Requires manufacturers of thermostats to collect mercury-containing thermostats

Summary of specific provisions

Section 1 establishes the Mercury Thermostat Collection Act.

Section 2 amends section 27-2101 of the Environmental Conservation Law (ECL) by adding eight new subdivisions 30 through 37 which provide definitions.

Section 3 amends section 27-2105 of the ECL by adding a new subdivision 5 to provide a disposal ban with respect to mercury thermostats.

Section 4 amends the ECL by adding a new section 27-2119 which establishes a mercury-containing thermostat collection program.

Subdivision 1 requires manufacturers to establish and maintain a collection program for the collection, transportation, and proper management of out-of-service mercury-containing thermostats.

Subdivision 2 provides requirements with respect to the mercury thermostat collection program, including establishing a system to collect, transport, and properly manage out-of-service mercury thermostats from all collection sites established under this section, and conducting education and outreach efforts.

Subdivision 3 states that for each year collection programs do not collectively achieve the collection goals provided in this section, the department shall conduct stakeholder consultations.

Subdivision 4 provides that within 90 days after stakeholder consultations, the department shall issue findings with regard to approved modifications to the proposed collection programs. The Department may require modifications to one or more collection programs as necessary to achieve the collection goals.

Subdivision 5 requires thermostat manufacturers to submit an annual report on its collection program to the department.

Subdivision 6 provides statewide collection goals for calendar years 2014 and 2015. For calendar years 2016-2021, collection goals shall be established by the department.

Subdivision 7 provides that 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.

Subdivision 8 provides requirements with respect to wholesalers.

Subdivision 9 provides requirements with respect to persons or contractors replacing mercury-containing thermostats from a building; demolishing a building containing mercury-containing thermostats; or replacing mercury containing thermostats from any location in the state that is participating in an energy and/or weatherization program.

Subdivision 10 provides that 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.

Subdivision 11 requires the department to maintain on its website information regarding the collection and proper management of out-of-service mercury thermostats in the state.

Subdivision 12 provides that no later than November 1, 2021, the department shall submit a written report to the governor and the legislature regarding the collection program.

Subdivision 13 requires the department to conduct outreach to promote the collection and proper management of out-·of-service mercury thermostats.

Subdivision 14 imposes civil penalties for violations; there shall be no penalty under this section for a thermostat manufacturer's failure to achieve the statewide collection goals.

Sections 5 - 12 relate to shared responsibility among entities responsible for thermostat collection and disposal.

Section 13 provides the effective date; this act shall expire January 1, 2023.

Justification

Mercury is a persistent and toxic pollutant that bioaccumulates in the environment. Mercury deposition has proven to be a significant problem in the northeastern united states. Consumption of mercury-contaminated freshwater fish poses a significant public health threat to the residents of New York.

According to a 2004 study by the U.S. Environmental Protection Agency titled "International mercury market study and the role and impact of

U.S. environmental policy," more than ten percent (10%) of the estimated mercury reservoir in the United States is in thermostats.

The intent of this bill is to achieve significant reductions in environmental mercury by establishing a program to collect mercury-containing thermostats.

Prior legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect immediately.