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


Sen. Heather A. Steans

Filed: 3/11/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 679 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Mercury Thermostat Collection Act is
5amended by changing Sections 5, 10, 15, 20, 25, 30, and 40 as
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8    (Section scheduled to be repealed on January 1, 2021)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



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1in use in homes and businesses in the United States;
2    (4) mercury in those thermostats poses a risk to human
3health and the environment if those thermostats are not
4properly managed at the end of their useful life;
5    (5) the major thermostat manufacturers have established a
6voluntary program to facilitate the collection and proper
7management of mercury thermostats taken out of service;
8    (6) the annual average of mercury-containing thermostats
9collected for recycling in Illinois under the existing
10voluntary collection program from 2006 to 2008 was 4,433;
11    (7) thousands of mercury-containing thermostats are taken
12out of service annually in the State;
13    (8) it is in the public interest to achieve a significant
14increase in the collection and proper management of mercury
15thermostats taken out of service in the State; .
16    (9) the manufacturers' program collects whole, intact
17mercury thermostats and warns against including loose mercury
18ampoules in collection bins, but participants frequently
19include loose mercury ampoules in collection bins.
20(Source: P.A. 96-1295, eff. 7-26-10.)
21    (415 ILCS 98/10)
22    (Section scheduled to be repealed on January 1, 2021)
23    Sec. 10. Definitions.
24    "Agency" means the Illinois Environmental Protection



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1    "Board" means the Illinois Pollution Control Board.
2    "Collection program" means a system for the collection,
3transportation, recycling, and disposal of out-of-service
4mercury thermostats that is financed and managed or provided by
5a thermostat manufacturer individually or collectively with
6other thermostat manufacturers in accordance with this Act.
7    "Contractor" means a person engaged in the business of
8installation, service, or removal of heating, ventilation, and
9air-conditioning components.
10    "Loose mercury ampoule" means an enclosed glass vessel that
11contains liquid mercury and has been removed intact from a
12mercury thermostat.
13    "Mercury thermostat" means a thermostat that meets the
14definition of a "mercury thermostat" under subsection (f) of
15Section 22.23b of the Environmental Protection Act.
16    "Out-of-service mercury thermostat" means a mercury
17thermostat that is removed, replaced, or otherwise taken out of
19    "Person" means any individual, partnership,
20co-partnership, firm, company, limited liability company,
21corporation, association, joint stock company, trust, estate,
22political subdivision, State agency, or any other legal entity,
23or its legal representatives, agents, or assigns.
24    "Qualified contractor" means a person engaged in the
25business of installation, service, or removal of heating,
26ventilation, and air-conditioning components who employs 7 or



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1more service technicians or installers or who is located in an
2area outside of an urban area, as defined by the United States
3Bureau of the Census.
4    "Qualified local government authorities" means household
5hazardous waste facilities, solid waste management agencies,
6environmental management agencies, or departments of public
8    "Thermostat manufacturer" means a person who owns or owned
9a name brand of one or more mercury thermostats sold in the
11    "Thermostat retailer" means a person who sells thermostats
12of any kind primarily to homeowners or other nonprofessionals
13through any sale or distribution mechanism, including, but not
14limited to, sales using the Internet or catalogs. A thermostat
15retailer that meets the definition of thermostat wholesaler
16shall be considered a thermostat wholesaler.
17    "Thermostat wholesaler" means a person who is engaged in
18the distribution and wholesale selling of heating,
19ventilation, and air-conditioning components, including, but
20not limited to, thermostats, to contractors, and whose total
21wholesale sales account for 80% or more of its total sales. A
22thermostat manufacturer, as defined in this Section, is not a
23thermostat wholesaler.
24(Source: P.A. 96-1295, eff. 7-26-10.)
25    (415 ILCS 98/15)



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1    (Section scheduled to be repealed on January 1, 2021)
2    Sec. 15. Mercury thermostat collection programs.
3    (a) Each thermostat manufacturer shall, individually or
4collectively with other thermostat manufacturers, establish
5and maintain a collection program for the collection,
6transportation, and proper management of out-of-service
7mercury thermostats and loose mercury ampoules in accordance
8with the provisions of this Act.
9    (b) Each thermostat manufacturer shall, individually or
10collectively with other thermostat manufacturers through a
11collection program, do the following:
12        (1) Compile On and after January 1, 2011, compile a
13    list of thermostat wholesalers in the State and offer each
14    thermostat wholesaler containers for the collection of
15    out-of-service mercury thermostats.
16        (2) Make On and after January 1, 2011, make collection
17    containers available to all qualified contractors,
18    thermostat wholesalers, thermostat retailers, and
19    qualified local government authorities in this State that
20    request a container. Each thermostat manufacturer shall
21    with each container include information regarding the
22    proper management of out-of-service mercury thermostats
23    and loose mercury ampoules as universal waste in accordance
24    with the collection program and Board's rules.
25        (3) Establish a system to collect, transport, and
26    properly manage out-of-service mercury thermostats and



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



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1        educating their customers on the importance of and
2        statutory requirements for the collection and proper
3        management of out-of-service mercury thermostats;
4            (D) develop and implement strategies to encourage
5        participating thermostat retailers to educate their
6        customers on the importance of and opportunities for
7        collecting and recycling out-of-service mercury
8        thermostats;
9            (E) create and maintain a web-based program that
10        allows contractors and consumers to identify
11        collection sites for out-of-service mercury
12        thermostats by zip code in the State;
13            (F) prepare and mail to contractor associations a
14        postcard or other notice that provides information on
15        the collection program for out-of-service mercury
16        thermostats; and
17            (G) develop informational articles, press
18        releases, and news stories pertaining to the
19        importance of and opportunities for collecting and
20        recycling out-of-service mercury thermostats and
21        distribute those materials to trade publications,
22        local media, and stakeholder groups.
23        (6) Develop On or before January 1, 2011, develop and
24    update as necessary educational and other outreach
25    materials for distribution to contractors, contractor
26    associations, and consumers. Those materials shall be made



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



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1the Agency with the annual report required in Section 20 of
2this Act.
3    (d) Within 90 days after receipt of the proposed collection
4program revisions required under subsection (c) of this
5Section, the Agency shall review and (i) approve, (ii)
6disapprove, or (iii) approve with modifications the proposed
7collection program revisions.
8        (1) The Agency shall approve proposed revisions if the
9    Agency determines that the revised collection programs
10    will collectively achieve the collection goals set forth in
11    Section 25 of this Act.
12        (2) If the Agency determines the revised collection
13    programs will not collectively achieve the collection
14    goals set forth in Section 25 of this Act, the Agency may
15    require modifications to one or more collection programs
16    that the Agency determines are necessary to achieve the
17    collection goals. Modifications required by the Agency may
18    include improvements to outreach and education conducted
19    under the collection program, expansion of the number and
20    location of collection sites established under the
21    program, modification of the roles of participants, and a
22    $5 financial incentive in the form of either cash or a
23    coupon offered by the manufacturer to contractors and
24    consumers for each out-of-service mercury thermostat
25    returned to a collection site.
26        (3) Prior to issuing any decision under this subsection



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



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



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



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1(Source: P.A. 96-1295, eff. 7-26-10.)
2    (415 ILCS 98/25)
3    (Section scheduled to be repealed on January 1, 2021)
4    Sec. 25. Collection goals. The collection programs
5established by thermostat manufacturers under this Act shall be
6designed to collectively achieve the following statewide
8    (a) For calendar year 2011, the collection of least 5,000
9mercury thermostats taken out of service in the State during
10the calendar year.
11    (b) For calendar years 2012, 2013, and 2014, the collection
12of at least 15,000 mercury thermostats taken out of service in
13the State during each calendar year.
14    (c) For calendar years 2015 through 2020, the collection
15goals shall be established by the Agency. The Agency shall
16establish collection goals no later than November 1, 2014. The
17collection goals established by the Agency shall maximize the
18annual collection of out-of-service mercury thermostats in the
19State. In developing the collection goals, the Agency shall
20take into account, at a minimum, (i) the effectiveness of
21collection programs for out-of-service mercury thermostats in
22the State and other states, including education and outreach
23efforts, (ii) collection requirements in other states, (iii)
24any reports or studies on the number of out-of-service mercury
25thermostats that are available for collection in this State,



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1other states, and nationally, and (iv) other factors. Prior to
2establishing the collection goals, the Agency shall consult
3with stakeholder groups that include, at a minimum,
4representatives of thermostat manufacturers, environmental
5groups, thermostat wholesalers, contractors, and thermostat
7    (d) The collection goals established by the Agency under
8subsection (c) of this Section are statements of general
9applicability under Section 1-70 of the Illinois
10Administrative Procedure Act and shall be adopted in accordance
11with the procedures of that Act. Any person adversely affected
12by a goal established by the Agency under subsection (c) of
13this Section may obtain a determination of the validity or
14application of the goal by filing a petition for review within
1535 days after the date the adopted goal is published in the
16Illinois Register pursuant to subsection (d) of Section 40 of
17the Illinois Administrative Procedure Act. Review shall be
18afforded directly in the Appellate Court for the District in
19which the cause of action arose and not the Circuit Court.
20During the pendency of the review, the goal under review shall
21remain in effect.
22    (e) For the purposes of determining compliance with the
23collection goals established under this Section, for calendar
24year 2015 and for each calendar year thereafter, the number of
25out-of-service mercury thermostats represented by loose
26ampoules shall be calculated:



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1        (1) using a conversion factor such that each loose
2    mercury ampoule collected shall be deemed the equivalent of
3    0.85 mercury thermostats; or
4        (2) using an alternative conversion factor determined
5    by the manufacturer or group of manufacturers.
6    A manufacturer or group of manufacturers shall include data
7and calculations to support its use of an alternative
8conversion factor.
9(Source: P.A. 96-1295, eff. 7-26-10; 97-333, eff. 8-12-11.)
10    (415 ILCS 98/30)
11    (Section scheduled to be repealed on January 1, 2021)
12    Sec. 30. Management of out-of-service mercury thermostats
13and loose mercury ampoules. All contractors, thermostat
14wholesalers, thermostat manufacturers, and thermostat
15retailers participating in the program shall handle and manage
16the out-of-service mercury thermostats and loose mercury
17ampoules in a manner that is consistent with the provisions of
18the universal waste regulations adopted by the Board.
19(Source: P.A. 96-1295, eff. 7-26-10.)
20    (415 ILCS 98/40)
21    (Section scheduled to be repealed on January 1, 2021)
22    Sec. 40. Agency responsibilities.
23    (a) The No later than June 1, 2011, the Agency shall
24maintain on its website information regarding the collection



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1and proper management of out-of-service mercury thermostats
2and loose mercury ampoules in the State. The information shall
3include, but is not limited to, the following:
4        (1) a description of the collection programs
5    established under this Act;
6        (2) a report on the progress towards achieving the
7    statewide collection goals set forth in Section 25 of this
8    Act; and
9        (3) a list of all thermostat wholesalers, contractors,
10    qualified local government authorities, and thermostat
11    retailers participating in the program as collection
12    sites.
13    (b) No later than November 1, 2019, the Agency shall submit
14a written report to the Governor and General Assembly regarding
15the effectiveness of the collection programs established under
16this Act, information on the number of out-of-service
17thermostats and loose mercury ampoules collected, how the
18out-of-service thermostats and loose mercury ampoules were
19managed, and an estimate of the number of thermostats that are
20available for collection. The Agency shall use this information
21to recommend whether the sunset date specified in Section 55
22for this Act should be extended, along with any other statutory
23changes. In preparing the report, the Agency shall consult with
24mercury thermostat manufacturers, environmental organizations,
25and other interest groups.
26    (c) In conjunction with the educational and outreach



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1programs implemented by the thermostat manufacturers under
2this Act, the Agency shall conduct outreach to promote the
3collection and proper management of out-of-service mercury
4thermostats and loose mercury ampoules.
5(Source: P.A. 96-1295, eff. 7-26-10.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".