Article 10.2.2. Mercury Thermostat Collection Act Of 2008 of California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 10.2.2.
This article shall be known, and may be cited, as the
Mercury Thermostat Collection Act of 2008.
For purposes of this article, the following definitions
(a) "Manufacturer" means a business concern that owns or owned a
name brand of mercury-added thermostats sold in this state before
January 1, 2006.
(b) "Mercury-added thermostat" has the same meaning as defined in
paragraph (2) of subdivision (b) of Section 25214.8.1.
(c) "Out-of-service mercury-added thermostat" means a
mercury-added thermostat that is removed from a building or facility
in this state and is intended to be discarded.
(d) "Program" means a system for the collection, transportation,
recycling, and disposal of out-of-service mercury-added thermostats
that is financed, as well as managed or provided, by a manufacturer
or collectively with other manufacturers.
(e) "Retailer" means a person who sells thermostats of any kind
directly to a consumer through a selling or distribution mechanism,
including, but not limited to, a sale using catalogs or the Internet.
A retailer may be a wholesaler if the person meets the definition of
a wholesaler set forth in subdivision (g).
(f) "Thermostat" means a product or device that uses a switch to
sense and control room temperature through communication with
heating, ventilating, or air-conditioning equipment. "Thermostat"
includes a thermostat used to sense and control room temperature in
residential, commercial, industrial, and other buildings, but does
not include a thermostat used to sense and control temperature as
part of a manufacturing process.
(g) "Wholesaler" means a person engaged in the distribution and
wholesale selling of heating, ventilation, and air-conditioning
components to contractors who install heating, ventilation, and
air-conditioning components, and whose total wholesale sales account
for 80 percent or more of total sales. A manufacturer, as defined by
this section, is not a wholesaler.
(a) (1) A manufacturer shall establish and maintain a
program for out-of-service mercury-added thermostats in compliance
with this article.
(2) A manufacturer may establish a collection and recycling
program for out-of-service mercury-added thermostats individually or
collectively with other manufacturers.
(3) A manufacturer, or a group of manufacturers operating a
program collectively, may contract with a retailer for in-store or
out-of-store collection of out-of-service mercury-added thermostats.
(b) (1) A person shall not sell or offer for sale in this state a
thermostat that is produced by a manufacturer that is not in
compliance with this article.
(2) The sales prohibition in paragraph (1) shall be effective on
the 120th day after the notice described in subdivision (c) listing a
manufacturer is posted on the department's Internet Web site and
shall remain in effect until the manufacturer is no longer listed on
the department's Internet Web site.
(c) On July 1, 2009, and on January 1 and July 1 annually
thereafter, the department shall post a notice on its Internet Web
site listing manufacturers that are not in compliance with this
(d) A wholesaler or a retailer that distributes or sells
mercury-added thermostats shall monitor the department's Internet Web
site to determine if the sale of a manufacturer's thermostats is in
compliance with this section.
Each manufacturer shall individually, or collectively
with other manufacturers, do all of the following:
(a) Collect, handle, and arrange for the appropriate management of
out-of-service mercury-added thermostats in compliance with this
chapter and the regulations adopted pursuant to this chapter.
(b) On and after July 1, 2009, provide collection bins for
out-of-service mercury-added thermostat collection to wholesalers at
a cost not to exceed twenty-five dollars ($25).
(c) On and after July 1, 2009, make collection bins available at
no cost for out-of-service mercury-added thermostats to any local
governmental agency that requests a collection bin for use at
household hazardous waste collection facilities or household
hazardous waste events.
(d) Either arrange for pick up of the collection bins, or pay for
the costs of shipping the collection bins provided pursuant to
subdivisions (b) and (c) for proper handling and recycling.
(e) From July 1, 2009, to December 31, 2011, inclusive, undertake
education and outreach efforts, including, but not limited to, all of
(1) A public service announcement promoting the proper management
of out-of-service mercury-added thermostats. Copies of the public
service announcement shall be provided to the department and the
California Integrated Waste Management Board for their use and
(2) The establishment of a public Internet Web site. Templates of
educational materials shall be posted on the Internet Web site that
are in a form and format that can be easily downloaded. A link to the
Internet Web site shall be provided to the department and the
California Integrated Waste Management Board.
(3) Methods used to engage other stakeholders such as waste,
demolition, heating, ventilation, and air-conditioning organizations,
as well as appropriate state agencies and local governments to
secure support and participation to encourage the proper management
of out-of-service mercury-added thermostats throughout California.
(4) Strategies to work with California utilities participating in
demand response programs involving the replacement of thermostats to
encourage their participation in the collection and proper management
of out-of-service mercury-added thermostats. These strategies may
include the inclusion of an educational insert in their customers'
(5) Contacting wholesalers in California and encouraging their
support and participation in educating their customers on the proper
management of out-of-service mercury-added thermostats.
(6) Strategies used to encourage support and participation by
retailers and other outlets to educate consumers on the proper
management of out-of-service mercury-added thermostats.
(f) On or before July 1, 2009, develop, and update as necessary,
educational and other outreach materials aimed at heating,
ventilation, and air-conditioning contractors, demolition
contractors, and their associations, municipal utility districts, and
homeowners. Those materials shall be made available to participating
retailers, all wholesalers, and household hazardous waste programs.
These materials shall include, but are not limited to, one or more of
(1) Signage that is prominently displayed and easily visible to
the consumer and contractors.
(2) Written materials and templates of materials for reproduction
by retailers and wholesalers to be provided to the consumer at the
time of purchase, delivery, or both purchase and delivery of a
thermostat. The materials shall include information on the
prohibition of improper disposal of mercury-added thermostats, the
proper management of out-of-service mercury-added thermostats, and
the locations of collection opportunities.
(3) Advertising or other promotional materials, or both, that
include references to the collection opportunities.
(4) Materials to be used in direct communications with the
consumer and contractor at the time of purchase.
(g) Provide incentives and education to contractors, service
technicians, and homeowners to encourage the return of out-of-service
mercury-added thermostats to established collection locations.
(h) Encourage the purchase of programmable thermostats that comply
with Part 6 (commencing with Section 100) of Title 24 of the
California Building Standards Code and that qualify for the Energy
Star program of the federal Environmental Protection Agency, as
replacements for mercury-added thermostats.
(i) On or before April 1, 2010, and on or before April 1 annually
thereafter, submit an annual report to the department covering the
one-year period ending December 31st of the previous calendar year.
Each report shall be posted on the manufacturer's or program's
Internet Web site. The annual report shall include all of the
(1) The number of out-of-service mercury-added thermostats
collected in California during the previous calendar year.
(2) The estimated total amount of mercury contained in the
collected out-of-service mercury-added thermostats.
(3) An evaluation of the effectiveness of the program.
(4) Commencing with the report due April 1, 2013, a comparison to
the performance requirements for collection established pursuant to
subdivision (b) of Section 25214.8.17.
(5) An accounting of the program administrative costs, including a
copy of Internal Revenue Service Form 990 for a nonprofit
organization's program. For a for-profit organization's program, the
manufacturer, or group of manufacturers operating a program, shall
submit independently audited financial statements detailing revenues
and a full accounting of administrative costs incurred.
(6) A description of the outreach strategies employed to increase
participation and collection rates.
(7) Examples of outreach and educational materials used.
(8) Names and locations of all participating collection locations.
(9) The number of out-of-service mercury-added thermostats
collected at each collection location.
(10) The Internet Web site address where the annual report may be
(11) A description of how the collected out-of-service
mercury-added thermostats were managed.
(12) Modifications that the manufacturer is proposing to make in
its collection and recycling program.
(a) A wholesaler that has a physical location in the
state shall act as a collection location for out-of-service
(b) A retailer or wholesaler that distributes new thermostats by
mail to buyers in the state shall include with the sale of the new
thermostat, an Internet Web site address and toll-free telephone
number with instructions on obtaining a prepaid mail-in label that a
consumer may use to send an out-of-service mercury-added thermostat
to a collection location.
(c) A wholesaler shall distribute the educational and outreach
materials developed pursuant to Section 25214.8.13 to its customers.
A contractor who installs heating, ventilation, and
air-conditioning components and who removes a mercury-added
thermostat shall handle the thermostat in accordance with the
regulations adopted pursuant to this chapter, and take the
out-of-service mercury-added thermostat to a location with a
collection bin operating in accordance with those regulations.
A person who demolishes a building shall remove any
mercury-added thermostats from the building prior to demolition in
accordance with all applicable regulations adopted pursuant to this
chapter, and take the out-of-service mercury-added thermostat to a
location that is authorized to collect out-of-service mercury-added
(a) The department may order a manufacturer, or a group
of manufacturers operating a program, to revise its program and to
undertake actions to comply with this article.
(b) On or before January 1, 2012, the department shall adopt
regulations for all of the following:
(1) To develop performance requirements that specify collection
rates expressed as a percentage of out-of-service mercury-added
thermostats becoming waste annually.
(2) To establish a methodology for the calculation of the number
of out-of-service mercury-added thermostats becoming waste annually.
On or before March 1, 2009, a manufacturer, or a group
of manufacturers operating a program, shall present to the department
a survey plan and methodology for a survey to provide statistically
valid data on the number of mercury-added thermostats that become
waste annually in California. The manufacturer or group of
manufacturers shall complete the survey by December 1, 2009, and
shall present all survey data to the department by December 31, 2009.
It is the intent of this article to provide for the
collection and recycling of the maximum feasible number of
out-of-service mercury-added thermostats.