CA Health & Safety Code § 25214.8.11.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 10.2.2 - Mercury Thermostat Collection Act of 2021|Section 25214.8.11.5.

25214.8.11.5.  A qualified third party selected by a manufacturer, or group of manufacturers, to develop and implement the program shall do all of the following: (a) Collect, handle, and arrange for the appropriate management of out-of-service mercury-added thermostats in compliance with this act, unless these activities are performed by a manufacturer, or group of manufacturers, pursuant to paragraph (1) of subdivision (a) of Section 25214.8.13.(b) (1) Ensure that the locations and methods established pursuant to the program to collect out-of-service mercury-added thermostats are sufficiently convenient in all parts of the state, including within rural communities, disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713, to encourage the collection of out-of-service mercury-added thermostats. For the purpose of this paragraph, “sufficiently convenient” means both of the following:(A) For at least 90 percent of state residents, a collection location is located within 15 miles of their residence.(B) At least one collection location in each county in the state, unless there is no collection location in the county that is required to participate under this act or willing to participate voluntarily.(2) The qualified third party may, in its discretion, provide for and establish a greater number of collection locations than required pursuant to paragraph (1) to maximize convenience and encourage the collection of out-of-service mercury-added thermostats.(c) On or before July 1, 2022, develop and implement, and update as necessary, a statewide educational and outreach campaign to inform appropriate entities about the importance of safe recycling and disposal of out-of-service mercury-added thermostats, where and how to access out-of-service mercury-added thermostat collection locations, and how to access available out-of-service mercury-added thermostat collection incentives, as well as to coordinate program activities with various stakeholders, including, but not limited to, all of the following: (1) The Contractors State License Board. (2) Heating, ventilation, and air-conditioning contractors. (3) Demolition and environmental contractors, and related associations. (4) Municipal utility districts. (5) Household hazardous waste collection programs. (6) Apartment and property management associations and organizations. (7) Homeowners.(8) Rural districts. (9) Retailers.(10) Disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711, or low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713.(11) The general public. (12) The Public Utilities Commission.(13) The State Energy Resources Conservation and Development Commission.(d) (1) On or before July 1, 2022, create and distribute informational materials about the program that include, but are not limited to, all of the following: (A) Signage that is prominently displayed and easily visible to consumers and contractors. (B) Written materials and templates of materials for reproduction by retailers and wholesalers to be provided to consumers at the time of purchase, delivery, or both purchase and delivery of a thermostat. The materials shall include information on the prohibition of improper disposal of out-of-service mercury-added thermostats, requirements for the proper management of out-of-service mercury-added thermostats, out-of-service mercury-added thermostat collection locations, and the availability of out-of-service mercury-added thermostat collection bins. (C) Advertising or other promotional materials, or both, that include references to out-of-service mercury-added thermostat collection opportunities. (D) Materials to be used in direct communications with consumers and contractors at the time of purchase of a thermostat. (E) A public service announcement promoting the proper management of out-of-service mercury-added thermostats, and a plan for a public service campaign using the public service announcement that includes the media and markets into which the public service announcement is to be distributed and aired on behalf of the program. Copies of the public service announcement shall be provided to the department for its use and promotion. (F) Written materials, signage, and other advertising and promotional materials that provide information to consumers about how to access the available out-of-service mercury-added thermostat collection incentives.(2) The informational materials created and distributed by the qualified third party pursuant to this subdivision shall be made available in a manner necessary to ensure that the informational materials are available to and accessible by all state residents, and shall be translated into Spanish, Chinese, Tagalog, Vietnamese, and Korean where any of these languages are spoken by a substantial number of the public to which the materials are being distributed.(e) (1) On or before July 1, 2022, establish an internet website for the program that is accessible to the public. The qualified third party shall post all of the following on the internet website:(A) Templates of educational materials, in a form and format that can be easily downloaded.(B) Location information, by county, of all established out-of-service mercury-added thermostat collection sites in the state. Location information shall be posted and updated in a manner that allows members of the public to easily identify the most convenient location for collection of out-of-service mercury-added thermostats.(C) Information about accessing available out-of-service mercury-added thermostat collection incentives.(2) The department shall display on its internet website a link to the internet website for the program established by the qualified third party pursuant to paragraph (1).(f) On or before July 1, 2022, develop strategies to work with all of the following to encourage their participation in the collection and proper management of out-of-service mercury-added thermostats: (1) State utilities participating in demand response programs involving the replacement of thermostats. These strategies may include the inclusion of an educational insert in their customers’ utility bills. (2) Wholesalers of thermostats in the state.(3) Retailers and other outlets that sell thermostats directly to consumers in the state.(4) Household hazardous waste collection facilities to partner with local take-back centers, including retailers and wholesalers, to facilitate convenient out-of-service mercury-added thermostat collection options for community members.(g) (1) Provide out-of-service mercury-added thermostat collection incentives to consumers, of no less than thirty dollars ($30) per out-of-service mercury-added thermostat collected, and educate contractors, service technicians, and residents on the availability of the incentives.(2) (A) A collection incentive available pursuant to paragraph (1) shall be available only to a consumer or service technician that attests, under penalty of perjury, to both of the following:(i) Their California state residency.(ii) That the returned out-of-service mercury-added thermostat or thermostats were removed from a building or facility in the state.(B) For the purpose of subparagraph (A), “consumer” means an individual resident of the state who returns an out-of-service mercury-added thermostat to an established collection location and who is not a retailer or wholesaler.(h) Notwithstanding any other provision in this act, the qualified third party shall only be required to implement subdivisions (c) to (f), inclusive, after January 1, 2029, if unspent funds from previous program years are available to further the implementation of these subdivisions.(Added by Stats. 2021, Ch. 703, Sec. 7. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2030, pursuant to Section 25214.8.19.)