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Texas House Bill HB695

Texas 2011 - 82nd Regular

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11 82R22978 KJM-D
22 By: Allen, Reynolds, et al. H.B. No. 695
33 Substitute the following for H.B. No. 695:
44 By: Aliseda C.S.H.B. No. 695
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) "Air-conditioning and refrigeration contractor"
1818 has the meaning assigned by Section 1302.002, Occupations Code.
1919 (2) "Manufacturer" means a business concern that owns
2020 or owned a name brand of mercury-added thermostats sold in this
2121 state.
2222 (3) "Mercury-added thermostat" means a thermostat
2323 that uses a mercury switch to sense and control room temperature
2424 through communication with heating, ventilating, or
2525 air-conditioning equipment in residential, commercial, industrial,
2626 or other buildings. The term does not include a thermostat used to
2727 sense and control temperature as part of a manufacturing process.
2828 (4) "Out-of-service mercury-added thermostat" means a
2929 mercury-added thermostat that is removed from service in this state
3030 and is intended to be discarded.
3131 (5) "Retailer" means a person who sells thermostats
3232 directly to a consumer through a selling or distribution mechanism,
3333 including a sale using a catalog or the Internet.
3434 (6) "Thermostat" means a device that uses a switch to
3535 sense and control room temperature in a residential, commercial,
3636 industrial, or other building through communication with heating,
3737 ventilating, or air-conditioning equipment.
3838 (7) "Wholesaler" means a person engaged in the
3939 distribution and wholesale selling of heating, ventilation, and
4040 air-conditioning components to contractors who install heating,
4141 ventilation, and air-conditioning components and whose total
4242 wholesale sales account for 80 percent or more of total sales. The
4343 term does not include a manufacturer.
4444 Sec. 361.972. MERCURY-ADDED THERMOSTAT RECYCLING. A person
4545 who removes a mercury-added thermostat from service shall:
4646 (1) handle the thermostat in accordance with this
4747 subchapter and rules adopted under this subchapter;
4848 (2) take the thermostat to a point of collection with a
4949 collection bin operating in accordance with this subchapter and
5050 rules adopted under this subchapter; and
5151 (3) dispose of the thermostat only by recycling the
5252 thermostat in a manner described by this subchapter.
5353 Sec. 361.973. MANUFACTURER PROGRAMS FOR OUT-OF-SERVICE
5454 MERCURY-ADDED THERMOSTATS. (a) Each manufacturer of mercury-added
5555 thermostats that have been sold in this state shall, individually
5656 or collectively with other manufacturers, establish and maintain a
5757 collection and recycling program for out-of-service mercury-added
5858 thermostats. Each manufacturer, individually or collectively with
5959 other manufacturers, is responsible for collecting, handling,
6060 transporting, and recycling or disposing of out-of-service
6161 mercury-added thermostats through a program in accordance with this
6262 subchapter and rules adopted under this subchapter.
6363 (b) A manufacturer or a group of manufacturers operating a
6464 program collectively may contract with a retailer to provide a
6565 point of collection for out-of-service mercury-added thermostats,
6666 either in the retailer's place of business or elsewhere.
6767 (c) A retailer participating in a manufacturer's program
6868 under this section by providing a point of collection for
6969 out-of-service mercury-added thermostats shall post at the
7070 collection site prominent, easily visible signs that provide
7171 information about the collection and recycling of out-of-service
7272 mercury-added thermostats.
7373 (d) A manufacturer may not sell, offer for sale, or
7474 distribute in this state any thermostats unless the manufacturer
7575 complies with this subchapter and the rules adopted under this
7676 subchapter.
7777 Sec. 361.974. COLLECTION BINS. A manufacturer's program
7878 established under Section 361.973 shall:
7979 (1) provide collection bins for out-of-service
8080 mercury-added thermostat collection to:
8181 (A) wholesalers, at a one-time administrative
8282 fee not to exceed $40; and
8383 (B) a local government that requests a collection
8484 bin for use at a household hazardous waste collection facility or a
8585 household hazardous waste event, at a one-time administrative fee
8686 not to exceed $40; and
8787 (2) arrange for either:
8888 (A) the pickup of the contents of the collection
8989 bins provided pursuant to this section for proper handling and
9090 recycling; or
9191 (B) the payment of the costs of shipping the
9292 collection bins provided under this section for proper handling and
9393 recycling in accordance with the program.
9494 Sec. 361.975. INITIAL PROGRAM EDUCATION AND OUTREACH. (a)
9595 A manufacturer's program established under Section 361.973, in
9696 accordance with commission rules, shall:
9797 (1) establish and provide to the commission the
9898 address of a public Internet website through which visitors can
9999 easily download templates of educational materials;
100100 (2) to encourage greater participation in the proper
101101 management of out-of-service mercury-added thermostats in this
102102 state, undertake to engage other stakeholders, including waste,
103103 demolition, heating, ventilation, and air-conditioning
104104 organizations, and appropriate state agencies;
105105 (3) encourage wholesalers to support and participate
106106 in educating customers on the proper management of out-of-service
107107 mercury-added thermostats; and
108108 (4) encourage retailers to support and participate in
109109 educating consumers on the proper management of out-of-service
110110 mercury-added thermostats.
111111 (b) This section expires January 1, 2014.
112112 Sec. 361.976. EDUCATIONAL AND OUTREACH MATERIALS. (a) A
113113 manufacturer's program established under Section 361.973, in
114114 accordance with commission rules, shall develop, update as
115115 necessary, and make available to participating retailers,
116116 participating wholesalers, and participating household hazardous
117117 waste programs educational and other outreach materials for:
118118 (1) heating, ventilation, and air-conditioning
119119 contractors, demolition contractors, and associations of those
120120 contractors;
121121 (2) local governments that provide household
122122 hazardous waste programs; and
123123 (3) homeowners.
124124 (b) Materials developed and made available under Subsection
125125 (a) must include at least one of the following:
126126 (1) signs designed for prominent, easily visible
127127 display for viewing by consumers and contractors; or
128128 (2) written materials or templates of materials for
129129 reproduction by participating retailers and participating
130130 wholesalers to be provided to the consumer at the time of purchase
131131 or delivery of a thermostat that include information on:
132132 (A) proper management of out-of-service
133133 mercury-added thermostats; and
134134 (B) locations where out-of-service mercury-added
135135 thermostats are collected for proper handling, recycling, or
136136 disposal.
137137 Sec. 361.977. PROGRESS REPORT. (a) On or before April 1 of
138138 each year, a manufacturer, through a program established under
139139 Section 361.973, shall submit to the commission and post on the
140140 program's Internet website a report that includes:
141141 (1) the number of out-of-service mercury-added
142142 thermostats the program collected in this state during the
143143 preceding calendar year;
144144 (2) the estimated total amount of mercury contained in
145145 the out-of-service mercury-added thermostats the program collected
146146 during the preceding calendar year;
147147 (3) an evaluation of the effectiveness of the program;
148148 (4) an accounting of the program's administrative
149149 costs that includes:
150150 (A) for a nonprofit organization's program, a
151151 copy of Internal Revenue Service Form 990; or
152152 (B) for a for-profit organization's program,
153153 independently audited financial statements detailing revenues and
154154 a full accounting of administrative costs incurred;
155155 (5) a description of the outreach strategies employed
156156 to increase participation and collection rates;
157157 (6) examples of outreach and educational materials
158158 used;
159159 (7) names and locations of all participating points of
160160 collection;
161161 (8) the total number of out-of-service mercury-added
162162 thermostats collected;
163163 (9) the Internet website address at which the annual
164164 report may be viewed online;
165165 (10) a description of how the collected out-of-service
166166 mercury-added thermostats were managed; and
167167 (11) beginning with the report due April 1, 2014, a
168168 comparison of collections to the collection goals established under
169169 this section.
170170 (b) With the first progress report due under Subsection (a),
171171 a manufacturer, individually or collectively with other
172172 manufacturers, shall submit to the commission collection goals that
173173 ensure an increase in the number of mercury-added thermostats
174174 collected each year until 2018 or until a time the commission
175175 determines that the number of in-service mercury-added thermostats
176176 is steadily declining as a result of the ban on sales and
177177 installation of mercury-added thermostats.
178178 (c) The commission shall use the progress reports required
179179 by this section to determine whether collection goals are being
180180 met. If collection goals are not met, the commission may require
181181 modifications to a manufacturer's collection plans in an attempt to
182182 improve collection rates.
183183 (d) The manufacturer or group of manufacturers operating a
184184 program shall post the progress report submitted under this section
185185 on a public Internet website.
186186 (e) The commission shall post progress reports submitted
187187 under this section on the commission's Internet website or provide
188188 a link to the public Internet website described by Subsection (d).
189189 (f) The commission by rule shall establish a review
190190 procedure that includes:
191191 (1) notice of the review procedure and timeline,
192192 including notice of the opportunity for public comment to be posted
193193 on the commission's Internet website; and
194194 (2) a period for public comment that extends at least
195195 90 days from the date the commission posts progress reports
196196 submitted under this section.
197197 (g) The commission shall review and consider the progress
198198 reports and the public comments submitted under this section. The
199199 commission shall consider each progress report's consistency with
200200 other thermostat manufacturers' collection programs in this state
201201 and in other states. The commission may consult with thermostat
202202 manufacturers, thermostat wholesalers, thermostat technicians,
203203 thermostat retailers, environmental interest groups, and local
204204 governments to solicit additional comments.
205205 (h) The commission may discontinue the requirement for the
206206 progress report under this section and the requirements of Section
207207 361.976 if the commission finds, based on diminished returns of
208208 thermostats, that additional education and reporting requirements
209209 would result in only a de minimis number of out-of-service
210210 mercury-added thermostats being returned in this state.
211211 Sec. 361.978. COMMISSION'S EDUCATION RESPONSIBILITIES.
212212 (a) The commission may provide outreach to educate consumers
213213 regarding the collection and recycling requirement for
214214 out-of-service mercury-added thermostats.
215215 (b) The commission shall provide a link on the commission's
216216 Internet website for a program operated by a manufacturer or group
217217 of manufacturers by which consumers, contractors, retailers, and
218218 wholesalers are provided information about the recycling of
219219 out-of-service mercury-added thermostats.
220220 Sec. 361.979. THERMOSTAT SALES OR DISTRIBUTION PROHIBITED;
221221 LIST OF NONCOMPLIANT MANUFACTURERS. (a) A person, including a
222222 manufacturer, wholesaler, or retailer, may not sell, offer for
223223 sale, or distribute in this state:
224224 (1) a mercury-added thermostat; or
225225 (2) a thermostat that is produced by a manufacturer
226226 that has been listed on the commission's Internet website as a
227227 noncompliant manufacturer for 120 or more consecutive days.
228228 (b) On January 2 and July 1 of each year, the commission
229229 shall post a list on its Internet website of manufacturers that are
230230 not in compliance with this subchapter.
231231 (c) A wholesaler or retailer that distributes or sells
232232 thermostats shall monitor the commission's Internet website to
233233 determine whether the sale of a manufacturer's thermostat is in
234234 compliance with this subchapter.
235235 Sec. 361.980. THERMOSTAT INSTALLATION PROHIBITED. A person
236236 may not install a mercury-added thermostat.
237237 Sec. 361.981. WHOLESALER DUTY: POINT OF COLLECTION. (a) A
238238 wholesaler may not sell, offer for sale, or distribute in this state
239239 any thermostats unless the wholesaler:
240240 (1) provides at each of its places of business in this
241241 state a point of collection for out-of-service mercury-added
242242 thermostats if the wholesaler conducts business from a physical
243243 location in this state;
244244 (2) participates as a collection site in a
245245 manufacturer's collection program as described under Section
246246 361.973; or
247247 (3) otherwise collects out-of-service mercury-added
248248 thermostats in accordance with applicable state and federal law.
249249 (b) A wholesaler that provides a collection site shall post
250250 at the collection site prominent, easily visible signs that provide
251251 information about the collection and recycling of out-of-service
252252 mercury-added thermostats.
253253 Sec. 361.982. DISTRIBUTION OF INFORMATION ON POINTS OF
254254 COLLECTION. A retailer or wholesaler that distributes new
255255 thermostats by mail to buyers in this state shall include with the
256256 sale of the new thermostat an Internet website address and
257257 toll-free telephone number with instructions on obtaining a prepaid
258258 mail-in label that a consumer may use to send an out-of-service
259259 mercury-added thermostat to a point of collection for mercury-added
260260 thermostats.
261261 Sec. 361.983. WHOLESALER DISTRIBUTION OF EDUCATIONAL AND
262262 OUTREACH MATERIALS. A wholesaler shall distribute the educational
263263 and outreach materials developed and made available under Section
264264 361.976 to its customers.
265265 Sec. 361.984. AIR-CONDITIONING AND REFRIGERATION
266266 CONTRACTOR RESPONSIBILITIES. An air-conditioning and
267267 refrigeration contractor who removes a mercury-added thermostat
268268 shall:
269269 (1) handle the thermostat in accordance with this
270270 subchapter and rules adopted under this subchapter; and
271271 (2) take the thermostat to a point of collection with a
272272 collection bin operating in accordance with this subchapter and
273273 rules adopted under this subchapter.
274274 Sec. 361.985. MANUFACTURERS' COMPLIANCE ASSURANCE. The
275275 commission may require a manufacturer or group of manufacturers
276276 operating a program established under Section 361.973 to revise the
277277 collection and recycling program and to take other necessary
278278 actions to comply with this subchapter.
279279 Sec. 361.986. AIR-CONDITIONING AND REFRIGERATION
280280 CONTRACTOR COMPLIANCE. (a) The commission is responsible for
281281 ensuring compliance with Section 361.984.
282282 (b) The Texas Department of Licensing and Regulation shall
283283 refer to the commission any complaints filed with that department
284284 and any other information obtained by that department against an
285285 air-conditioning and refrigeration contractor related to a
286286 violation of Section 361.984.
287287 Sec. 361.987. COMMISSION REPORT. Not later than August 1 of
288288 each year, the commission shall compile information from progress
289289 reports and comments received under Section 361.977 and issue an
290290 electronic report to the committee in each house of the legislature
291291 that has primary jurisdiction over environmental matters.
292292 Sec. 361.988. DISPOSAL AND TRANSPORTATION REQUIREMENT. (a)
293293 An owner or operator of a solid waste treatment, processing, or
294294 disposal facility is not in violation of this subchapter or a rule
295295 adopted under this subchapter if the owner or operator:
296296 (1) posts in a conspicuous location a sign stating
297297 that mercury-added thermostats are not accepted at the facility and
298298 must be taken to a point of collection; and
299299 (2) notifies in writing at least once each calendar
300300 year until December 31, 2014, each solid waste collector who has
301301 contracted to dispose of waste at the facility that mercury-added
302302 thermostats are not accepted for disposal in a solid waste
303303 treatment, processing, or disposal facility.
304304 (b) A commercial transporter of solid waste who transports
305305 waste to a solid waste treatment, processing, or disposal facility
306306 is not in violation of this subchapter or a rule adopted under this
307307 subchapter if the transporter notifies in writing at least once
308308 each calendar year until December 31, 2014, each person who has
309309 contracted directly with the transporter for the transportation of
310310 solid waste that mercury-added thermostats are not accepted for
311311 disposal in a solid waste treatment, processing, or disposal
312312 facility.
313313 SECTION 2. (a) A manufacturer's program established
314314 individually or collectively under Section 361.973, Health and
315315 Safety Code, as added by this Act, is required to provide collection
316316 bins as provided by Section 361.974, Health and Safety Code, as
317317 added by this Act, only on and after July 1, 2012.
318318 (b) A manufacturer's program established individually or
319319 collectively under Section 361.973, Health and Safety Code, as
320320 added by this Act, is required to perform the duties provided by
321321 Section 361.975, Health and Safety Code, as added by this Act, only
322322 on and after July 1, 2012.
323323 (c) A manufacturer's program established individually or
324324 collectively under Section 361.973, Health and Safety Code, as
325325 added by this Act, is required to develop, update, and make
326326 available educational and outreach materials as provided by Section
327327 361.976, Health and Safety Code, as added by this Act, only on and
328328 after July 1, 2012.
329329 (d) The first progress report required by Section 361.977,
330330 Health and Safety Code, as added by this Act, is due April 1, 2013.
331331 (e) The Texas Commission on Environmental Quality shall
332332 begin posting the commission's list of noncompliant manufacturers
333333 as provided by Section 361.979, Health and Safety Code, as added by
334334 this Act, on July 1, 2012.
335335 (f) The Texas Commission on Environmental Quality shall
336336 issue the first report required by Section 361.987, Health and
337337 Safety Code, as added by this Act, not later than August 1, 2013.
338338 SECTION 3. This Act takes effect September 1, 2011.