§ 38 §1665-B — Mercury-added thermostats

1.
Definitions.
For purposes of this section, unless the context otherwise indicates, the following terms have the following meanings.
1-A.
Prohibitions.
The following prohibitions apply to the sale or distribution of mercury thermostats in the State.
2.
Manufacturer responsibility.
Each manufacturer of mercury-added thermostats that have been sold in this State shall, individually or collectively:
2-A.
Wholesaler responsibility.
A wholesaler may not sell a thermostat in the State unless the wholesaler acts as a collection site for thermostats that contain mercury. A wholesaler may meet the requirements of this subsection by participating as a collection site in a manufacturer collection and recycling program under subsection 2. A wholesaler shall post in a prominent location open to public view a notice about the financial incentive plan developed pursuant to subsection 4. The notice must be approved by the department and supplied by the manufacturer at no cost to the wholesaler.
2-B.
Termination of retailer participation.
A manufacturer may terminate a retailer's participation in the collection program under subsection 2, paragraph A only after complying with the provisions of this subsection.
3.
Sales prohibition.
4.
Financial incentive plan.
The department shall develop a manufacturer financial incentive plan in 2 phases. By January 1, 2007, the department shall develop phase one of the plan, which must address collection of mercury-added thermostats from contractors and service technicians. By August 1, 2007, the department shall develop phase 2 of the plan, which must address collection of mercury-added thermostats from homeowners. The plan must be developed in consultation with a stakeholder group that includes representatives from the thermostat industry, environmental groups, thermostat wholesalers and service contractors. The plan must be developed in a manner that ensures to the maximum extent practical that:
5.
Goals.
The goal of the collection and recycling efforts under this section is to collect and recycle at least 125 pounds of mercury per year from mercury-added thermostats within 2 years after the development of phase one of the plan required by subsection 4 and at least 160 pounds of mercury per year within 3 years after the development of phase 2 of the plan required by subsection 4.
6.
Report.
Annually, the department shall submit to the joint standing committee of the Legislature having jurisdiction over natural resources matters a report that includes an evaluation of the effectiveness of the thermostat collection and recycling programs established under this section, information on actual collection rates and recommendations for any statutory changes concerning the collection and recycling of mercury-added thermostats. The report may be included in the report required pursuant to section 1772, subsection 1.

Legislative History

PL 2005, c. 558, §1 (NEW). PL 2009, c. 277, §§4-12 (AMD). PL 2009, c. 501, §24 (AMD). PL 2011, c. 206, §§28-31 (AMD). PL 2011, c. 420, Pt. E, §§1-3 (AMD). PL 2011, c. 420, Pt. E, §5 (AFF). PL 2013, c. 315, §1 (AMD). PL 2015, c. 83, §§1-5 (AMD).