PRINTER'S NO. 4028
No. 2658 Session of 2006
INTRODUCED BY RUBLEY, ARMSTRONG, CALTAGIRONE, CAPPELLI,
CRAHALLA, FRANKEL, FREEMAN, GEORGE, GINGRICH, GOODMAN,
JOSEPHS, KENNEY, LEACH, LEVDANSKY, McGEEHAN, MYERS, PAYNE,
ROSS, SCAVELLO, SCHRODER, SHAPIRO, SIPTROTH, B. SMITH, STERN,
SURRA, E. Z. TAYLOR, J. TAYLOR, THOMAS, VITALI, WANSACZ,
WATSON AND YOUNGBLOOD, MAY 2, 2006
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 2, 2006
AN ACT
1 Prohibiting the sale and restricting the disposal of mercury
2 thermostats; and prescribing penalties.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Mercury-Free
7 Thermostat Act.
8 Section 2. Legislative findings.
9 The General Assembly finds and declares as follows:
10 (1) Waterways throughout this Commonwealth have been
11 placed under fish consumption advisory warnings due to high
12 levels of mercury contamination.
13 (2) Mercury thermostats represent the largest amount of
14 mercury in ordinary household products, with a single mercury
15 thermostat often containing between three and five grams of
16 mercury.
1 (3) Current efforts to limit the improper handling and
2 disposal of mercury thermostats have been largely
3 ineffective.
4 (4) Electronic programmable thermostats that do not
5 contain mercury are readily available and can save consumers
6 considerable money in home energy costs when used correctly.
7 (5) Snap switch thermostats that function like mercury
8 thermostats but contain no mercury are also available.
9 Section 3. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Environmental Protection of
14 the Commonwealth.
15 "Mercury thermostat." A product or device that contains
16 mercury or a mercury compound and is used to sense and control
17 room temperature through communication with heating, ventilating
18 or air-conditioning equipment.
19 Section 4. Prohibition on sale of mercury thermostats.
20 No person shall sell, offer for sale or distribute a mercury
21 thermostat in this Commonwealth.
22 Section 5. Restrictions on disposal of mercury thermostats.
23 (a) Improper disposal prohibited.--
24 (1) No person may dispose of a mercury thermostat in a
25 manner other than by recycling or disposal as hazardous
26 waste.
27 (2) No person may discharge mercury from a mercury
28 thermostat to water, wastewater treatment or wastewater
29 disposal system, unless in compliance with applicable
30 Federal, State or local requirements.
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1 (3) This subsection shall not be construed to affect
2 prior existing laws, rules or regulations governing the
3 disposal of mercury, mercury thermostats and other products
4 containing mercury.
5 (b) Safe disposal education.--The department shall develop a
6 plan for educating schools, local governments, businesses and
7 the public on proper disposal methods for mercury thermostats
8 and other products containing mercury.
9 Section 6. Government agencies and low-income housing
10 facilities.
11 A government agency and the owner or operator of a low-income
12 housing facility may purchase a thermostat for use in a new
13 building or renovation in this Commonwealth only if the
14 thermostat does not contain mercury.
15 Section 7. Penalties.
16 The department may levy an administrative fine on a person
17 who violates this act. The fine shall not exceed $500 for each
18 violation.
19 Section 8. Effective date.
20 This act shall take effect in one year.
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