Bill Text: TX HB695 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the establishment of a program for the collection, transportation, recycling, and disposal of mercury-added thermostats.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2011-05-16 - Referred to Natural Resources [HB695 Detail]
Download: Texas-2011-HB695-Engrossed.html
82R22978 KJM-D | ||
By: Allen, Reynolds, et al. | H.B. No. 695 |
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relating to the establishment of a program for the collection, | ||
transportation, recycling, and disposal of mercury-added | ||
thermostats. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 361, Health and Safety Code, is amended | ||
by adding Subchapter Z to read as follows: | ||
SUBCHAPTER Z. MERCURY-ADDED THERMOSTAT COLLECTION PROGRAM | ||
Sec. 361.971. DEFINITIONS. In this subchapter: | ||
(1) "Air-conditioning and refrigeration contractor" | ||
has the meaning assigned by Section 1302.002, Occupations Code. | ||
(2) "Manufacturer" means a business concern that owns | ||
or owned a name brand of mercury-added thermostats sold in this | ||
state. | ||
(3) "Mercury-added thermostat" means a thermostat | ||
that uses a mercury switch to sense and control room temperature | ||
through communication with heating, ventilating, or | ||
air-conditioning equipment in residential, commercial, industrial, | ||
or other buildings. The term does not include a thermostat used to | ||
sense and control temperature as part of a manufacturing process. | ||
(4) "Out-of-service mercury-added thermostat" means a | ||
mercury-added thermostat that is removed from service in this state | ||
and is intended to be discarded. | ||
(5) "Retailer" means a person who sells thermostats | ||
directly to a consumer through a selling or distribution mechanism, | ||
including a sale using a catalog or the Internet. | ||
(6) "Thermostat" means a device that uses a switch to | ||
sense and control room temperature in a residential, commercial, | ||
industrial, or other building through communication with heating, | ||
ventilating, or air-conditioning equipment. | ||
(7) "Wholesaler" means a person engaged in the | ||
distribution and wholesale selling of heating, ventilation, and | ||
air-conditioning components to contractors who install heating, | ||
ventilation, and air-conditioning components and whose total | ||
wholesale sales account for 80 percent or more of total sales. The | ||
term does not include a manufacturer. | ||
Sec. 361.972. MERCURY-ADDED THERMOSTAT RECYCLING. A person | ||
who removes a mercury-added thermostat from service shall: | ||
(1) handle the thermostat in accordance with this | ||
subchapter and rules adopted under this subchapter; | ||
(2) take the thermostat to a point of collection with a | ||
collection bin operating in accordance with this subchapter and | ||
rules adopted under this subchapter; and | ||
(3) dispose of the thermostat only by recycling the | ||
thermostat in a manner described by this subchapter. | ||
Sec. 361.973. MANUFACTURER PROGRAMS FOR OUT-OF-SERVICE | ||
MERCURY-ADDED THERMOSTATS. (a) Each manufacturer of mercury-added | ||
thermostats that have been sold in this state shall, individually | ||
or collectively with other manufacturers, establish and maintain a | ||
collection and recycling program for out-of-service mercury-added | ||
thermostats. Each manufacturer, individually or collectively with | ||
other manufacturers, is responsible for collecting, handling, | ||
transporting, and recycling or disposing of out-of-service | ||
mercury-added thermostats through a program in accordance with this | ||
subchapter and rules adopted under this subchapter. | ||
(b) A manufacturer or a group of manufacturers operating a | ||
program collectively may contract with a retailer to provide a | ||
point of collection for out-of-service mercury-added thermostats, | ||
either in the retailer's place of business or elsewhere. | ||
(c) A retailer participating in a manufacturer's program | ||
under this section by providing a point of collection for | ||
out-of-service mercury-added thermostats shall post at the | ||
collection site prominent, easily visible signs that provide | ||
information about the collection and recycling of out-of-service | ||
mercury-added thermostats. | ||
(d) A manufacturer may not sell, offer for sale, or | ||
distribute in this state any thermostats unless the manufacturer | ||
complies with this subchapter and the rules adopted under this | ||
subchapter. | ||
Sec. 361.974. COLLECTION BINS. A manufacturer's program | ||
established under Section 361.973 shall: | ||
(1) provide collection bins for out-of-service | ||
mercury-added thermostat collection to: | ||
(A) wholesalers, at a one-time administrative | ||
fee not to exceed $40; and | ||
(B) a local government that requests a collection | ||
bin for use at a household hazardous waste collection facility or a | ||
household hazardous waste event, at a one-time administrative fee | ||
not to exceed $40; and | ||
(2) arrange for either: | ||
(A) the pickup of the contents of the collection | ||
bins provided pursuant to this section for proper handling and | ||
recycling; or | ||
(B) the payment of the costs of shipping the | ||
collection bins provided under this section for proper handling and | ||
recycling in accordance with the program. | ||
Sec. 361.975. INITIAL PROGRAM EDUCATION AND OUTREACH. (a) | ||
A manufacturer's program established under Section 361.973, in | ||
accordance with commission rules, shall: | ||
(1) establish and provide to the commission the | ||
address of a public Internet website through which visitors can | ||
easily download templates of educational materials; | ||
(2) to encourage greater participation in the proper | ||
management of out-of-service mercury-added thermostats in this | ||
state, undertake to engage other stakeholders, including waste, | ||
demolition, heating, ventilation, and air-conditioning | ||
organizations, and appropriate state agencies; | ||
(3) encourage wholesalers to support and participate | ||
in educating customers on the proper management of out-of-service | ||
mercury-added thermostats; and | ||
(4) encourage retailers to support and participate in | ||
educating consumers on the proper management of out-of-service | ||
mercury-added thermostats. | ||
(b) This section expires January 1, 2014. | ||
Sec. 361.976. EDUCATIONAL AND OUTREACH MATERIALS. (a) A | ||
manufacturer's program established under Section 361.973, in | ||
accordance with commission rules, shall develop, update as | ||
necessary, and make available to participating retailers, | ||
participating wholesalers, and participating household hazardous | ||
waste programs educational and other outreach materials for: | ||
(1) heating, ventilation, and air-conditioning | ||
contractors, demolition contractors, and associations of those | ||
contractors; | ||
(2) local governments that provide household | ||
hazardous waste programs; and | ||
(3) homeowners. | ||
(b) Materials developed and made available under Subsection | ||
(a) must include at least one of the following: | ||
(1) signs designed for prominent, easily visible | ||
display for viewing by consumers and contractors; or | ||
(2) written materials or templates of materials for | ||
reproduction by participating retailers and participating | ||
wholesalers to be provided to the consumer at the time of purchase | ||
or delivery of a thermostat that include information on: | ||
(A) proper management of out-of-service | ||
mercury-added thermostats; and | ||
(B) locations where out-of-service mercury-added | ||
thermostats are collected for proper handling, recycling, or | ||
disposal. | ||
Sec. 361.977. PROGRESS REPORT. (a) On or before April 1 of | ||
each year, a manufacturer, through a program established under | ||
Section 361.973, shall submit to the commission and post on the | ||
program's Internet website a report that includes: | ||
(1) the number of out-of-service mercury-added | ||
thermostats the program collected in this state during the | ||
preceding calendar year; | ||
(2) the estimated total amount of mercury contained in | ||
the out-of-service mercury-added thermostats the program collected | ||
during the preceding calendar year; | ||
(3) an evaluation of the effectiveness of the program; | ||
(4) an accounting of the program's administrative | ||
costs that includes: | ||
(A) for a nonprofit organization's program, a | ||
copy of Internal Revenue Service Form 990; or | ||
(B) for a for-profit organization's program, | ||
independently audited financial statements detailing revenues and | ||
a full accounting of administrative costs incurred; | ||
(5) a description of the outreach strategies employed | ||
to increase participation and collection rates; | ||
(6) examples of outreach and educational materials | ||
used; | ||
(7) names and locations of all participating points of | ||
collection; | ||
(8) the total number of out-of-service mercury-added | ||
thermostats collected; | ||
(9) the Internet website address at which the annual | ||
report may be viewed online; | ||
(10) a description of how the collected out-of-service | ||
mercury-added thermostats were managed; and | ||
(11) beginning with the report due April 1, 2014, a | ||
comparison of collections to the collection goals established under | ||
this section. | ||
(b) With the first progress report due under Subsection (a), | ||
a manufacturer, individually or collectively with other | ||
manufacturers, shall submit to the commission collection goals that | ||
ensure an increase in the number of mercury-added thermostats | ||
collected each year until 2018 or until a time the commission | ||
determines that the number of in-service mercury-added thermostats | ||
is steadily declining as a result of the ban on sales and | ||
installation of mercury-added thermostats. | ||
(c) The commission shall use the progress reports required | ||
by this section to determine whether collection goals are being | ||
met. If collection goals are not met, the commission may require | ||
modifications to a manufacturer's collection plans in an attempt to | ||
improve collection rates. | ||
(d) The manufacturer or group of manufacturers operating a | ||
program shall post the progress report submitted under this section | ||
on a public Internet website. | ||
(e) The commission shall post progress reports submitted | ||
under this section on the commission's Internet website or provide | ||
a link to the public Internet website described by Subsection (d). | ||
(f) The commission by rule shall establish a review | ||
procedure that includes: | ||
(1) notice of the review procedure and timeline, | ||
including notice of the opportunity for public comment to be posted | ||
on the commission's Internet website; and | ||
(2) a period for public comment that extends at least | ||
90 days from the date the commission posts progress reports | ||
submitted under this section. | ||
(g) The commission shall review and consider the progress | ||
reports and the public comments submitted under this section. The | ||
commission shall consider each progress report's consistency with | ||
other thermostat manufacturers' collection programs in this state | ||
and in other states. The commission may consult with thermostat | ||
manufacturers, thermostat wholesalers, thermostat technicians, | ||
thermostat retailers, environmental interest groups, and local | ||
governments to solicit additional comments. | ||
(h) The commission may discontinue the requirement for the | ||
progress report under this section and the requirements of Section | ||
361.976 if the commission finds, based on diminished returns of | ||
thermostats, that additional education and reporting requirements | ||
would result in only a de minimis number of out-of-service | ||
mercury-added thermostats being returned in this state. | ||
Sec. 361.978. COMMISSION'S EDUCATION RESPONSIBILITIES. | ||
(a) The commission may provide outreach to educate consumers | ||
regarding the collection and recycling requirement for | ||
out-of-service mercury-added thermostats. | ||
(b) The commission shall provide a link on the commission's | ||
Internet website for a program operated by a manufacturer or group | ||
of manufacturers by which consumers, contractors, retailers, and | ||
wholesalers are provided information about the recycling of | ||
out-of-service mercury-added thermostats. | ||
Sec. 361.979. THERMOSTAT SALES OR DISTRIBUTION PROHIBITED; | ||
LIST OF NONCOMPLIANT MANUFACTURERS. (a) A person, including a | ||
manufacturer, wholesaler, or retailer, may not sell, offer for | ||
sale, or distribute in this state: | ||
(1) a mercury-added thermostat; or | ||
(2) a thermostat that is produced by a manufacturer | ||
that has been listed on the commission's Internet website as a | ||
noncompliant manufacturer for 120 or more consecutive days. | ||
(b) On January 2 and July 1 of each year, the commission | ||
shall post a list on its Internet website of manufacturers that are | ||
not in compliance with this subchapter. | ||
(c) A wholesaler or retailer that distributes or sells | ||
thermostats shall monitor the commission's Internet website to | ||
determine whether the sale of a manufacturer's thermostat is in | ||
compliance with this subchapter. | ||
Sec. 361.980. THERMOSTAT INSTALLATION PROHIBITED. A person | ||
may not install a mercury-added thermostat. | ||
Sec. 361.981. WHOLESALER DUTY: POINT OF COLLECTION. (a) A | ||
wholesaler may not sell, offer for sale, or distribute in this state | ||
any thermostats unless the wholesaler: | ||
(1) provides at each of its places of business in this | ||
state a point of collection for out-of-service mercury-added | ||
thermostats if the wholesaler conducts business from a physical | ||
location in this state; | ||
(2) participates as a collection site in a | ||
manufacturer's collection program as described under Section | ||
361.973; or | ||
(3) otherwise collects out-of-service mercury-added | ||
thermostats in accordance with applicable state and federal law. | ||
(b) A wholesaler that provides a collection site shall post | ||
at the collection site prominent, easily visible signs that provide | ||
information about the collection and recycling of out-of-service | ||
mercury-added thermostats. | ||
Sec. 361.982. DISTRIBUTION OF INFORMATION ON POINTS OF | ||
COLLECTION. A retailer or wholesaler that distributes new | ||
thermostats by mail to buyers in this state shall include with the | ||
sale of the new thermostat an Internet website address and | ||
toll-free telephone number with instructions on obtaining a prepaid | ||
mail-in label that a consumer may use to send an out-of-service | ||
mercury-added thermostat to a point of collection for mercury-added | ||
thermostats. | ||
Sec. 361.983. WHOLESALER DISTRIBUTION OF EDUCATIONAL AND | ||
OUTREACH MATERIALS. A wholesaler shall distribute the educational | ||
and outreach materials developed and made available under Section | ||
361.976 to its customers. | ||
Sec. 361.984. AIR-CONDITIONING AND REFRIGERATION | ||
CONTRACTOR RESPONSIBILITIES. An air-conditioning and | ||
refrigeration contractor who removes a mercury-added thermostat | ||
shall: | ||
(1) handle the thermostat in accordance with this | ||
subchapter and rules adopted under this subchapter; and | ||
(2) take the thermostat to a point of collection with a | ||
collection bin operating in accordance with this subchapter and | ||
rules adopted under this subchapter. | ||
Sec. 361.985. MANUFACTURERS' COMPLIANCE ASSURANCE. The | ||
commission may require a manufacturer or group of manufacturers | ||
operating a program established under Section 361.973 to revise the | ||
collection and recycling program and to take other necessary | ||
actions to comply with this subchapter. | ||
Sec. 361.986. AIR-CONDITIONING AND REFRIGERATION | ||
CONTRACTOR COMPLIANCE. (a) The commission is responsible for | ||
ensuring compliance with Section 361.984. | ||
(b) The Texas Department of Licensing and Regulation shall | ||
refer to the commission any complaints filed with that department | ||
and any other information obtained by that department against an | ||
air-conditioning and refrigeration contractor related to a | ||
violation of Section 361.984. | ||
Sec. 361.987. COMMISSION REPORT. Not later than August 1 of | ||
each year, the commission shall compile information from progress | ||
reports and comments received under Section 361.977 and issue an | ||
electronic report to the committee in each house of the legislature | ||
that has primary jurisdiction over environmental matters. | ||
Sec. 361.988. DISPOSAL AND TRANSPORTATION REQUIREMENT. (a) | ||
An owner or operator of a solid waste treatment, processing, or | ||
disposal facility is not in violation of this subchapter or a rule | ||
adopted under this subchapter if the owner or operator: | ||
(1) posts in a conspicuous location a sign stating | ||
that mercury-added thermostats are not accepted at the facility and | ||
must be taken to a point of collection; and | ||
(2) notifies in writing at least once each calendar | ||
year until December 31, 2014, each solid waste collector who has | ||
contracted to dispose of waste at the facility that mercury-added | ||
thermostats are not accepted for disposal in a solid waste | ||
treatment, processing, or disposal facility. | ||
(b) A commercial transporter of solid waste who transports | ||
waste to a solid waste treatment, processing, or disposal facility | ||
is not in violation of this subchapter or a rule adopted under this | ||
subchapter if the transporter notifies in writing at least once | ||
each calendar year until December 31, 2014, each person who has | ||
contracted directly with the transporter for the transportation of | ||
solid waste that mercury-added thermostats are not accepted for | ||
disposal in a solid waste treatment, processing, or disposal | ||
facility. | ||
SECTION 2. (a) A manufacturer's program established | ||
individually or collectively under Section 361.973, Health and | ||
Safety Code, as added by this Act, is required to provide collection | ||
bins as provided by Section 361.974, Health and Safety Code, as | ||
added by this Act, only on and after July 1, 2012. | ||
(b) A manufacturer's program established individually or | ||
collectively under Section 361.973, Health and Safety Code, as | ||
added by this Act, is required to perform the duties provided by | ||
Section 361.975, Health and Safety Code, as added by this Act, only | ||
on and after July 1, 2012. | ||
(c) A manufacturer's program established individually or | ||
collectively under Section 361.973, Health and Safety Code, as | ||
added by this Act, is required to develop, update, and make | ||
available educational and outreach materials as provided by Section | ||
361.976, Health and Safety Code, as added by this Act, only on and | ||
after July 1, 2012. | ||
(d) The first progress report required by Section 361.977, | ||
Health and Safety Code, as added by this Act, is due April 1, 2013. | ||
(e) The Texas Commission on Environmental Quality shall | ||
begin posting the commission's list of noncompliant manufacturers | ||
as provided by Section 361.979, Health and Safety Code, as added by | ||
this Act, on July 1, 2012. | ||
(f) The Texas Commission on Environmental Quality shall | ||
issue the first report required by Section 361.987, Health and | ||
Safety Code, as added by this Act, not later than August 1, 2013. | ||
SECTION 3. This Act takes effect September 1, 2011. |