Relates to the collection of mercury containing thermostats

BILL NUMBER:S664

Title of bill

An act to amend the environmental conservation law, in relation to the collection of mercury containing thermostats

Purpose or general idea of bill

The purpose of this bill is to encourage the safe collection of mercury-containing thermostats.

Summary of provisions

This bill would: require thermostat manufacturers, no later than June 1, 2016, to submit a plan to the Department of Environmental Conservation (DEC) establishing a collection program for out-of-service thermostats. The collection program, to be offered free of cost to contractors, service technicians and homeowners, would include, but not be limited to:

o An education and outreach program directed to retailers, contractors and homeowners o The distribution of containers for mercury-containing thermostats; o Measures to protect against the fraudulent return of mercury-containing thermostats o Criteria to encourage the purchase of mercury-free thermostats o Criteria to ensure that the capture rate of out-of-service mercury thermostats is maximized o Require manufacturers to implement their plans not later than December 1, 2016

By June 2017, and annually thereafter, manufacturers would be required to submit a report to DEC identifying:

o the number of thermostats collected; o the estimated total amount of mercury in the thermostats; o an evaluation of the program's effectiveness; and o an accounting of the administrative costs incurred.

DEC would be required to:

o grant, deny or approve manufacturer collection plans within 90 days of submission; o maintain a list of mercury-containing thermostat collection points; o conduct education and outreach; o issue annual reports on its website · provide estimate, by January 15, 2017, the number of out-of-service thermostats generated in New York on an annual basis

DEC may require the modification of manufacturer's plans, including the implementation of a financial collection incentive, to result in the collection and recycling of at least 25 percent of the out-of-service mercury-containing thermostats statewide.

Beginning June 1, 2020, if collection efforts fail to result in the collection and recycling of at least 65 percent of the out-of-service mercury-containing thermostats statewide, then DEC shall require the modification of manufacturer plans, including the implementation of a financial collection incentive of cash or coupons between $5 and $10 that are redeemable by contractors or homeowners.

Beginning January 15, 2023, DEC may adopt regulations setting forth future collection costs.

Justification

Mercury has been shown to impair brain development The Centers for Disease Control and Prevention estimates that between 300,000 and 630,000 infants each year are born in the United States with mercury levels high enough to be associated with IQ loss. Each year, more than two million mercury-containing thermostats are discarded. Most states now ban the sale of new mercury containing thermostats, but despite disposal limitations, only a very small percentage of old thermostats are collected and recycled. The remainder enters the waste stream and poses the potential to pollute the environment. This bill would protect the environment and public health by requiring the establishment of a program to collect mercury containing thermostats, ensuring they do not go on to cause harm to the public and the environment.

Prior legislative history

2011-12: S.4833-A 2011-12: A.3485 (Sweeney) (title/dates different than S4833-A) (Passed Assembly) 2009-10: S.7752 (Thompson)/A.10160-B (Sweeney)

Fiscal implications

None.

Effective date

This act shall take effect immediately.