Public Act 096-1295
 
SB3346 EnrolledLRB096 15744 HLH 30983 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  








 
    Section 1. Short title. This Act may be cited as the 
Mercury Thermostat Collection Act.
 
    Section 5. Legislative findings. The General Assembly 
finds that:
    (1) many older thermostats used to activate heating and 
cooling equipment contain mercury as part of a tilt switch 
component in the thermostat;
    (2) the total amount of mercury used in each of those 
thermostats averages about 4 grams;
    (3) millions of mercury-containing thermostats are still 
in use in homes and businesses in the United States;
    (4) mercury in those thermostats poses a risk to human 
health and the environment if those thermostats are not 
properly managed at the end of their useful life;

    (5) the major thermostat manufacturers have established a 
voluntary program to facilitate the collection and proper 
management of mercury thermostats taken out of service;

    (6) the annual average of mercury-containing thermostats 
collected for recycling in Illinois under the existing 
voluntary collection program from 2006 to 2008 was 4,433;

    (7) thousands of mercury-containing thermostats are taken 
out of service annually in the State;

    (8) it is in the public interest to achieve a significant 
increase in the collection and proper management of mercury 
thermostats taken out of service in the State.

 
    Section 10. Definitions. 
    "Agency" means the Illinois Environmental Protection 
Agency.
    "Board" means the Illinois Pollution Control Board.
    "Collection program" means a system for the collection, 
transportation, recycling, and disposal of out-of-service 
mercury thermostats that is financed and managed or provided by 
a thermostat manufacturer individually or collectively with 
other thermostat manufacturers in accordance with this Act.
    "Contractor" means a person engaged in the business of 
installation, service, or removal of heating, ventilation, and 
air-conditioning components.
    "Mercury thermostat" means a thermostat that meets the 
definition of a "mercury thermostat" under subsection (f) of 
Section 22.23b of the Environmental Protection Act.
    "Out-of-service mercury thermostat" means a mercury 
thermostat that is removed, replaced, or otherwise taken out of 
service.
    "Person" means any individual, partnership, 
co-partnership, firm, company, limited liability company, 
corporation, association, joint stock company, trust, estate, 
political subdivision, State agency, or any other legal entity, 
or its legal representatives, agents, or assigns.
    "Qualified contractor" means a person engaged in the 
business of installation, service, or removal of heating, 
ventilation, and air-conditioning components who employs 7 or 
more service technicians or installers or who is located in an 
area outside of an urban area, as defined by the United States 
Bureau of the Census.
    "Qualified local government authorities" means household 
hazardous waste facilities, solid waste management agencies, 
environmental management agencies, or departments of public 
health.
    "Thermostat manufacturer" means a person who owns or owned 
a name brand of one or more mercury thermostats sold in the 
State.
    "Thermostat retailer" means a person who sells thermostats 
of any kind primarily to homeowners or other nonprofessionals 
through any sale or distribution mechanism, including, but not 
limited to, sales using the Internet or catalogs. A thermostat 
retailer that meets the definition of thermostat wholesaler 
shall be considered a thermostat wholesaler.
    "Thermostat wholesaler" means a person who is engaged in 
the distribution and wholesale selling of heating, 
ventilation, and air-conditioning components, including, but 
not limited to, thermostats, to contractors, and whose total 
wholesale sales account for 80% or more of its total sales. A 
thermostat manufacturer, as defined in this Section, is not a 
thermostat wholesaler.
 
    Section 15. Mercury thermostat collection programs. 
    (a) Each thermostat manufacturer shall, individually or 
collectively with other thermostat manufacturers, establish 
and maintain a collection program for the collection, 
transportation, and proper management of out-of-service 
mercury thermostats in accordance with the provisions of this 
Act.

    (b) Each thermostat manufacturer shall, individually or 
collectively with other thermostat manufacturers through a 
collection program, do the following:

        (1) On and after January 1, 2011, compile a list of 
    thermostat wholesalers in the State and offer each 
    thermostat wholesaler containers for the collection of 
    out-of-service mercury thermostats.

        (2) On and after January 1, 2011, make collection 
    containers available to all qualified contractors, 
    thermostat wholesalers, thermostat retailers, and 
    qualified local government authorities in this State that 
    request a container.  Each thermostat manufacturer shall 
    with each container include information regarding the 
    proper management of out-of-service mercury thermostats as 
    universal waste in accordance with the collection program 
    and Board's rules.

        (3) Establish a system to collect, transport, and 
    properly manage out-of-service mercury thermostats from 
    all collection sites established under this Section.  
        (4) Not include any fees or other charges to persons 
    participating in the program, except that each thermostat 
    wholesaler, qualified contractor, qualified local 
    government authority, or thermostat retailer that is 
    provided with one or more collection containers may be 
    charged a one-time program administration fee not to exceed 
    $75 per collection container.

        (5) From January 1, 2011, through December 31, 2013, 
    conduct education and outreach efforts, including, but not 
    limited to the following:

            (A) create a public service announcement promoting 
        collection and proper management of out-of-service 
        mercury thermostats, copies of which shall be provided 
        to the Agency;

            (B) establish and maintain a publicly accessible 
        website for the dissemination of educational materials 
        to promote the collection of out-of-service mercury 
        thermostats.  This website shall include templates of 
        the educational materials on the Internet website in a 
        form and format that can be easily downloaded and 
        printed. The link to this website shall be provided to 
        the Agency;

            (C) contact thermostat wholesalers at least once a 
        year to encourage their support and participation in 
        educating their customers on the importance of and 
        statutory requirements for the collection and proper 
        management of out-of-service mercury thermostats;

            (D) develop and implement strategies to encourage 
        participating thermostat retailers to educate their 
        customers on the importance of and opportunities for 
        collecting and recycling out-of-service mercury 
        thermostats;

            (E) create and maintain a web-based program that 
        allows contractors and consumers to identify 
        collection sites for out-of-service mercury 
        thermostats by zip code in the State;

            (F) prepare and mail to contractor associations a 
        postcard or other notice that provides information on 
        the collection program for out-of-service mercury 
        thermostats; and

            (G) develop informational articles, press 
        releases, and news stories pertaining to the 
        importance of and opportunities for collecting and 
        recycling out-of-service mercury thermostats and 
        distribute those materials to trade publications, 
        local media, and stakeholder groups.

        (6) On or before January 1, 2011, develop and update as 
    necessary educational and other outreach materials for 
    distribution to contractors, contractor associations, and 
    consumers. Those materials shall be made available for use 
    by participating thermostat wholesalers, thermostat 
    retailers, contractors, and qualified local government 
    authorities. The materials shall include, but not be 
    limited to, the following:
            (A) signage, such as posters and cling signage, 
        that can be prominently displayed to promote the 
        collection of out-of-service mercury thermostats to 
        contractors and consumers; and

            (B) written materials or templates of materials 
        for reproduction by thermostat wholesalers and 
        thermostat retailers to be provided to customers at the 
        time of purchase or delivery of a thermostat.  The 
        materials shall include, but not be limited to, 
        information on the importance of properly managing 
        out-of-service mercury thermostats and opportunities 
        for the collection of those thermostats.

        (7) Provide an opportunity for the Agency and other 
    interested stakeholders to offer feedback and suggestions 
    on the collection program.
    (c) If the collection programs do not collectively achieve 
the collection goals provided for in Section 25 of this Act for 
calendar year 2013, 2015 or 2017, thermostat manufacturers 
shall, individually or collectively, submit to the Agency for 
review and approval proposed revisions to the collection 
programs that are designed to achieve the goals in subsequent 
calendar years.  The proposed revisions shall be submitted to 
the Agency with the annual report required in Section 20 of 
this Act.
    (d) Within 90 days after receipt of the proposed collection 
program revisions required under subsection (c) of this 
Section, the Agency shall review and (i) approve, (ii) 
disapprove, or (iii) approve with modifications the proposed 
collection program revisions.
        (1) The Agency shall approve proposed revisions if the 
    Agency determines that the revised collection programs 
    will  collectively achieve the collection goals set forth in 
    Section 25 of this Act.

        (2) If the Agency determines the revised collection 
    programs will not collectively achieve the collection 
    goals set forth in Section 25 of this Act, the Agency may 
    require modifications to one or more collection programs 
    that the Agency determines are necessary to achieve the 
    collection goals.  Modifications required by the Agency may 
    include improvements to outreach and education conducted 
    under the collection program, expansion of the number and 
    location of collection sites established under the 
    program, modification of the roles of participants,  and a 
    $5 financial incentive in the form of either cash or a 
    coupon offered by the manufacturer to contractors and 
    consumers for each out-of-service mercury thermostat 
    returned to a collection site.

        (3) Prior to issuing any decision under this subsection 
    (d) the Agency shall consult with thermostat manufacturers 
    and other interested groups.

        (4)  Thermostat manufacturers shall begin the process 
    to implement collection program revisions approved by the 
    Agency, with or without modifications, within 90 days after 
    approval.

        (5)  If the program revisions are disapproved, the 
    Agency shall notify the thermostat manufacturers in 
    writing as to the reasons for the disapproval.  The 
    thermostat manufacturers shall have 35 days to submit a new 
    collection program revision.

        (6)  Any action by the Agency to disapprove or modify 
    proposed collection program revisions under this 
    subsection (d) shall be subject to appeal to the Board in 
    the same manner as provided for a permit decision under 
    Section 40 of the Environmental Protection Act.

 
    Section 20. Reporting on collection efforts. 
    (a) No later than September 1, 2011, and no later than 
September 1 of each year thereafter, each thermostat 
manufacturer shall, individually or collectively with other 
thermostat manufacturers, submit a mid-term report on its 
collection program to the Agency covering the six-month period 
beginning on January 1st of the year in which the report is 
due. The mid-term report shall identify the number of 
out-of-service mercury thermostats collected under the program 
and a listing of all collection sites in the State.

    (b) No later than April 1, 2012, and no later than April 1 
of each year thereafter, each thermostat manufacturer shall, 
individually or collectively with other thermostat 
manufacturers, submit an annual report on its collection 
program to the Agency covering the one-year period ending 
December 31st of the previous year. Each report shall be posted 
on the manufacturer's or program operator's respective 
internet website. The annual report shall include, but not be 
limited to, the following:

        (1) the number of out-of-service mercury thermostats 
    collected and managed under this Act during the previous 
    calendar year;

        (2) the estimated total amount of mercury contained in 
    the out-of-service mercury thermostats collected under 
    this Act during the previous calendar year;

        (3) an evaluation of the effectiveness of the 
    collection program;

        (4) a list of all thermostat wholesalers, contractors, 
    qualified local government authorities, and thermostat 
    retailers participating in the program as mercury 
    thermostat collection sites and the number of 
    out-of-service mercury thermostats returned by each;

        (5) an accounting of the program's administrative 
    costs;

        (6) a description of outreach strategies employed 
    under item (5) of subsection (b) of Section 15 of this Act;

        (7) examples of outreach and educational materials 
    used under item (6) of subsection (b) of Section 15 of this 
    Act;

        (8) the Internet website address or addresses where the 
    annual report may be viewed online;

        (9) a description of how the out-of-service mercury 
    thermostats were managed;

        (10) any modifications that the thermostat 
    manufacturer has made or is planning to make in its 
    collection program; and

        (11) the identification of a collection program 
    contact and the business phone number, mailing address, and 
    e-mail address for the contact.

 
    Section 25. Collection goals. The collection programs 
established by thermostat manufacturers under this Act shall be 
designed to collectively achieve the following statewide 
goals:
    (a) For calendar year 2011, the collection of least 5,000 
mercury thermostats taken out of service in the State during 
the calendar year.

    (b) For calendar years 2012, 2013, and 2014, the collection 
of at least 15,000 mercury thermostats taken out of service in 
the State during each calendar year.

    (c) For calendar years 2015 through 2020, the collection 
goals shall be established by the Agency.  The Agency shall 
establish collection goals no later than November 1, 2014.  The 
collection goals established by the Agency shall maximize the 
annual collection of out-of-service mercury thermostats in the 
State.  In developing the collection goals, the Agency shall 
take into account, at a minimum, (i) the effectiveness of 
collection programs for out-of-service mercury thermostats in 
the State and other states, including education and outreach 
efforts, (ii) collection requirements in other states, (iii) 
any reports or studies on the number of out-of-service mercury 
thermostats that are available for collection in this State, 
other states, and nationally, and (iv) other factors.  Prior to 
establishing the collection goals, the Agency shall consult 
with stakeholder groups that include, at a minimum, 
representatives of thermostat manufacturers, environmental 
groups, thermostat wholesalers, contractors, and thermostat 
retailers.
    (d) The collection goals established by the Agency under 
subsection (c) of this Section are statements of general 
applicability under Section 1-70 of the Administrative 
Procedures Act and shall be adopted in accordance with the 
procedures of that Act.  Any person adversely affected by a goal 
established by the Agency under subsection (c) of this Section 
may obtain a determination of the validity or application of 
the goal by filing a petition for review within 35 days after 
the date the adopted goal is published in the Illinois Register 
pursuant to subsection (d) of Section 40 of the Administrative 
Procedures Act.  Review shall be afforded directly in the 
Appellate Court for the District in which the cause of action 
arose and not the Circuit Court.  During the pendency of the 
review, the goal under review shall remain in effect.
 
    Section 30. Management of out-of-service mercury 
thermostats. All contractors, thermostat wholesalers, 
thermostat manufacturers, and thermostat retailers 
participating in the program shall handle and manage the 
out-of-service mercury thermostats in a manner that is 
consistent with the provisions of the universal waste 
regulations adopted by the Board.
 
    Section 35. Thermostat wholesaler and contractor 
responsibilities. 
    (a) On and after July 1, 2011, no thermostat wholesaler 
shall sell, offer to sell, distribute, or offer to distribute 
thermostats unless the wholesaler:
        (1) participates as a collection site for 
    out-of-service mercury thermostats;

        (2) uses the containers provided by the collection 
    program to facilitate collection of out-of-service mercury 
    thermostats by contractors;

        (3) complies with the requirements of the collection 
    program related to the acceptance of out-of-service 
    mercury thermostats; and

        (4) distributes to its customers the educational 
    outreach materials developed under item (6) of subsection 
    (b) of Section 15.

    (b) On or after July 1, 2011, no contractor or other person 
shall remove, replace, or otherwise take out of service a 
mercury thermostat unless the contractor or person delivers it 
to a collection site established under this Act.
 
    Section 40. Agency responsibilities. 
    (a) No later than June 1, 2011, the Agency shall maintain 
on its website information regarding the collection and proper 
management of out-of-service mercury thermostats in the State. 
The information shall include, but is not limited to, the 
following:
        (1) a description of the collection programs 
    established under this Act;

        (2) a report on the progress towards achieving the 
    statewide collection goals set forth in Section 25 of this 
    Act; and

        (3) a list of all thermostat wholesalers, contractors, 
    qualified local government authorities, and thermostat 
    retailers participating in the program as collection 
    sites.

    (b) No later than November 1, 2019, the Agency shall submit 
a written report to the Governor and General Assembly regarding 
the effectiveness of the collection programs established under 
this Act, information on the number of out-of-service 
thermostats collected, how the out-of-service thermostats were 
managed, and an estimate of the number of thermostats that are 
available for collection.  The Agency shall use this information 
to recommend whether the sunset date specified in Section 55 
for this Act should be extended, along with any other statutory 
changes.  In preparing the report, the Agency shall consult with 
mercury thermostat manufacturers, environmental organizations, 
and other interest groups.

    (c) In conjunction with the educational and outreach 
programs implemented by the thermostat manufacturers under 
this Act, the Agency shall conduct outreach to promote the 
collection and proper management of out-of-service mercury 
thermostats.

 
    Section 45. Penalties. 
    (a) Any thermostat manufacturer that violates any 
provision of this Act or any rule adopted by the Agency 
pursuant to this Act, or that fails to perform any duty imposed 
by this Act shall be liable for a civil penalty not to exceed 
$2,500 per day for each violation.  Each violation of this Act 
shall constitute a separate offense and violation.

    (b) Any thermostat wholesaler, contractor, or other person 
that violates any provision of this Act, or any rule adopted by 
the Agency pursuant to this Act, or that fails to perform any 
duty imposed by this Act shall be liable for a civil penalty 
not to exceed $500 per day for each violation.  Each violation 
of this Act shall constitute a separate offense and violation.

    (c) The penalties provided for in this Section may be 
recovered in a civil action brought in the name of the people 
of the State of Illinois by the State's Attorney of the county 
in which the violation occurred or by the Attorney General. Any 
funds collected under this Section in an action in which the 
Attorney General has prevailed shall be deposited in the 
Environmental Protection Trust Fund, to be used in accordance 
with the provisions of the Environmental Trust Fund Act.


    (d) There shall be no penalty under this Section for a 
thermostat manufacturer's failure to achieve the statewide 
collection goals set forth in Section 25 of this Act.

 
    Section 50. Disposal prohibition. 
    (a) Beginning July 1, 2011, no person may knowingly cause 
or allow the mixing of an out-of-service mercury thermostat 
with any other municipal waste that is intended for disposal at 
a sanitary landfill.


    (b) Beginning July 1, 2011, no person may knowingly cause 
or allow the disposal of an out-of-service mercury thermostat 
in a sanitary landfill.

 
    Section 55. Repealer. This Act is repealed on January 1, 
2021.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.