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                                                       PRINTER'S NO. 967

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 830 Session of 2007


        INTRODUCED BY GREENLEAF, COSTA, RAFFERTY, WASHINGTON,
           TARTAGLIONE, C. WILLIAMS, FERLO AND FUMO, MAY 3, 2007

        REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 3, 2007

                                     AN ACT

     1  Prohibiting the sale and restricting the disposal of mercury
     2     thermostats; and prescribing penalties.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Mercury-Free
     7  Thermostat Act.
     8  Section 2.  Legislative findings.
     9     The General Assembly finds and declares as follows:
    10         (1)  Waterways throughout this Commonwealth have been
    11     placed under fish consumption advisory warnings due to high
    12     levels of mercury contamination.
    13         (2)  Mercury thermostats represent the largest amount of
    14     mercury in ordinary household products, with a single mercury
    15     thermostat often containing between three and five grams of
    16     mercury.
    17         (3)  A voluntary program to collect mercury thermostats


     1     from contractors created by three thermostat manufacturers
     2     has been operating in this Commonwealth since 2000.
     3         (4)  It is in the public interest to significantly
     4     increase the scope and effectiveness of existing mercury
     5     thermostat collection programs through enactment of a
     6     mandatory recycling law.
     7         (5)  Electronic programmable thermostats that do not
     8     contain mercury are readily available and can save consumers
     9     considerable money in home energy costs when used correctly.
    10         (6)  Snap switch thermostats that function like mercury
    11     thermostats but contain no mercury are also available.
    12  Section 3.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     "Department."  The Department of Environmental Protection of
    17  the Commonwealth.
    18     "Manufacturer."  The owner of a brand name on a thermostat.
    19     "Mercury thermostat."  A product or device that contains
    20  mercury or a mercury compound and is used to sense and control
    21  room temperature through communication with heating, ventilating
    22  or air-conditioning equipment. The term does not include such
    23  product or device used to sense and control temperature as part
    24  of a manufacturing process.
    25     "Wholesaler."  A business that the Department of
    26  Environmental Protection determines is primarily engaged in the
    27  distribution and wholesale selling of large quantities of
    28  heating, ventilation and air conditioning components to
    29  contractors who install heating, ventilation and air
    30  conditioning components.
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     1  Section 4.  Prohibition on sale of mercury thermostats.
     2     Beginning January 1, 2008, or one year after the effective
     3  date of this section, whichever occurs first, no person shall
     4  sell, offer for sale or distribute a mercury thermostat in this
     5  Commonwealth.
     6  Section 5.  Restrictions on disposal of mercury thermostats.
     7     (a)  Improper disposal prohibited.--
     8         (1)  Beginning one year after the effective date of this
     9     section, no person, municipality or operator of a solid waste
    10     treatment, processing or disposal facility shall dispose,
    11     permit the disposal of or send to a resource recovery
    12     facility for processing a mercury thermostat from which the
    13     mercury has not been removed for reuse, recycling or other
    14     methods approved by the department.
    15         (2)  This subsection shall not be construed to affect
    16     prior existing laws, rules or regulations more stringent than
    17     the provisions under paragraph (1) governing the disposal of
    18     mercury, mercury thermostats and other products containing
    19     mercury.
    20     (b)  Safe disposal education.--The department shall develop a
    21  plan for educating schools, local governments, businesses and
    22  the public on proper disposal methods for mercury thermostats
    23  and other products containing mercury.
    24  Section 6.  Collection programs required.
    25     (a)  Duty of manufacturers to establish.--Each manufacturer
    26  of mercury thermostats that have been sold in this Commonwealth
    27  shall, individually or collectively, establish and maintain a
    28  department-approved collection and recycling program for out-of-
    29  service mercury thermostats from contractors, service
    30  technicians and homeowners. The program may not involve any
    20070S0830B0967                  - 3 -     

     1  direct cost to contractors, service technicians or homeowners
     2  for participating in the program, except wholesalers and
     3  contractors may be assessed a one-time administrative fee for
     4  each authorized collection bin provided for their own use. The
     5  program shall be developed in a manner that ensures to the
     6  maximum extent that:
     7         (1)  The capture rate of out-of-service mercury
     8     thermostats is maximized.
     9         (2)  Adequate incentives and education are provided to
    10     contractors, service technicians and homeowners to encourage
    11     return of thermostats to established recycling collection
    12     points.
    13         (3)  Stakeholders, including representatives from
    14     thermostat wholesalers, service contractors, environmental
    15     groups, municipal government and housing agencies, are
    16     provided opportunity to provide feedback and suggestions
    17     during the program's development and implementation.
    18         (4)  The purchase of mercury-free programmable
    19     thermostats qualified by the Environmental Protection
    20     Agency's Energy Star program as replacements for mercury
    21     thermostats is encouraged.
    22         (5)  Mechanisms are in place to protect against the
    23     fraudulent return of thermostats.
    24         (6)  The handling and recycling of mercury thermostats is
    25     accomplished in a manner compliant with section 5 and all
    26     other applicable Federal, State and local requirements.
    27         (7)  Storage bins are provided that comply with
    28     applicable Federal and State universal waste requirements for
    29     mercury thermostat collection to all heating, ventilation and
    30     air conditioning supply, electrical supply and plumbing
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     1     supply distributor locations that sell thermostats in this
     2     Commonwealth.
     3         (8)  Storage bins are provided that comply with
     4     applicable Federal and State universal waste requirements for
     5     mercury thermostat collection to all municipalities and
     6     others requesting bins for mercury thermostat collection at
     7     universal waste collection sites or at periodic household
     8     hazardous waste collection events, as long as the collection
     9     sites or events are approved by the department for mercury
    10     thermostat collection.
    11         (9)  A plan is developed for educating local governments,
    12     contractors, wholesalers, retailers and the public to
    13     encourage the recycling of mercury thermostats.
    14         (10)  An annual report is submitted to the department
    15     each year, by a date to be determined by the department, that
    16     includes at a minimum:
    17             (i)  The number of mercury thermostats collected and
    18         recycled by that manufacturer pursuant to this section
    19         during the previous year.
    20             (ii)  The estimated total amount of mercury contained
    21         in the mercury components collected by that manufacturer
    22         pursuant to this section.
    23             (iii)  An evaluation of the effectiveness of the
    24         manufacturer's collection and recycling program and any
    25         incentives provided.
    26             (iv)  An accounting of the administrative costs
    27         incurred in the course of administering the collection
    28         and recycling program developed pursuant to this section.
    29         (11)  The program otherwise implements all aspects of the
    30     collection program as instructed by the department.
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     1     (b)  Special sales prohibition.--
     2         (1)  A manufacturer that violates this section is
     3     prohibited from offering any thermostat for sale in this
     4     Commonwealth.
     5         (2)  A manufacturer that violates this section shall
     6     provide the necessary support to retailers to ensure the
     7     manufacturer's thermostats are not offered for sale in this
     8     Commonwealth.
     9         (3)  A wholesaler or retailer may not offer for sale in
    10     this Commonwealth any thermostat of a manufacturer that
    11     violates this section.
    12     (c)  Wholesaler and retailer participation.--
    13         (1)  Beginning one year after the effective date of this
    14     section, a wholesaler or retailer may not sell a thermostat
    15     in this Commonwealth unless the wholesaler or retailer acts
    16     as a collection site for thermostats that contain mercury.
    17         (2)  A wholesaler or retailer may meet the requirements
    18     of this subsection by participating as a collection site in a
    19     manufacturer collection program as described under subsection
    20     (a) or by collecting thermostats that contain mercury and
    21     disposing of the collected thermostats in accordance with
    22     applicable Federal and State universal waste rules.
    23     (d)  Department oversight.--
    24         (1)  Each manufacturer shall submit to the department for
    25     review and approval the collection program required under
    26     subsection (a) no later than 90 days after the effective date
    27     of this section, except that the portion of the program
    28     applicable to homeowner collection shall be submitted no
    29     later than September 30, 2007. The proposed program may
    30     include appropriate enhancements to an existing program or a
    20070S0830B0967                  - 6 -     

     1     new program.
     2         (2)  Within 30 days after receipt of a manufacturer's
     3     collection program proposal, the department shall issue a
     4     public notice of the availability of the proposal and solicit
     5     public comment on it. Within 90 days after receipt of a
     6     proposal, the department shall approve, conditionally approve
     7     or disapprove the entire proposal.
     8         (3)  If the program proposal is approved, with or without
     9     conditions, the manufacturer or manufacturers shall begin
    10     implementing the program within 30 days after receipt of
    11     approval.
    12         (4)  If the entire plan is disapproved, the department
    13     shall inform the manufacturer as to the reasons for the
    14     disapproval. The manufacturer shall have 30 days thereafter
    15     to submit a new plan.
    16         (5)  If the new plan is disapproved following public
    17     notice and an opportunity to comment, the manufacturer shall
    18     be considered out of compliance for the purposes of
    19     subsection (c) beginning on the date the new plan is
    20     disapproved by the department.
    21         (6)  In conducting its duties under this subsection, the
    22     department shall take into account the experience of relevant
    23     thermostat collection programs in other states and approve a
    24     proposed manufacturer collection program if it contains terms
    25     and conditions sufficient for the department to conclude that
    26     the proposed program represents the best available approach
    27     to improve substantially mercury thermostat collection in
    28     this Commonwealth.
    29     (e)  Safe disposal education.--The department shall develop a
    30  plan for educating schools, local governments, businesses and
    20070S0830B0967                  - 7 -     

     1  the public on proper disposal methods for mercury thermostats
     2  and other products containing mercury.
     3     (f)  Goals.--
     4         (1)  By June 30, 2007, the department shall, in
     5     consultation with stakeholders, estimate how many mercury
     6     thermostats become out of service in this Commonwealth each
     7     year. The goal of the collection programs outlined in this
     8     section shall be to collect at least 50% of out-of-service
     9     mercury thermostats in calendar year 2009 and at least 80%
    10     per year in calendar year 2012 and thereafter.
    11         (2)  Should collection efforts fail to meet these goals,
    12     the department shall, in consultation with stakeholders,
    13     require alterations to collection programs in an attempt to
    14     improve collection rates in accordance with these goals.
    15         (3)  The department may alter any and all elements of the
    16     previously approved manufacturer collection programs,
    17     including, but not limited to, the size and nature of the
    18     incentives provided, the number and location of the
    19     collection points and the roles of thermostat manufacturers,
    20     wholesalers, retailers, service contractors and municipal
    21     governments in the collection programs, provided such
    22     alterations are not inconsistent with the requirements of
    23     this and other applicable laws.
    24     (g)  Reporting.--
    25         (1)  Within 90 days after receipt of the manufacturers'
    26     annual reports, the department shall publish information on
    27     its Internet website about the collection and recycling of
    28     mercury thermostats in this Commonwealth. This information
    29     shall include:
    30             (i)  An estimate of how many mercury thermostats go
    20070S0830B0967                  - 8 -     

     1         out of service in this Commonwealth each year.
     2             (ii)  A description of the collection programs
     3         established under this section.
     4             (iii)  Data on actual collection rates.
     5             (iv)  Any recommendations for changes concerning the
     6         collection and recycling of mercury thermostats.
     7         (2)  The Secretary of Environmental Protection may
     8     discontinue the requirement for the annual report pursuant to
     9     this subsection on finding that mercury thermostats no longer
    10     pose a threat to the environment and to public health.
    11  Section 7.  Penalties.
    12     The department may levy an administrative fine on a person
    13  who violates section 4 or 5. The fine shall not exceed $2,500
    14  for each violation.
    15  Section 8.  Effective date.
    16     This act shall take effect in one year.










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