25214.8.13
. 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
the following:
(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
promotion.
(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'
utility bills.
(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
the following:
(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
following:
(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
viewed online.
(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.