N.Y. Environmental Conservation Law § 27-2903: Mercury-containing thermostat collection

* § 27-2903. Mercury-containing thermostat collection.

1. Each thermostat manufacturer shall, individually or collectively,

with other thermostat manufacturers, establish and maintain a program

for the collection, transportation, recycling, disposal and proper

management of out-of-service mercury thermostats in accordance with the

provisions of this section.

2. Each thermostat manufacturer shall, individually or collectively

with other thermostat manufacturers through a collection program, do the

following:

(a) On and after July first, two thousand fourteen, compile a list of

thermostat wholesalers in the state and offer each thermostat wholesaler

containers for the collection of out-of-service mercury thermostats.

(b) On and after July first, two thousand fourteen, make collection

containers available to all qualified contractors, thermostat

wholesalers, thermostat retailers, and qualified local government

authorities that request a container. Each thermostat manufacturer shall

with each container include information regarding the proper management

of out-of-service mercury thermostats.

(c) Establish a system to collect, transport, recycle, dispose and

properly manage out-of-service mercury thermostats from all collection

sites.

(d) Not include any fees or other charges to consumers or persons

participating in the program. Each thermostat wholesaler, qualified

contractor, qualified local government authority, or thermostat retailer

that is provided with one or more collection containers may be charged a

fee not to exceed twenty-six dollars to replace any collection container

that is misplaced, stolen or otherwise lost.

(e) Beginning July first, two thousand fourteen, conduct education and

outreach efforts, including, but not limited to the following:

(i) establish and maintain a public website for the dissemination of

educational materials to promote the collection of out-of-service

mercury thermostats. This website shall include templates of the

educational materials on the internet website in a form and format that

can be easily downloaded and printed. The link to this website shall be

provided to the department;

(ii) contact thermostat wholesalers at least once a year to encourage

their support and participation in educating customers on the importance

of statutory requirements for the collection and proper management of

out-of-service mercury thermostats;

(iii) create and maintain a web-based program that allows contractors

and consumers to identify collection sites for out-of-service mercury

thermostats in the state and provide a list of collection sites to the

department; and

(iv) develop informational articles, press releases, and news stories

pertaining to the importance of and opportunities for collecting and

recycling out-of-service mercury thermostats and distribute those

materials to trade publications, local media, and stakeholder groups.

(f) On or before July first, two thousand fourteen, develop and update

as necessary educational and other outreach materials for distribution

to contractors, contractor associations and consumers. These materials

shall be made available for use by participating thermostat wholesalers,

thermostat retailers, contractors, and qualified government authorities.

The materials shall include, but not be limited to, the following:

(i) signage, such as posters and cling signage, that can be

prominently displayed to promote the collection of out-of-service

mercury thermostats to contractors and consumers; and

(ii) written materials or templates of materials for reproduction by

thermostat wholesalers and thermostat retailers to be provided to

customers at the time of purchase or delivery of a thermostat. The

materials shall include, but not be limited to, information on the

importance of properly managing out-of-service mercury thermostats and

opportunities for the collection of these thermostats.

(g) Provide an opportunity for the department to review and offer

feedback and suggestions on the collection program.

3. The collection programs established by thermostat manufacturers

under this section shall be designed to achieve collectively the

following statewide goals:

(a) For calendar year two thousand fifteen, the collection of no less

than fifteen thousand five hundred out-of-service mercury thermostats;

(b) For calendar years two thousand sixteen through two thousand

twenty-three, the collection goals shall be established by the

department. The department shall establish collection goals no later

than October first, two thousand fifteen. The collection goals

established by the department shall achieve the maximum feasible number

of out-of-service mercury thermostats in the state. In developing the

collection goals, the department shall take into account, at a minimum,

(i) the effectiveness of collection programs for out-of-service mercury

thermostats in the state and other states, including education and

outreach efforts, (ii) collection requirements in other states,

including those states with the highest collection goals, (iii) any

reports or studies on the number of out-of-service mercury thermostats

that are available for collection in this state, other states, and

nationally, and (iv) other relevant factors. Prior to establishing the

collection goals, the department shall consult with stakeholder groups

that include, at a minimum, representatives of thermostat manufacturers,

environmental groups, municipal recyclers, thermostat wholesalers,

qualified contractors, and thermostat retailers.

(c) Thermostat manufacturers shall implement any collection program

revisions approved by the department within ninety days.

4. If the collection programs do not collectively achieve the

collection goals provided for in subdivision three of this section for

calendar year two thousand fifteen or any year thereafter the

department, after conducting stakeholder consultations, may require

modifications to one or more collection programs that the department

determines are necessary to achieve the collection goals. Modifications

required by the department may include improvements to outreach and

education conducted under the collection program, expansion of the

number and location of collection sites established under the program,

modification of the roles of participants, and a five dollar financial

incentive in the form of either cash or coupon offered by the

manufacturer to contractors and consumers for each out-of-service

mercury thermostat returned to a collection site.

5. No later than April first, two thousand fifteen, and no later than

April first of each year thereafter, each thermostat manufacturer shall,

individually or collectively with other thermostat manufacturers, submit

an annual report on its collection program to the department covering

the one-year period ending December thirty-first of the previous year.

Each report shall be posted on the manufacturer's or program operator's

respective internet website. The annual report shall include the

following:

(a) the number of out-of-service mercury thermostats collected and

managed under this section during the previous calendar year;

(b) the estimated total amount of mercury contained in the

out-of-service mercury thermostats collected under this section during

the previous calendar year;

(c) a list of all thermostat wholesalers, contractors, qualified local

government authorities, and thermostat retailers participating in the

program as mercury thermostat collection sites and the number of

out-of-service mercury thermostats returned by each;

(d) an accounting of the program's administrative costs;

(e) a description of outreach strategies employed under paragraph (e)

of subdivision two of this section;

(f) examples of outreach and educational materials used under

paragraph (e) of subdivision two of this section;

(g) the internet website address of addresses where the annual report

may be viewed online;

(h) a description of how the out-of-service mercury thermostats were

managed;

(i) any modifications that the thermostat manufacturer is planning to

make in its collection program; and

(j) the identification of a collection program contact and the

business phone number, mailing address, and e-mail address for the

contact.

6. 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 requirements for the disposal of hazardous waste.

7. On and after July first, two thousand fourteen, no thermostat

wholesaler shall sell, offer to sell, distribute, or offer to distribute

thermostats unless the wholesaler participates as a collection site for

out-of-service mercury thermostats or requests and receives a waiver

from the department following a demonstration that such participation

would pose an undue burden.

* NB Repealed January 1, 2027