BILL NUMBER: S8936
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the environmental conservation law and the state finance
law, in relation to the proper collection and disposal of mercury ther-
mostats; and to amend chapter 550 of the laws of 2013, amending the
environmental conservation law relating to establishing the mercury
thermostat collection act, in relation to the effectiveness thereof
 
PURPOSE:
This bill would amend Title 29 of Article 27 of the environmental
conservation law (ECL) to extend the Mercury Thermostat Collection Act,
set to expire January 1, 2025 and provide that each manufacturer or
collective organization shall submit a collection program plan, with
specific requirements. Additionally, the bill amends the state finance
law and chapter 550 of the laws of 2013.
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 27-2901 of the ECL to add definitions for
"Producer responsibility organization", "department" and "thermostat",
and changes "qualified contractor" to "contractor." Section 27-2903 of
the ECL is amended to require each manufacturer or producer responsibil-
ity organization to submit a collection program plan for department
approval that provides for a $20 financial incentive for the return of
each out-of-service mercury thermostat to be provided by a thermostat
manufacturer or producer responsibility organization. Other program
requirements added include enhanced education and outreach requirements,
a required convenience standard, annual reporting to the department, and
reimbursement of the department's actual costs for the administration
and oversight of the collection program(s). Amends section 27-2905 of
the ECL to include the requirement that thermostat wholesalers partic-
ipate as collection locations, which was moved from Section 27-2903. The
bill also requires each thermostat wholesaler or thermostat retailer to
make use of the educational and outreach materials provided by thermo-
stat manufacturers or their producer responsibility organization as part
of the collection program. Amends section 27-2907 of the ECL to require
contractors to return out-of-service mercury thermostats to collection
locations. "Department Responsibilities" and "Disposal Prohibitions" are
renumbered as Sections 27-2909 and 27-2911 respectively. Additionally,
the bill requires a report to the governor and legislature every five
years beginning November 1, 2028. Amends the ECL to add a new section
27-2913 which contains enforcement language.
Section 2 amends the state finance law to add a new section 92-kk to
establish a Mercury thermostat stewardship fund.
Section 3 amends the unconsolidated law to include notification require-
ments.
Section 4 amends chapter 550 of the laws of 2013 to extend the Act's
expiration from January 1, 2025 to January 1, 2048.
Section 5 is the effective date.
 
JUSTIFICATION:
Mercury is a naturally occurring element that can be highly toxic to
humans, depending on its chemical form. Through environmental processes,
mercury cycles between elemental, inorganic, and organic forms.
Elemental mercury is a silvery, odorless liquid and is the form commonly
found in older household items such as thermometers and thermostats.
Improper disposal of mercury-containing devices, such as mercury thermo-
stats, can result in increased amounts of mercury being deposited in the
environment. Mercury-containing thermostats can contain between three
and four grams of elemental mercury. Because of this relatively large
amount of mercury per device, proper collection and disposal of mercury
thermostats must be a priority.
Mandatory extended producer responsibility laws, like the Mercury Ther-
mostat Collection Act, are proven to provide industry funding for waste
collection that is dedicated and sustainable. This proposed amendment to
extend and improve the existing legislation will ensure an ongoing,
enhanced, and financially sufficient program. The sales prohibition
under the state's separate Mercury Added Consumer Products Law has
banned mercury thermostats from being sold in the state since 2012.
Given the average life of a mercury thermostat of 30-50 years, a manda-
tory program extension to 2048, combined with a manufacturer funded
consumer financial return incentive, greatly improved outreach, and an
improved convenience standard, should effectively bring about the
collection of most of the mercury thermostats still on the walls in the
state.
Evidence of collection efforts by the Thermostat Recycling Corporation
(TRC) in other states, such as Vermont and Maine provide support for the
implementation of a financial incentive. Per capita collection in
Vermont and Maine is much higher than in New York State, despite the
much smaller population and geography of the former states. This has
been attributed to the presence of a financial incentive and focused
education and outreach efforts. California is the most recent state to
amend its existing mercury thermostat collection program, with the
establishment of .a $30 per thermostat financial return incentive.
The Center for Sustainable Materials Management (CSMM) at SUNY Environ-
mental Science and Forestry has recently published a report where they
reviewed and compared the collection results of states with mandatory
mercury thermostat collection programs, with a focus on New York State's
program. The CSMM report is consistent with the proposed legislative
changes and recommends New York State include the establishment of a
financial return incentive, convenience improvement, and to increase
education and outreach.
 
LEGISLATIVE HISTORY:
Chapter 349 of 2023: Extended the Mercury Thermostat Collection Act
until January 1, 2025
Chapter 550 of 2013: Mercury Thermostat Collection Act
 
FISCAL IMPLICATIONS:
None to the State of New York
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, the amend-
ments to title 29 of article 27 of the environmental conservation law
made by section one of this act shall not affect the expiration of such
title and shall be deemed repealed therewith.

Statutes affected:
S8936: ninety-two-s state finance law