N.Y. Environmental Conservation Law § 27-2901: Definitions

* § 27-2901. Definitions.

1. "Collection program" means a system for the collection,

transportation, 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.

2. "Mercury thermostat" means a product or device that uses a mercury

switch to sense and control room temperature through communication with

heating, ventilation, or air-conditioning equipment and includes

thermostats used to sense and control room temperature in residential,

commercial, industrial and other buildings but does not include a

thermostat used to sense and control temperature as part of a

manufacturing process.

3. "Out-of-service mercury thermostat" means a mercury thermostat that

is removed, replaced or otherwise taken out of service.

4. "Qualified contractor" means a person engaged in the business of

installation, service or removal of heating, ventilation, and

air-conditioning components who employs seven or more service

technicians or installers.

5. "Qualified local government authorities" means any municipal

corporation or planning unit as defined in section 27-0107 of this

article, or county departments of health.

6. "Thermostat manufacturer" means a person who owns or owned a name

brand of one or more mercury thermostats sold in the state.

7. "Thermostat retailer" means a person who sells thermostats of any

kind primarily to homeowners or other nonprofessionals through any sale

or distribution mechanism including sales using the internet or

catalogs.

8. "Thermostat wholesaler" means a person who is engaged in the

distribution and wholesale selling of heating, ventilation or

air-conditioning components, including thermostats, to contractors, and

whose total wholesale sales account for eighty percent or more of its

total sales. A thermostat manufacturer is not, by virtue of

manufacturing, a thermostat wholesaler.

* NB Repealed January 1, 2027