2023 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, 2025