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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mercury Thermostat Collection Act is amended
5by changing Sections 5, 10, 15, 20, 25, 30, and 40 as follows:
 
6    (415 ILCS 98/5)
7    (Section scheduled to be repealed on January 1, 2021)
8    Sec. 5. Legislative findings. The General Assembly finds
9that:
10    (1) many older thermostats used to activate heating and
11cooling equipment contain mercury as part of a tilt switch
12component in the thermostat;
13    (2) the total amount of mercury used in each of those
14thermostats averages about 4 grams;
15    (3) millions of mercury-containing thermostats are still
16in use in homes and businesses in the United States;
17    (4) mercury in those thermostats poses a risk to human
18health and the environment if those thermostats are not
19properly managed at the end of their useful life;
20    (5) the major thermostat manufacturers have established a
21voluntary program to facilitate the collection and proper
22management of mercury thermostats taken out of service;
23    (6) the annual average of mercury-containing thermostats

 

 

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1collected for recycling in Illinois under the existing
2voluntary collection program from 2006 to 2008 was 4,433;
3    (7) thousands of mercury-containing thermostats are taken
4out of service annually in the State;
5    (8) it is in the public interest to achieve a significant
6increase in the collection and proper management of mercury
7thermostats taken out of service in the State; .
8    (9) the manufacturers' program collects whole, intact
9mercury thermostats and warns against including loose mercury
10ampoules in collection bins, but participants frequently
11include loose mercury ampoules in collection bins.
12(Source: P.A. 96-1295, eff. 7-26-10.)
 
13    (415 ILCS 98/10)
14    (Section scheduled to be repealed on January 1, 2021)
15    Sec. 10. Definitions.
16    "Agency" means the Illinois Environmental Protection
17Agency.
18    "Board" means the Illinois Pollution Control Board.
19    "Collection program" means a system for the collection,
20transportation, recycling, and disposal of out-of-service
21mercury thermostats that is financed and managed or provided by
22a thermostat manufacturer individually or collectively with
23other thermostat manufacturers in accordance with this Act.
24    "Contractor" means a person engaged in the business of
25installation, service, or removal of heating, ventilation, and

 

 

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1air-conditioning components.
2    "Loose mercury ampoule" means an enclosed glass vessel that
3contains liquid mercury and has been removed intact from a
4mercury thermostat.
5    "Mercury thermostat" means a thermostat that meets the
6definition of a "mercury thermostat" under subsection (f) of
7Section 22.23b of the Environmental Protection Act.
8    "Out-of-service mercury thermostat" means a mercury
9thermostat that is removed, replaced, or otherwise taken out of
10service.
11    "Person" means any individual, partnership,
12co-partnership, firm, company, limited liability company,
13corporation, association, joint stock company, trust, estate,
14political subdivision, State agency, or any other legal entity,
15or its legal representatives, agents, or assigns.
16    "Qualified contractor" means a person engaged in the
17business of installation, service, or removal of heating,
18ventilation, and air-conditioning components who employs 7 or
19more service technicians or installers or who is located in an
20area outside of an urban area, as defined by the United States
21Bureau of the Census.
22    "Qualified local government authorities" means household
23hazardous waste facilities, solid waste management agencies,
24environmental management agencies, or departments of public
25health.
26    "Thermostat manufacturer" means a person who owns or owned

 

 

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1a name brand of one or more mercury thermostats sold in the
2State.
3    "Thermostat retailer" means a person who sells thermostats
4of any kind primarily to homeowners or other nonprofessionals
5through any sale or distribution mechanism, including, but not
6limited to, sales using the Internet or catalogs. A thermostat
7retailer that meets the definition of thermostat wholesaler
8shall be considered a thermostat wholesaler.
9    "Thermostat wholesaler" means a person who is engaged in
10the distribution and wholesale selling of heating,
11ventilation, and air-conditioning components, including, but
12not limited to, thermostats, to contractors, and whose total
13wholesale sales account for 80% or more of its total sales. A
14thermostat manufacturer, as defined in this Section, is not a
15thermostat wholesaler.
16(Source: P.A. 96-1295, eff. 7-26-10.)
 
17    (415 ILCS 98/15)
18    (Section scheduled to be repealed on January 1, 2021)
19    Sec. 15. Mercury thermostat collection programs.
20    (a) Each thermostat manufacturer shall, individually or
21collectively with other thermostat manufacturers, establish
22and maintain a collection program for the collection,
23transportation, and proper management of out-of-service
24mercury thermostats and loose mercury ampoules in accordance
25with the provisions of this Act.

 

 

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1    (b) Each thermostat manufacturer shall, individually or
2collectively with other thermostat manufacturers through a
3collection program, do the following:
4        (1) Compile On and after January 1, 2011, compile a
5    list of thermostat wholesalers in the State and offer each
6    thermostat wholesaler containers for the collection of
7    out-of-service mercury thermostats.
8        (2) Make On and after January 1, 2011, make collection
9    containers available to all qualified contractors,
10    thermostat wholesalers, thermostat retailers, and
11    qualified local government authorities in this State that
12    request a container. Each thermostat manufacturer shall
13    with each container include information regarding the
14    proper management of out-of-service mercury thermostats
15    and loose mercury ampoules as universal waste in accordance
16    with the collection program and Board's rules.
17        (3) Establish a system to collect, transport, and
18    properly manage out-of-service mercury thermostats and
19    loose mercury ampoules from all collection sites
20    established under this Section.
21        (4) Not include any fees or other charges to persons
22    participating in the program, except that each thermostat
23    wholesaler, qualified contractor, qualified local
24    government authority, or thermostat retailer that is
25    provided with one or more collection containers may be
26    charged a one-time program administration fee not to exceed

 

 

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1    $75 per collection container.
2        (5) From January 1, 2011, through December 31, 2013,
3    conduct education and outreach efforts, including, but not
4    limited to the following:
5            (A) create a public service announcement promoting
6        collection and proper management of out-of-service
7        mercury thermostats, copies of which shall be provided
8        to the Agency;
9            (B) establish and maintain a publicly accessible
10        website for the dissemination of educational materials
11        to promote the collection of out-of-service mercury
12        thermostats. This website shall include templates of
13        the educational materials on the Internet website in a
14        form and format that can be easily downloaded and
15        printed. The link to this website shall be provided to
16        the Agency;
17            (C) contact thermostat wholesalers at least once a
18        year to encourage their support and participation in
19        educating their customers on the importance of and
20        statutory requirements for the collection and proper
21        management of out-of-service mercury thermostats;
22            (D) develop and implement strategies to encourage
23        participating thermostat retailers to educate their
24        customers on the importance of and opportunities for
25        collecting and recycling out-of-service mercury
26        thermostats;

 

 

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1            (E) create and maintain a web-based program that
2        allows contractors and consumers to identify
3        collection sites for out-of-service mercury
4        thermostats by zip code in the State;
5            (F) prepare and mail to contractor associations a
6        postcard or other notice that provides information on
7        the collection program for out-of-service mercury
8        thermostats; and
9            (G) develop informational articles, press
10        releases, and news stories pertaining to the
11        importance of and opportunities for collecting and
12        recycling out-of-service mercury thermostats and
13        distribute those materials to trade publications,
14        local media, and stakeholder groups.
15        (6) Develop On or before January 1, 2011, develop and
16    update as necessary educational and other outreach
17    materials for distribution to contractors, contractor
18    associations, and consumers. Those materials shall be made
19    available for use by participating thermostat wholesalers,
20    thermostat retailers, contractors, and qualified local
21    government authorities. The materials shall include, but
22    not be limited to, the following:
23            (A) signage, such as posters and cling signage,
24        that can be prominently displayed to promote the
25        collection of out-of-service mercury thermostats to
26        contractors and consumers; and

 

 

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1            (B) written materials or templates of materials
2        for reproduction by thermostat wholesalers and
3        thermostat retailers to be provided to customers at the
4        time of purchase or delivery of a thermostat. The
5        materials shall include, but not be limited to,
6        information on the importance of properly managing
7        out-of-service mercury thermostats and opportunities
8        for the collection of those thermostats.
9        (7) Provide an opportunity for the Agency and other
10    interested stakeholders to offer feedback and suggestions
11    on the collection program.
12    (c) If the collection programs do not collectively achieve
13the collection goals provided for in Section 25 of this Act for
14calendar year 2013, 2015 or 2017, thermostat manufacturers
15shall, individually or collectively, submit to the Agency for
16review and approval proposed revisions to the collection
17programs that are designed to achieve the goals in subsequent
18calendar years. The proposed revisions shall be submitted to
19the Agency with the annual report required in Section 20 of
20this Act.
21    (d) Within 90 days after receipt of the proposed collection
22program revisions required under subsection (c) of this
23Section, the Agency shall review and (i) approve, (ii)
24disapprove, or (iii) approve with modifications the proposed
25collection program revisions.
26        (1) The Agency shall approve proposed revisions if the

 

 

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1    Agency determines that the revised collection programs
2    will collectively achieve the collection goals set forth in
3    Section 25 of this Act.
4        (2) If the Agency determines the revised collection
5    programs will not collectively achieve the collection
6    goals set forth in Section 25 of this Act, the Agency may
7    require modifications to one or more collection programs
8    that the Agency determines are necessary to achieve the
9    collection goals. Modifications required by the Agency may
10    include improvements to outreach and education conducted
11    under the collection program, expansion of the number and
12    location of collection sites established under the
13    program, modification of the roles of participants, and a
14    $5 financial incentive in the form of either cash or a
15    coupon offered by the manufacturer to contractors and
16    consumers for each out-of-service mercury thermostat
17    returned to a collection site.
18        (3) Prior to issuing any decision under this subsection
19    (d) the Agency shall consult with thermostat manufacturers
20    and other interested groups.
21        (4) Thermostat manufacturers shall begin the process
22    to implement collection program revisions approved by the
23    Agency, with or without modifications, within 90 days after
24    approval.
25        (5) If the program revisions are disapproved, the
26    Agency shall notify the thermostat manufacturers in

 

 

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1    writing as to the reasons for the disapproval. The
2    thermostat manufacturers shall have 35 days to submit a new
3    collection program revision.
4        (6) Any action by the Agency to disapprove or modify
5    proposed collection program revisions under this
6    subsection (d) shall be subject to appeal to the Board in
7    the same manner as provided for a permit decision under
8    Section 40 of the Environmental Protection Act.
9(Source: P.A. 96-1295, eff. 7-26-10.)
 
10    (415 ILCS 98/20)
11    (Section scheduled to be repealed on January 1, 2021)
12    Sec. 20. Reporting on collection efforts.
13    (a) No later than September 1, 2011, and no later than
14September 1 of each year thereafter, each thermostat
15manufacturer shall, individually or collectively with other
16thermostat manufacturers, submit a mid-term report on its
17collection program to the Agency covering the six-month period
18beginning on January 1st of the year in which the report is
19due. The mid-term report shall identify the number of
20out-of-service mercury thermostats and the number of loose
21mercury ampoules collected under the program and a listing of
22all collection sites in the State.
23    (b) No later than April 1, 2012, and no later than April 1
24of each year thereafter, each thermostat manufacturer shall,
25individually or collectively with other thermostat

 

 

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1manufacturers, submit an annual report on its collection
2program to the Agency covering the one-year period ending
3December 31st of the previous year. Each report shall be posted
4on the manufacturer's or program operator's respective
5internet website. The annual report shall include, but not be
6limited to, the following:
7        (1) the number of out-of-service mercury thermostats
8    collected and managed under this Act during the previous
9    calendar year;
10        (1.1) for the annual report due on April 1, 2016, and
11    for each annual report due thereafter, the number of loose
12    mercury ampoules collected and managed under this Act
13    during the previous calendar year;
14        (2) the estimated total amount of mercury contained in
15    the out-of-service mercury thermostats collected under
16    this Act during the previous calendar year;
17        (2.1) for the annual report due on April 1, 2016, and
18    for each annual report due thereafter, the estimated total
19    amount of mercury contained in the loose mercury ampoules
20    collected under this Act during the previous calendar year;
21        (3) an evaluation of the effectiveness of the
22    collection program;
23        (4) a list of all thermostat wholesalers, contractors,
24    qualified local government authorities, and thermostat
25    retailers participating in the program as mercury
26    thermostat collection sites and the number of

 

 

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1    out-of-service mercury thermostats returned by each;
2        (5) an accounting of the program's administrative
3    costs;
4        (6) a description of outreach strategies employed
5    under item (5) of subsection (b) of Section 15 of this Act;
6        (7) examples of outreach and educational materials
7    used under item (6) of subsection (b) of Section 15 of this
8    Act;
9        (8) the Internet website address or addresses where the
10    annual report may be viewed online;
11        (9) a description of how the out-of-service mercury
12    thermostats and loose mercury ampoules were managed;
13        (10) any modifications that the thermostat
14    manufacturer has made or is planning to make in its
15    collection program; and
16        (11) the identification of a collection program
17    contact and the business phone number, mailing address, and
18    e-mail address for the contact.
19(Source: P.A. 96-1295, eff. 7-26-10.)
 
20    (415 ILCS 98/25)
21    (Section scheduled to be repealed on January 1, 2021)
22    Sec. 25. Collection goals. The collection programs
23established by thermostat manufacturers under this Act shall be
24designed to collectively achieve the following statewide
25goals:

 

 

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1    (a) For calendar year 2011, the collection of least 5,000
2mercury thermostats taken out of service in the State during
3the calendar year.
4    (b) For calendar years 2012, 2013, and 2014, the collection
5of at least 15,000 mercury thermostats taken out of service in
6the State during each calendar year.
7    (c) For calendar years 2015 through 2020, the collection
8goals shall be established by the Agency. The Agency shall
9establish collection goals no later than November 1, 2014. The
10collection goals established by the Agency shall maximize the
11annual collection of out-of-service mercury thermostats in the
12State. In developing the collection goals, the Agency shall
13take into account, at a minimum, (i) the effectiveness of
14collection programs for out-of-service mercury thermostats in
15the State and other states, including education and outreach
16efforts, (ii) collection requirements in other states, (iii)
17any reports or studies on the number of out-of-service mercury
18thermostats that are available for collection in this State,
19other states, and nationally, and (iv) other factors. Prior to
20establishing the collection goals, the Agency shall consult
21with stakeholder groups that include, at a minimum,
22representatives of thermostat manufacturers, environmental
23groups, thermostat wholesalers, contractors, and thermostat
24retailers.
25    (d) The collection goals established by the Agency under
26subsection (c) of this Section are statements of general

 

 

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1applicability under Section 1-70 of the Illinois
2Administrative Procedure Act and shall be adopted in accordance
3with the procedures of that Act. Any person adversely affected
4by a goal established by the Agency under subsection (c) of
5this Section may obtain a determination of the validity or
6application of the goal by filing a petition for review within
735 days after the date the adopted goal is published in the
8Illinois Register pursuant to subsection (d) of Section 40 of
9the Illinois Administrative Procedure Act. Review shall be
10afforded directly in the Appellate Court for the District in
11which the cause of action arose and not the Circuit Court.
12During the pendency of the review, the goal under review shall
13remain in effect.
14    (e) For the purposes of determining compliance with the
15collection goals established under this Section, for calendar
16year 2015 and for each calendar year thereafter, the number of
17out-of-service mercury thermostats represented by loose
18ampoules shall be calculated:
19        (1) using a conversion factor such that each loose
20    mercury ampoule collected shall be deemed the equivalent of
21    0.85 mercury thermostats; or
22        (2) using an alternative conversion factor determined
23    by the manufacturer or group of manufacturers.
24    A manufacturer or group of manufacturers shall include data
25and calculations to support its use of an alternative
26conversion factor.

 

 

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1(Source: P.A. 96-1295, eff. 7-26-10; 97-333, eff. 8-12-11.)
 
2    (415 ILCS 98/30)
3    (Section scheduled to be repealed on January 1, 2021)
4    Sec. 30. Management of out-of-service mercury thermostats
5and loose mercury ampoules. All contractors, thermostat
6wholesalers, thermostat manufacturers, and thermostat
7retailers participating in the program shall handle and manage
8the out-of-service mercury thermostats and loose mercury
9ampoules in a manner that is consistent with the provisions of
10the universal waste regulations adopted by the Board.
11(Source: P.A. 96-1295, eff. 7-26-10.)
 
12    (415 ILCS 98/40)
13    (Section scheduled to be repealed on January 1, 2021)
14    Sec. 40. Agency responsibilities.
15    (a) The No later than June 1, 2011, the Agency shall
16maintain on its website information regarding the collection
17and proper management of out-of-service mercury thermostats
18and loose mercury ampoules in the State. The information shall
19include, but is not limited to, the following:
20        (1) a description of the collection programs
21    established under this Act;
22        (2) a report on the progress towards achieving the
23    statewide collection goals set forth in Section 25 of this
24    Act; and

 

 

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1        (3) a list of all thermostat wholesalers, contractors,
2    qualified local government authorities, and thermostat
3    retailers participating in the program as collection
4    sites.
5    (b) No later than November 1, 2019, the Agency shall submit
6a written report to the Governor and General Assembly regarding
7the effectiveness of the collection programs established under
8this Act, information on the number of out-of-service
9thermostats and loose mercury ampoules collected, how the
10out-of-service thermostats and loose mercury ampoules were
11managed, and an estimate of the number of thermostats that are
12available for collection. The Agency shall use this information
13to recommend whether the sunset date specified in Section 55
14for this Act should be extended, along with any other statutory
15changes. In preparing the report, the Agency shall consult with
16mercury thermostat manufacturers, environmental organizations,
17and other interest groups.
18    (c) In conjunction with the educational and outreach
19programs implemented by the thermostat manufacturers under
20this Act, the Agency shall conduct outreach to promote the
21collection and proper management of out-of-service mercury
22thermostats and loose mercury ampoules.
23(Source: P.A. 96-1295, eff. 7-26-10.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.