§ 27-2903 — Mercury-containing thermostat collection

* § 27-2903. Mercury-containing thermostat collection.\n 1. Each thermostat manufacturer shall, individually or collectively,\nwith other thermostat manufacturers, establish and maintain a program\nfor the collection, transportation, recycling, disposal and proper\nmanagement of out-of-service mercury thermostats in accordance with the\nprovisions of this section.\n 2. Each thermostat manufacturer shall, individually or collectively\nwith other thermostat manufacturers through a collection program, do the\nfollowing:\n (a) On and after July first, two thousand fourteen, compile a list of\nthermostat wholesalers in the state and offer each thermostat wholesaler\ncontainers for the collection of out-of-service mercury thermostats.\n (b) On and after July first, two thousand fourteen, make collection\ncontainers available to all qualified contractors, thermostat\nwholesalers, thermostat retailers, and qualified local government\nauthorities that request a container. Each thermostat manufacturer shall\nwith each container include information regarding the proper management\nof out-of-service mercury thermostats.\n (c) Establish a system to collect, transport, recycle, dispose and\nproperly manage out-of-service mercury thermostats from all collection\nsites.\n (d) Not include any fees or other charges to consumers or persons\nparticipating in the program. Each thermostat wholesaler, qualified\ncontractor, qualified local government authority, or thermostat retailer\nthat is provided with one or more collection containers may be charged a\nfee not to exceed twenty-six dollars to replace any collection container\nthat is misplaced, stolen or otherwise lost.\n (e) Beginning July first, two thousand fourteen, conduct education and\noutreach efforts, including, but not limited to the following:\n (i) establish and maintain a public website for the dissemination of\neducational materials to promote the collection of out-of-service\nmercury thermostats. This website shall include templates of the\neducational materials on the internet website in a form and format that\ncan be easily downloaded and printed. The link to this website shall be\nprovided to the department;\n (ii) contact thermostat wholesalers at least once a year to encourage\ntheir support and participation in educating customers on the importance\nof statutory requirements for the collection and proper management of\nout-of-service mercury thermostats;\n (iii) create and maintain a web-based program that allows contractors\nand consumers to identify collection sites for out-of-service mercury\nthermostats in the state and provide a list of collection sites to the\ndepartment; and\n (iv) develop informational articles, press releases, and news stories\npertaining to the importance of and opportunities for collecting and\nrecycling out-of-service mercury thermostats and distribute those\nmaterials to trade publications, local media, and stakeholder groups.\n (f) On or before July first, two thousand fourteen, develop and update\nas necessary educational and other outreach materials for distribution\nto contractors, contractor associations and consumers. These materials\nshall be made available for use by participating thermostat wholesalers,\nthermostat retailers, contractors, and qualified government authorities.\nThe materials shall include, but not be limited to, the following:\n (i) signage, such as posters and cling signage, that can be\nprominently displayed to promote the collection of out-of-service\nmercury thermostats to contractors and consumers; and\n (ii) written materials or templates of materials for reproduction by\nthermostat wholesalers and thermostat retailers to be provided to\ncustomers at the time of purchase or delivery of a thermostat. The\nmaterials shall include, but not be limited to, information on the\nimportance of properly managing out-of-service mercury thermostats and\nopportunities for the collection of these thermostats.\n (g) Provide an opportunity for the department to review and offer\nfeedback and suggestions on the collection program.\n 3. The collection programs established by thermostat manufacturers\nunder this section shall be designed to achieve collectively the\nfollowing statewide goals:\n (a) For calendar year two thousand fifteen, the collection of no less\nthan fifteen thousand five hundred out-of-service mercury thermostats;\n (b) For calendar years two thousand sixteen through two thousand\ntwenty-three, the collection goals shall be established by the\ndepartment. The department shall establish collection goals no later\nthan October first, two thousand fifteen. The collection goals\nestablished by the department shall achieve the maximum feasible number\nof out-of-service mercury thermostats in the state. In developing the\ncollection goals, the department shall take into account, at a minimum,\n(i) the effectiveness of collection programs for out-of-service mercury\nthermostats in the state and other states, including education and\noutreach efforts, (ii) collection requirements in other states,\nincluding those states with the highest collection goals, (iii) any\nreports or studies on the number of out-of-service mercury thermostats\nthat are available for collection in this state, other states, and\nnationally, and (iv) other relevant factors. Prior to establishing the\ncollection goals, the department shall consult with stakeholder groups\nthat include, at a minimum, representatives of thermostat manufacturers,\nenvironmental groups, municipal recyclers, thermostat wholesalers,\nqualified contractors, and thermostat retailers.\n (c) Thermostat manufacturers shall implement any collection program\nrevisions approved by the department within ninety days.\n 4. If the collection programs do not collectively achieve the\ncollection goals provided for in subdivision three of this section for\ncalendar year two thousand fifteen or any year thereafter the\ndepartment, after conducting stakeholder consultations, may require\nmodifications to one or more collection programs that the department\ndetermines are necessary to achieve the collection goals. Modifications\nrequired by the department may include improvements to outreach and\neducation conducted under the collection program, expansion of the\nnumber and location of collection sites established under the program,\nmodification of the roles of participants, and a five dollar financial\nincentive in the form of either cash or coupon offered by the\nmanufacturer to contractors and consumers for each out-of-service\nmercury thermostat returned to a collection site.\n 5. No later than April first, two thousand fifteen, and no later than\nApril first of each year thereafter, each thermostat manufacturer shall,\nindividually or collectively with other thermostat manufacturers, submit\nan annual report on its collection program to the department covering\nthe one-year period ending December thirty-first of the previous year.\nEach report shall be posted on the manufacturer's or program operator's\nrespective internet website. The annual report shall include the\nfollowing:\n (a) the number of out-of-service mercury thermostats collected and\nmanaged under this section during the previous calendar year;\n (b) the estimated total amount of mercury contained in the\nout-of-service mercury thermostats collected under this section during\nthe previous calendar year;\n (c) a list of all thermostat wholesalers, contractors, qualified local\ngovernment authorities, and thermostat retailers participating in the\nprogram as mercury thermostat collection sites and the number of\nout-of-service mercury thermostats returned by each;\n (d) an accounting of the program's administrative costs;\n (e) a description of outreach strategies employed under paragraph (e)\nof subdivision two of this section;\n (f) examples of outreach and educational materials used under\nparagraph (e) of subdivision two of this section;\n (g) the internet website address of addresses where the annual report\nmay be viewed online;\n (h) a description of how the out-of-service mercury thermostats were\nmanaged;\n (i) any modifications that the thermostat manufacturer is planning to\nmake in its collection program; and\n (j) the identification of a collection program contact and the\nbusiness phone number, mailing address, and e-mail address for the\ncontact.\n 6. All contractors, thermostat wholesalers, thermostat manufacturers,\nand thermostat retailers participating in the program shall handle and\nmanage the out-of-service mercury thermostats in a manner that is\nconsistent with the requirements for the disposal of hazardous waste.\n 7. On and after July first, two thousand fourteen, no thermostat\nwholesaler shall sell, offer to sell, distribute, or offer to distribute\nthermostats unless the wholesaler participates as a collection site for\nout-of-service mercury thermostats or requests and receives a waiver\nfrom the department following a demonstration that such participation\nwould pose an undue burden.\n * NB Repealed January 1, 2027\n