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Texas House Bill HB4056

Texas 2009 - 81st Regular

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11 81R30192 JJT-F
22 By: Allen, Turner of Harris, Weber, Edwards H.B. No. 4056
33 Substitute the following for H.B. No. 4056:
44 By: Farrar C.S.H.B. No. 4056
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the establishment of a program for the collection,
1010 transportation, recycling, and disposal of mercury-added
1111 thermostats.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Chapter 361, Health and Safety Code, is amended
1414 by adding Subchapter Z to read as follows:
1515 SUBCHAPTER Z. MERCURY-ADDED THERMOSTAT COLLECTION PROGRAM
1616 Sec. 361.971. DEFINITIONS. In this subchapter:
1717 (1) "Manufacturer" means a business concern that owns
1818 or owned a name brand of mercury-added thermostats sold in this
1919 state.
2020 (2) "Mercury-added thermostat" means a thermostat
2121 that uses a mercury switch to sense and control room temperature
2222 through communication with heating, ventilating, or
2323 air-conditioning equipment in residential, commercial, industrial,
2424 or other buildings. The term does not include a thermostat used to
2525 sense and control temperature as part of a manufacturing process.
2626 (3) "Out-of-service mercury-added thermostat" means a
2727 mercury-added thermostat that is removed from a building in this
2828 state and is intended to be discarded.
2929 (4) "Retailer" means a person who sells thermostats
3030 directly to a consumer through a selling or distribution mechanism,
3131 including a sale using a catalog or the Internet.
3232 (5) "Thermostat" means a device that uses a switch to
3333 sense and control room temperature in a residential, commercial,
3434 industrial, or other building through communication with heating,
3535 ventilating, or air-conditioning equipment.
3636 (6) "Wholesaler" means a person engaged in the
3737 distribution and wholesale selling of heating, ventilation, and
3838 air-conditioning components to contractors who install heating,
3939 ventilation, and air-conditioning components and whose total
4040 wholesale sales account for 80 percent or more of total sales. The
4141 term does not include a manufacturer.
4242 Sec. 361.972. MERCURY-ADDED THERMOSTAT RECYCLING. A person
4343 who removes a mercury-added thermostat from service shall:
4444 (1) handle the thermostat in accordance with this
4545 subchapter and rules adopted under this subchapter; and
4646 (2) take the thermostat to a point of collection with a
4747 collection bin operating in accordance with this subchapter and
4848 rules adopted under this subchapter.
4949 Sec. 361.973. MANUFACTURER PROGRAMS FOR OUT-OF-SERVICE
5050 MERCURY-ADDED THERMOSTATS. (a) Each manufacturer of mercury-added
5151 thermostats that have been sold in this state shall, individually
5252 or collectively with other manufacturers, establish and maintain a
5353 collection and recycling program for out-of-service mercury-added
5454 thermostats. Each manufacturer, individually or collectively with
5555 other manufacturers, is responsible for collecting, handling,
5656 transporting, and recycling or disposing of out-of-service
5757 mercury-added thermostats through a program in accordance with this
5858 subchapter and rules adopted under this subchapter.
5959 (b) A manufacturer or a group of manufacturers operating a
6060 program collectively may contract with a retailer to provide a
6161 point of collection for out-of-service mercury-added thermostats,
6262 either in the retailer's place of business or elsewhere.
6363 Sec. 361.974. COLLECTION BINS. A manufacturer's program
6464 established under Section 361.973 shall:
6565 (1) provide collection bins for out-of-service
6666 mercury-added thermostat collection to:
6767 (A) wholesalers, at a one-time administrative
6868 fee not to exceed $40; and
6969 (B) a local government that requests a collection
7070 bin for use at a household hazardous waste collection facility or a
7171 household hazardous waste event, at a one-time administrative fee
7272 not to exceed $40; and
7373 (2) arrange for either:
7474 (A) the pickup of the contents of the collection
7575 bins provided pursuant to this section for proper handling and
7676 recycling; or
7777 (B) the payment of the costs of shipping the
7878 collection bins provided under this section for proper handling and
7979 recycling in accordance with the program.
8080 Sec. 361.975. INITIAL PROGRAM EDUCATION AND OUTREACH. (a)
8181 A manufacturer's program established under Section 361.973, in
8282 accordance with commission rules, shall:
8383 (1) establish and provide to the commission the
8484 address of a public Internet website through which visitors can
8585 easily download templates of educational materials;
8686 (2) to encourage greater participation in the proper
8787 management of out-of-service mercury-added thermostats in this
8888 state, undertake to engage other stakeholders, including waste,
8989 demolition, heating, ventilation, and air-conditioning
9090 organizations, and appropriate state agencies and local
9191 governments;
9292 (3) work with utilities or their contractors in this
9393 state that are participating in demand response programs involving
9494 thermostat replacement to encourage the utilities' participation
9595 in the collection and proper management of out-of-service
9696 mercury-added thermostats;
9797 (4) encourage utilities to include an educational
9898 insert in customers' utility bills;
9999 (5) encourage wholesalers to support and participate
100100 in educating customers on the proper management of out-of-service
101101 mercury-added thermostats;
102102 (6) encourage retailers to support and participate in
103103 educating consumers on the proper management of out-of-service
104104 mercury-added thermostats; and
105105 (7) undertake other educational or outreach efforts
106106 required by commission rule.
107107 (b) This section expires January 1, 2012.
108108 Sec. 361.976. EDUCATIONAL AND OUTREACH MATERIALS. (a) A
109109 manufacturer's program established under Section 361.973, in
110110 accordance with commission rules, shall develop, update as
111111 necessary, and make available to participating retailers,
112112 participating wholesalers, and participating household hazardous
113113 waste programs educational and other outreach materials for:
114114 (1) heating, ventilation, and air-conditioning
115115 contractors, demolition contractors, and associations of those
116116 contractors;
117117 (2) utilities and local governments that provide
118118 utility services or household hazardous waste programs; and
119119 (3) homeowners.
120120 (b) Materials developed and made available under Subsection
121121 (a) must include at least one of the following:
122122 (1) signs designed for prominent, easily visible
123123 display for viewing by consumers and contractors;
124124 (2) written materials or templates of materials for
125125 reproduction by participating retailers and participating
126126 wholesalers to be provided to the consumer at the time of purchase
127127 or delivery of a thermostat that include information on:
128128 (A) prohibited generator methods of disposing of
129129 mercury-added thermostats;
130130 (B) proper management of out-of-service
131131 mercury-added thermostats;
132132 (C) locations where out-of-service mercury-added
133133 thermostats are collected for proper handling, recycling, or
134134 disposal; and
135135 (D) energy-efficient thermostats as replacements
136136 for mercury-added thermostats;
137137 (3) advertising or promotional materials that inform
138138 about out-of-service mercury-added thermostat collection
139139 opportunities; or
140140 (4) materials to be used in direct communications with
141141 the consumer and contractor at the time a thermostat is purchased.
142142 Sec. 361.977. COLLECTION INCENTIVES AND EDUCATION. A
143143 manufacturer's program established under Section 361.973 shall
144144 provide nonfinancial incentives and education to contractors and
145145 service technicians to encourage the return of out-of-service
146146 mercury-added thermostats to established points of collection.
147147 Sec. 361.978. PROGRESS REPORT. (a) On or before April 1 of
148148 each year, a manufacturer, through a program established under
149149 Section 361.973, shall submit to the commission and post on the
150150 program's Internet website a report that includes:
151151 (1) the number of out-of-service mercury-added
152152 thermostats the program collected in this state during the
153153 preceding calendar year;
154154 (2) the estimated total amount of mercury contained in
155155 the out-of-service mercury-added thermostats the program collected
156156 during the preceding calendar year;
157157 (3) an evaluation of the effectiveness of the program;
158158 (4) an accounting of the program's administrative
159159 costs that includes:
160160 (A) for a nonprofit organization's program, a
161161 copy of Internal Revenue Service Form 990; or
162162 (B) for a for-profit organization's program,
163163 independently audited financial statements detailing revenues and
164164 a full accounting of administrative costs incurred;
165165 (5) a description of the outreach strategies employed
166166 to increase participation and collection rates;
167167 (6) examples of outreach and educational materials
168168 used;
169169 (7) names and locations of all participating points of
170170 collection;
171171 (8) the number of out-of-service mercury-added
172172 thermostats collected at each point of collection;
173173 (9) the Internet website address at which the annual
174174 report may be viewed online;
175175 (10) a description of how the collected out-of-service
176176 mercury-added thermostats were managed; and
177177 (11) beginning with the report due April 1, 2012, a
178178 comparison of collections to the collection goals established under
179179 this section.
180180 (b) With the first progress report due under Subsection (a),
181181 a manufacturer, individually or collectively with other
182182 manufacturers, shall submit to the commission collection goals that
183183 ensure an increase in the number of mercury-added thermostats
184184 collected each year until 2016 or until a time the commission
185185 determines that the number of in-service mercury-added thermostats
186186 is steadily declining as a result of the ban on sales and
187187 installation of mercury-added thermostats.
188188 (c) The commission shall use the progress reports required
189189 by this section to determine whether collection goals are being
190190 met. If collection goals are not met, the commission may require
191191 modifications to a manufacturer's collection plans in an attempt to
192192 improve collection rates.
193193 (d) The manufacturer or group of manufacturers operating a
194194 program shall post the progress report submitted under this section
195195 on a public Internet website.
196196 (e) The commission shall post progress reports submitted
197197 under this section on the commission's Internet website or provide
198198 a link to the public Internet website described by Subsection (d).
199199 (f) The commission by rule shall establish a review
200200 procedure that includes:
201201 (1) notice of the review procedure and timeline,
202202 including notice of the opportunity for public comment to be posted
203203 on the commission's Internet website; and
204204 (2) a period for public comment that extends at least
205205 90 days from the date the commission posts progress reports
206206 submitted under this section.
207207 (g) The commission shall review and consider the progress
208208 reports and the public comments submitted under this section. The
209209 commission shall consider each progress report's consistency with
210210 other thermostat manufacturers' collection programs in this state
211211 and in other states. The commission may consult with thermostat
212212 manufacturers, thermostat wholesalers, thermostat technicians,
213213 thermostat retailers, environmental interest groups, and local
214214 governments to solicit additional comments.
215215 (h) The commission may discontinue the requirement for the
216216 progress report under this section if the commission finds, based
217217 on diminished returns of thermostats, that mercury-added
218218 thermostats no longer pose a threat to the environment and public
219219 health in this state.
220220 Sec. 361.979. COMMISSION'S EDUCATION RESPONSIBILITIES.
221221 (a) The commission may provide outreach to educate consumers
222222 regarding the collection and recycling requirement for
223223 out-of-service mercury-added thermostats.
224224 (b) The commission shall provide a link on the commission's
225225 Internet website for a program operated by a manufacturer or group
226226 of manufacturers by which consumers, contractors, retailers, and
227227 wholesalers are provided information about the recycling of
228228 out-of-service mercury-added thermostats.
229229 Sec. 361.980. THERMOSTAT SALES PROHIBITED; LIST OF
230230 NONCOMPLIANT MANUFACTURERS. (a) A person may not sell or offer for
231231 sale in this state a thermostat that is produced by a manufacturer
232232 that has been listed on the commission's Internet website as a
233233 noncompliant manufacturer for 120 or more consecutive days.
234234 (b) On January 2 and July 1 of each year, the commission
235235 shall post a list on its Internet website of manufacturers that are
236236 not in compliance with this subchapter.
237237 (c) A wholesaler or retailer that distributes or sells
238238 thermostats shall monitor the commission's Internet website to
239239 determine whether the sale of a manufacturer's thermostat is in
240240 compliance with this subchapter.
241241 Sec. 361.981. WHOLESALER DUTY: POINT OF COLLECTION. A
242242 wholesaler that conducts business from a physical location in this
243243 state shall provide at each of its places of business in this state
244244 a point of collection for out-of-service mercury-added
245245 thermostats.
246246 Sec. 361.982. DISTRIBUTION OF INFORMATION ON POINTS OF
247247 COLLECTION. A retailer or wholesaler that distributes new
248248 thermostats by mail to buyers in this state shall include with the
249249 sale of the new thermostat an Internet website address and
250250 toll-free telephone number with instructions on obtaining a prepaid
251251 mail-in label that a consumer may use to send an out-of-service
252252 mercury-added thermostat to a point of collection for mercury-added
253253 thermostats.
254254 Sec. 361.983. WHOLESALER DISTRIBUTION OF EDUCATIONAL AND
255255 OUTREACH MATERIALS. A wholesaler shall distribute the educational
256256 and outreach materials developed and made available under Section
257257 361.976 to its customers.
258258 Sec. 361.984. AIR-CONDITIONING AND REFRIGERATION
259259 CONTRACTOR RESPONSIBILITIES. (a) In this section,
260260 "air-conditioning and refrigeration contractor" has the meaning
261261 assigned by Section 1302.002, Occupations Code.
262262 (b) An air-conditioning and refrigeration contractor who
263263 removes a mercury-added thermostat shall:
264264 (1) handle the thermostat in accordance with this
265265 subchapter and rules adopted under this subchapter; and
266266 (2) take the thermostat to a point of collection with a
267267 collection bin operating in accordance with this subchapter and
268268 rules adopted under this subchapter.
269269 Sec. 361.985. MANUFACTURERS' COMPLIANCE ASSURANCE. The
270270 commission may require a manufacturer or group of manufacturers
271271 operating a program established under Section 361.973 to revise the
272272 collection and recycling program and to take other necessary
273273 actions to comply with this subchapter.
274274 Sec. 361.986. AIR-CONDITIONING AND REFRIGERATION
275275 CONTRACTOR COMPLIANCE. (a) In this section, "air-conditioning and
276276 refrigeration contractor" has the meaning assigned by Section
277277 1302.002, Occupations Code.
278278 (b) The commission is responsible for ensuring compliance
279279 with Section 361.984.
280280 (c) The Texas Department of Licensing and Regulation shall
281281 refer to the commission any complaints filed with that department
282282 and any other information obtained by that department against an
283283 air-conditioning and refrigeration contractor related to a
284284 violation of Section 361.984.
285285 Sec. 361.987. COMMISSION REPORT. Not later than August 1 of
286286 each year, the commission shall compile information from progress
287287 reports and comments received under Section 361.978 and issue an
288288 electronic report to the committee in each house of the legislature
289289 that has primary jurisdiction over environmental matters.
290290 Sec. 361.988. SIGNAGE ON RECYCLING COLLECTION REQUIREMENT.
291291 An operator of a solid waste treatment, processing, or disposal
292292 facility shall notify the facility's customers of the requirement
293293 under Section 361.972 to take an out-of-service mercury-added
294294 thermostat to a point of collection by posting at the facility signs
295295 that clearly note the requirement.
296296 SECTION 2. (a) A manufacturer's program established
297297 individually or collectively under Section 361.973, Health and
298298 Safety Code, as added by this Act, is required to provide collection
299299 bins as provided by Section 361.974, Health and Safety Code, as
300300 added by this Act, only on and after July 1, 2010.
301301 (b) A manufacturer's program established individually or
302302 collectively under Section 361.973, Health and Safety Code, as
303303 added by this Act, is required to perform the duties provided by
304304 Section 361.975, Health and Safety Code, as added by this Act, only
305305 on and after July 1, 2010.
306306 (c) A manufacturer's program established individually or
307307 collectively under Section 361.973, Health and Safety Code, as
308308 added by this Act, is required to develop, update, and make
309309 available educational and outreach materials as provided by Section
310310 361.976, Health and Safety Code, as added by this Act, only on and
311311 after July 1, 2010.
312312 (d) The first progress report required by Section 361.978,
313313 Health and Safety Code, as added by this Act, is due April 1, 2011.
314314 (e) The Texas Commission on Environmental Quality shall
315315 begin posting the commission's list of noncompliant manufacturers
316316 as provided by Section 361.980, Health and Safety Code, as added by
317317 this Act, on July 1, 2010.
318318 (f) The Texas Commission on Environmental Quality shall
319319 issue the first report required by Section 361.987, Health and
320320 Safety Code, as added by this Act, not later than August 1, 2011.
321321 SECTION 3. This Act takes effect September 1, 2009.