Full Text of HB5348 95th General Assembly
HB5348eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning environmental safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Mercury Thermostat Collection Act. | 6 |
| Section 10. Definitions. | 7 |
| "Agency" means the Environmental Protection Agency. | 8 |
| "Board" means the Pollution Control Board. | 9 |
| "Mercury thermostat" means a product or device that uses a | 10 |
| mercury switch to sense and control room temperature through | 11 |
| communication with heating, ventilating, or air conditioning | 12 |
| equipment. "Mercury thermostat" includes thermostats used to | 13 |
| sense and control room temperature in residential, commercial, | 14 |
| industrial, and other buildings, but does not include | 15 |
| thermostats used to sense and control temperature as a part of | 16 |
| a manufacturing or industrial process. | 17 |
| "Thermostat manufacturer" means the person who owned or | 18 |
| owns the brand name of a thermostat. | 19 |
| "Thermostat retailer" means a person who sells thermostats | 20 |
| of any kind primarily to consumers. | 21 |
| "Thermostat technician" means a person who installs or | 22 |
| repairs thermostats, but does not include a person who installs | 23 |
| or repairs a thermostat serving his or her own residence. |
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| "Thermostat wholesaler" means a person who sells | 2 |
| thermostats of any kind primarily for resale. | 3 |
| Section 15. Mercury thermostat collection programs. | 4 |
| (a) This Section applies to thermostat manufacturers.
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| Thermostat manufacturers must, individually or collectively, | 6 |
| establish and maintain an Agency-approved program for the | 7 |
| collection and recycling of mercury thermostats that have been | 8 |
| removed, replaced, or otherwise taken out of service. The | 9 |
| program must: | 10 |
| (1) include outreach and education efforts directed | 11 |
| towards the following persons to inform them of the program | 12 |
| and encourage their participation: thermostat wholesalers, | 13 |
| thermostat technicians, thermostat retailers, and | 14 |
| homeowners; | 15 |
| (2) provide the following persons with containers to be | 16 |
| used for the collection of mercury thermostats: | 17 |
| (A) each thermostat wholesaler who requests to | 18 |
| participate in the program as a mercury thermostat | 19 |
| collection point; | 20 |
| (B) each thermostat technician that requests to | 21 |
| participate in the program as a mercury thermostat | 22 |
| collection point; and | 23 |
| (C) each thermostat retailer that requests to | 24 |
| participate in the program as a mercury thermostat | 25 |
| collection point; |
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| (3) ensure that mercury thermostats delivered to | 2 |
| persons participating in the program as mercury thermostat | 3 |
| collection points are properly managed as universal waste | 4 |
| in accordance with the Illinois Pollution Control Board's | 5 |
| universal waste regulations; | 6 |
| (4) be designed to achieve the collection goals in | 7 |
| subsection (e) of this Section; | 8 |
| (5) include financial or other incentives designed to | 9 |
| encourage sufficient participation in the program to | 10 |
| achieve the collection goals in subsection (e) of this | 11 |
| Section; and | 12 |
| (6) not include any fees or other charges to persons | 13 |
| participating in the program, except that each thermostat | 14 |
| wholesaler, thermostat technician, or thermostat retailer | 15 |
| that is provided with one or more collection containers may | 16 |
| be charged a program administration fee not to exceed $75 | 17 |
| per collection container. | 18 |
| (b) No later than January 1, 2009, thermostat manufacturers | 19 |
| must, individually or collectively, submit to the Agency a plan | 20 |
| for a mercury thermostat collection program. The plan must | 21 |
| demonstrate that the collection program meets the requirements | 22 |
| of subsection (a) of this Section. In reviewing the plans, the | 23 |
| Agency may consider a plan's consistency with other thermostat | 24 |
| manufacturer's collection plans in this State and mercury | 25 |
| thermostat collection programs in other states. In addition, | 26 |
| the Agency may consult with thermostat manufacturers, |
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| thermostat wholesalers, thermostat technicians, thermostat | 2 |
| retailers, and environmental interest groups. Within 90 days | 3 |
| after its receipt of a plan, the Agency must approve or deny | 4 |
| the plan in writing. The Agency must approve the plan, with or | 5 |
| without modifications, if the thermostat manufacturer's | 6 |
| collection program meets the requirements of subsection (a) of | 7 |
| this Section. If the Agency denies the plan or approves the | 8 |
| plan with conditions, the Agency's decision shall be subject to | 9 |
| appeal to the Board in accordance with the procedures of | 10 |
| Section 40 of the Environmental Protection Act (415 ILCS 5/40) | 11 |
| for appealing permit denials or conditions. | 12 |
| (c) No later than July 1, 2009, thermostat manufacturers | 13 |
| must, individually or collectively, implement an | 14 |
| Agency-approved mercury thermostat collection program, | 15 |
| including any modifications required by the Agency. | 16 |
| (d) No later than March 1, 2010, and no later than March 1 | 17 |
| of each year thereafter, thermostat manufacturers must, | 18 |
| individually or collectively, submit to the Agency a report on | 19 |
| their mercury thermostat collection program that at a minimum | 20 |
| contains the following information: | 21 |
| (1) the number of mercury thermostats collected under | 22 |
| the program during the previous calendar year; | 23 |
| (2) the estimated total amount of mercury contained in | 24 |
| the mercury thermostats collected under the program during | 25 |
| the previous calendar year; | 26 |
| (3) an evaluation of the effectiveness of the program, |
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| including, but not limited to, the program's contribution | 2 |
| to meeting the collection goals set forth in subsection (e) | 3 |
| of this Section and the effectiveness of the incentives | 4 |
| required under subsection (a)(5) of this Section; and | 5 |
| (4) a list of all thermostat wholesalers, thermostat | 6 |
| technicians, and thermostat retailers participating in the | 7 |
| program as mercury thermostat collection points. | 8 |
| (e) The mercury thermostat collection programs required | 9 |
| under this Act must be designed to collectively achieve the | 10 |
| following collection goals: | 11 |
| (1) For calendar years 2011 and 2012, the collection | 12 |
| goal for each year is 15% of the estimated number of | 13 |
| mercury thermostats in this State that are removed, | 14 |
| replaced, or otherwise taken out of service during the | 15 |
| calendar year. | 16 |
| (2) For calendar years 2013 and 2014, the collection | 17 |
| goal for each year is 30% of the estimated mercury | 18 |
| thermostats in this State that are removed, replaced, or | 19 |
| otherwise taken out of service during the calendar year. | 20 |
| (3) For calendar years 2015 and 2016, the collection | 21 |
| goal for each year is 50% of the estimated mercury | 22 |
| thermostats in this State that are removed, replaced, or | 23 |
| otherwise taken out of service during the calendar year. | 24 |
| (4) For calendar year 2017 and each calendar year | 25 |
| thereafter, the collection goal for each year is 80% of the | 26 |
| estimated mercury thermostats in this State that are |
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| removed, replaced, or otherwise taken out of service during | 2 |
| the calendar year. | 3 |
| The estimated number of mercury thermostats in this State | 4 |
| that are removed, replaced, or otherwise taken out of service | 5 |
| each year must be determined by the Agency in consultation with | 6 |
| thermostat manufacturers, thermostat wholesalers, thermostat | 7 |
| technicians, thermostat retailers, and environmental interest | 8 |
| groups. No later than March 1, 2013, and no later than March 1 | 9 |
| of each year thereafter, the Agency must publish on its website | 10 |
| the estimated number of mercury thermostats that were removed, | 11 |
| replaced, or otherwise taken out of service during the previous | 12 |
| calendar year. | 13 |
| (f) If the collection goals set forth in subsection (e) of | 14 |
| this Section are not met for the calendar year 2012, 2014, | 15 |
| 2016, or 2018, the Agency may require one or more thermostat | 16 |
| manufacturers to revise their mercury thermostat collection | 17 |
| programs. Thermostat manufacturers required to revise their | 18 |
| collection programs must, individually or collectively, submit | 19 |
| plans for revised collection programs no later than 90 days | 20 |
| after the Agency's written notice that a revised collection | 21 |
| program is required. The Agency shall review and approve | 22 |
| revised plans in accordance with subsection (b) of this | 23 |
| Section. Thermostat manufacturers must, individually or | 24 |
| collectively, implement revised plans within 90 days after the | 25 |
| Agency approves the revised plans in writing, including any | 26 |
| modifications required by the Agency. |
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| Section 20. Removal of mercury thermostats. Any person who | 2 |
| removes, replaces, or otherwise takes out of service a mercury | 3 |
| thermostat must properly manage the mercury thermostat as | 4 |
| universal waste in accordance with the Board's universal waste | 5 |
| regulations. This Section does not apply to a person who (i) | 6 |
| removes, replaces, or otherwise takes out of service a mercury | 7 |
| thermostat that serves his or her own residence and (ii) | 8 |
| disposes of the thermostat as household waste. | 9 |
| Section 25. Certain prohibited activities. On and after | 10 |
| July 1, 2009: | 11 |
| (1) No thermostat manufacturer that is in violation of | 12 |
| this Act may sell, offer to sell, distribute, or offer to | 13 |
| distribute a non-mercury thermostat. | 14 |
| (2) No thermostat wholesaler may sell, offer to sell, | 15 |
| distribute, or offer to distribute a non-mercury | 16 |
| thermostat unless the wholesaler participates in one or | 17 |
| more collection programs required under this Act as a | 18 |
| mercury thermostat collection point. | 19 |
| (3) No thermostat technician may remove, replace, or | 20 |
| otherwise take out of service a mercury thermostat unless | 21 |
| the thermostat technician delivers it to a person | 22 |
| participating in a collection program required under this | 23 |
| Act as a mercury thermostat collection point. |
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| Section 27. Educational materials. The Agency shall | 2 |
| develop an educational template to be made available to | 3 |
| businesses and consumers to inform consumers about programs for | 4 |
| the collection of mercury thermostats. The materials in this | 5 |
| educational template may include, without limitation, labels, | 6 |
| inserts, brochures, or signs. | 7 |
| Section 30. Information regarding the collection and | 8 |
| recycling of mercury thermostats. No later than June 1, 2010, | 9 |
| and no later than June 1 of each year thereafter, the Agency | 10 |
| must post on its website information regarding the collection | 11 |
| and recycling of mercury thermostats in this State. The | 12 |
| information must include, but is not limited to, the following: | 13 |
| (1) a description of the collection programs | 14 |
| established under this Act; and | 15 |
| (2) a report on the thermostat manufacturers' success | 16 |
| in achieving the collection goals set forth in Section | 17 |
| 15(e) of this Act. | 18 |
| Section 35. Duty to investigate. The Agency has the duty to | 19 |
| investigate violations of this Act. | 20 |
| Section 40. Penalties. | 21 |
| (a) Any thermostat manufacturer who violates any provision | 22 |
| of this Act or fails to perform any duty imposed by this Act | 23 |
| (i) is liable for a civil penalty not to exceed $1,000 for the |
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| violation and an additional civil penalty not to exceed $1,000 | 2 |
| for each day the violation continues and (ii) is liable for a | 3 |
| civil penalty not to exceed $5,000 for a second or subsequent | 4 |
| violation and an additional civil penalty not to exceed $1,000 | 5 |
| for each day the second or subsequent violation continues. | 6 |
| (b) Any thermostat wholesaler, thermostat technician, or | 7 |
| thermostat retailer who violates any provision of this Act or | 8 |
| fails to perform any duty imposed by this Act is liable for a | 9 |
| civil penalty not to exceed $250 for the first violation and | 10 |
| not to exceed $500 for a second or subsequent violation. | 11 |
| (c) The penalties provided for in this Section may be | 12 |
| recovered in a civil action brought by the Attorney General on | 13 |
| behalf of the Agency and the People of the State of Illinois, | 14 |
| or by the State's Attorney of the county in which the violation | 15 |
| occurred. Without limiting any other authority that may exist | 16 |
| for the awarding of attorney's fees and costs, a court of | 17 |
| competent jurisdiction may award costs and reasonable | 18 |
| attorney's fees, including the reasonable costs of expert | 19 |
| witnesses and consultants, to the Attorney General or the | 20 |
| State's Attorney in a case where he or she has prevailed | 21 |
| against a person who has committed a willful, knowing, or | 22 |
| repeated violation of this Act. Any funds collected under this | 23 |
| Section in an action in which the Attorney General has | 24 |
| prevailed must be deposited into the Hazardous Waste Fund | 25 |
| established under the Environmental Protection Act. Any funds | 26 |
| collected under this Section in an action in which a State's |
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| Attorney has prevailed shall be retained by the county in which | 2 |
| he or she serves. | 3 |
| (d) The Attorney General or the State's Attorney of the | 4 |
| county in which the violation occurred may, at the request of | 5 |
| the Agency or on his or her own motion, institute a civil | 6 |
| action for an injunction, prohibitory or mandatory, to restrain | 7 |
| violations of this Act or to require such other actions as may | 8 |
| be necessary to address violations of this Act. | 9 |
| (e) The penalties and injunctions provided in this Act are | 10 |
| in addition to any penalties, injunctions, or other relief | 11 |
| provided under any other law. Nothing in this Act bars a cause | 12 |
| of action by the State for any other penalty, injunction, or | 13 |
| relief provided by any other law. | 14 |
| (f) There is no penalty under this Section for a thermostat | 15 |
| manufacturer's failure to achieve the collection goals set | 16 |
| forth in subsection (e) of Section 15 of this Act. | 17 |
| Section 45. Recommendations to the Governor and the General | 18 |
| Assembly. On or before January 1, 2010, the Agency shall | 19 |
| investigate and make recommendations to the Governor and the | 20 |
| General Assembly regarding strategies for improving the | 21 |
| collection and proper management of mercury thermostats | 22 |
| removed, replaced, or otherwise taken out of service by | 23 |
| homeowners. In developing its recommendations, the Agency | 24 |
| shall consult with thermostat manufacturers, thermostat | 25 |
| retailers, local governments, recycling associations, |
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| environmental interest groups, and other appropriate | 2 |
| stakeholder groups. The Agency shall identify the best | 3 |
| available options for collecting mercury thermostats from | 4 |
| homeowners taking into account such considerations as cost and | 5 |
| convenience, safety and training, education and outreach | 6 |
| needs, and shared responsibilities for implementing the | 7 |
| collection and recycling program. | 8 |
| Section 50. No rulemaking authority. Notwithstanding any | 9 |
| other rulemaking authority that may exist, neither the Governor | 10 |
| nor any agency or agency head under the jurisdiction of the | 11 |
| Governor has any authority to make or promulgate rules to | 12 |
| implement or enforce the provisions of this Act. If, however, | 13 |
| the Governor believes that rules are necessary to implement or | 14 |
| enforce the provisions of this Act, the Governor may suggest | 15 |
| rules to the General Assembly by filing them with the Clerk of | 16 |
| the House and the Secretary of the Senate and by requesting | 17 |
| that the General Assembly authorize such rulemaking by law, | 18 |
| enact those suggested rules into law, or take any other | 19 |
| appropriate action in the General Assembly's discretion. | 20 |
| Nothing contained in this Act shall be interpreted to grant | 21 |
| rulemaking authority under any other Illinois statute where | 22 |
| such authority is not otherwise explicitly given. For the | 23 |
| purposes of this Section, "rules" is given the meaning | 24 |
| contained in Section 1-70 of the Illinois Administrative | 25 |
| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois | 2 |
| Administrative Procedure Act to the extent that such | 3 |
| definitions apply to agencies or agency heads under the | 4 |
| jurisdiction of the Governor.
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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