H0044B3953A07882       DMS:DM  06/23/08    #90             A07882
                        AMENDMENTS TO HOUSE BILL NO. 44
                                    Sponsor:  REPRESENTATIVE RUBLEY
                                           Printer's No. 3953

     1       Amend Sec. 3, page 3, by inserting after line 30
     2       "Retailer."  A business that sells thermostats of any kind
     3    directly to homeowners, other nonprofessionals or contractors
     4    through any selling or distribution mechanism, including, but
     5    not limited to, sales using the Internet or catalogs. A retailer
     6    may also be a wholesaler if the retailer meets the definition of
     7    wholesaler.

     8       Amend Sec. 5, page 4, line 19, by inserting after "shall"
     9               knowingly
    10       Amend Sec. 5, page 4, by inserting between lines 23 and 24
    11       (b)  Exception.--No operator of a solid waste treatment,
    12    processing or disposal facility shall be found to have knowingly
    13    disposed of a mercury thermostat if the facility has notified
    14    customers of the ban in writing and posted signs at the facility
    15    clearly noting the prohibition.

    16       Amend Sec. 5, page 4, line 25, by striking out "(B)" and
    17    inserting
    18               (c)
    19       Amend Sec. 6, page 8, line 29, by striking out "PUBLIC
    20    NOTICE" and inserting
    21               visible signage
    22       Amend Sec. 6, page 8, by inserting after line 30
    23           (4)  A wholesaler, retailer or contractor that sells
    24       mercury thermostats, but chooses not to act as a collection
    25       site or participate in a manufacturer collection program as a
    26       collection site, shall provide notice to consumers that
    27       recycling of mercury thermostats is required under
    28       Pennsylvania law and the notice shall include the specific
    29       names and locations of any collection sites within reasonably
    30       close proximity that recycle mercury thermostats.

    31       Amend Sec. 6, page 10, line 28, by removing the period after

     1    "mercury" and inserting
     2    , including a listing of department-approved collection sites. A
     3    list of department-approved collection sites shall also be
     4    distributed to wholesalers, retailers and contractors.

     5       Amend Sec. 7, page 13, line 18, by striking out "$10,000" and
     6    inserting
     7               $2,500
















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