Illinois General Assembly - Full Text of SB0679
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Full Text of SB0679  99th General Assembly




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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 and by
6adding Section 51 as follows:
7    (415 ILCS 98/5)
8    (Section scheduled to be repealed on January 1, 2021)
9    Sec. 5. Legislative findings. The General Assembly finds
11    (1) many older thermostats used to activate heating and
12cooling equipment contain mercury as part of a tilt switch
13component in the thermostat;
14    (2) the total amount of mercury used in each of those
15thermostats averages about 4 grams;
16    (3) millions of mercury-containing thermostats are still
17in use in homes and businesses in the United States;
18    (4) mercury in those thermostats poses a risk to human
19health and the environment if those thermostats are not
20properly managed at the end of their useful life;
21    (5) the major thermostat manufacturers have established a
22voluntary program to facilitate the collection and proper
23management of mercury thermostats taken out of service;



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15    (Section scheduled to be repealed on January 1, 2021)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



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1in subsection (d) of Section 10.09-1 of the Capital Development
2Board Act.
3    "Contractor" means a person engaged in the business of
4installation, service, or removal of heating, ventilation, and
5air-conditioning components.
6    "Loose mercury ampoule" means an enclosed glass vessel that
7contains liquid mercury and has been removed intact from a
8mercury thermostat.
9    "Mercury thermostat" means a thermostat that meets the
10definition of a "mercury thermostat" under subsection (f) of
11Section 22.23b of the Environmental Protection Act.
12    "Out-of-service mercury thermostat" means a mercury
13thermostat that is removed, replaced, or otherwise taken out of
15    "Person" means any individual, partnership,
16co-partnership, firm, company, limited liability company,
17corporation, association, joint stock company, trust, estate,
18political subdivision, State agency, or any other legal entity,
19or its legal representatives, agents, or assigns.
20    "Qualified contractor" means a person engaged in the
21business of installation, service, or removal of heating,
22ventilation, and air-conditioning components who employs 7 or
23more service technicians or installers or who is located in an
24area outside of an urban area, as defined by the United States
25Bureau of the Census.
26    "Qualified local government authorities" means household



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



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



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



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



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



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1Section, the Agency shall review and (i) approve, (ii)
2disapprove, or (iii) approve with modifications the proposed
3collection program revisions.
4        (1) The Agency shall approve proposed revisions if the
5    Agency determines that the revised collection programs
6    will collectively achieve the collection goals set forth in
7    Section 25 of this Act.
8        (2) If the Agency determines the revised collection
9    programs will not collectively achieve the collection
10    goals set forth in Section 25 of this Act, the Agency may
11    require modifications to one or more collection programs
12    that the Agency determines are necessary to achieve the
13    collection goals. Modifications required by the Agency may
14    include improvements to outreach and education conducted
15    under the collection program, expansion of the number and
16    location of collection sites established under the
17    program, modification of the roles of participants, and a
18    $5 financial incentive in the form of either cash or a
19    coupon offered by the manufacturer to contractors and
20    consumers for each out-of-service mercury thermostat
21    returned to a collection site.
22        (3) Prior to issuing any decision under this subsection
23    (d) the Agency shall consult with thermostat manufacturers
24    and other interested groups.
25        (4) Thermostat manufacturers shall begin the process
26    to implement collection program revisions approved by the



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1    Agency, with or without modifications, within 90 days after
2    approval.
3        (5) If the program revisions are disapproved, the
4    Agency shall notify the thermostat manufacturers in
5    writing as to the reasons for the disapproval. The
6    thermostat manufacturers shall have 35 days to submit a new
7    collection program revision.
8        (6) Any action by the Agency to disapprove or modify
9    proposed collection program revisions under this
10    subsection (d) shall be subject to appeal to the Board in
11    the same manner as provided for a permit decision under
12    Section 40 of the Environmental Protection Act.
13(Source: P.A. 96-1295, eff. 7-26-10.)
14    (415 ILCS 98/20)
15    (Section scheduled to be repealed on January 1, 2021)
16    Sec. 20. Reporting on collection efforts.
17    (a) No later than September 1, 2011, and no later than
18September 1 of each year thereafter, each thermostat
19manufacturer shall, individually or collectively with other
20thermostat manufacturers, submit a mid-term report on its
21collection program to the Agency covering the six-month period
22beginning on January 1st of the year in which the report is
23due. The mid-term report shall identify the number of
24out-of-service mercury thermostats and the number of loose
25mercury ampoules collected under the program and a listing of



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1all collection sites in the State.
2    (b) No later than April 1, 2012, and no later than April 1
3of each year thereafter, each thermostat manufacturer shall,
4individually or collectively with other thermostat
5manufacturers, submit an annual report on its collection
6program to the Agency covering the one-year period ending
7December 31st of the previous year. Each report shall be posted
8on the manufacturer's or program operator's respective
9internet website. The annual report shall include, but not be
10limited to, the following:
11        (1) the number of out-of-service mercury thermostats
12    collected and managed under this Act during the previous
13    calendar year;
14        (1.1) for the annual report due on April 1, 2016, and
15    for each annual report due thereafter, the number of loose
16    mercury ampoules collected and managed under this Act
17    during the previous calendar year;
18        (2) the estimated total amount of mercury contained in
19    the out-of-service mercury thermostats collected under
20    this Act during the previous calendar year;
21        (2.1) for the annual report due on April 1, 2016, and
22    for each annual report due thereafter, the estimated total
23    amount of mercury contained in the loose mercury ampoules
24    collected under this Act during the previous calendar year;
25        (3) an evaluation of the effectiveness of the
26    collection program;



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



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



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1groups, thermostat wholesalers, contractors, and thermostat
3    (d) The collection goals established by the Agency under
4subsection (c) of this Section are statements of general
5applicability under Section 1-70 of the Illinois
6Administrative Procedure Act and shall be adopted in accordance
7with the procedures of that Act. Any person adversely affected
8by a goal established by the Agency under subsection (c) of
9this Section may obtain a determination of the validity or
10application of the goal by filing a petition for review within
1135 days after the date the adopted goal is published in the
12Illinois Register pursuant to subsection (d) of Section 40 of
13the Illinois Administrative Procedure Act. Review shall be
14afforded directly in the Appellate Court for the District in
15which the cause of action arose and not the Circuit Court.
16During the pendency of the review, the goal under review shall
17remain in effect.
18    (e) For the purposes of determining compliance with the
19collection goals established under this Section, for calendar
20year 2015 and for each calendar year thereafter, the number of
21out-of-service mercury thermostats represented by loose
22ampoules shall be calculated:
23        (1) using a conversion factor such that each loose
24    mercury ampoule collected shall be deemed the equivalent of
25    0.85 mercury thermostats; or
26        (2) using an alternative conversion factor determined



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



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



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1(Source: P.A. 96-1295, eff. 7-26-10.)
2    (415 ILCS 98/51 new)
3    Sec. 51. Removal of mercury thermostats from commercial
4buildings prior to demolition. Beginning January 1, 2016, no
5person shall demolish a commercial building unless (i) all
6mercury thermostats have been removed from the building and
7(ii) the person who removed the thermostats from the building
8has arranged for them to be delivered to a collection site
9established under this Act.
10    Section 99. Effective date. This Act takes effect upon
11becoming law.