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

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Date Published: 06/29/2021 09:00 PM
AB707:v95#DOCUMENT

Amended  IN  Senate  June 29, 2021
Amended  IN  Assembly  May 28, 2021
Amended  IN  Assembly  May 24, 2021
Amended  IN  Assembly  April 19, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 707

Introduced by Assembly Member Quirk

February 16, 2021

An act to amend Sections 25214.8.10, 25214.8.11, 25214.8.12, 25214.8.13, 25214.8.14, 25214.8.15, and 25214.8.16 of, to amend the heading of Article 10.2.2 (commencing with Section 25214.8.10) of Chapter 6.5 of Division 20 of, to add Sections 25214.8.11.2, 25214.8.11.4, 25214.8.11.6, and 25214.8.13.5 of, to repeal Section 25214.8.20 of, to repeal Article 10.2.2 (commencing with Section 25214.8.10) of Chapter 6.5 of Division 20 of, and to repeal and add Sections 25214.8.17 and 25214.8.18 of, the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 707, as amended, Quirk. Mercury Thermostat Collection Act of 2021.
Existing law, the Mercury Thermostat Collection Act of 2008, as part of the state’s hazardous waste control laws, 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. Among other requirements, 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. A violation of the hazardous waste control laws is a crime.
This bill would recast the program, as part of the state’s hazardous waste control laws, as the Mercury Thermostat Collection Act of 2021. The bill would require each manufacturer of mercury-added thermostats, or group of manufacturers, on or before March 1, 2022, to contract with or retain a qualified third party, as defined, to develop and implement a convenient, cost-effective, and efficient program for the collection, transportation, recycling, and disposal of out-of-service mercury-added thermostats. The bill would require each manufacturer, or group of manufacturers, to issue a request for proposals for a qualified third party to develop and implement the program, and would require the manufacturer, or group of manufacturers, to consider specified factors when selecting the qualified third party. The bill would require the qualified third party to perform specified functions, including, but not limited to, on or before July 1, 2022, developing, develop, implement, and updating update as necessary, on or before July 1, 2022, an educational and outreach campaign sufficient to inform appropriate entities about the importance of safe out-of service mercury-added thermostat collection and recycling or disposal opportunities. The bill would require a manufacturer, or group of manufacturers, to provide to the qualified third party no less than $1,000,000 annually to effectively and efficiently develop and implement this education and outreach program and to also pay for the qualified third party’s costs to implement and comply with the act. The bill would require each manufacturer, or group of manufacturers, to provide collection bins for collection of out-of-service mercury-added thermostats to wholesalers at no cost to the wholesaler. Because a violation of the act would be a crime, the bill would impose a state-mandated local program. opportunities, create and distribute informational materials about the program, and make available to a consumer, as defined, an out-of-service mercury-added thermostat collection incentive of no less than $30 per out-of-service mercury-added thermostat returned to an established collection location, as provided. The bill would require, by April 1, 2022, the qualified third party to submit to the Department of Toxic Substances Control for review and approval, as provided, a written plan for the program that addresses these requirements.
This bill would require the qualified third party to conduct a survey of specified entities to evaluate the effectiveness of the program’s education and outreach campaign and to obtain collection data from each entity engaged in the collection of out-of-service mercury-added thermostats, as provided. The bill would require the qualified third party to annually report to the Department of Toxic Substances Control department information regarding the program, including, but not limited to, the number of out-of-service mercury-added thermostats collected in the state during the previous calendar year.
This bill would require each manufacturer, or group of manufacturers, on or before March 30, 2022, and on or before March 30 of each calendar year thereafter, to pay to the department an aggregate total of $800,000, as provided, which would be required to be deposited in the Hazardous Waste Control Account and, upon appropriation by the Legislature, would be required to be used only for the department’s actual and reasonable regulatory costs to implement and enforce the act. The bill would require that each manufacturer, or group of manufacturers, on or before March 30, 2022, and on or before March 30 of each year thereafter, notify the department in writing of the apportioned payment amount for which the manufacturer or group of manufacturers is responsible so the department can determine each manufacturer’s compliance with the act. The bill would also require each manufacturer, or group of manufacturers, on or before March 30, 2022, and on or before March 30 of each year thereafter, to pay to the qualified third party no less than $1,000,000 annually to effectively and efficiently develop and implement the required education and outreach program and to also pay for the qualified third party’s estimated annual costs to develop and implement the program, as provided. The bill would require a group of manufacturers to notify the department in writing of the identity of a nonpaying manufacturer and the apportioned amount for which the nonpaying manufacturer is responsible so the department can determine each manufacturer’s compliance with the act. The bill would make subject the thermostats of a manufacturer that fails to make a required payment subject to a sales ban, as provided, and a penalty to be assessed by the department. The bill would require all penalties collected by the department to be deposited in the Toxic Substances Control Account. The bill would also require each manufacturer, or group of manufacturers, through the qualified third party, to provide to wholesalers collection bins for collection of out-of-service mercury-added thermostats at no cost to the wholesaler, among other things. The bill would require the department to determine whether a manufacturer, or group of manufacturers, has made a good faith effort, as defined, to comply with the act. Because a violation of the act would be a crime, the bill would impose a state-mandated local program.
This bill would require the department to repeal any regulations previously adopted by the department to implement the act. The bill would require, on or before January 1, 2025, the department to report to the Legislature on the status of the program. The bill would repeal the act on January 1, 2030.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares the following:
(a) In 2006, the Legislature banned the sale of thermostats containing mercury switches in the state because of the toxicity of mercury and the development of alternative thermostat technologies.
(b) American manufacturers used almost 14.5 tons of mercury annually to produce these thermostats, with the average thermostat containing about four grams of mercury.
(c) Mercury is a powerful neurotoxin that interferes with normal childhood development. The health concerns posed by mercury are well known and severe. If mercury thermostats are improperly disposed of, the mercury from those thermostats has the potential to enter our waterways, impacting aquatic life and the food chain.
(d) In 2008, the Legislature enacted the Mercury Thermostat Collection Act of 2008, requiring thermostat manufacturers to establish collection programs for out-of-service mercury thermostats.
(e) In 2011, under the Mercury Thermostat Collection Act of 2008, the thermostat manufacturing industry collected 19,927 out-of-service mercury thermostats, representing a fraction of the mercury thermostats remaining in the state.
(f) In 2012, the thermostat industry’s collection results were 16,353 out-of-service mercury thermostats.
(g) It is the intent of the Legislature to modify the mercury thermostat collection program to ensure that the maximum feasible number of out-of-service mercury thermostats get collected for proper disposal as quickly and as cost effectively as possible. It is the intent of the Legislature that a modified mercury thermostat collection program do all of the following:
(1) Ensure convenient out-of-service mercury thermostat return options for consumers that are free and accessible across the state.
(2) Provide incentives to consumers to maximize returns for collection of out-of-service mercury thermostats.
(3) Include a robust public education effort that is multilingual and targets all individuals or specific groups of individuals that have mercury thermostats and does so in a cost-effective manner without externalizing costs to the environment or the public sector.

SEC. 2.

 The heading of Article 10.2.2 (commencing with Section 25214.8.10) of Chapter 6.5 of Division 20 of the Health and Safety Code is amended to read:
Article  10.2.2. Mercury Thermostat Collection Act of 2021

SEC. 3.

 Section 25214.8.10 of the Health and Safety Code is amended to read:

25214.8.10.
 This article shall be known, and may be cited, as the Mercury Thermostat Collection Act of 2021.

SEC. 4.

 Section 25214.8.11 of the Health and Safety Code is amended to read:

25214.8.11.
 For purposes of this article, the following definitions apply:
(a) “Act” means the Mercury Thermostat Collection Act of 2021.
(b) “Consumer” means an individual resident of the state who returns an out-of-service mercury-added thermostat to an established collection location and who is not any of the following:
(1) A retailer, as defined in subdivision (i).
(2) A wholesaler, as defined in subdivision (k).
(3) A licensed contractor.

(b)

(c) “Department” means the Department of Toxic Substances Control.

(c)

(d) “Manufacturer” means a business concern that owns or owned a name brand of mercury-added thermostats sold in this state before January 1, 2006.

(d)

(e) “Mercury-added thermostat” has the same meaning as defined in paragraph (2) of subdivision (b) of Section 25214.8.1.

(e)

(f) “Out-of-service mercury-added thermostat” means a mercury-added thermostat that is removed from a building or facility in this state and is intended to be discarded.

(f)

(g) “Program” means a system for the collection, transportation, recycling, and disposal of out-of-service mercury-added thermostats that is financed, as well as managed or provided, by a manufacturer or collectively with other by a group of manufacturers pursuant to this act. “Program” also includes the education and outreach efforts made by a qualified third party to appropriate entities about the out-of-service thermostat collection opportunities provided by the program.

(g)

(h) “Qualified third party” means a nonprofit organization, exempt from taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)), that is trained, experienced, and has a history of success with the collection, handling, and transport of hazardous materials, and with which a manufacturer, or group of manufacturers, contracts with or retains to develop and implement a convenient, cost-effective, and efficient program pursuant to Section 25214.8.11.4.

(h)

(i) “Retailer” means a person who sells thermostats of any kind directly to a consumer through a selling or distribution mechanism, including, but not limited to, a sale using catalogs or the internet. A retailer may be a wholesaler if the person meets the definition of a wholesaler set forth in subdivision (j). (k).

(i)

(j) “Thermostat” means a product or device that uses a switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. “Thermostat” includes a thermostat used to sense and control room temperature in residential, commercial, industrial, and other buildings, but does not include a thermostat used to sense and control temperature as part of a manufacturing process.

(j)

(k) “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. A manufacturer, as defined by this section, is not a wholesaler.

SEC. 5.

 Section 25214.8.11.2 is added to the Health and Safety Code, to read:

25214.8.11.2.
 (a) (1) On or before March 30, 3022, 2022, and on or before March 30 of each year thereafter, each manufacturer shall individually, or collectively with a group of manufacturers, pay do both of the following:
(A) Pay to the department an aggregate total of eight hundred thousand dollars ($800,000) in accordance with this section.
(B) Pay to the qualified third party the amount required pursuant to subdivision (d) of Section 25214.8.11.4 and provide to the department written notice of each payment.
(2) The total aggregate amount required to be paid to the department pursuant to subparagraph (A) of paragraph (1) shall not exceed the department’s actual and reasonable regulatory costs to implement and enforce this act.
(3) All moneys paid to the department pursuant to subparagraph (A) of paragraph (1) shall be deposited in the Hazardous Waste Control Account established pursuant to Section 25174 and, upon appropriation by the Legislature, shall be used only for the department’s actual and reasonable regulatory costs to implement and enforce this act.
(4) Notwithstanding any other law, moneys paid to the department pursuant to subparagraph (A) of paragraph (1) shall not be loaned to, or borrowed by, any other special fund or the General Fund.
(b) (1) A manufacturer may individually remit a payment to the department, required pursuant to paragraph (1) of subdivision (a), or a group of manufacturers may remit a payment to the department on behalf of various a group of manufacturers. Manufacturers shall apportion the a payment or payments to the department amongst required pursuant to paragraph (1) of subdivision (a) among themselves in a fair and reasonable manner.

(2)On or before March 30, 2022, and on or before March 30 of each year thereafter, each manufacturer, or group of manufacturers, shall notify the department in writing of the apportioned payment amount for which the manufacturer, or group of manufacturers, is responsible so the department can determine each manufacturer’s compliance with the act.

(2) If a payment required pursuant to paragraph (1) of subdivision (a) is made on behalf of a group of manufacturers, the names of the manufacturers shall be included with the payment and in the written notice to the department required pursuant to subparagraph (B) of paragraph (1) of subdivision (a) so the department can determine each manufacturer’s compliance with this act. If a manufacturer that is part of a group of manufacturers making a payment required pursuant to paragraph (1) of subdivision (a) fails to make a payment, the group of manufacturers shall provide to the department a written notice of the nonpaying manufacturer’s identity and the apportioned payment amount for which the nonpaying manufacturer is responsible.
(3) Each A manufacturer, or group of manufacturers, shall remit a payment to the department required pursuant to paragraph (1) of subdivision (a) no later than March 30 of each year. If March 30 falls on a Saturday or Sunday, the payment shall be due the following Monday. Late payments shall be subject to penalties and interest. penalties. All penalties and interest collected by the department pursuant to this paragraph shall be deposited in the Toxic Substances Control Account established pursuant to Section 25173.6.
(c) If a manufacturer fails to make a payment pursuant to paragraph (1) of subdivision (a) in accordance with this section, the manufacturer manufacturer’s thermostats shall be subject to the a sales ban pursuant to Section 25214.8.12 and a penalty to be assessed by the department. All penalties collected by the department pursuant to this subdivision shall be deposited in the Toxic Substances Control Account established pursuant to Section 25173.6.
(d) No later than July 1, 2022, the department shall enter into a new agreement with each manufacturer that is subject to a consent decree, statement of violation, or court order issued or entered into pursuant to this article prior to January 1, 2022. The new agreement shall recognize that the liability established or alleged in that consent decree, statement of violation, or court order shall be satisfied and discharged if the manufacturer makes the payments required pursuant to paragraph (1) of subdivision (a).

SEC. 6.

 Section 25214.8.11.4 is added to the Health and Safety Code, to read:

25214.8.11.4.
 (a) A On or before March 1, 2022, a manufacturer, or group of manufacturers, shall contract with or retain a qualified third party to develop and implement a convenient, cost-effective, and efficient program consistent with this act.
(b) A manufacturer, or group of manufacturers, shall issue a request for proposals for a qualified third party to develop and implement the program required pursuant to subdivision (a). this act. The manufacturer, or group of manufacturers, shall consider all of the following factors when selecting a qualified third party to develop and implement the program:
(1) The qualified third party’s history and success of operating product take-back collection programs.
(2) The qualified third party’s ability to identify and provide information to consumers about out-of-service mercury-added thermostat collection locations.
(3) The qualified third party’s ability to ensure transportation systems move waste safely and effectively.
(4) The qualified third party’s history of working with recycling or disposal experts, manufacturers, state and local governments, and retailers.
(5) The qualified third party’s ability to implement an effective education and outreach campaign.
(6) Any other factors determined by the manufacturer, or group of manufacturers, to be relevant to the selection of a qualified third party to develop and implement the program.
(c) A qualified third party selected by a manufacturer, or group of manufacturers, to develop and implement the program shall do all of the following:
(1) Collect, handle, and arrange for the appropriate management of out-of-service mercury-added thermostats in compliance with this act.
(2) On or before July 1, 2022, develop and implement, and update as necessary, an educational and outreach campaign sufficient to inform appropriate entities about the importance of safe out-of-service mercury-added thermostat collection and recycling or disposal opportunities and to coordinate collection efforts with various stakeholders, including, but not limited to, all of the following:
(A) The Contractors State License Board.
(B) Heating, ventilation, and air-conditioning contractors.
(C) Demolition and environmental contractors, and related associations.
(D) Municipal utility districts.
(E) Household hazardous waste collection programs.
(F) Apartment and property management associations and organizations.
(G) Homeowners.
(H) Rural districts.
(I) Retailers.
(J) Disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711. 39711, or low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713.
(K) The general public.
(3) (A) Create and distribute informational materials about the program, consistent with the department’s civil rights and language access policies and procedures, which shall be made available to retailers, wholesalers, household hazardous waste programs, local governments, and utility districts.
(B) Informational materials created and distributed pursuant to this paragraph shall include, but are not limited to, one or more of the following:
(i) Signage that is prominently displayed and easily visible to the consumer and contractors.
(ii) 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 out-of-service mercury-added thermostats, the proper management of out-of-service mercury-added thermostats, and out-of-service mercury-added thermostat collection locations.
(iii) Advertising or other promotional materials, or both, that include references to out-of-service mercury-added thermostat collection opportunities.
(iv) Materials to be used in direct communications with the consumer and contractor at the time of purchase of a thermostat.
(v) 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 for its use and promotion.

(vi) The establishment of

(4) Establish an internet website for the program that is accessible to the public. Templates public, and provide to the department a link to the internet website. The qualified third party shall post both of the following on the internet website:
(A) Templates of educational materials, in a form and format that can be easily downloaded, shall be posted on the internet website. A link to the internet website shall be provided to the department. downloaded.
(B) Location information, by county, of all established out-of-service mercury-added thermostat collection sites in the state. Location information shall be posted and updated in a manner that allows members of the public to easily identify the most convenient location for collection of out-of-service mercury-added thermostats.

(4)

(5) Develop strategies to work with all of the following:
(A) State 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.
(B) Wholesalers in the state to encourage their support and participation in educating their customers on the proper management of out-of-service mercury-added thermostats.
(C) Retailers and other outlets to educate consumers on the proper management of out-of-service mercury-added thermostats.
(D) Household hazardous waste collection facilities to partner with local take-back centers, including retailers and wholesalers, to facilitate convenient out-of-service mercury-added thermostat collection options for community members.

(5)

(6) (A) Make available out-of-service mercury-added thermostat collection incentives for to consumers, of no less than thirty dollars ($30) per out-of-service mercury-added thermostat collected, and educate contractors, service technicians, and residents to encourage the return of out-of-service mercury-added thermostats to established collection locations.
(B) An incentive available pursuant to subparagraph (A) shall be available only to a consumer that attests to their state residency and completes and returns a voucher to the qualified third party. The qualified third party shall provide an incentive to the consumer within 10 days of the date that the consumer returns an out-of-service mercury-added thermostat to an established collection location.

(6)

(7) 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 United States Environmental Protection Agency as replacements for mercury-added thermostats.
(d) A manufacturer, or group of manufacturers, shall do both of the following:
(1) Provide to the qualified third party no less than one million dollars ($1,000,000) annually to effectively and efficiently develop and implement the education and outreach campaign required pursuant to paragraph (2) of subdivision (c).
(2) Provide to the qualified third party an amount equal to the annual costs estimated by the qualified third party to implement paragraphs (1), (3), (4), (5), and (6) (6), and (7) of subdivision (c), and any other annual costs estimated to be incurred by the qualified third party, to comply with this act. develop and implement the program pursuant to this act.

SEC. 7.

 Section 25214.8.11.6 is added to the Health and Safety Code, to read:

25214.8.11.6.
 (a) On or before April 1, 2022, the qualified third party with whom a manufacturer, or group of manufacturers, contracts with or retains pursuant to subdivision (a) of Section 25214.8.11.4 shall provide to the department for review and approval the qualified third party’s plan for the program developed pursuant to subdivision (c) of Section 25214.8.11.4.
(b) (1) Within 15 days of receipt of the qualified third party’s plan pursuant to subdivision (a), the department shall review the plan, determine whether the plan is complete, and notify the qualified third party, in writing, of the department’s determination.
(2) If the department determines that the plan is incomplete, the department shall identify, in writing, what additional information must be submitted to the department by the qualified third party to complete the plan. The qualified third party shall submit to the department a revised plan within 15 days of the date of the department’s written notification. The department shall review the revised plan within 15 days of receipt of the plan.
(c) (1) If the department determines that the plan submitted pursuant to subdivision (a) or revised plan submitted pursuant to paragraph (2) of subdivision (b) is complete, the department shall have 15 days from the date of its determination that the plan or revised plan is complete to review and approve the plan or revised plan.
(2) The department shall review the plan or revised plan for compliance with this act and shall do any of the following:
(A) Approve the plan or revised plan, in which case the department shall provide written notification to the qualified third party of the department’s approval of the plan.
(B) Conditionally approve the plan or revised plan, in which case the department shall provide written notification to the qualified third party of the department’s conditional approval of the plan. The department shall include in its written notification the basis for its conditional approval and describe, in detail, the requirements with which the qualified third party needs to comply in order to proceed to implement the plan in compliance with this act.
(C) (i) Disapprove the plan or revised plan, in which case the department shall provide written notification to the qualified third party of the department’s disapproval of the plan. The department shall include in its written notification the basis for its disapproval and require the qualified third party to submit to the department a revised plan within 30 days of the date of the department’s written notification disapproving the plan. The department shall review the revised plan within 15 days of receipt.
(ii) If the department determines that the revised plan submitted pursuant to clause (i) does not comply with this act, the manufacturer, or group of manufacturers, that contracted with or retained the qualified third party pursuant to subdivision (a) Section 25214.8.11.4 shall not be deemed to be in compliance with this act until the qualified third party submits, and the department approves or conditionally approves, a plan that complies with the requirements of the act.

SEC. 7.SEC. 8.

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

(a)

25214.8.12.
 (a) The department shall determine whether a manufacturer, or group of manufacturers, has made a good faith effort to comply with this act. For purposes of this section, “good faith effort” means all reasonable and feasible efforts by a manufacturer, or group of manufacturers, to comply with this act.
(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 act.
(2) The sales prohibition in paragraph (1) shall be effective on the 120th day after the notice described in subdivision (b) (c) listing noncompliant manufacturers is posted on the department’s internet website and shall remain in effect until the manufacturer is no longer listed on the department’s internet website.

(b)

(c) On or before July 1, 2023, and on or before January 1 and July 1 of each year thereafter, the department shall post a notice on its internet website listing manufacturers that are not in compliance with this act.

(c)

(d) A wholesaler or a retailer that distributes or sells mercury-added thermostats shall monitor the department’s internet website to determine if the sale of a manufacturer’s thermostats is in compliance with this section.

SEC. 8.SEC. 9.

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

25214.8.13.
 Each manufacturer, or group of manufacturers, shall, through the qualified third party selected pursuant to Section 25214.8.11.4, 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 act.
(b) On and after July 1, 2022, provide collection bins for out-of-service mercury-added thermostat collection to wholesalers at no cost to the wholesaler.
(c) On and after July 1, 2022, make collection bins for out-of-service mercury-added thermostat collection available at no cost to any local governmental agency that requests a collection bin for use at a household hazardous waste collection facility or household hazardous waste event.
(d) Either arrange for 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 or disposal of the out-of-service mercury-added thermostats.
(e) On or before April 1, 2023, and on or before April 1 of each year thereafter, submit an annual report to the department covering the one-year period ending December 31 of the previous calendar year. Each report shall be posted on the manufacturer’s or program’s internet website. website created pursuant to paragraph (4) of subdivision (c) of Section 25214.8.11.4. The annual report shall include all of the following:
(1) The number of out-of-service mercury-added thermostats collected in the state during the previous calendar year.
(2) The estimated total amount of mercury contained in the collected out-of-service mercury-added thermostats.
(3) The number of incentives provided to consumers and the total amount of incentives paid to consumers pursuant to the program during the previous calendar year.
(4) An evaluation of the effectiveness of the program.
(5) An accounting of the program administrative costs, including a copy of Internal Revenue Service Form 990 for the qualified third party.
(6) A description of the outreach strategies employed to increase participation participation, convenience, and collection rates. rates, including dedicated outreach to rural communities, disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713.
(7) Examples of outreach and educational materials used. used, including:
(A) A description of the education and outreach conducted for each of the groups identified in paragraph (2) of subdivision (c) of Section 25214.8.11.4.
(B) The date and form of education and outreach conducted for or at each collection location.
(C) Data describing the scope, by medium, of all education and outreach conducted by the qualified third party, including, as applicable, online, digital, social, print, broadcast, or other media.
(8) Names and locations of all participating out-of-service mercury-added thermostat collection locations.
(9) The number of out-of-service mercury-added thermostats collected at each collection location.
(10) The address for the internet website address created pursuant to paragraph (4) of subdivision (c) of Section 25214.8.11.4 where the annual report may be viewed online.
(11) A description of how the collected out-of-service mercury-added thermostats were managed.
(12) The results and analysis of the annual survey conducted pursuant to Section 25214.8.13.5.
(13) Proposed modifications to the program.
(14) A description of the qualified third party’s expenditures incurred in developing and implementing the program.
(f) (1) On or before January 1, 2025, the department shall report to the Legislature on the status of the program.
(2) The department shall submit its report pursuant to paragraph (1) in compliance with Section 9795 of the Government Code.
(3) This subdivision is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.

SEC. 9.SEC. 10.

 Section 25214.8.13.5 is added to the Health and Safety Code, to read:

25214.8.13.5.
 (a) No later than July 1 of each year, the qualified third party shall conduct an annual survey of the entities groups listed in paragraph (2) of subdivision (c) of Section 25214.8.11.4 to evaluate the effectiveness of the education and outreach campaign developed by the qualified third party pursuant to that subdivision and to obtain collection data from each entity engaged in the collection of out-of-service mercury-added thermostats. The qualified third party shall transmit the annual survey results to the department by September 1 of the same year.
(b) The department qualified third party shall post the results of the annual survey on its the internet website created pursuant to paragraph (4) of subdivision (c) of Section 25214.8.11.4 and allow public comment on the survey for up to 30 calendar days after the survey is posted on its the internet website. The department shall provide on its internet website a link to the qualified third party’s survey results and public comments.
(c) The qualified third party shall review the annual survey responses and public comments and adjust the program, as appropriate, for implementation the following calendar year to ensure that all out-of-service mercury-added thermostat collection locations are thoroughly informed about the program and its collection tools and are provided with any technical assistance that may be needed to increase the program’s effectiveness at out-of-service mercury-added thermostat collection locations where warranted.
(d) The qualified third party shall inform the department of any changes made in education, outreach, and collection strategies. The department shall post the information provided by the qualified third party pursuant to this subdivision on the department’s internet website.

SEC. 10.SEC. 11.

 Section 25214.8.14 of the Health and Safety Code is amended to read:

25214.8.14.
 (a) A wholesaler that has a physical location in the state shall act as a collection location for out-of-service mercury-added thermostats.
(b) A retailer or wholesaler that distributes new thermostats by mail to buyers in the state shall include with the sale of the new thermostat, an internet website address and a 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 collection location.
(c) A wholesaler shall distribute the educational and outreach materials developed by the qualified third party pursuant to paragraph (2) of subdivision (c) of Section 25214.8.11.4 to the wholesaler’s customers.

SEC. 11.SEC. 12.

 Section 25214.8.15 of the Health and Safety Code is amended to read:

25214.8.15.
 A contractor who installs heating, ventilation, and air-conditioning components and who removes a mercury-added thermostat shall take the out-of-service mercury-added thermostat to a location that is authorized to collect out-of-service mercury-added thermostats.

SEC. 12.SEC. 13.

 Section 25214.8.16 of the Health and Safety Code is amended to read:

25214.8.16.
 A person who demolishes a building shall remove any mercury-added thermostats from the building before demolition in accordance with all applicable statutes and regulations, and take the out-of-service mercury-added thermostat to a location that is authorized to collect out-of-service mercury-added thermostats.

SEC. 13.SEC. 14.

 Section 25214.8.17 of the Health and Safety Code is repealed.

SEC. 14.SEC. 15.

 Section 25214.8.17 is added to the Health and Safety Code, to read:

25214.8.17.
 The department shall repeal all regulations adopted by the department pursuant to former Section 25214.8.17.

SEC. 15.SEC. 16.

 Section 25214.8.18 of the Health and Safety Code is repealed.

SEC. 16.SEC. 17.

 Section 25214.8.18 is added to the Health and Safety Code, to read:

25214.8.18.
 This article shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 17.SEC. 18.

 Section 25214.8.20 of the Health and Safety Code is repealed.

SEC. 18.SEC. 19.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.