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AB-707 Mercury Thermostat Collection Act of 2008.(2021-2022)

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Date Published: 02/16/2021 09:00 PM
AB707:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 707


Introduced by Assembly Member Quirk

February 16, 2021


An act to amend Sections 25214.8.12 and 25214.8.13 of the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 707, as introduced, Quirk. Mercury Thermostat Collection Act of 2008.
Existing law, the Mercury Thermostat Collection Act of 2008, requires a manufacturer that owns or owned a name brand of mercury-added thermostats, as defined, sold in this state before January 1, 2006, to establish and maintain a collection, transportation, recycling, and disposal program for out-of-service mercury-added thermostats, as defined. The act requires each manufacturer, or group of manufacturers, to provide collection bins to wholesalers for collection of out-of-service mercury-added thermostats at a cost not to exceed $25.
This bill would require each manufacturer, or group of manufacturers, to provide collection bins to wholesalers for collection of out-of-service mercury-added thermostats at a cost not to exceed $30. The bill would make other nonsubstantive changes to the act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25214.8.12 of the Health and Safety Code is amended to read:

25214.8.12.
 (a) (1) A manufacturer shall establish and maintain a program for out-of-service mercury-added thermostats in compliance with this article.
(2) A manufacturer may establish a collection and recycling program for out-of-service mercury-added thermostats individually or collectively with other manufacturers.
(3) A manufacturer, or a group of manufacturers operating a program collectively, may contract with a retailer for in-store or out-of-store collection of out-of-service mercury-added thermostats.
(b) (1) A person shall not sell or offer for sale in this state a thermostat that is produced by a manufacturer that is not in compliance with this article.
(2) The sales prohibition in paragraph (1) shall be effective on the 120th day after the notice described in subdivision (c) listing a manufacturer is posted on the department’s Internet Web site internet website and shall remain in effect until the manufacturer is no longer listed on the department’s Internet Web site. internet website.
(c) On July 1, 2009, and on January 1 and July 1 annually thereafter, of each calendar year, the department shall post a notice on its Internet Web site internet website listing manufacturers that are not in compliance with this article.
(d) A wholesaler or a retailer that distributes or sells mercury-added thermostats shall monitor the department’s Internet Web site internet website to determine if the sale of a manufacturer’s thermostats is in compliance with this section.

SEC. 2.

 Section 25214.8.13 of the Health and Safety Code is amended to read:

25214.8.13.
 Each manufacturer shall individually, or collectively with other manufacturers, do all of the following:
(a) Collect, handle, and arrange for the appropriate management of out-of-service mercury-added thermostats in compliance with this chapter and the regulations adopted pursuant to this chapter.
(b) On and after July 1, 2009, provide Provide collection bins for out-of-service mercury-added thermostat collection to wholesalers at a cost not to exceed twenty-five dollars ($25). thirty dollars ($30).
(c) On and after July 1, 2009, make Make collection bins available at no cost for out-of-service mercury-added thermostats to any local governmental agency that requests a collection bin for use at household hazardous waste collection facilities or household hazardous waste events.
(d) Either arrange for pick up pickup of the collection bins, or pay for the costs of shipping the collection bins provided pursuant to subdivisions (b) and (c) for proper handling and recycling.
(e) From July 1, 2009, to Until December 31, 2011, inclusive, 2026, undertake education and outreach efforts, including, but not limited to, all of the following:
(1) A public service announcement promoting the proper management of out-of-service mercury-added thermostats. Copies of the public service announcement shall be provided to the department and the California Integrated Waste Management Board Department of Resources Recycling and Recovery for their use and promotion.
(2) The establishment of a public Internet Web site. internet website. Templates of educational materials shall be posted on the Internet Web site public internet website that are in a form and format that can be easily downloaded. A link to the Internet Web site public internet website shall be provided to the department and the California Integrated Waste Management Board. Department of Resources Recycling and Recovery.
(3) Methods used to engage other stakeholders such as waste, demolition, heating, ventilation, and air-conditioning organizations, as well as appropriate state agencies and local governments to secure support and participation to encourage the proper management of out-of-service mercury-added thermostats throughout California.
(4) Strategies to work with California utilities participating in demand response programs involving the replacement of thermostats to encourage their participation in the collection and proper management of out-of-service mercury-added thermostats. These strategies may include the inclusion of an educational insert in their customers’ utility bills.
(5) Contacting wholesalers in California and encouraging their support and participation in educating their customers on the proper management of out-of-service mercury-added thermostats.
(6) Strategies used to encourage support and participation by retailers and other outlets to educate consumers on the proper management of out-of-service mercury-added thermostats.
(f) On or before July 1, 2009, develop, Develop, and update as necessary, educational and other outreach materials aimed at heating, ventilation, and air-conditioning contractors, demolition contractors, and their associations, municipal utility districts, and homeowners. Those materials shall be made available to participating retailers, all wholesalers, and household hazardous waste programs. These materials shall include, but are not limited to, one or more of the following:
(1) Signage that is prominently displayed and easily visible to the consumer and contractors.
(2) Written materials and templates of materials for reproduction by retailers and wholesalers to be provided to the consumer at the time of purchase, delivery, or both purchase and delivery of a thermostat. The materials shall include information on the prohibition of improper disposal of mercury-added thermostats, the proper management of out-of-service mercury-added thermostats, and the locations of collection opportunities.
(3) Advertising or other promotional materials, or both, that include references to the collection opportunities.
(4) Materials to be used in direct communications with the consumer and contractor at the time of purchase.
(g) Provide incentives and education to contractors, service technicians, and homeowners to encourage the return of out-of-service mercury-added thermostats to established collection locations.
(h) Encourage the purchase of programmable thermostats that comply with Part 6 (commencing with Section 100) of Title 24 of the California Building Standards Code and that qualify for the Energy Star program of the federal Environmental Protection Agency, as replacements for mercury-added thermostats.
(i) On or before April 1, 2010, and on On or before April 1 annually thereafter, of each calendar year, and annually thereafter, submit an annual report to the department covering the one-year period ending December 31st 31 of the previous calendar year. Each report shall be posted on the manufacturer’s or program’s Internet Web site. internet website. The annual report shall include all of the following:
(1) The number of out-of-service mercury-added thermostats collected in California during the previous calendar year.
(2) The estimated total amount of mercury contained in the collected out-of-service mercury-added thermostats.
(3) An evaluation of the effectiveness of the program.
(4) Commencing with the report due April 1, 2013, a A comparison to the performance requirements for collection established pursuant to subdivision (b) of Section 25214.8.17.
(5) An accounting of the program administrative costs, including a copy of Internal Revenue Service Form 990 for a nonprofit organization’s program. For a for-profit organization’s program, the manufacturer, or group of manufacturers operating a program, shall submit independently audited financial statements detailing revenues and a full accounting of administrative costs incurred.
(6) A description of the outreach strategies employed to increase participation and collection rates.
(7) Examples of outreach and educational materials used.
(8) Names and locations of all participating collection locations.
(9) The number of out-of-service mercury-added thermostats collected at each collection location.
(10) The Internet Web site internet website address where the annual report may be viewed online.
(11) A description of how the collected out-of-service mercury-added thermostats were managed.
(12) Modifications that the manufacturer is proposing to make in its collection and recycling program.