Bill Text: CT SB00093 | 2012 | General Assembly | Introduced

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Bill Title: An Act Concerning A Mercury Thermostat Collection And Financial Incentive Program.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-12 - Public Hearing 03/16 [SB00093 Detail]

Download: Connecticut-2012-SB00093-Introduced.html

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General Assembly		Raised Bill No. 93
February Session, 2012		LCO No. 981
		*00981_______ENV*
Referred to Committee on Environment
Introduced by:
(ENV)

AN ACT CONCERNING A MERCURY THERMOSTAT COLLECTION AND FINANCIAL INCENTIVE PROGRAM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2012) (a) (1) Not later than October 1, 2013, each thermostat manufacturer that distributes, sells or offers for sale in this state any thermostat that contains mercury and that is intended for residential or commercial use shall individually or collectively submit a plan, for approval, to the Commissioner of Energy and Environmental Protection for a mercury thermostat collection and financial incentive program that shall: (A) Establish an effective education and outreach program for thermostat wholesalers, thermostat retailers, contractors and homeowners, (B) assure the handling and recycling of any thermostat that contains mercury in a manner that is consistent with the provisions of the universal waste rule adopted pursuant to section 22a-209i of the general statutes, (C) provide containers for the collection of thermostats that contain mercury to all thermostat wholesalers for a one-time, reasonable fee per container, (D) erect collection systems at all collection points registered pursuant to subsection (d) of this section, (E) create a financial incentive, with a minimum value of five dollars, for the return of any thermostat that contains mercury to a thermostat wholesaler by a contractor or service technician, (F) create a financial incentive, with a minimum value of five dollars, for the return of any thermostat that contains mercury to a collection point that is registered pursuant to subsection (d) of this section by any homeowner, and (G) establish mechanisms to protect against the fraudulent return of thermostats.

(2) Any plan approved by the Commissioner of Energy and Environmental Protection pursuant to subdivision (1) of this subsection shall be implemented not later than April 1, 2013.

(3) Not later than April 1, 2014, and each year thereafter, each such thermostat manufacturer, individually or collectively, shall submit an annual report to the commissioner concerning the program implemented pursuant to subdivision (1) of this subsection that includes the following information: (A) The number of thermostats that contain mercury collected and recycled by each thermostat manufacturer during the previous calendar year, (B) the estimated total amount of mercury contained in the thermostat components collected by each manufacturer, (C) an evaluation of the effectiveness of each manufacturer's collection program and each financial incentive, and (D) an accounting of the administrative costs incurred in administering the program and each financial incentive.

(4) Any collection system utilized to implement the program described in subdivision (1) of this subsection may consist of an individual thermostat mail back system or a multiple collection container system. The cost of such collection system that utilizes a multiple collection container system to any collection point registered pursuant to subsection (d) of this section shall be limited to a reasonable, one-time fee per container.

(5) Pursuant to any program implemented in accordance with subdivision (1) of this subsection: (A) The financial incentive for the return of any thermostat that contains mercury to any thermostat wholesaler by any contractor or service technician shall be in the form of cash or coupons that are redeemable by such contractor or service technician, and (B) the financial incentive for the return of any thermostat that contains mercury to any collection point registered pursuant to subsection (d) of this section by any homeowner shall be in the form of cash or in the form of a coupon that either can be redeemed for cash from the manufacturer or redeemed for a credit toward the purchase of general merchandise at the retail location where the thermostat is returned.

(b) (1) On and after April 1, 2013, no thermostat wholesaler shall sell, offer for sale or distribute any thermostat in this state unless such wholesaler: (A) Acts as a collection point for any thermostat that contains mercury, (B) promotes and utilizes the collection containers provided by thermostat manufacturers pursuant to subsection (a) of this section, and (C) performs any other task necessary to establish and maintain a cost-effective collection and financial incentive program.

(2) On and after April 1, 2013, no thermostat retailer shall sell, offer for sale or distribute any thermostat in this state unless such thermostat retailer participates in an education and outreach program to educate homeowners and consumers on the collection program, described in subsection (a) of this section, for thermostats that contain mercury.

(c) (1) On and after April 1, 2013, no thermostat manufacturer that fails to comply with the provisions of this section shall sell, offer for sale or distribute any thermostat in this state. Any such noncompliant thermostat manufacturer shall provide the necessary support to any thermostat wholesaler or thermostat retailer to ensure such thermostat manufacturer's thermostats are not sold, offered for sale or distributed in this state.

(2) On and after April 1, 2013, no thermostat wholesaler or thermostat retailer shall sell, offer for sale or distribute any thermostat manufactured by a thermostat manufacturer that is not in compliance with the provisions of this section.

(d) (1) Not later than sixty days after receiving a complete plan from any thermostat manufacturer, individually or collectively, for a mercury thermostat collection and financial incentive program pursuant to subsection (a) of this section, the Department of Energy and Environmental Protection shall review and may grant, deny or approve with modifications such plan. The department shall not approve any plan that does not include each provision as required by subsection (a) of this section. In determining whether to approve a plan, the department may consider the consistency of the plan with mercury thermostat collection and financial incentive requirements in other states and the consistency of such proposed plan with any other mercury thermostat collection and financial incentive plan submitted for approval to the department. In approving any such plans, the department shall ensure that the education and outreach programs of such plans are uniform and consistent with one another to ensure ease of implementation by thermostat wholesalers and thermostat retailers. Any plan submitted to the department by a thermostat manufacturer pursuant to subsection (a) of this section shall be available for public review and comment for a period of thirty days. In reviewing any such plan, the department may consult with any interested parties, including, but not limited to, representatives from thermostat manufacturers, thermostat wholesalers, thermostat retailers, environmental groups, service contractors, municipalities and solid waste facilities.

(2) The department shall maintain and post on the department's Internet web site a list of municipalities, solid waste facilities and thermostat retailers that register with the department to serve as collection points for mercury thermostats pursuant to an approved mercury thermostat collection and financial incentive program. The department may prescribe any requisite process and form for such registration. Nothing in this subdivision shall be construed to require the participation of any municipality or solid waste facility in any mercury thermostat collection and financial incentive program.

(3) In conjunction with any educational and outreach program implemented by any thermostat manufacturer, individually or collectively, the department shall conduct an education and outreach program for thermostat wholesalers, thermostat retailers, contractors, service technicians and homeowners to promote the collection of discarded thermostats that contain mercury.

(4) Not later than February 1, 2014, and each year thereafter, the department shall submit a report, in accordance with section 11-4a of the general statutes, on the collection in the state of thermostats that contain mercury to the joint standing committee of the General Assembly having cognizance of matters relating to the environment. Such report shall include a description of any financial incentive plan established pursuant to subsection (a) of this section and recommendations for any requisite statutory changes concerning the collection and recycling of thermostats that contain mercury in this state. Any such report submitted on and after February 1, 2015, shall include an evaluation of the effectiveness of the mercury thermostat collection and recycling programs established pursuant to subsection (a) of this section, information on actual collection rates, and recommendations for any statutory changes concerning the collection and recycling of thermostats that contain mercury.

(5) Not later than July 1, 2014, the department shall estimate the number of out-of-service thermostats that contain mercury and that are generated in the state on an annual basis, in consultation with interested persons, including representatives from thermostat manufacturers, thermostat wholesalers, thermostat retailers, service contractors, environmental groups, municipalities and solid waste facilities. On and after July 1, 2015, if collection efforts fail to result in the collection of sixty-five per cent or more of the out-of-service thermostats that contain mercury in the state, the department shall, in consultation with such interested persons, require modifications to thermostat manufacturers' collection plans in an attempt to improve collection rates in accordance with such goal.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2012	New section

Statement of Purpose:

To establish a comprehensive collection system that provides a financial incentive for the return of thermostats that contain mercury in order to reduce the environmental and public health concerns posed by such thermostats.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]