Bill Text: NY A10586 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the proper collection and disposal of mercury thermostats; establishes a fund for the stewardship of mercury thermostats; extends the effectiveness of the mercury thermostat collection act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-20 - referred to environmental conservation [A10586 Detail]

Download: New_York-2023-A10586-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10586

                   IN ASSEMBLY

                                      June 20, 2024
                                       ___________

        Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
          Bichotte Hermelyn) -- read once and referred to the Committee on Envi-
          ronmental Conservation

        AN ACT to amend the environmental conservation law and the state finance
          law, in relation to the proper  collection  and  disposal  of  mercury
          thermostats;  and  to  amend chapter 550 of the laws of 2013, amending
          the environmental conservation law relating to establishing the mercu-
          ry thermostat collection act, in relation to the effectiveness thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Title  29 of article 27 of the environmental conservation
     2  law, as added by chapter 550 of the laws of 2013, is amended to read  as
     3  follows:
     4                                   TITLE 29
     5                      MERCURY THERMOSTAT COLLECTION ACT
     6  § 27-2901. Definitions.
     7    1. "Collection program" means a system for the collection, transporta-
     8  tion, recycling, and disposal of out-of-service mercury thermostats that
     9  is  financed  and managed or provided by a thermostat manufacturer indi-
    10  vidually or collectively with other thermostat manufacturers in  accord-
    11  ance with this section.
    12    2.  "Producer  responsibility  organization"  means  a  not-for-profit
    13  organization established by a thermostat manufacturer or group of  ther-
    14  mostat  manufacturers  to implement an out-of-service mercury thermostat
    15  collection program.
    16    3. "Collection site" means a location accepting mercury thermostats as
    17  part of a mercury thermostat collection program.
    18    4. "Contractor" means a person engaged in the  business  of  installa-
    19  tion,  service  or removal of heating, ventilation, and air-conditioning
    20  components in this state.
    21    [2.] 5. "Mercury thermostat" means a product or  device  that  uses  a
    22  mercury  switch  to  sense and control room temperature through communi-
    23  cation with heating,  ventilation,  or  air-conditioning  equipment  and
    24  includes thermostats used to sense and control room temperature in resi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14915-02-4
        A. 10586                            2

     1  dential, commercial, industrial and other buildings but does not include
     2  a thermostat used to sense and control temperature as part of a manufac-
     3  turing process.
     4    [3.] 6. "Out-of-service mercury thermostat" means a mercury thermostat
     5  that  is  removed,  replaced  or  otherwise taken out of service in this
     6  state.
     7    [4. "Qualified contractor" means a person engaged in the  business  of
     8  installation, service or removal of heating, ventilation, and air-condi-
     9  tioning  components  who  employs  seven  or more service technicians or
    10  installers.
    11    5.] 7. "Qualified local government [authorities] authority" means  any
    12  municipal  corporation or planning unit as defined in section 27-0107 of
    13  this article, or county departments of health.
    14    8. "Thermostat" means a product or device  that  senses  and  controls
    15  room  temperature  through  communication  with heating, ventilating, or
    16  air-conditioning equipment. "Thermostat" includes a thermostat  used  to
    17  sense  and  control  room temperature in residential, commercial, indus-
    18  trial, and other buildings, but does not include a  thermostat  used  to
    19  sense and control temperature as part of a manufacturing process.
    20    [6.]  9.  "Thermostat manufacturer" means a person who owns or owned a
    21  name brand of one or more mercury thermostats sold in the state.
    22    [7.] 10. "Thermostat retailer" means a person who sells thermostats of
    23  any kind primarily to homeowners or other nonprofessionals  through  any
    24  sale  or  distribution  mechanism  including sales using the internet or
    25  catalogs.
    26    [8.] 11. "Thermostat wholesaler" means a person who is engaged in  the
    27  distribution and wholesale selling of heating, ventilation or air-condi-
    28  tioning  components,  including  thermostats,  to contractors, and whose
    29  total wholesale sales account for eighty percent or more  of  its  total
    30  sales.  A  thermostat manufacturer is not, by virtue of manufacturing, a
    31  thermostat wholesaler.
    32  § 27-2903. [Mercury-containing] Mercury  thermostat  collection  program
    33               requirements.
    34    1.  [Each]  No  later than one hundred eighty days after the effective
    35  date of the chapter of  the  laws  of  two  thousand  twenty-four  which
    36  amended this section, each thermostat manufacturer [shall], either indi-
    37  vidually  [or  collectively, with other thermostat manufacturers, estab-
    38  lish and maintain a] or through a producer responsibility  organization,
    39  shall  submit to the department for the department's approval a plan for
    40  the establishment,  implementation,  maintenance,  and  promotion  of  a
    41  collection   program  for  the  collection,  transportation,  recycling,
    42  disposal and proper management of out-of-service mercury thermostats  in
    43  accordance with the provisions of subdivision seven this section.
    44    2.  [Each] A thermostat manufacturer or producer responsibility organ-
    45  ization  operating  an  existing   out-of-service   mercury   thermostat
    46  collection  program in the state on the effective date of the chapter of
    47  the laws of two thousand twenty-four which amended  this  section  shall
    48  continue  to  implement such program until a proposed collection program
    49  outlined in the plan required by subdivision  one  of  this  section  is
    50  approved and implemented.
    51    3.  The department shall approve or reject a plan submitted under this
    52  section within sixty days of submission and,  if  rejected,  inform  the
    53  manufacturer or group of manufacturers or producer responsibility organ-
    54  ization  in  writing  as  to  any  deficiencies of the submitted plan. A
    55  rejected plan shall be amended and resubmitted for approval within sixty
    56  days of notification of the rejection of the submitted plan. The depart-
        A. 10586                            3

     1  ment shall approve or reject an  amended  plan  within  thirty  days  of
     2  resubmission.
     3    4.  No later than three months after the plan is approved under subdi-
     4  vision three of this  section,  each  thermostat  manufacturer  [shall],
     5  either individually [or collectively with other thermostat manufacturers
     6  through  a  collection  program,  do  the following:] or through partic-
     7  ipation in a producer responsibility organization,  shall  implement  an
     8  out-of-service mercury thermostat collection program.
     9    5.  The out-of-service mercury thermostat collection program shall not
    10  include any fees or other charges to consumers, contractors  or  persons
    11  using  the  collection  program. Each thermostat wholesaler, contractor,
    12  qualified local government authority, or  thermostat  retailer  that  is
    13  provided  with  one  or more collection containers may only be charged a
    14  fee not to exceed twenty-six dollars to replace any collection container
    15  that is misplaced, stolen or otherwise lost.
    16    6. The out-of-service  mercury  thermostat  collection  program  shall
    17  provide for an incentive to a contractor or New York state real property
    18  owner  of no less than twenty dollars per out-of-service mercury thermo-
    19  stat collected in this state, and educate contractors and New York state
    20  real property owners on the availability of the incentive. A  collection
    21  incentive shall be available only to a contractor or to a New York state
    22  real  property  owner  that  attests, under penalty of perjury, that the
    23  returned out-of-service mercury thermostat was removed from  a  building
    24  or  facility  in the state of New York. Such incentive shall be provided
    25  by a thermostat manufacturer or  producer  responsibility  organization.
    26  Such incentive shall be the financial responsibility of the manufacturer
    27  or producer responsibility organization, as appropriate.
    28    7.  Each  thermostat manufacturer or producer responsibility organiza-
    29  tion shall submit a  plan  for  the  out-of-service  mercury  thermostat
    30  collection  program required under subdivision one of this section, that
    31  shall, at a minimum:
    32    (a) [On and after  July  first,  two  thousand  fourteen,  compile  a]
    33  Include  a  list  of thermostat wholesalers in the state and [offer each
    34  thermostat wholesaler containers] provide a detailed description of  how
    35  the  manufacturer  or  producer  responsibility  organization  will make
    36  collection containers for the collection of out-of-service mercury ther-
    37  mostats available to each thermostat wholesaler location.
    38    (b) [On and after  July  first,  two  thousand  fourteen,]  Include  a
    39  detailed  description of how the manufacturer or producer responsibility
    40  organization will make collection containers available  to  all  [quali-
    41  fied]  contractors,  [thermostat  wholeslers,] thermostat retailers, and
    42  qualified local government authorities that request  a  container.  Each
    43  thermostat  manufacturer  or  producer responsibility organization shall
    44  with each container include information regarding the proper  management
    45  of out-of-service mercury thermostats.
    46    (c)  [Establish  a]  Include  a  detailed  description of the proposed
    47  system to collect, transport, recycle, dispose and properly manage  out-
    48  of-service mercury thermostats from all collection sites.
    49    (d)  [Not  include  any  fees or other charges to consumers or persons
    50  participating in the  program.  Each  thermostat  wholesaler,  qualified
    51  contractor, qualified local government authority, or thermostat retailer
    52  that is provided with one or more collection containers may be charged a
    53  fee not to exceed twenty-six dollars to replace any collection container
    54  that  is  misplaced,  stolen  or otherwise lost.] Provide details on the
    55  process to submit and  receive  the  out-of-service  mercury  thermostat
    56  collection incentive as required by subdivision six of this section.
        A. 10586                            4

     1    (e)  [Beginning  July  first,  two thousand fourteen, conduct] Provide
     2  details on how the collection program will comply with the outreach  and
     3  education requirements of subdivision eight of this section.
     4    (f) Provide details on how the collection program will comply with the
     5  convenience requirements of subdivision nine of this section.
     6    (g)  Provide  fiscal  accounting  details on how the incentive will be
     7  provided as required by subdivision six of this section.
     8    (h) Provide any other information required by the department.
     9    8. Each thermostat manufacturer or producer  responsibility  organiza-
    10  tion  shall  implement  an  out-of-service mercury thermostat collection
    11  program that provides for continuous education and  outreach  [efforts,]
    12  including, but not limited to the following:
    13    [(i)  establish and maintain a public website for the dissemination of
    14  educational materials to promote the collection of out-of-service mercu-
    15  ry thermostats. This website shall include templates of the  educational
    16  materials on the internet website in a form and format that can be easi-
    17  ly downloaded and printed. The link to this website shall be provided to
    18  the department;
    19    (ii)  contact thermostat wholesalers at least once a year to encourage
    20  their support and participation in educating customers on the importance
    21  of statutory requirements for the collection and  proper  management  of
    22  out-of-service mercury thermostats;
    23    (iii)  create and maintain a web-based program that allows contractors
    24  and consumers to identify collection sites  for  out-of-service  mercury
    25  thermostats  in  the state and provide a list of collection sites to the
    26  department; and
    27    (iv) develop informational articles, press releases, and news  stories
    28  pertaining  to  the  importance  of and opportunities for collecting and
    29  recycling out-of-service mercury thermostats and distribute those  mate-
    30  rials to trade publications, local media, and stakeholder groups.
    31    (f) On or before July first, two thousand fourteen, develop and update
    32  as  necessary  educational and other outreach materials for distribution
    33  to contractors, contractor associations and consumers.  These  materials
    34  shall be made available for use by participating thermostat wholesalers,
    35  thermostat retailers, contractors, and qualified government authorities.
    36  The materials shall include, but not be limited to, the following:
    37    (i) signage, such as posters and cling signage, that can be prominent-
    38  ly displayed to promote the collection of out-of-service mercury thermo-
    39  stats to contractors and consumers; and
    40    (ii)  written  materials or templates of materials for reproduction by
    41  thermostat wholesalers  and  thermostat  retailers  to  be  provided  to
    42  customers at the time of purchase or delivery of a thermostat. The mate-
    43  rials  shall  include,  but not be limited to, information on the impor-
    44  tance of properly managing out-of-service mercury thermostats and oppor-
    45  tunities for the collection of these thermostats.
    46    (g) Provide an opportunity for the  department  to  review  and  offer
    47  feedback and suggestions on the collection program.
    48    3.  The  collection  programs  established by thermostat manufacturers
    49  under this section shall be designed to achieve collectively the follow-
    50  ing statewide goals:
    51    (a) For calendar year two thousand fifteen, the collection of no  less
    52  than fifteen thousand five hundred out-of-service mercury thermostats;
    53    (b) For calendar years two thousand sixteen through two thousand twen-
    54  ty-three,  the  collection goals shall be established by the department.
    55  The department shall establish collection goals no  later  than  October
    56  first,  two  thousand  fifteen.  The collection goals established by the
        A. 10586                            5

     1  department shall achieve the maximum feasible number  of  out-of-service
     2  mercury  thermostats  in  the state. In developing the collection goals,
     3  the department shall take into account, at a minimum, (i) the effective-
     4  ness  of  collection  programs for out-of-service mercury thermostats in
     5  the state and other states, including education  and  outreach  efforts,
     6  (ii)  collection  requirements  in  other states, including those states
     7  with the highest collection goals, (iii) any reports or studies  on  the
     8  number  of  out-of-service  mercury  thermostats  that are available for
     9  collection in this state, other states, and nationally, and  (iv)  other
    10  relevant  factors.  Prior  to  establishing  the  collection  goals, the
    11  department shall consult with stakeholder  groups  that  include,  at  a
    12  minimum,  representatives  of  thermostat  manufacturers,  environmental
    13  groups, municipal recyclers, thermostat wholesalers, qualified  contrac-
    14  tors, and thermostat retailers.
    15    (c)  Thermostat  manufacturers  shall implement any collection program
    16  revisions approved by the department within ninety days.
    17    4.  If  the  collection  programs  do  not  collectively  achieve  the
    18  collection  goals  provided for in subdivision three of this section for
    19  calendar year two thousand fifteen or any year  thereafter  the  depart-
    20  ment,  after conducting stakeholder consultations, may require modifica-
    21  tions to one or more collection programs that the department  determines
    22  are necessary to achieve the collection goals. Modifications required by
    23  the  department  may  include  improvements  to  outreach  and education
    24  conducted under the collection program,  expansion  of  the  number  and
    25  location of collection sites established under the program, modification
    26  of  the  roles of participants, and a five dollar financial incentive in
    27  the form of either  cash  or  coupon  offered  by  the  manufacturer  to
    28  contractors  and  consumers  for  each out-of-service mercury thermostat
    29  returned to a collection site.
    30    5.] (a) The development, implementation, and updating as necessary, of
    31  a statewide educational and  outreach  campaign  to  inform  appropriate
    32  entities  about the importance of safe recycling and disposal of out-of-
    33  service mercury thermostats, where to find out-of-service mercury  ther-
    34  mostat collection sites, and how to submit for and receive the available
    35  out-of-service mercury thermostat collection incentive.
    36    (b)  The  development,  and  updating as necessary, of educational and
    37  other outreach materials for  distribution  to  contractors,  contractor
    38  associations  and  consumers. These materials shall be made available by
    39  each thermostat manufacturer or producer responsibility organization for
    40  use  by  participating  thermostat  wholesalers,  thermostat  retailers,
    41  contractors,  and  qualified local government authorities. The materials
    42  shall include, but not be limited to, the following:
    43    (i) signage, such as posters and cling signage, that can be prominent-
    44  ly displayed to promote the collection of out-of-service mercury thermo-
    45  stats and the available  out-of-service  mercury  thermostat  collection
    46  incentive to contractors and New York state real property owners;
    47    (ii)  written  materials or templates of materials for reproduction by
    48  thermostat wholesalers  and  thermostat  retailers  to  be  provided  to
    49  customers at the time of purchase or delivery of a thermostat. The mate-
    50  rials  shall  include,  but not be limited to, information on the impor-
    51  tance of properly managing out-of-service mercury thermostats,  opportu-
    52  nities  for  the  collection  of out-of-service mercury thermostats, and
    53  information  on  the   available   out-of-service   mercury   thermostat
    54  collection incentive;
    55    (iii)  advertising  or  other  promotional  materials,  or  both, that
    56  include  references  to  out-of-service  mercury  thermostat  collection
        A. 10586                            6

     1  opportunities   and  the  available  out-of-service  mercury  thermostat
     2  collection incentive; and
     3    (iv)  a public service announcement promoting the proper management of
     4  out-of-service mercury thermostats, and a  plan  for  a  public  service
     5  campaign  using  the public service announcement that includes the media
     6  and markets into which the public service announcement is to be distrib-
     7  uted and aired on behalf of the program. Copies of  the  public  service
     8  announcement  shall  be  provided  to  the  department  for  its use and
     9  promotion.
    10    (c) Establishing and maintaining a  public  website  for  the  dissem-
    11  ination  of  educational  materials to promote the collection of out-of-
    12  service mercury thermostats. The link to this website shall be  provided
    13  to the department. Such website shall include:
    14    (i)  templates of the educational materials on the internet website in
    15  a form and format that can be easily downloaded and printed;
    16    (ii) location information, by county, of all  established  out-of-ser-
    17  vice mercury thermostat collection sites in the state. Location informa-
    18  tion  shall be posted and updated in a manner that allows members of the
    19  public to easily identify the most convenient collection site  for  out-
    20  of-service mercury thermostats; and
    21    (iii) information about obtaining the available out-of-service mercury
    22  thermostat collection incentive.
    23    (d)  Creating and maintaining a web-based program that allows contrac-
    24  tors and consumers  to  identify  collection  sites  for  out-of-service
    25  mercury  thermostats in the state and provide a list of collection sites
    26  to the department.
    27    (e) An annual visit to each thermostat wholesaler, thermostat  retail-
    28  er,  and qualified local government authority provided with at least one
    29  collection container to encourage their  support  and  participation  in
    30  educating  customers on the importance of statutory requirements for the
    31  collection and proper management of out-of-service mercury thermostats.
    32    (f) Developing strategies to work with all of the following to encour-
    33  age their participation in the collection and proper management of  out-
    34  of-service mercury thermostats:
    35    (i)  State  utilities participating in programs involving the replace-
    36  ment of thermostats. These strategies may include the  inclusion  of  an
    37  educational insert in their customers' utility bills.
    38    (ii) Wholesalers of thermostats in the state.
    39    (iii)  Retailers  and  other outlets that sell thermostats directly to
    40  consumers in the state.
    41    (iv) Household hazardous waste collection facilities to  partner  with
    42  local take-back centers, including retailers and wholesalers, to facili-
    43  tate convenient out-of-service mercury thermostat collection options for
    44  community members.
    45    9.  A thermostat manufacturer or its producer responsibility organiza-
    46  tion shall establish a collection program under this section with suffi-
    47  ciently convenient collection sites and methods  in  all  parts  of  the
    48  state,  including  within rural communities, to encourage the collection
    49  of out-of-service mercury thermostats. For purposes of this subdivision,
    50  "sufficiently convenient" means both of the following  requirements  are
    51  met:
    52    (a)  For at least ninety percent of state residents, a collection site
    53  is located within fifteen miles of their residence; and
    54    (b) At least one collection site in each county of the  state  and  in
    55  each municipality with a population of ten thousand or greater.
        A. 10586                            7

     1    10.  No later than April first, two thousand [fifteen] twenty-six, and
     2  no later than April first  of  each  year  thereafter,  each  thermostat
     3  manufacturer  shall,  individually or collectively with other thermostat
     4  manufacturers, submit an annual report on its collection program to  the
     5  department  covering the one-year period ending December thirty-first of
     6  the previous year.   Each report  shall  be  posted  on  the  thermostat
     7  manufacturer's [or program operator's] or producer responsibility organ-
     8  ization's  respective  internet website. The annual report shall include
     9  the following:
    10    (a) the number of out-of-service  mercury  thermostats  collected  and
    11  managed under this section during the previous calendar year;
    12    (b) the estimated total amount of mercury contained in the out-of-ser-
    13  vice  mercury thermostats collected under this section during the previ-
    14  ous calendar year;
    15    (c) the number of incentives submitted by  contractors  and  New  York
    16  state  real  property  owners  and the total dollar amount of incentives
    17  paid to contractors and New York state real property owners;
    18    (d) a list of all thermostat wholesalers, contractors, qualified local
    19  government authorities, and thermostat retailers  participating  in  the
    20  collection program as mercury thermostat collection sites and the number
    21  of out-of-service mercury thermostats returned by each;
    22    [(d)]  (e)  an  accounting  of the collection program's administrative
    23  costs;
    24    [(e)] (f) a description of outreach strategies  employed  under  para-
    25  graph [(e)] (f) of subdivision [two] eight of this section;
    26    [(f)]  (g)  examples  of outreach and educational materials used under
    27  paragraph [(e)] (b) of subdivision [two] eight of this section;
    28    [(g)] (h) the internet website address [of addresses] where the annual
    29  report may be viewed online;
    30    [(h)] (i) a description of how the out-of-service mercury  thermostats
    31  were managed;
    32    [(i)]  (j)  any  modifications  that  the  thermostat  manufacturer or
    33  producer  responsibility  organization  is  planning  to  make  in   its
    34  collection program; [and
    35    (j)]  (k)  the  identification of a collection program contact and the
    36  business phone number, mailing  address,  and  e-mail  address  for  the
    37  contact[.
    38    6.]; and
    39    (l) any additional information the department requests.
    40    11.  Beginning April first, two thousand twenty-six, and no later than
    41  April first of  each  year  thereafter,  each  thermostat  manufacturer,
    42  either individually or collectively with other thermostat manufacturers,
    43  or  through  a producer responsibility organization, shall reimburse the
    44  department for the department's actual  costs  for  the  administration,
    45  implementation  and  enforcement associated with this title.  All monies
    46  received by the department pursuant to this paragraph shall be deposited
    47  to the credit of the mercury  thermostat  stewardship  fund  established
    48  pursuant to section ninety-two-kk of the state finance law.
    49    12.  All  [contractors, thermostat wholesalers, thermostat manufactur-
    50  ers, and thermostat retailers] persons participating in  the  collection
    51  program  shall  handle and manage the out-of-service mercury thermostats
    52  in a manner that is consistent with the requirements for  the  handling,
    53  management, transportation and disposal of hazardous waste.
    54    [7.  On  and  after  July  first, two thousand fourteen, no thermostat
    55  wholesaler shall sell, offer to sell, distribute, or offer to distribute
    56  thermostats unless the wholesaler participates as a collection site  for
        A. 10586                            8

     1  out-of-service  mercury  thermostats  or  requests and receives a waiver
     2  from the department following a demonstration  that  such  participation
     3  would pose an undue burden.]
     4  § 27-2905. Thermostat wholesaler and retailer requirements.
     5    1. Upon implementation of the collection program plan submitted pursu-
     6  ant  to  section  27-2903  of this title, no thermostat wholesaler shall
     7  sell, offer to sell, distribute, or offer to distribute  thermostats  in
     8  this  state  unless the wholesaler participates as a collection site for
     9  out-of-service mercury thermostats or requests  and  receives  a  waiver
    10  from  the  department  following a demonstration that such participation
    11  would pose an undue burden.
    12    2. No thermostat wholesaler or thermostat retailer shall  sell,  offer
    13  for  sale  or  distribute  in  this  state any thermostat for final sale
    14  unless the thermostat manufacturer [of such thermostat]  is  listed  [on
    15  the department's website,] as participating under an approved collection
    16  program plan in accordance with the provisions of this title.
    17    3.  No  thermostat wholesaler or thermostat retailer shall sell, offer
    18  for sale or distribute in this  state  any  thermostat  for  final  sale
    19  unless the thermostat wholesaler or thermostat retailer makes use of the
    20  educational   and  outreach  materials  it  has  been  provided  by  the
    21  collection program as outlined in paragraph (b) of subdivision eight  of
    22  section 27-2903 of this title.
    23  § 27-2907. Contractor requirements.
    24    1.  Any  person  or  contractor who replaces a mercury thermostat in a
    25  building in this state shall ensure the proper  management,  transporta-
    26  tion  and  delivery  of  such mercury thermostat to a collection site in
    27  accordance with the provisions of this title.
    28    2. Any person or contractor who demolishes a building  in  this  state
    29  shall  ensure that all mercury thermostats are removed from the building
    30  prior to demolition and shall ensure the proper management,  transporta-
    31  tion  and  delivery  of such mercury thermostats to a collection site in
    32  accordance with the provisions of this title.
    33    3. Any contractor, organization or subcontractor of such organization,
    34  who contracts with or receives funding or financing provided in whole or
    35  in part by or through any department, agency, instrumentality, or  poli-
    36  tical subdivision of the state for the installation, service, or removal
    37  of heating, ventilation, or air-conditioning components resulting in the
    38  removal  or handling of out-of-service mercury thermostats, shall ensure
    39  the proper collection, management, transportation, and delivery of  out-
    40  of-service  mercury  thermostats to a collection site in accordance with
    41  the provisions of this title.
    42  § 27-2909. Department responsibilities.
    43    1. [No later than June first, two thousand fifteen,] Upon  implementa-
    44  tion  of a collection program plan submitted pursuant to subdivision one
    45  of section 27-2903 of this title, the department shall maintain  on  its
    46  website  information  regarding  the collection and proper management of
    47  out-of-service mercury thermostats in the state. The  information  shall
    48  include the following:
    49    (a)  a  description  of the collection programs established under this
    50  section;
    51    (b)  a  [report  on  the  progress  towards  achieving  the  statewide
    52  collection goals set forth in this title; and
    53    (c)  a]  list  of  all [thermostat wholesalers, contractors, qualified
    54  local government authorities, and thermostat retailers participating  in
    55  the program as] collection sites; and
        A. 10586                            9

     1    (c)  a  link  to  the internet website for a collection program estab-
     2  lished pursuant to the approved plan as required by section  27-2903  of
     3  this title.
     4    2. No later than November first, two thousand [eighteen] twenty-eight,
     5  and  every  five years thereafter, the department shall submit a written
     6  report to the governor and the legislature regarding  the  effectiveness
     7  of  the  collection programs established under this section, information
     8  on the number of out-of-service thermostats collected, how  the  out-of-
     9  service  thermostats were managed[, and]. The report due November first,
    10  two thousand forty-three, shall include an estimate  of  the  number  of
    11  thermostats that are available for collection.  The department shall use
    12  this  information  to  recommend  whether the provisions of this section
    13  should be extended, along with any other statutory changes. In preparing
    14  the  report,  the  department  shall  consult  with  mercury  thermostat
    15  manufacturers,  environmental  organizations,  municipal  recyclers, and
    16  other interest groups.
    17  § [27-2909.] 27-2911. Disposal prohibition.
    18    1. No transporter shall knowingly  commingle  [mercury-added]  mercury
    19  thermostats with solid waste or recyclable materials.
    20    2.  No  transporter  shall  knowingly  deliver [mercury-added] mercury
    21  thermostats or knowingly cause such materials to be delivered to:
    22    (a) an incinerator;
    23    (b) a landfill;
    24    (c) a transfer station; or
    25    (d) anyone who the  transporter  knows  or  should  know  will  either
    26  commingle  such materials with other solid waste or deliver such materi-
    27  als to an incinerator or a landfill for disposal.
    28    3. No operator of an incinerator or a landfill shall knowingly  accept
    29  [mercury-added] mercury thermostats for disposal.
    30    4. No operator of a transfer station shall knowingly commingle [mercu-
    31  ry-added] mercury thermostats with other solid waste or cause such mate-
    32  rials to be transferred to an incinerator or landfill for disposal.
    33    5.  Each  landfill  and  transfer station shall post, in a conspicuous
    34  location at the facility, a sign stating  that  [mercury-added]  mercury
    35  thermostats are not accepted at the facility.
    36  § 27-2913. Enforcement and penalties.
    37    1.  Notwithstanding the provisions of section 71-2724 of this chapter,
    38  and except as  otherwise  provided  in  this  section,  any  person  who
    39  violates  any  of  the  provisions  of, or who fails to perform any duty
    40  imposed by this title or any rule  or  regulation  promulgated  pursuant
    41  thereto,  or  any  term or condition of any certificate or permit issued
    42  pursuant thereto, or any final determination or order of the commission-
    43  er made pursuant to this title shall be liable for a civil  penalty  not
    44  to exceed five hundred dollars for each such violation and an additional
    45  penalty  of not more than five hundred dollars for each day during which
    46  such violation continues.
    47    2. Notwithstanding the provisions of section 71-2724 of this  chapter,
    48  any  person, contractor, organization or subcontractor of such organiza-
    49  tion, who violates any provision  of,  or  fails  to  perform  any  duty
    50  imposed  by subdivisions two and three of section 27-2907 of this title,
    51  or any rule or regulation promulgated pursuant thereto, shall be  liable
    52  for  a  civil  penalty  not  to  exceed  three thousand dollars for each
    53  violation and an additional  penalty  of  not  more  than  one  thousand
    54  dollars for each day during which such violation continues.
    55    3.  Notwithstanding the provisions of section 71-2724 of this chapter,
    56  any contractor,  thermostat  wholesaler,  or  thermostat  retailer,  who
        A. 10586                           10

     1  violates  any provision of, or fails to perform any duty imposed by this
     2  title, other than subdivisions two and three of section 27-2907 of  this
     3  title,  or  any  rule or regulation promulgated pursuant thereto, or any
     4  term  or condition of any certificate or permit issued pursuant thereto,
     5  or any final determination or order of the commissioner made pursuant to
     6  this title, shall be liable for a civil penalty not to exceed one  thou-
     7  sand  five  hundred dollars for each violation and an additional penalty
     8  of not more than one thousand dollars for each  day  during  which  such
     9  violation continues.
    10    4.  (a)  Any thermostat manufacturer or producer responsibility organ-
    11  ization, as defined in this title, who fails to submit any plan, report,
    12  or fee to the department as required by this title, shall be liable  for
    13  a  civil  penalty  not  to exceed one thousand dollars for each day such
    14  plan, report, or fee is not submitted.
    15    (b) Notwithstanding the provisions of section 71-2724 of this chapter,
    16  any thermostat manufacturer or producer responsibility organization,  as
    17  defined  in this title, who violates any other provision of, or fails to
    18  perform any duty imposed by this title or any rule or regulation promul-
    19  gated pursuant thereto, or any term or condition of any  certificate  or
    20  permit  issued  pursuant thereto, or any final determination or order of
    21  the commissioner made pursuant to this title shall be liable for a civil
    22  penalty not to exceed two thousand five hundred dollars  for  the  first
    23  violation, five thousand dollars for the second violation, and ten thou-
    24  sand dollars for the third and subsequent violations of this title with-
    25  in a twelve-month period.
    26    5.  Notwithstanding the provisions of section 71-2724 of this chapter,
    27  and in addition to any other penalties provided  in  this  section,  any
    28  person  who  violates  any of the provisions of, or who fails to perform
    29  any duty imposed by, titles  three,  seven,  or  nine  of  this  article
    30  related to the handling, management, storage, transportation or disposal
    31  of solid and hazardous waste, or any other provision of this chapter, or
    32  any  rule  or  regulation  promulgated  pursuant thereto, or any term or
    33  condition of any certificate or permit issued pursuant thereto,  or  any
    34  final  determination  or order of the commissioner made pursuant to this
    35  title shall be subject to the applicable penalties in  article  seventy-
    36  one  of  this  chapter,  including  sections 71-2703 and 71-2705 of this
    37  chapter, as applicable.
    38    6. Penalties under this section shall be assessed by the  commissioner
    39  after a hearing or opportunity to be heard pursuant to the provisions of
    40  section  71-1709  of  this  chapter,  or  by  the court in any action or
    41  proceeding pursuant to section 71-2727 of this chapter, and, in addition
    42  thereto, such person may by similar process be enjoined from  continuing
    43  such  violation  and any permit or certificate issued to such person may
    44  be revoked or suspended or a pending renewal application denied.
    45    7. All civil penalties and fines collected for any violation  of  this
    46  title  shall  be deposited to the credit of the environmental protection
    47  fund established pursuant to section ninety-two-s of the  state  finance
    48  law.
    49    § 2. The state finance law is amended by adding a new section 92-kk to
    50  read as follows:
    51    §  92-kk.  Mercury  thermostat  stewardship  fund.  1. There is hereby
    52  established in the joint  custody  of  the  state  comptroller  and  the
    53  commissioner  of  the department of taxation and finance, a special fund
    54  to be known as the "mercury thermostat stewardship fund".
    55    2. The mercury thermostat stewardship fund shall consist of all reven-
    56  ue collected from fees pursuant to title twenty-nine of article  twenty-
        A. 10586                           11

     1  seven  of  the environmental conservation law and any cost recoveries or
     2  other revenues collected pursuant to title twenty-nine of article  twen-
     3  ty-seven  of  the  environmental  conservation law, and any other monies
     4  deposited into the fund pursuant to law.
     5    3.  Moneys  of  the  fund, following appropriation by the legislature,
     6  shall be used for execution of the program pursuant to title twenty-nine
     7  of article twenty-seven  of  the  environmental  conservation  law,  and
     8  expended  for  the purposes as set forth in title twenty-nine of article
     9  twenty-seven of the environmental conservation law.
    10    § 3. Any department, authority, instrumentality, or  municipal  corpo-
    11  ration of the state administering a program that involves the removal or
    12  replacement of mercury thermostats as a result of any statutory require-
    13  ment, shall inform contractors of their statutory obligations to deliver
    14  the  mercury  thermostats  to  a  collection  site  and  prohibiting the
    15  disposal of such thermostats in a solid-waste facility.
    16    § 4. Section 4 of chapter 550 of the laws of 2013, amending the  envi-
    17  ronmental  conservation law relating to establishing the mercury thermo-
    18  stat collection act, as amended by chapter 349 of the laws of  2023,  is
    19  amended to read as follows:
    20    §  4.  This  act shall take effect immediately and shall expire and be
    21  deemed repealed January 1, [2025] 2048.
    22    § 5. This act shall take effect immediately;  provided,  however,  the
    23  amendments  to  title 29 of article 27 of the environmental conservation
    24  law made by section one of this act shall not affect the  expiration  of
    25  such title and shall be deemed repealed therewith.