PRIOR PRINTER'S NO. 4028 PRINTER'S NO. 4752
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, YOUNGBLOOD AND BEYER, MAY 2, 2006
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 16, 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
1 mercury.
2 (3) Current efforts to limit the improper handling and <--
3 disposal of mercury thermostats have been largely
4 ineffective.
5 (3) A VOLUNTARY PROGRAM TO COLLECT MERCURY THERMOSTATS <--
6 FROM CONTRACTORS CREATED BY THREE THERMOSTAT MANUFACTURERS
7 HAS BEEN OPERATING IN THIS COMMONWEALTH SINCE 2000.
8 (4) IT IS IN THE PUBLIC INTEREST TO SIGNIFICANTLY
9 INCREASE THE SCOPE AND EFFECTIVENESS OF EXISTING MERCURY
10 THERMOSTAT COLLECTION PROGRAMS THROUGH ENACTMENT OF A
11 MANDATORY RECYCLING LAW.
12 (4) (5) Electronic programmable thermostats that do not <--
13 contain mercury are readily available and can save consumers
14 considerable money in home energy costs when used correctly.
15 (5) (6) Snap switch thermostats that function like <--
16 mercury thermostats but contain no mercury are also
17 available.
18 Section 3. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Department." The Department of Environmental Protection of
23 the Commonwealth.
24 "MANUFACTURER." THE OWNER OF A BRAND NAME ON A THERMOSTAT. <--
25 "Mercury thermostat." A product or device that contains
26 mercury or a mercury compound and is used to sense and control
27 room temperature through communication with heating, ventilating
28 or air-conditioning equipment. THE TERM DOES NOT INCLUDE SUCH <--
29 PRODUCT OR DEVICE USED TO SENSE AND CONTROL TEMPERATURE AS PART
30 OF A MANUFACTURING PROCESS.
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1 "WHOLESALER." A BUSINESS THAT THE DEPARTMENT OF
2 ENVIRONMENTAL PROTECTION DETERMINES IS PRIMARILY ENGAGED IN THE
3 DISTRIBUTION AND WHOLESALE SELLING OF LARGE QUANTITIES OF
4 HEATING, VENTILATION AND AIR CONDITIONING COMPONENTS TO
5 CONTRACTORS WHO INSTALL HEATING, VENTILATION AND AIR
6 CONDITIONING COMPONENTS.
7 Section 4. Prohibition on sale of mercury thermostats.
8 No BEGINNING JANUARY 1, 2008, OR ONE YEAR AFTER THE EFFECTIVE <--
9 DATE OF THIS SECTION, WHICHEVER OCCURS FIRST, NO person shall
10 sell, offer for sale or distribute a mercury thermostat in this
11 Commonwealth.
12 Section 5. Restrictions on disposal of mercury thermostats.
13 (a) Improper disposal prohibited.--
14 (1) No person may dispose of a mercury thermostat in a <--
15 manner other than by recycling or disposal as hazardous
16 waste.
17 (2) No person may discharge mercury from a mercury
18 thermostat to water, wastewater treatment or wastewater
19 disposal system, unless in compliance with applicable
20 Federal, State or local requirements.
21 (1) BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS <--
22 SECTION, NO PERSON, MUNICIPALITY OR OPERATOR OF A SOLID WASTE
23 TREATMENT, PROCESSING OR DISPOSAL FACILITY SHALL DISPOSE,
24 PERMIT THE DISPOSAL OF OR SEND TO A RESOURCE RECOVERY
25 FACILITY FOR PROCESSING A MERCURY THERMOSTAT FROM WHICH THE
26 MERCURY HAS NOT BEEN REMOVED FOR REUSE, RECYCLING OR OTHER
27 METHODS APPROVED BY THE DEPARTMENT.
28 (3) (2) This subsection shall not be construed to affect <--
29 prior existing laws, rules or regulations MORE STRINGENT THAN <--
30 THE PROVISIONS UNDER PARAGRAPH (1) governing the disposal of
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1 mercury, mercury thermostats and other products containing
2 mercury.
3 (b) Safe disposal education.--The department shall develop a
4 plan for educating schools, local governments, businesses and
5 the public on proper disposal methods for mercury thermostats
6 and other products containing mercury.
7 Section 6. Government agencies and low-income housing <--
8 facilities.
9 A government agency and the owner or operator of a low-income
10 housing facility may purchase a thermostat for use in a new
11 building or renovation in this Commonwealth only if the
12 thermostat does not contain mercury.
13 SECTION 6. COLLECTION PROGRAMS REQUIRED. <--
14 (A) DUTY OF MANUFACTURERS TO ESTABLISH.--EACH MANUFACTURER
15 OF MERCURY THERMOSTATS THAT HAVE BEEN SOLD IN THIS COMMONWEALTH
16 SHALL, INDIVIDUALLY OR COLLECTIVELY, ESTABLISH AND MAINTAIN A
17 DEPARTMENT-APPROVED COLLECTION AND RECYCLING PROGRAM FOR OUT-OF-
18 SERVICE MERCURY THERMOSTATS FROM CONTRACTORS, SERVICE
19 TECHNICIANS AND HOMEOWNERS. THE PROGRAM MAY NOT INVOLVE ANY
20 DIRECT COST TO CONTRACTORS, SERVICE TECHNICIANS OR HOMEOWNERS
21 FOR PARTICIPATING IN THE PROGRAM, EXCEPT WHOLESALERS AND
22 CONTRACTORS MAY BE ASSESSED A ONE-TIME ADMINISTRATIVE FEE FOR
23 EACH AUTHORIZED COLLECTION BIN PROVIDED FOR THEIR OWN USE. THE
24 PROGRAM SHALL BE DEVELOPED IN A MANNER THAT ENSURES TO THE
25 MAXIMUM EXTENT THAT:
26 (1) THE CAPTURE RATE OF OUT-OF-SERVICE MERCURY
27 THERMOSTATS IS MAXIMIZED.
28 (2) ADEQUATE INCENTIVES AND EDUCATION ARE PROVIDED TO
29 CONTRACTORS, SERVICE TECHNICIANS AND HOMEOWNERS TO ENCOURAGE
30 RETURN OF THERMOSTATS TO ESTABLISHED RECYCLING COLLECTION
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1 POINTS.
2 (3) STAKEHOLDERS, INCLUDING REPRESENTATIVES FROM
3 THERMOSTAT WHOLESALERS, SERVICE CONTRACTORS, ENVIRONMENTAL
4 GROUPS, MUNICIPAL GOVERNMENT AND HOUSING AGENCIES, ARE
5 PROVIDED OPPORTUNITY TO PROVIDE FEEDBACK AND SUGGESTIONS
6 DURING THE PROGRAM'S DEVELOPMENT AND IMPLEMENTATION.
7 (4) THE PURCHASE OF MERCURY-FREE PROGRAMMABLE
8 THERMOSTATS QUALIFIED BY THE ENVIRONMENTAL PROTECTION
9 AGENCY'S ENERGY STAR PROGRAM AS REPLACEMENTS FOR MERCURY
10 THERMOSTATS IS ENCOURAGED.
11 (5) MECHANISMS ARE IN PLACE TO PROTECT AGAINST THE
12 FRAUDULENT RETURN OF THERMOSTATS.
13 (6) THE HANDLING AND RECYCLING OF MERCURY THERMOSTATS IS
14 ACCOMPLISHED IN A MANNER COMPLIANT WITH SECTION 5 AND ALL
15 OTHER APPLICABLE FEDERAL, STATE AND LOCAL REQUIREMENTS.
16 (7) STORAGE BINS ARE PROVIDED THAT COMPLY WITH
17 APPLICABLE FEDERAL AND STATE UNIVERSAL WASTE REQUIREMENTS FOR
18 MERCURY THERMOSTAT COLLECTION TO ALL HEATING, VENTILATION AND
19 AIR CONDITIONING SUPPLY, ELECTRICAL SUPPLY AND PLUMBING
20 SUPPLY DISTRIBUTOR LOCATIONS THAT SELL THERMOSTATS IN THIS
21 COMMONWEALTH.
22 (8) STORAGE BINS ARE PROVIDED THAT COMPLY WITH
23 APPLICABLE FEDERAL AND STATE UNIVERSAL WASTE REQUIREMENTS FOR
24 MERCURY THERMOSTAT COLLECTION TO ALL MUNICIPALITIES AND
25 OTHERS REQUESTING BINS FOR MERCURY THERMOSTAT COLLECTION AT
26 UNIVERSAL WASTE COLLECTION SITES OR AT PERIODIC HOUSEHOLD
27 HAZARDOUS WASTE COLLECTION EVENTS, AS LONG AS THE COLLECTION
28 SITES OR EVENTS ARE APPROVED BY THE DEPARTMENT FOR MERCURY
29 THERMOSTAT COLLECTION.
30 (9) A PLAN IS DEVELOPED FOR EDUCATING LOCAL GOVERNMENTS,
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1 CONTRACTORS, WHOLESALERS, RETAILERS AND THE PUBLIC TO
2 ENCOURAGE THE RECYCLING OF MERCURY THERMOSTATS.
3 (10) AN ANNUAL REPORT IS SUBMITTED TO THE DEPARTMENT
4 EACH YEAR, BY A DATE TO BE DETERMINED BY THE DEPARTMENT, THAT
5 INCLUDES AT A MINIMUM:
6 (I) THE NUMBER OF MERCURY THERMOSTATS COLLECTED AND
7 RECYCLED BY THAT MANUFACTURER PURSUANT TO THIS SECTION
8 DURING THE PREVIOUS YEAR.
9 (II) THE ESTIMATED TOTAL AMOUNT OF MERCURY CONTAINED
10 IN THE MERCURY COMPONENTS COLLECTED BY THAT MANUFACTURER
11 PURSUANT TO THIS SECTION.
12 (III) AN EVALUATION OF THE EFFECTIVENESS OF THE
13 MANUFACTURER'S COLLECTION AND RECYCLING PROGRAM AND ANY
14 INCENTIVES PROVIDED.
15 (IV) AN ACCOUNTING OF THE ADMINISTRATIVE COSTS
16 INCURRED IN THE COURSE OF ADMINISTERING THE COLLECTION
17 AND RECYCLING PROGRAM DEVELOPED PURSUANT TO THIS SECTION.
18 (11) THE PROGRAM OTHERWISE IMPLEMENTS ALL ASPECTS OF THE
19 COLLECTION PROGRAM AS INSTRUCTED BY THE DEPARTMENT.
20 (B) SPECIAL SALES PROHIBITION.--
21 (1) A MANUFACTURER THAT VIOLATES THIS SECTION IS
22 PROHIBITED FROM OFFERING ANY THERMOSTAT FOR SALE IN THIS
23 COMMONWEALTH.
24 (2) A MANUFACTURER THAT VIOLATES THIS SECTION SHALL
25 PROVIDE THE NECESSARY SUPPORT TO RETAILERS TO ENSURE THE
26 MANUFACTURER'S THERMOSTATS ARE NOT OFFERED FOR SALE IN THIS
27 COMMONWEALTH.
28 (3) A WHOLESALER OR RETAILER MAY NOT OFFER FOR SALE IN
29 THIS COMMONWEALTH ANY THERMOSTAT OF A MANUFACTURER THAT
30 VIOLATES THIS SECTION.
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1 (C) WHOLESALER AND RETAILER PARTICIPATION.--
2 (1) BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
3 SECTION, A WHOLESALER OR RETAILER MAY NOT SELL A THERMOSTAT
4 IN THIS COMMONWEALTH UNLESS THE WHOLESALER OR RETAILER ACTS
5 AS A COLLECTION SITE FOR THERMOSTATS THAT CONTAIN MERCURY.
6 (2) A WHOLESALER OR RETAILER MAY MEET THE REQUIREMENTS
7 OF THIS SUBSECTION BY PARTICIPATING AS A COLLECTION SITE IN A
8 MANUFACTURER COLLECTION PROGRAM AS DESCRIBED UNDER SUBSECTION
9 (A) OR BY COLLECTING THERMOSTATS THAT CONTAIN MERCURY AND
10 DISPOSING OF THE COLLECTED THERMOSTATS IN ACCORDANCE WITH
11 APPLICABLE FEDERAL AND STATE UNIVERSAL WASTE RULES.
12 (D) DEPARTMENT OVERSIGHT.--
13 (1) EACH MANUFACTURER SHALL SUBMIT TO THE DEPARTMENT FOR
14 REVIEW AND APPROVAL THE COLLECTION PROGRAM REQUIRED UNDER
15 SUBSECTION (A) NO LATER THAN 90 DAYS AFTER THE EFFECTIVE DATE
16 OF THIS SECTION, EXCEPT THAT THE PORTION OF THE PROGRAM
17 APPLICABLE TO HOMEOWNER COLLECTION SHALL BE SUBMITTED NO
18 LATER THAN SEPTEMBER 30, 2007. THE PROPOSED PROGRAM MAY
19 INCLUDE APPROPRIATE ENHANCEMENTS TO AN EXISTING PROGRAM OR A
20 NEW PROGRAM.
21 (2) WITHIN 30 DAYS AFTER RECEIPT OF A MANUFACTURER'S
22 COLLECTION PROGRAM PROPOSAL, THE DEPARTMENT SHALL ISSUE A
23 PUBLIC NOTICE OF THE AVAILABILITY OF THE PROPOSAL AND SOLICIT
24 PUBLIC COMMENT ON IT. WITHIN 90 DAYS AFTER RECEIPT OF A
25 PROPOSAL, THE DEPARTMENT SHALL APPROVE, CONDITIONALLY APPROVE
26 OR DISAPPROVE THE ENTIRE PROPOSAL.
27 (3) IF THE PROGRAM PROPOSAL IS APPROVED, WITH OR WITHOUT
28 CONDITIONS, THE MANUFACTURER OR MANUFACTURERS SHALL BEGIN
29 IMPLEMENTING THE PROGRAM WITHIN 30 DAYS AFTER RECEIPT OF
30 APPROVAL.
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1 (4) IF THE ENTIRE PLAN IS DISAPPROVED, THE DEPARTMENT
2 SHALL INFORM THE MANUFACTURER AS TO THE REASONS FOR THE
3 DISAPPROVAL. THE MANUFACTURER SHALL HAVE 30 DAYS THEREAFTER
4 TO SUBMIT A NEW PLAN.
5 (5) IF THE NEW PLAN IS DISAPPROVED FOLLOWING PUBLIC
6 NOTICE AND AN OPPORTUNITY TO COMMENT, THE MANUFACTURER SHALL
7 BE CONSIDERED OUT OF COMPLIANCE FOR THE PURPOSES OF SECTION
8 6(C) BEGINNING ON THE DATE THE NEW PLAN IS DISAPPROVED BY THE
9 DEPARTMENT.
10 (6) IN CONDUCTING ITS DUTIES UNDER THIS SUBSECTION, THE
11 DEPARTMENT SHALL TAKE INTO ACCOUNT THE EXPERIENCE OF RELEVANT
12 THERMOSTAT COLLECTION PROGRAMS IN OTHER STATES AND APPROVE A
13 PROPOSED MANUFACTURER COLLECTION PROGRAM IF IT CONTAINS TERMS
14 AND CONDITIONS SUFFICIENT FOR THE DEPARTMENT TO CONCLUDE THAT
15 THE PROPOSED PROGRAM REPRESENTS THE BEST AVAILABLE APPROACH
16 TO IMPROVE SUBSTANTIALLY MERCURY THERMOSTAT COLLECTION IN
17 THIS COMMONWEALTH.
18 (E) SAFE DISPOSAL EDUCATION.--THE DEPARTMENT SHALL DEVELOP A
19 PLAN FOR EDUCATING SCHOOLS, LOCAL GOVERNMENTS, BUSINESSES AND
20 THE PUBLIC ON PROPER DISPOSAL METHODS FOR MERCURY THERMOSTATS
21 AND OTHER PRODUCTS CONTAINING MERCURY.
22 (F) GOALS.--
23 (1) BY JUNE 30, 2007, THE DEPARTMENT SHALL, IN
24 CONSULTATION WITH STAKEHOLDERS, ESTIMATE HOW MANY MERCURY
25 THERMOSTATS BECOME OUT OF SERVICE IN THIS COMMONWEALTH EACH
26 YEAR. THE GOAL OF THE COLLECTION PROGRAMS OUTLINED IN THIS
27 SECTION SHALL BE TO COLLECT AT LEAST 50% OF OUT-OF-SERVICE
28 MERCURY THERMOSTATS IN CALENDAR YEAR 2009 AND AT LEAST 80%
29 PER YEAR IN CALENDAR YEAR 2012 AND THEREAFTER.
30 (2) SHOULD COLLECTION EFFORTS FAIL TO MEET THESE GOALS,
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1 THE DEPARTMENT SHALL, IN CONSULTATION WITH STAKEHOLDERS,
2 REQUIRE ALTERATIONS TO COLLECTION PROGRAMS IN AN ATTEMPT TO
3 IMPROVE COLLECTION RATES IN ACCORDANCE WITH THESE GOALS.
4 (3) THE DEPARTMENT MAY ALTER ANY AND ALL ELEMENTS OF THE
5 PREVIOUSLY APPROVED MANUFACTURER COLLECTION PROGRAMS,
6 INCLUDING, BUT NOT LIMITED TO, THE SIZE AND NATURE OF THE
7 INCENTIVES PROVIDED, THE NUMBER AND LOCATION OF THE
8 COLLECTION POINTS AND THE ROLES OF THERMOSTAT MANUFACTURERS,
9 WHOLESALERS, RETAILERS, SERVICE CONTRACTORS AND MUNICIPAL
10 GOVERNMENTS IN THE COLLECTION PROGRAMS, PROVIDED SUCH
11 ALTERATIONS ARE NOT INCONSISTENT WITH THE REQUIREMENTS OF
12 THIS AND OTHER APPLICABLE LAWS.
13 (G) REPORTING.--
14 (1) WITHIN 90 DAYS AFTER RECEIPT OF THE MANUFACTURERS'
15 ANNUAL REPORTS, THE DEPARTMENT SHALL PUBLISH INFORMATION ON
16 ITS INTERNET WEBSITE ABOUT THE COLLECTION AND RECYCLING OF
17 MERCURY THERMOSTATS IN THIS COMMONWEALTH. THIS INFORMATION
18 SHALL INCLUDE:
19 (I) AN ESTIMATE OF HOW MANY MERCURY THERMOSTATS GO
20 OUT OF SERVICE IN THIS COMMONWEALTH EACH YEAR.
21 (II) A DESCRIPTION OF THE COLLECTION PROGRAMS
22 ESTABLISHED UNDER THIS SECTION.
23 (III) DATA ON ACTUAL COLLECTION RATES.
24 (IV) ANY RECOMMENDATIONS FOR CHANGES CONCERNING THE
25 COLLECTION AND RECYCLING OF MERCURY THERMOSTATS.
26 (2) THE SECRETARY OF ENVIRONMENTAL PROTECTION MAY
27 DISCONTINUE THE REQUIREMENT FOR THE ANNUAL REPORT PURSUANT TO
28 THIS SUBSECTION ON FINDING THAT MERCURY THERMOSTATS NO LONGER
29 POSE A THREAT TO THE ENVIRONMENT AND TO PUBLIC HEALTH.
30 Section 7. Penalties.
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1 The department may levy an administrative fine on a person
2 who violates this act SECTION 4 OR 5. The fine shall not exceed <--
3 $500 $2,500 for each violation. <--
4 Section 8. Effective date.
5 This act shall take effect in one year.
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