOLID WASTE
MANAGEMENT FACILITY OR HAZARDOUS WASTE MANAGEMENT FACILITY PERMITTED  OR
AUTHORIZED  PURSUANT TO TITLE SEVEN OR NINE OF THE ENVIRONMENTAL CONSER-
VATION LAW. SUCH ORGANIZATION, OR SUBCONTRACTOR  OF  SUCH  ORGANIZATION,
USING  FUNDING  PROVIDED  BY  THE  AUTHORITY,  SHALL  USE THE CONTAINERS
PROVIDED BY THE COLLECTION PROGRAM PURSUANT TO SECTION  27-2119  OF  THE
ENVIRONMENTAL  CONSERVATION  LAW TO FACILITATE COLLECTION OF OUT-OF-SER-
VICE MERCURY THERMOSTATS BY CONTRACTORS.
  S 7. Subdivision 3 of section 1894 of the public  authorities  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  THE  AUTHORITY  SHALL  CONSULT WITH REPRESENTATIVES OF THERMOSTAT
MANUFACTURERS WHO, INDIVIDUALLY OR COLLECTIVELY  WITH  OTHER  THERMOSTAT
MANUFACTURERS,  ESTABLISH  AND  MAINTAIN  A  COLLECTION  PROGRAM FOR THE
COLLECTION, TRANSPORTATION,  AND  PROPER  MANAGEMENT  OF  OUT-OF-SERVICE
MERCURY THERMOSTATS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 27-2119
OF  THE  ENVIRONMENTAL  CONSERVATION  LAW,  TO ENSURE THE COLLECTION AND
PROPER MANAGEMENT OF OUT-OF-SERVICE MERCURY THERMOSTATS.  ANY  ORGANIZA-
TION, OR SUBCONTRACTOR OF SUCH ORGANIZATION USING FUNDING PROVIDED UNDER
THE  PROGRAM,  SHALL  NOT DISPOSE OF A MERCURY-ADDED CONSUMER PRODUCT IN
SOLID WASTE OR OTHERWISE DISPOSE OF SUCH A PRODUCT EXCEPT  BY  SEPARATED
DELIVERY THEREOF TO A SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS WASTE
MANAGEMENT  FACILITY  PERMITTED OR AUTHORIZED PURSUANT TO TITLE SEVEN OR
NINE OF  THE  ENVIRONMENTAL  CONSERVATION  LAW.  SUCH  ORGANIZATION,  OR
SUBCONTRACTOR  OF  SUCH  ORGANIZATION  USING  FUNDING PROVIDED UNDER THE
PROGRAM, SHALL USE THE CONTAINERS PROVIDED  BY  THE  COLLECTION  PROGRAM
PURSUANT  TO  SECTION  27-2119  OF THE ENVIRONMENTAL CONSERVATION LAW TO
FACILITATE COLLECTION OF OUT-OF-SERVICE MERCURY THERMOSTATS BY  CONTRAC-
TORS.
  S 8. Section 1896 of the public authorities law is amended by adding a
new subdivision 6 to read as follows:
  6.  QUALIFIED  ENERGY  EFFICIENCY  SERVICES THAT HAVE BEEN PAID FOR IN
WHOLE OR IN PART WITH THE PROCEEDS OF A LOAN UNDER  THIS  SECTION  SHALL
ENSURE  THE  COLLECTION  AND PROPER MANAGEMENT OF OUT-OF-SERVICE MERCURY
THERMOSTATS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 27-2119 OF  THE
ENVIRONMENTAL  CONSERVATION  LAW. ANY APPLICANT USING FINANCING PROVIDED
UNDER THE PROGRAM, SHALL NOT DISPOSE OF A MERCURY-ADDED CONSUMER PRODUCT
IN SOLID WASTE OR OTHERWISE DISPOSE OF SUCH A PRODUCT  EXCEPT  BY  SEPA-
RATED DELIVERY THEREOF TO A SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS
WASTE  MANAGEMENT  FACILITY  PERMITTED  OR  AUTHORIZED PURSUANT TO TITLE
SEVEN OR NINE OF THE  ENVIRONMENTAL  CONSERVATION  LAW.  SUCH  APPLICANT
USING  FUNDING  PROVIDED  UNDER  THE  PROGRAM,  SHALL USE THE CONTAINERS
PROVIDED BY THE COLLECTION PROGRAM PURSUANT TO SECTION  27-2119  OF  THE
ENVIRONMENTAL  CONSERVATION  LAW TO FACILITATE COLLECTION OF OUT-OF-SER-
VICE MERCURY THERMOSTATS.
  S 9. Subdivision 5 of section 97 of the social services law is amended
by adding a new closing paragraph to read as follows:
  PROVIDED HOWEVER, THE DEPARTMENT  SHALL  ENSURE  THAT  ANY  CONTRACTOR
CONDUCTING  LOW-COST  RESIDENTIAL WEATHERIZATION OR OTHER ENERGY-RELATED
HOME REPAIR FOR LOW-INCOME HOUSEHOLDS PROVIDED UNDER THE PROGRAM,  SHALL
NOT DISPOSE OF A MERCURY-ADDED CONSUMER PRODUCT IN SOLID WASTE OR OTHER-
WISE DISPOSE OF SUCH A PRODUCT EXCEPT BY SEPARATED DELIVERY THEREOF TO A
SOLID  WASTE  MANAGEMENT FACILITY OR HAZARDOUS WASTE MANAGEMENT FACILITY
PERMITTED OR AUTHORIZED PURSUANT TO TITLE SEVEN OR NINE OF THE  ENVIRON-

S. 1676                             8

MENTAL  CONSERVATION  LAW.  SUCH  ORGANIZATION, OR SUBCONTRACTOR OF SUCH
ORGANIZATION USING FUNDING PROVIDED UNDER THE  PROGRAM,  SHALL  USE  THE
CONTAINERS  PROVIDED  BY  THE  COLLECTION  PROGRAM  PURSUANT  TO SECTION
27-2119  OF  THE ENVIRONMENTAL CONSERVATION LAW TO FACILITATE COLLECTION
OF OUT-OF-SERVICE MERCURY THERMOSTATS BY CONTRACTORS.
  S 10. The third undesignated paragraph of section 1005 of  the  public
authorities  law,  as  amended  by  chapter  287 of the laws of 2004, is
amended to read as follows:
  The authority is further authorized to construct  and/or  acquire  and
complete  such base load generating, transmission and related facilities
as it deems necessary or desirable to assist in maintaining an  adequate
and  dependable  supply of electricity by supplying power and energy for
the metropolitan transportation authority, its subsidiary  corporations,
the  New York city transit authority, the port authority of New York and
New Jersey, the city of New York, the state  of  New  York,  the  United
States,  other  public corporations and electric corporations within the
metropolitan area of the city of New York within the state of New  York;
provided,  however,  that  (i) the acquisition of completed or partially
completed facilities shall be after public hearing and shall be  limited
to  facilities  located  in  New York city or Westchester county and the
energy and power generated by such facilities  shall  be  used,  to  the
extent  feasible,  for  the  benefit of electric consumers in that area,
(ii) not more than one such generating facility  shall  be  acquired  in
each of New York city and Westchester county, (iii) the price to be paid
pursuant  to  any  agreement  entered into with respect to the purchase,
appropriation  or  condemnation  of  any  such  completed  or  partially
completed facility, as the case may be, shall be subject to the approval
of  the  state comptroller and (iv) transmission facilities shall not be
so acquired pursuant to this paragraph unless such acquisition is neces-
sary to assure delivery of power and energy  produced  by  any  acquired
generating  facility. The authority is further authorized, to the extent
it deems it necessary or desirable, to provide power and energy,  as  it
may  determine  it  to be available, for the use by the Niagara frontier
transportation authority or its subsidiary corporation.   The  authority
is  authorized to make energy efficiency services, PROVIDED HOWEVER THAT
THE AUTHORITY SHALL ENSURE THE COLLECTION AND PROPER MANAGEMENT OF  OUT-
OF-SERVICE  MERCURY  THERMOSTATS GENERATED AS A RESULT OF SUCH PROGRAMS,
clean energy technologies and, in the event that supplies of  power  and
energy  are  determined  to be available from the competitive market for
this purpose, power  and  energy,  available  to  public  and  nonpublic
elementary and secondary schools throughout the state.
  S  11. Section 14 of the public housing law is amended by adding a new
subdivision 7 to read as follows:
  7. THE COMMISSIONER SHALL CONSULT WITH REPRESENTATIVES  OF  THERMOSTAT
MANUFACTURERS  WHO,  INDIVIDUALLY  OR COLLECTIVELY WITH OTHER THERMOSTAT
MANUFACTURERS, ESTABLISH AND  MAINTAIN  A  COLLECTION  PROGRAM  FOR  THE
COLLECTION,  TRANSPORTATION,  AND  PROPER  MANAGEMENT  OF OUT-OF-SERVICE
MERCURY THERMOSTATS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 27-2119
OF THE ENVIRONMENTAL CONSERVATION LAW,  TO  ENSURE  THE  COLLECTION  AND
PROPER  MANAGEMENT  OF  OUT-OF-SERVICE MERCURY THERMOSTATS, GENERATED AS
DIRECT OR INDIRECT RESULT OF THE COMMISSIONERS ACTION. ANY ORGANIZATION,
OR  SUBCONTRACTOR  OF  SUCH  ORGANIZATION  USING  FUNDING  OR  FINANCING
PROVIDED  BY A POWER GRANTED TO THE COMMISSIONER, SHALL NOT DISPOSE OF A
MERCURY-ADDED CONSUMER PRODUCT IN SOLID WASTE OR  OTHERWISE  DISPOSE  OF
SUCH  A  PRODUCT  EXCEPT  BY SEPARATED DELIVERY THEREOF TO A SOLID WASTE
MANAGEMENT FACILITY OR HAZARDOUS WASTE MANAGEMENT FACILITY PERMITTED  OR

S. 1676                             9

AUTHORIZED  PURSUANT TO TITLE SEVEN OR NINE OF THE ENVIRONMENTAL CONSER-
VATION LAW.
  S  12. Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
law, as renumbered by chapter 388 of the laws of  2011,  are  renumbered
sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
to read as follows:
  S  1020-II. MERCURY THERMOSTAT COLLECTION. THE AUTHORITY SHALL CONSULT
WITH REPRESENTATIVES OF THERMOSTAT MANUFACTURERS  WHO,  INDIVIDUALLY  OR
COLLECTIVELY WITH OTHER THERMOSTAT MANUFACTURERS, ESTABLISH AND MAINTAIN
A  COLLECTION  PROGRAM  FOR  THE  COLLECTION, TRANSPORTATION, AND PROPER
MANAGEMENT OF OUT-OF-SERVICE MERCURY THERMOSTATS IN ACCORDANCE WITH  THE
PROVISIONS  OF SECTION 27-2119 OF THE ENVIRONMENTAL CONSERVATION LAW, TO
ENSURE THE COLLECTION AND PROPER MANAGEMENT  OF  OUT-OF-SERVICE  MERCURY
THERMOSTATS.
  S  13.  This act shall take effect immediately and shall expire and be
deemed repealed January 1, 2024.