House File 2669      

                            AN ACT
RELATING TO THE COLLECTION AND RECYCLING OF MERCURY=ADDED
   THERMOSTATS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  455D.31  MERCURY == THERMOSTATS.
   1.  As used in this section, unless the context otherwise
requires:
   a.  "Manufacturer" means any person, firm, association,
partnership, corporation, governmental entity, organization,
combination, or joint venture that owns or owned the brand
name of the thermostat.
   b.  "Mercury=added thermostat" means a product or device
that uses a mercury switch to sense and control room
temperature through communication with heating, ventilating,
or air=conditioning equipment.  "Mercury=added thermostat"
includes thermostats used to sense and control room
temperature in residential, commercial, industrial, and other
buildings but does not include thermostats used to sense and
control temperature as part of a manufacturing process.
   c.  "Thermostat retailer" means a person who sells
thermostats of any kind directly to homeowners or other
nonprofessionals through any selling or distribution
mechanism, including but not limited to sales using the
internet or catalogues.  A thermostat retailer may also be a
thermostat wholesaler if it meets the definition of thermostat
wholesaler.
   d.  "Thermostat wholesaler" means a person who is engaged
in the distribution and wholesale selling of large quantities
of heating, ventilation, and air=conditioning components,
including thermostats, to contractors who install heating,
ventilation, and air=conditioning components, including
thermostats.
   2.  Beginning July 1, 2009, a person shall not sell, offer
for sale, or install a mercury=added thermostat in this state.
   3.  Beginning April 1, 2009, except as otherwise provided,
a person who generates a discarded mercury=added thermostat
shall manage the mercury=added thermostat as a hazardous waste
or universal hazardous waste, according to all applicable
state and federal regulations.  A contractor who replaces or
removes mercury=added thermostats shall assure that any
discarded mercury=added thermostat is subject to proper
separation and management as hazardous waste or universal
hazardous waste.  A contractor who replaces a mercury=added
thermostat in a residence shall deliver the mercury=added
thermostat to an appropriate collection location for
recycling.
   4.  Each thermostat manufacturer that has offered for final
sale, sold at final sale, or distributed mercury=added
thermostats in the state shall individually, or in conjunction
with other thermostat manufacturers, do all of the following:
   a.  Not later than October 1, 2008, submit a plan to the
department for approval describing a collection program for
mercury=added thermostats.  The program contained in the plan
shall ensure that all the following take place:
   (1)  That an education and outreach program is developed.
The program shall be directed toward thermostat wholesalers,
thermostat retailers, contractors, and homeowners and ensure a
maximum rate of collection of mercury=added thermostats.
There shall not be a cost to thermostat wholesalers or
thermostat retailers for education and outreach materials.
   (2)  That handling and recycling of mercury=added
thermostats are accomplished in a manner that is consistent
with the provisions of the universal waste rules.
   (3)  That containers for mercury=added thermostat
collection are provided to all thermostat wholesalers.  The
cost to thermostat wholesalers for such containers shall be
limited to an initial, reasonable, one=time fee per container
as specified in the plan.
   (4)  That collection points will be established to serve
homeowners.  The collection points shall include but are not
limited to regional collection centers permitted under 567 IAC
123.  Collection points may include but are not limited to
thermostat retailers.
   (5)  That collection systems are provided to all collection
points.  Collection systems may include individual product
mail back or multiple collection containers.  The costs of
collection shall not be passed on to a collection point.  The
costs to a collection point shall be limited to an initial,
reasonable, one=time fee per container as specified in the
plan.
   b.  Not later than April 1, 2009, implement a mercury=added
thermostat collection plan approved by the department.
   c.  Beginning in 2010, submit an annual report to the
department by April 1 of each year that includes, at a
minimum, all of the following:
   (1)  The number of mercury=added thermostats collected and
recycled by that manufacturer during the previous calendar
year.
   (2)  The estimated total amount of mercury contained in the
thermostat components collected by that manufacturer during
the previous calendar year.
   (3)  A list of all participating thermostat wholesalers and
all collection points for homeowners.
   (4)  An evaluation of the effectiveness of the
manufacturer's collection program.
   (5)  An accounting of the administrative costs incurred in
the course of administering the collection and recycling
program.
   5.  a.  By April 1, 2009, a thermostat wholesaler shall do
both of the following:
   (1)  Act as a collection site for mercury=added
thermostats.
   (2)  Promote and utilize the collection containers provided
by thermostat manufacturers to facilitate a contractor
collection program.
   b.  By April 1, 2009, a thermostat retailer shall
participate in an education and outreach program to educate
consumers on the collection program for mercury=added
thermostats.
   6.  Beginning April 1, 2009, all of the following sales
prohibitions shall apply to thermostat manufacturers,
thermostat wholesalers, and thermostat retailers:
   a.  A thermostat manufacturer not in compliance with this
section is prohibited from offering any thermostat for final
sale in the state.  A thermostat manufacturer not in
compliance with this section shall provide the necessary
support to thermostat wholesalers and thermostat retailers to
ensure the manufacturer's thermostats are not offered for
final sale.
   b.  A thermostat wholesaler or thermostat retailer shall
not offer for final sale any thermostat of a manufacturer that
is not in compliance with this section.
   7.  The department shall do all of the following:
   a.  Review and grant approval of, deny, or approve with
modifications a manufacturer plan required under this section.
The department shall not approve a plan unless all elements of
subsection 4, paragraph "a", are adequately addressed and the
program outlined in the plan will assure a maximum rate of
collection of mercury=added thermostats.  In reviewing a plan
the department may consider consistency of the plan with
collection requirements in other states and consider
consistency between thermostat manufacturer collection
programs.  In reviewing plans, the agency shall ensure that
education and outreach programs are uniform and consistent to
ensure ease of implementation by thermostat wholesalers and
thermostat retailers.
   b.  The department shall establish a process for public
review and comment on all plans submitted by thermostat
manufacturers prior to plan approval.  The department shall
consult with interested persons, including representatives of
thermostat manufacturers, environmental groups, thermostat
wholesalers, thermostat retailers, contractors, and local
government.
   c.  By January 15, 2010, and annually thereafter, the
department shall submit a written report to the general
assembly regarding the collection and recycling of
mercury=added thermostats in the state.  The first report
submitted shall include recommendations for any statutory
changes concerning the collection and recycling of
mercury=added thermostats.  Subsequent reports shall include
an evaluation of the effectiveness of the mercury=added
thermostat collection and recycling programs, information on
actual collection rates, and recommendations for any statutory
changes concerning the collection and recycling of
mercury=added thermostats.
   8.  The goal of the collection and recycling efforts under
this section is to collect and recycle as many mercury=added
thermostats as reasonably practicable.  By January 1, 2009,
the department shall determine collection goals for the
program in consultation with interested persons, including the
national electrical manufacturers association and
representatives of thermostat manufacturers, thermostat
wholesalers, thermostat retailers, contractors, environmental
groups, and local government.  If collection efforts fail to
meet the collection goals described in this subsection, the
department shall, in consultation with the national electrical
manufacturers association and other interested persons,
consider modifications to collection programs in an attempt to
improve collection rates in accordance with these goals.


                                                            
                              PATRICK J. MURPHY
                              Speaker of the House


                                                            
                              JOHN P. KIBBIE
                              President of the Senate

   I hereby certify that this bill originated in the House and
is known as House File 2669, Eighty=second General Assembly.


                                                            
                              MARK BRANDSGARD
                              Chief Clerk of the House
Approved                , 2008


                           
CHESTER J. CULVER
Governor