SB2813 96TH GENERAL ASSEMBLY

LRB096 19372 JDS 34763 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2813

Introduced 1/28/2010, by Sen. Mattie Hunter

SYNOPSIS AS INTRODUCED:

New Act

Creates the Mercury Thermostat Collection Act. Requires certain thermostat manufacturers, not later than October 1, 2011, to submit to the Illinois Environmental Protection Agency a plan that describes a collection and financial incentive program for mercury thermostats. Requires these manufacturers, no later than January 1, 2012, to implement the Agency-approved plan and to report certain information about their collection efforts by April 1, 2012 and April 1 of each year thereafter. Prohibits, beginning on April 1, 2011, a thermostat wholesaler from selling or distributing thermostats unless it acts as a collection site for thermostats that contain mercury, participates in an education and outreach program to educate consumers on the collection program for mercury thermostats, and meets other requirements. Provides that manufacturers, thermostat wholesalers, and thermostat retailers are subject to certain sales prohibitions beginning on April 1, 2011. Provides for public comment on manufacturer plans. Requires the Agency to post certain information on its website, conduct an educational program, and report certain information about the program to the legislature. Authorizes the Agency to modify manufacturer plans and conduct certain investigations. Defines "Agency", "Board", "out-of-service mercury thermostat", "person", "thermostat manufacturer", "thermostat retailer", and "thermostat wholesaler". Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Mercury Thermostat Collection Act.

Section 5. Legislative findings. The General Assembly finds that:

(1) each mercury thermostat contains 3 to 5 grams of mercury;

(2) mercury is a persistent and toxic pollutant that bioaccumulates in the environment and threatens public health;

(3) mercury-containing thermostats release mercury into the environment when handled or disposed of inappropriately; and

(4) in order to address these threats to public health and the environment the intent of this Act is to achieve a significant increase in the management and recycling of mercury thermostats and the related education programs.

Section 10. Definitions.

"Agency" means the Illinois Environmental Protection Agency.

"Board" means the Illinois Pollution Control Board.

"Mercury thermostat" means a thermostat that meets the definition of "mercury thermostat" under Section 22.23b of the Environmental Protection Act.

"Out-of-service mercury thermostat" means a mercury thermostat that is removed, replaced, or otherwise taken out of service.

"Person" means any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity or its legal representatives, agents, or assigns.

"Thermostat manufacturer" means a person that owns or owned a name brand of one or more mercury thermostats sold in the State.

"Thermostat retailer" means a person who sells thermostats of any kind directly to homeowners or other nonprofessionals through any selling or distribution mechanism, including, but not limited to, sales using the Internet or catalogs. A retailer may also be a wholesaler if it meets the definition of wholesaler.

"Thermostat wholesaler" means a person that is engaged in the distribution and wholesale sale of heating, ventilation, and air-conditioning components to contractors who install heating, ventilation, and air-conditioning components.

Section 15. Mercury thermostat collection programs.

(a) Manufacturer responsibility. Each thermostat manufacturer that has offered for final sale, sold at final sale, or has distributed mercury-containing thermostats in Illinois shall, individually or collectively:

(1) Not later than October 1, 2011, submit a plan to the Agency for approval that describes a collection and financial incentive program for mercury thermostats. The program contained in this plan shall ensure that the following take place:

(A) That an effective education and outreach program shall be developed and shall be directed toward wholesalers, retailers, contractors, units of local government, and homeowners. There shall be no cost to thermostat wholesalers or thermostat retailers for education and outreach materials.

(B) That handling and recycling of mercury-containing thermostats are accomplished in a manner that is consistent with the provisions of the universal waste regulations adopted by the Board.

(C) That containers for out-of-service mercury-containing thermostat collection are provided to all thermostat wholesalers and to those units of local government, retailers, and contractors that request a container. The cost to thermostat wholesalers, units of local government, retailers, and contractors that request a container shall be limited to an initial one-time fee per container as specified in the plan.

(D) That collection systems are provided to all collection points registered pursuant to subdivision (d)(3) of this Section. Collection systems can include individual product mail back or multiple collection containers. The cost to registered collection points shall be limited to an initial one-time fee not to exceed $75 per container as specified in the plan.

(E) That a financial incentive is established with a minimum value of $5.00 for the return of each mercury-containing thermostat to a thermostat wholesaler by a contractor or service technician. The financial incentive shall be in the form of cash or coupons that are redeemable by the contractor or service technician.

(F) That a financial incentive is established with a minimum value of $5.00 to homeowners or nonprofessionals for the return of each mercury-containing thermostat to a collection point registered with the Agency. The financial incentive shall be in the form of cash or in the form of a coupon that can be redeemed for cash from the manufacturer or can be redeemed for a credit toward purchase of general merchandise in the retail location where the thermostat was returned.

(G) That mechanisms to protect against the fraudulent return of thermostats are established.

(2) No later than January 1, 2012, implement a mercury thermostat collection plan approved by the Agency under subdivision (d)(1) of this Section.

(3) Beginning in 2012, submit an annual report to the Agency by April 1 of each year that includes, at a minimum, all of the following:

(A) The number of mercury-containing thermostats collected and recycled by that manufacturer under this Section during the previous calendar year, and the number for each state within the United States.

(B) The estimated total amount of mercury contained in the thermostat components collected by that manufacturer under this Section in the previous calendar year, and the amount for each state within the United States.

(C) An evaluation of the effectiveness of the manufacturer's collection program and the financial incentive.

(D) An accounting of the administrative costs incurred in the course of administering the collection and recycling program and the financial incentive plan.

(b) Thermostat wholesaler and thermostat retailer responsibilities.

(1) By April 1, 2011, a thermostat wholesaler shall not offer for final sale, sell at final sale, or distribute thermostats unless the wholesaler:

(A) acts as a collection site for thermostats that contain mercury; and

(B) promotes and utilizes the collection containers provided by thermostat manufacturers to facilitate a contractor collection program as established by subsection (a) of this Section, and all other tasks as needed to establish and maintain a cost-effective manufacturer collection and financial incentive program.

(2) By April 1, 2011, a thermostat retailer shall not offer for final sale, sell, or distribute thermostats in the State unless the thermostat retailer participates in an education and outreach program to educate consumers on the collection program for mercury thermostats.

(c) Sales prohibition. Beginning April 1, 2011, the following sales prohibitions shall apply to manufacturers, thermostat wholesalers, and thermostat retailers:

(1) A manufacturer not in compliance with this Section is prohibited from offering any thermostat for final sale in the State, selling any thermostat at final sale in the State, or distributing any thermostat in the State. A manufacturer not in compliance with this Section shall provide the necessary support to thermostat wholesalers and thermostat retailers to ensure the manufacturer's thermostats are not offered for final sale, sold at final sale, or distributed in this State.

(2) A thermostat wholesaler or thermostat retailer shall not offer for final sale, sell at final sale, or distribute in this State any thermostat of a manufacturer that is not in compliance with this Section.

(d) Agency responsibilities.

(1) Within 60 days after receipt of a complete application from a manufacturer, the Agency shall review and may grant, deny, or approve with modifications a manufacturer plan required by subdivision (a)(1) of this Section. The Agency shall not approve a plan unless all elements of subdivision (a)(1) are adequately addressed. In reviewing a plan, the Agency may consider consistency of the plan with collection and financial incentive requirements in other states and consider consistency between manufacturer collection programs. In reviewing plans, the Agency shall ensure that education and outreach programs are uniform and consistent to ensure ease of implementation by thermostat wholesalers and thermostat retailers.

(2) The Agency shall establish a process under which a plan submitted by a manufacturer is, prior to plan approval, made available for public review and comment for 30 days. The Agency shall consult with interested persons, including representatives from thermostat manufacturers, environmental groups, thermostat wholesalers, thermostat retailers, service contractors, units of local government, and solid waste agencies.

(3) The Agency shall maintain and post on the Agency's website a list of wholesalers, units of local government, solid waste districts, and thermostat retailers who wish to register as collection points for mercury thermostats.

(4) In conjunction with the educational and outreach programs implemented by manufacturers, the Agency shall conduct an education and outreach program directed toward wholesalers, retailers, contractors, and homeowners to promote the collection of discarded mercury-containing thermostats.

(5) By January 15, 2012, and annually thereafter, the Agency shall submit a report on the collection and recycling of mercury-containing thermostats to the General Assembly and the Chairs of the Senate Environment Committee and the House Energy and Environment Committee. The report due in 2012 must include a description and discussion of the financial incentive plan established under this Section and recommendations for any statutory changes concerning the collection and recycling of mercury-containing thermostats. Subsequent reports must include an evaluation of the effectiveness of the thermostat collection and recycling programs established under this Section, information on actual collection rates, and recommendations for any statutory changes concerning the collection and recycling of mercury-containing thermostats. These reporting requirements may be combined with other reports on mercury that the agency is required to provide to the general assembly.

(e) Rate of collection. By July 1, 2011, the Agency shall estimate the number of out-of-service thermostats generated in Illinois each year, in consultation with interested persons, including representatives from thermostat manufacturers, thermostat wholesalers, thermostat retailers, service contractors, environmental groups, units of local government, and solid waste districts. Beginning July 1, 2012, should collection efforts fail to result in the collection and recycling of at least 65 percent of the out-of-service mercury-containing thermostats in the State, the Agency shall, in consultation with interested persons, require modifications to manufacturers' collection plans in an attempt to improve collection rates in accordance with these goals. The Agency or its representatives may inspect manufacturer records, request the performance of third-party audits, or undertake other investigatory activities as may be necessary to determine or verify historic mercury thermostat sales or collection program effectiveness data.

Section 99. Effective date. This Act takes effect upon becoming law.