SB1690sam001 96TH GENERAL ASSEMBLY

Sen. Mattie Hunter

Filed: 3/25/2009

09600SB1690sam001 LRB096 09346 JDS 24545 a

AMENDMENT TO SENATE BILL 1690

AMENDMENT NO. ______. Amend Senate Bill 1690 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Mercury Thermostat Collection Act.

Section 5. Legislative Findings. The General Assembly finds that it is a goal of the State that programs to collect and recycle mercury thermostats that have been removed, replaced, or otherwise taken out of service should achieve a rate of at least 75 percent by 2014.

Section 10. Definitions.

"Agency" means the Illinois Environmental Protection Agency.

"Board" means the Illinois Pollution Control Board.

"Mercury thermostat" means a thermostat that meets the definition of a "mercury thermostat" under subdivision (f) of Section 22.23b of the Environmental Protection Act.

"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 representative, agent, or assigns.

"Thermostat manufacturer" means a person that (i) produced a mercury thermostat sold in this State prior to July 1, 2008, or (ii) served as an importer or domestic distributor of a mercury thermostat produced outside of the United States and sold in this State prior to July 1, 2008. "Thermostat manufacturer" does not include retailers for whom importing is not their primary business.

"Thermostat retailer" means a person who sells thermostats of any kind primarily to retail consumers.

"Thermostat technician" means a person that removes, replaces, or otherwise takes out of service a mercury thermostat. "Thermostat technician" does not include an individual who removes, replaces, or otherwise takes out of service a mercury thermostat that serves his or her own residence.

"Thermostat wholesaler" means a person who sells thermostats for resale.

Section 15. Mercury thermostat collection programs.

(a) Thermostat manufacturers must, individually or collectively, establish and maintain an Agency-approved program for the collection and recycling of mercury thermostats that have been removed, replaced, or otherwise taken out of service. The program must:

(1) include outreach and education efforts directed towards the following persons to inform them of the program and encourage their participation: thermostat wholesalers, thermostat technicians, thermostat retailers, and retail consumers;

(2) provide the following persons with containers to be used for the collection of mercury thermostats along with information regarding the proper management of mercury thermostats as universal waste in accordance with the Board's universal waste regulations:

(A) each thermostat wholesaler who requests to participate in the program as a mercury thermostat collection point;

(B) each thermostat technician that requests to participate in the program as a mercury thermostat collection point; and

(C) each thermostat retailer that requests to participate in the program as a mercury thermostat collection point;

(3) establish a financial incentive with a minimum value of $5.00 for the return of each mercury thermostat to a collection point participating in the program. The financial incentive shall be in the form of cash or in the form of a coupon that can be redeemed for cash from the thermostat manufacturer or can be redeemed for a credit toward purchase of merchandise from the wholesaler or in the retail location where the thermostat was returned. The incentive terminates on, and this subdivision (a)(3) does not apply after, December 31, 2015; and

(4) not include any fees or other charges to persons participating in the program, except that each thermostat wholesaler, thermostat technician, or thermostat retailer that is provided with one or more collection containers may be charged a program administration fee not to exceed $75 per collection container.

(a-5) The education and outreach efforts required under subdivision (a)(1) of this Section must include:

(A) The development of public service announcements promoting the proper management of mercury thermostats taken out of service.

(B) The creation and maintenance of a publicly accessible website for the dissemination of educational materials. The materials must be in a form and format that can be easily downloaded and printed. The Agency must be provided with a link to the website. The materials posted on the website must include, but are not limited to, all of the following:

(i) Signs designed to inform thermostat technicians and retail consumers of the program and encourage their participation. The signs must be designed so that they can be prominently displayed and will be easily visible to thermostat technicians and retail consumers.

(ii) Written materials, or templates of written materials, that thermostat wholesalers and thermostat retailers can provide to technicians and retail consumers at the time thermostats are purchased or delivered. The written material or templates must include, but are not limited to, information about the proper management of mercury thermostats taken out of service and opportunities for the collection of such thermostats.

(C) The development of strategies to contact and work with thermostat wholesalers, technicians, and retailers to secure support for, and participation in, the proper management of mercury thermostats taken out of service.

(D) The development of strategies to encourage support and participation by thermostat retailers to educate retail consumers on the proper management of mercury thermostats taken out of service.

(b) No later than January 1, 2010, thermostat manufacturers must, individually or collectively, submit to the Agency a plan for a mercury thermostat collection program. The plan must demonstrate that the collection program meets the requirements of subsection (a) of this Section. In reviewing a plan, the Agency may consider the plan's consistency with other thermostat manufacturer's collection plans in this State and mercury thermostat collection programs in other states. In addition, the Agency may consult with thermostat manufacturers, thermostat wholesalers, thermostat technicians, thermostat retailers, and environmental interest groups. Within 120 days after its receipt of a plan, the Agency must approve or deny the plan in writing. The Agency must approve the plan, with or without modifications, if the thermostat manufacturer's collection program meets the requirements of subsection (a) of this Section. If the Agency denies the plan or approves the plan with conditions, the Agency's decision shall be subject to appeal to the Board in accordance with the procedures of Section 40 of the Environmental Protection Act for appealing permit denials or conditions.

(c) No later than September 1, 2010, thermostat manufacturers must, individually or collectively, implement an Agency-approved mercury thermostat collection program, including any modifications required by the Agency.

(d) No later than March 1, 2011, and no later than March 1 of each year thereafter, thermostat manufacturers must, individually or collectively, submit to the Agency a report on their mercury thermostat collection program that at a minimum contains the following information:

(1) the number of mercury thermostats collected under the program during the previous calendar year;

(2) the estimated total amount of mercury contained in the mercury thermostats collected under the program during the previous calendar year;

(3) an evaluation of the effectiveness of the program, including, but not limited to, the effectiveness of the incentives required under subdivision (a)(3) of this Section; and

(4) a list of all thermostat wholesalers, thermostat technicians, and thermostat retailers participating in the program as mercury thermostat collection points.

Section 20. Management of out-of-service mercury thermostats. Any thermostat technician, wholesaler, manufacturer, or retailer participating in the program must properly manage the mercury thermostat as universal waste in accordance with the Board's universal waste regulations.

Section 25. Certain prohibited activities. On and after July 1, 2010:

(1) No thermostat wholesaler may sell, offer to sell, distribute, or offer to distribute a non-mercury thermostat unless the wholesaler participates in one or more collection programs required under this Act as a mercury thermostat collection point.

(2) No thermostat technician may remove, replace, or otherwise take out of service a mercury thermostat unless the thermostat technician delivers it to a person participating in a collection program required under this Act as a mercury thermostat collection point.

Section 30. Information regarding the collection and recycling of mercury thermostats.

(a) No later than June 1, 2011, and no later than June 1 of each year thereafter, the Agency must post on its website information regarding the collection and recycling of mercury thermostats in this State. The information must include, but is not limited to, the following:

(1) a description of the collection programs established under this Act;

(2) a report on the thermostat manufacturers' progress towards achieving the collection goal set forth in Section 5 of this Act; and

(3) a list of all thermostat wholesalers, thermostat technicians, and thermostat retailers participating in the program as collection points.

(b) No later than December 31, 2014 the Agency shall report to the Governor and General Assembly regarding the effectiveness of the program and make recommendations for changes, and whether the incentives required under subdivision (a)(3) of Section 15 should be continued.

Section 35. Duty to investigate. The Agency has the duty to investigate violations of this Act.

Section 40. Penalties.

(a) Any thermostat manufacturer who violates any provision of this Act or fails to perform any duty imposed by this Act (i) is liable for a civil penalty not to exceed $1,000 for the first violation and an additional civil penalty not to exceed $1,000 for each day the first violation continues and (ii) is liable for a civil penalty not to exceed $5,000 for a second or subsequent violation and an additional civil penalty not to exceed $1,000 for each day the second or subsequent violation continues.

(b) Any thermostat wholesaler, thermostat technician, or thermostat retailer who violates any provision of this Act or fails to perform any duty imposed by this Act is liable for a civil penalty not to exceed $250 for the first violation and not to exceed $500 for a second or subsequent violation.

(c) The penalties provided for in this Section may be recovered in a civil action brought by the Attorney General on behalf of the Agency and the People of the State of Illinois, or by the State's Attorney of the county in which the violation occurred. Without limiting any other authority that may exist for the awarding of attorney's fees and costs, a court of competent jurisdiction may award costs and reasonable attorney's fees, including the reasonable costs of expert witnesses and consultants, to the Attorney General or the State's Attorney in a case where he or she has prevailed against a person who has committed a willful, knowing, or repeated violation of this Act. Any funds collected under this Section in an action in which the Attorney General has prevailed must be deposited into the Hazardous Waste Fund established under the Environmental Protection Act. Any funds collected under this Section in an action in which a State's Attorney has prevailed shall be retained by the county in which he or she serves.

(d) The Attorney General or the State's Attorney of the county in which the violation occurred may, at the request of the Agency or on his or her own motion, institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act or to require such other actions as may be necessary to address violations of this Act.

(e) The penalties and injunctions provided in this Act are in addition to any penalties, injunctions, or other relief provided under any other law. Nothing in this Act bars a cause of action by the State for any other penalty, injunction, or relief provided by any other law.

Section 45. Recommendations to the Governor and the General Assembly. On or before January 1, 2011, the Agency shall investigate and make recommendations to the Governor and the General Assembly regarding strategies for improving the collection and proper management of mercury thermostats removed, replaced, or otherwise taken out of service by homeowners. In developing its recommendations, the Agency shall consult with thermostat manufacturers, thermostat retailers, local governments, recycling associations, environmental interest groups, and other appropriate stakeholder groups. The Agency shall identify the best available options for collecting mercury thermostats from homeowners taking into account such considerations as cost and convenience, safety and training, education and outreach needs, and shared responsibilities for implementing the collection and recycling program.

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