House File 2669 - Enrolled

PAG LIN



  1  1                                         HOUSE FILE 2669
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE COLLECTION AND RECYCLING OF MERCURY=ADDED
  1  5    THERMOSTATS.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  NEW SECTION.  455D.31  MERCURY == THERMOSTATS.
  1 10    1.  As used in this section, unless the context otherwise
  1 11 requires:
  1 12    a.  "Manufacturer" means any person, firm, association,
  1 13 partnership, corporation, governmental entity, organization,
  1 14 combination, or joint venture that owns or owned the brand
  1 15 name of the thermostat.
  1 16    b.  "Mercury=added thermostat" means a product or device
  1 17 that uses a mercury switch to sense and control room
  1 18 temperature through communication with heating, ventilating,
  1 19 or air=conditioning equipment.  "Mercury=added thermostat"
  1 20 includes thermostats used to sense and control room
  1 21 temperature in residential, commercial, industrial, and other
  1 22 buildings but does not include thermostats used to sense and
  1 23 control temperature as part of a manufacturing process.
  1 24    c.  "Thermostat retailer" means a person who sells
  1 25 thermostats of any kind directly to homeowners or other
  1 26 nonprofessionals through any selling or distribution
  1 27 mechanism, including but not limited to sales using the
  1 28 internet or catalogues.  A thermostat retailer may also be a
  1 29 thermostat wholesaler if it meets the definition of thermostat
  1 30 wholesaler.
  1 31    d.  "Thermostat wholesaler" means a person who is engaged
  1 32 in the distribution and wholesale selling of large quantities
  1 33 of heating, ventilation, and air=conditioning components,
  1 34 including thermostats, to contractors who install heating,
  1 35 ventilation, and air=conditioning components, including
  2  1 thermostats.
  2  2    2.  Beginning July 1, 2009, a person shall not sell, offer
  2  3 for sale, or install a mercury=added thermostat in this state.
  2  4    3.  Beginning April 1, 2009, except as otherwise provided,
  2  5 a person who generates a discarded mercury=added thermostat
  2  6 shall manage the mercury=added thermostat as a hazardous waste
  2  7 or universal hazardous waste, according to all applicable
  2  8 state and federal regulations.  A contractor who replaces or
  2  9 removes mercury=added thermostats shall assure that any
  2 10 discarded mercury=added thermostat is subject to proper
  2 11 separation and management as hazardous waste or universal
  2 12 hazardous waste.  A contractor who replaces a mercury=added
  2 13 thermostat in a residence shall deliver the mercury=added
  2 14 thermostat to an appropriate collection location for
  2 15 recycling.
  2 16    4.  Each thermostat manufacturer that has offered for final
  2 17 sale, sold at final sale, or distributed mercury=added
  2 18 thermostats in the state shall individually, or in conjunction
  2 19 with other thermostat manufacturers, do all of the following:
  2 20    a.  Not later than October 1, 2008, submit a plan to the
  2 21 department for approval describing a collection program for
  2 22 mercury=added thermostats.  The program contained in the plan
  2 23 shall ensure that all the following take place:
  2 24    (1)  That an education and outreach program is developed.
  2 25 The program shall be directed toward thermostat wholesalers,
  2 26 thermostat retailers, contractors, and homeowners and ensure a
  2 27 maximum rate of collection of mercury=added thermostats.
  2 28 There shall not be a cost to thermostat wholesalers or
  2 29 thermostat retailers for education and outreach materials.
  2 30    (2)  That handling and recycling of mercury=added
  2 31 thermostats are accomplished in a manner that is consistent
  2 32 with the provisions of the universal waste rules.
  2 33    (3)  That containers for mercury=added thermostat
  2 34 collection are provided to all thermostat wholesalers.  The
  2 35 cost to thermostat wholesalers for such containers shall be
  3  1 limited to an initial, reasonable, one=time fee per container
  3  2 as specified in the plan.
  3  3    (4)  That collection points will be established to serve
  3  4 homeowners.  The collection points shall include but are not
  3  5 limited to regional collection centers permitted under 567 IAC
  3  6 123.  Collection points may include but are not limited to
  3  7 thermostat retailers.
  3  8    (5)  That collection systems are provided to all collection
  3  9 points.  Collection systems may include individual product
  3 10 mail back or multiple collection containers.  The costs of
  3 11 collection shall not be passed on to a collection point.  The
  3 12 costs to a collection point shall be limited to an initial,
  3 13 reasonable, one=time fee per container as specified in the
  3 14 plan.
  3 15    b.  Not later than April 1, 2009, implement a mercury=added
  3 16 thermostat collection plan approved by the department.
  3 17    c.  Beginning in 2010, submit an annual report to the
  3 18 department by April 1 of each year that includes, at a
  3 19 minimum, all of the following:
  3 20    (1)  The number of mercury=added thermostats collected and
  3 21 recycled by that manufacturer during the previous calendar
  3 22 year.
  3 23    (2)  The estimated total amount of mercury contained in the
  3 24 thermostat components collected by that manufacturer during
  3 25 the previous calendar year.
  3 26    (3)  A list of all participating thermostat wholesalers and
  3 27 all collection points for homeowners.
  3 28    (4)  An evaluation of the effectiveness of the
  3 29 manufacturer's collection program.
  3 30    (5)  An accounting of the administrative costs incurred in
  3 31 the course of administering the collection and recycling
  3 32 program.
  3 33    5.  a.  By April 1, 2009, a thermostat wholesaler shall do
  3 34 both of the following:
  3 35    (1)  Act as a collection site for mercury=added
  4  1 thermostats.
  4  2    (2)  Promote and utilize the collection containers provided
  4  3 by thermostat manufacturers to facilitate a contractor
  4  4 collection program.
  4  5    b.  By April 1, 2009, a thermostat retailer shall
  4  6 participate in an education and outreach program to educate
  4  7 consumers on the collection program for mercury=added
  4  8 thermostats.
  4  9    6.  Beginning April 1, 2009, all of the following sales
  4 10 prohibitions shall apply to thermostat manufacturers,
  4 11 thermostat wholesalers, and thermostat retailers:
  4 12    a.  A thermostat manufacturer not in compliance with this
  4 13 section is prohibited from offering any thermostat for final
  4 14 sale in the state.  A thermostat manufacturer not in
  4 15 compliance with this section shall provide the necessary
  4 16 support to thermostat wholesalers and thermostat retailers to
  4 17 ensure the manufacturer's thermostats are not offered for
  4 18 final sale.
  4 19    b.  A thermostat wholesaler or thermostat retailer shall
  4 20 not offer for final sale any thermostat of a manufacturer that
  4 21 is not in compliance with this section.
  4 22    7.  The department shall do all of the following:
  4 23    a.  Review and grant approval of, deny, or approve with
  4 24 modifications a manufacturer plan required under this section.
  4 25 The department shall not approve a plan unless all elements of
  4 26 subsection 4, paragraph "a", are adequately addressed and the
  4 27 program outlined in the plan will assure a maximum rate of
  4 28 collection of mercury=added thermostats.  In reviewing a plan
  4 29 the department may consider consistency of the plan with
  4 30 collection requirements in other states and consider
  4 31 consistency between thermostat manufacturer collection
  4 32 programs.  In reviewing plans, the agency shall ensure that
  4 33 education and outreach programs are uniform and consistent to
  4 34 ensure ease of implementation by thermostat wholesalers and
  4 35 thermostat retailers.
  5  1    b.  The department shall establish a process for public
  5  2 review and comment on all plans submitted by thermostat
  5  3 manufacturers prior to plan approval.  The department shall
  5  4 consult with interested persons, including representatives of
  5  5 thermostat manufacturers, environmental groups, thermostat
  5  6 wholesalers, thermostat retailers, contractors, and local
  5  7 government.
  5  8    c.  By January 15, 2010, and annually thereafter, the
  5  9 department shall submit a written report to the general
  5 10 assembly regarding the collection and recycling of
  5 11 mercury=added thermostats in the state.  The first report
  5 12 submitted shall include recommendations for any statutory
  5 13 changes concerning the collection and recycling of
  5 14 mercury=added thermostats.  Subsequent reports shall include
  5 15 an evaluation of the effectiveness of the mercury=added
  5 16 thermostat collection and recycling programs, information on
  5 17 actual collection rates, and recommendations for any statutory
  5 18 changes concerning the collection and recycling of
  5 19 mercury=added thermostats.
  5 20    8.  The goal of the collection and recycling efforts under
  5 21 this section is to collect and recycle as many mercury=added
  5 22 thermostats as reasonably practicable.  By January 1, 2009,
  5 23 the department shall determine collection goals for the
  5 24 program in consultation with interested persons, including the
  5 25 national electrical manufacturers association and
  5 26 representatives of thermostat manufacturers, thermostat
  5 27 wholesalers, thermostat retailers, contractors, environmental
  5 28 groups, and local government.  If collection efforts fail to
  5 29 meet the collection goals described in this subsection, the
  5 30 department shall, in consultation with the national electrical
  5 31 manufacturers association and other interested persons,
  5 32 consider modifications to collection programs in an attempt to
  5 33 improve collection rates in accordance with these goals.
  5 34
  5 35
  6  1                                                             
  6  2                               PATRICK J. MURPHY
  6  3                               Speaker of the House
  6  4
  6  5
  6  6                                                             
  6  7                               JOHN P. KIBBIE
  6  8                               President of the Senate
  6  9
  6 10    I hereby certify that this bill originated in the House and
  6 11 is known as House File 2669, Eighty=second General Assembly.
  6 12
  6 13
  6 14                                                             
  6 15                               MARK BRANDSGARD
  6 16                               Chief Clerk of the House
  6 17 Approved                , 2008
  6 18
  6 19
  6 20                            
  6 21 CHESTER J. CULVER
  6 22 Governor