NY Env Conserv L § 27-2903 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 29 - Mercury Thermostat Collection Act 27-2903 - Mercury-Containing Thermostat Collection.

* § 27-2903. Mercury-containing thermostat collection.   1.  Each  thermostat manufacturer shall, individually or collectively, with other thermostat manufacturers, establish and  maintain  a  program for  the  collection,  transportation,  recycling,  disposal  and proper management of out-of-service mercury thermostats in accordance with  the provisions of this section.   2.  Each  thermostat  manufacturer shall, individually or collectively with other thermostat manufacturers through a collection program, do the following:  (a) On and after July first, two thousand fourteen, compile a list  of thermostat wholesalers in the state and offer each thermostat wholesaler containers for the collection of out-of-service mercury thermostats.  (b)  On  and  after July first, two thousand fourteen, make collection containers  available   to   all   qualified   contractors,   thermostat wholesalers,   thermostat  retailers,  and  qualified  local  government authorities that request a container. Each thermostat manufacturer shall with each container include information regarding the proper  management of out-of-service mercury thermostats.  (c)  Establish  a  system  to collect, transport, recycle, dispose and properly manage out-of-service mercury thermostats from  all  collection sites.  (d)  Not  include  any  fees  or other charges to consumers or persons participating in the  program.  Each  thermostat  wholesaler,  qualified contractor, qualified local government authority, or thermostat retailer that is provided with one or more collection containers may be charged a fee not to exceed twenty-six dollars to replace any collection container that is misplaced, stolen or otherwise lost.  (e) Beginning July first, two thousand fourteen, conduct education and outreach efforts, including, but not limited to the following:  (i)  establish  and maintain a public website for the dissemination of educational  materials  to  promote  the  collection  of  out-of-service mercury  thermostats.  This  website  shall  include  templates  of  the educational materials on the internet website in a form and format  that can  be easily downloaded and printed. The link to this website shall be provided to the department;  (ii) contact thermostat wholesalers at least once a year to  encourage their support and participation in educating customers on the importance of  statutory  requirements  for the collection and proper management of out-of-service mercury thermostats;  (iii) create and maintain a web-based program that allows  contractors and  consumers  to  identify collection sites for out-of-service mercury thermostats in the state and provide a list of collection sites  to  the department; and  (iv)  develop informational articles, press releases, and news stories pertaining to the importance of and  opportunities  for  collecting  and recycling   out-of-service  mercury  thermostats  and  distribute  those materials to trade publications, local media, and stakeholder groups.  (f) On or before July first, two thousand fourteen, develop and update as necessary educational and other outreach materials  for  distribution to  contractors,  contractor associations and consumers. These materials shall be made available for use by participating thermostat wholesalers, thermostat retailers, contractors, and qualified government authorities. The materials shall include, but not be limited to, the following:  (i)  signage,  such  as  posters  and  cling  signage,  that  can   be prominently  displayed  to  promote  the  collection  of  out-of-service mercury thermostats to contractors and consumers; and  (ii) written materials or templates of materials for  reproduction  by thermostat  wholesalers  and  thermostat  retailers  to  be  provided to  customers at the time of purchase  or  delivery  of  a  thermostat.  The materials  shall  include,  but  not  be  limited to, information on the importance of properly managing out-of-service mercury  thermostats  and opportunities for the collection of these thermostats.  (g)  Provide  an  opportunity  for  the department to review and offer feedback and suggestions on the collection program.   3. The collection programs  established  by  thermostat  manufacturers under  this  section  shall  be  designed  to  achieve  collectively the following statewide goals:  (a) For calendar year two thousand fifteen, the collection of no  less than fifteen thousand five hundred out-of-service mercury thermostats;  (b)  For  calendar  years  two  thousand  sixteen through two thousand twenty-three,  the  collection  goals  shall  be  established   by   the department.  The  department  shall  establish collection goals no later than  October  first,  two  thousand  fifteen.  The   collection   goals established  by the department shall achieve the maximum feasible number of out-of-service mercury thermostats in the state.  In  developing  the collection  goals, the department shall take into account, at a minimum, (i) the effectiveness of collection programs for out-of-service  mercury thermostats  in  the  state  and  other  states, including education and outreach  efforts,  (ii)  collection  requirements  in   other   states, including  those  states  with  the  highest collection goals, (iii) any reports or studies on the number of out-of-service  mercury  thermostats that  are  available  for  collection  in  this state, other states, and nationally, and (iv) other relevant factors. Prior to  establishing  the collection  goals,  the department shall consult with stakeholder groups that include, at a minimum, representatives of thermostat manufacturers, environmental  groups,  municipal  recyclers,  thermostat   wholesalers, qualified contractors, and thermostat retailers.  (c)  Thermostat  manufacturers  shall implement any collection program revisions approved by the department within ninety days.   4.  If  the  collection  programs  do  not  collectively  achieve  the collection  goals  provided for in subdivision three of this section for calendar  year  two  thousand  fifteen  or  any  year   thereafter   the department,  after  conducting  stakeholder  consultations,  may require modifications to one or more collection  programs  that  the  department determines  are necessary to achieve the collection goals. Modifications required by the department may  include  improvements  to  outreach  and education  conducted  under  the  collection  program,  expansion of the number and location of collection sites established under  the  program, modification  of  the roles of participants, and a five dollar financial incentive  in  the  form  of  either  cash  or  coupon  offered  by  the manufacturer  to  contractors  and  consumers  for  each  out-of-service mercury thermostat returned to a collection site.   5. No later than April first, two thousand fifteen, and no later  than April first of each year thereafter, each thermostat manufacturer shall, individually or collectively with other thermostat manufacturers, submit an  annual  report  on its collection program to the department covering the one-year period ending December thirty-first of the  previous  year. Each  report shall be posted on the manufacturer's or program operator's respective  internet  website.  The  annual  report  shall  include  the following:  (a)  the  number  of  out-of-service mercury thermostats collected and managed under this section during the previous calendar year;  (b)  the  estimated  total  amount  of  mercury   contained   in   the out-of-service  mercury  thermostats collected under this section during the previous calendar year;  (c) a list of all thermostat wholesalers, contractors, qualified local government authorities, and thermostat retailers  participating  in  the program  as  mercury  thermostat  collection  sites  and  the  number of out-of-service mercury thermostats returned by each;  (d) an accounting of the program's administrative costs;  (e)  a description of outreach strategies employed under paragraph (e) of subdivision two of this section;  (f)  examples  of  outreach  and  educational  materials  used   under paragraph (e) of subdivision two of this section;  (g)  the internet website address of addresses where the annual report may be viewed online;  (h) a description of how the out-of-service mercury  thermostats  were managed;  (i)  any modifications that the thermostat manufacturer is planning to make in its collection program; and  (j) the  identification  of  a  collection  program  contact  and  the business  phone  number,  mailing  address,  and  e-mail address for the contact.   6. All contractors, thermostat wholesalers, thermostat  manufacturers, and  thermostat  retailers participating in the program shall handle and manage the out-of-service  mercury  thermostats  in  a  manner  that  is consistent with the requirements for the disposal of hazardous waste.   7.  On  and  after  July  first,  two thousand fourteen, no thermostat wholesaler shall sell, offer to sell, distribute, or offer to distribute thermostats unless the wholesaler participates as a collection site  for out-of-service  mercury  thermostats  or  requests and receives a waiver from the department following a demonstration  that  such  participation would pose an undue burden.   * NB Repealed January 1, 2024