Public Act 099-0122
 
SB0679 EnrolledLRB099 07573 MGM 27701 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Mercury Thermostat Collection Act is amended  
by changing Sections 5, 10, 15, 20, 25, 30, and 40 and by 
adding Section 51 as follows:
 
    (415 ILCS 98/5)
    (Section scheduled to be repealed on January 1, 2021)

    Sec. 5. Legislative findings. The General Assembly finds 
that:
    (1) many older thermostats used to activate heating and 
cooling equipment contain mercury as part of a tilt switch 
component in the thermostat;
    (2) the total amount of mercury used in each of those 
thermostats averages about 4 grams;
    (3) millions of mercury-containing thermostats are still 
in use in homes and businesses in the United States;
    (4) mercury in those thermostats poses a risk to human 
health and the environment if those thermostats are not 
properly managed at the end of their useful life;

    (5) the major thermostat manufacturers have established a 
voluntary program to facilitate the collection and proper 
management of mercury thermostats taken out of service;

    (6) the annual average of mercury-containing thermostats 
collected for recycling in Illinois under the existing 
voluntary collection program from 2006 to 2008 was 4,433;

    (7) thousands of mercury-containing thermostats are taken 
out of service annually in the State;

    (8) it is in the public interest to achieve a significant 
increase in the collection and proper management of mercury 
thermostats taken out of service in the State; .


    (9)   the manufacturers' program collects whole, intact 
mercury thermostats and warns against including loose mercury 
ampoules in collection bins, but participants frequently 
include loose mercury ampoules in collection bins. 
(Source: P.A. 96-1295, eff. 7-26-10.)
 
    (415 ILCS 98/10)
    (Section scheduled to be repealed on January 1, 2021)

    Sec. 10. Definitions. 
    "Agency" means the Illinois Environmental Protection 
Agency.
    "Board" means the Illinois Pollution Control Board.
    "Collection program" means a system for the collection, 
transportation, recycling, and disposal of out-of-service 
mercury thermostats that is financed and managed or provided by 
a thermostat manufacturer individually or collectively with 
other thermostat manufacturers in accordance with this Act.
    "Commercial building" has the meaning ascribed to that term 
in subsection (d) of Section 10.09-1 of the Capital Development 
Board Act. 
    "Contractor" means a person engaged in the business of 
installation, service, or removal of heating, ventilation, and 
air-conditioning components.
    "Loose mercury ampoule" means an enclosed glass vessel that 
contains liquid mercury and has been removed intact from a 
mercury thermostat. 
    "Mercury thermostat" means a thermostat that meets the 
definition of a "mercury thermostat" under subsection (f) of 
Section 22.23b of the Environmental Protection Act.
    "Out-of-service mercury thermostat" means a mercury 
thermostat that is removed, replaced, or otherwise taken out of 
service.
    "Person" means any individual, partnership, 
co-partnership, firm, company, limited liability company, 
corporation, association, joint stock company, trust, estate, 
political subdivision, State agency, or any other legal entity, 
or its legal representatives, agents, or assigns.
    "Qualified contractor" means a person engaged in the 
business of installation, service, or removal of heating, 
ventilation, and air-conditioning components who employs 7 or 
more service technicians or installers or who is located in an 
area outside of an urban area, as defined by the United States 
Bureau of the Census.
    "Qualified local government authorities" means household 
hazardous waste facilities, solid waste management agencies, 
environmental management agencies, or departments of public 
health.
    "Thermostat manufacturer" means a person who owns or owned 
a name brand of one or more mercury thermostats sold in the 
State.
    "Thermostat retailer" means a person who sells thermostats 
of any kind primarily to homeowners or other nonprofessionals 
through any sale or distribution mechanism, including, but not 
limited to, sales using the Internet or catalogs. A thermostat 
retailer that meets the definition of thermostat wholesaler 
shall be considered a thermostat wholesaler.
    "Thermostat wholesaler" means a person who is engaged in 
the distribution and wholesale selling of heating, 
ventilation, and air-conditioning components, including, but 
not limited to, thermostats, to contractors, and whose total 
wholesale sales account for 80% or more of its total sales. A 
thermostat manufacturer, as defined in this Section, is not a 
thermostat wholesaler.

(Source: P.A. 96-1295, eff. 7-26-10.)
 
    (415 ILCS 98/15)
    (Section scheduled to be repealed on January 1, 2021)

    Sec. 15. Mercury thermostat collection programs. 
    (a) Each thermostat manufacturer shall, individually or 
collectively with other thermostat manufacturers, establish 
and maintain a collection program for the collection, 
transportation, and proper management of out-of-service 
mercury thermostats and loose mercury ampoules in accordance 
with the provisions of this Act.

    (b) Each thermostat manufacturer shall, individually or 
collectively with other thermostat manufacturers through a 
collection program, do the following:

        (1) Compile On and after January 1, 2011, compile a 
    list of thermostat wholesalers in the State and offer each 
    thermostat wholesaler containers for the collection of 
    out-of-service mercury thermostats.

        (2) Make On and after January 1, 2011, make collection 
    containers available to all qualified contractors, 
    thermostat wholesalers, thermostat retailers, and 
    qualified local government authorities in this State that 
    request a container.  Each thermostat manufacturer shall 
    with each container include information regarding the 
    proper management of out-of-service mercury thermostats 
    and loose mercury ampoules as universal waste in accordance 
    with the collection program and Board's rules.

        (3) Establish a system to collect, transport, and 
    properly manage out-of-service mercury thermostats and 
    loose mercury ampoules from all collection sites 
    established under this Section.  
        (4) Not include any fees or other charges to persons 
    participating in the program, except that each thermostat 
    wholesaler, qualified contractor, qualified local 
    government authority, or thermostat retailer that is 
    provided with one or more collection containers may be 
    charged a one-time program administration fee not to exceed 
    $75 per collection container.

        (5) From January 1, 2011, through December 31, 2013, 
    conduct education and outreach efforts, including, but not 
    limited to the following:

            (A) create a public service announcement promoting 
        collection and proper management of out-of-service 
        mercury thermostats, copies of which shall be provided 
        to the Agency;

            (B) establish and maintain a publicly accessible 
        website for the dissemination of educational materials 
        to promote the collection of out-of-service mercury 
        thermostats.  This website shall include templates of 
        the educational materials on the Internet website in a 
        form and format that can be easily downloaded and 
        printed. The link to this website shall be provided to 
        the Agency;

            (C) contact thermostat wholesalers at least once a 
        year to encourage their support and participation in 
        educating their customers on the importance of and 
        statutory requirements for the collection and proper 
        management of out-of-service mercury thermostats;

            (D) develop and implement strategies to encourage 
        participating thermostat retailers to educate their 
        customers on the importance of and opportunities for 
        collecting and recycling out-of-service mercury 
        thermostats;

            (E) create and maintain a web-based program that 
        allows contractors and consumers to identify 
        collection sites for out-of-service mercury 
        thermostats by zip code in the State;

            (F) prepare and mail to contractor associations a 
        postcard or other notice that provides information on 
        the collection program for out-of-service mercury 
        thermostats; and

            (G) develop informational articles, press 
        releases, and news stories pertaining to the 
        importance of and opportunities for collecting and 
        recycling out-of-service mercury thermostats and 
        distribute those materials to trade publications, 
        local media, and stakeholder groups.

        (6) Develop On or before January 1, 2011, develop and 
    update as necessary educational and other outreach 
    materials for distribution to contractors, contractor 
    associations, and consumers. Those materials shall be made 
    available for use by participating thermostat wholesalers, 
    thermostat retailers, contractors, and qualified local 
    government authorities. The materials shall include, but 
    not be limited to, the following:
            (A) signage, such as posters and cling signage, 
        that can be prominently displayed to promote the 
        collection of out-of-service mercury thermostats to 
        contractors and consumers; and

            (B) written materials or templates of materials 
        for reproduction by thermostat wholesalers and 
        thermostat retailers to be provided to customers at the 
        time of purchase or delivery of a thermostat.  The 
        materials shall include, but not be limited to, 
        information on the importance of properly managing 
        out-of-service mercury thermostats and opportunities 
        for the collection of those thermostats.

        (7) Provide an opportunity for the Agency and other 
    interested stakeholders to offer feedback and suggestions 
    on the collection program.
    (c) If the collection programs do not collectively achieve 
the collection goals provided for in Section 25 of this Act for 
calendar year 2013, 2015 or 2017, thermostat manufacturers 
shall, individually or collectively, submit to the Agency for 
review and approval proposed revisions to the collection 
programs that are designed to achieve the goals in subsequent 
calendar years.  The proposed revisions shall be submitted to 
the Agency with the annual report required in Section 20 of 
this Act.
    (d) Within 90 days after receipt of the proposed collection 
program revisions required under subsection (c) of this 
Section, the Agency shall review and (i) approve, (ii) 
disapprove, or (iii) approve with modifications the proposed 
collection program revisions.
        (1) The Agency shall approve proposed revisions if the 
    Agency determines that the revised collection programs 
    will  collectively achieve the collection goals set forth in 
    Section 25 of this Act.

        (2) If the Agency determines the revised collection 
    programs will not collectively achieve the collection 
    goals set forth in Section 25 of this Act, the Agency may 
    require modifications to one or more collection programs 
    that the Agency determines are necessary to achieve the 
    collection goals.  Modifications required by the Agency may 
    include improvements to outreach and education conducted 
    under the collection program, expansion of the number and 
    location of collection sites established under the 
    program, modification of the roles of participants,  and a 
    $5 financial incentive in the form of either cash or a 
    coupon offered by the manufacturer to contractors and 
    consumers for each out-of-service mercury thermostat 
    returned to a collection site.

        (3) Prior to issuing any decision under this subsection 
    (d) the Agency shall consult with thermostat manufacturers 
    and other interested groups.

        (4)  Thermostat manufacturers shall begin the process 
    to implement collection program revisions approved by the 
    Agency, with or without modifications, within 90 days after 
    approval.

        (5)  If the program revisions are disapproved, the 
    Agency shall notify the thermostat manufacturers in 
    writing as to the reasons for the disapproval.  The 
    thermostat manufacturers shall have 35 days to submit a new 
    collection program revision.

        (6)  Any action by the Agency to disapprove or modify 
    proposed collection program revisions under this 
    subsection (d) shall be subject to appeal to the Board in 
    the same manner as provided for a permit decision under 
    Section 40 of the Environmental Protection Act.


(Source: P.A. 96-1295, eff. 7-26-10.)
 
    (415 ILCS 98/20)
    (Section scheduled to be repealed on January 1, 2021)

    Sec. 20. Reporting on collection efforts. 
    (a) No later than September 1, 2011, and no later than 
September 1 of each year thereafter, each thermostat 
manufacturer shall, individually or collectively with other 
thermostat manufacturers, submit a mid-term report on its 
collection program to the Agency covering the six-month period 
beginning on January 1st of the year in which the report is 
due. The mid-term report shall identify the number of 
out-of-service mercury thermostats and the number of loose 
mercury ampoules collected under the program and a listing of 
all collection sites in the State.

    (b) No later than April 1, 2012, and no later than April 1 
of each year thereafter, each thermostat manufacturer shall, 
individually or collectively with other thermostat 
manufacturers, submit an annual report on its collection 
program to the Agency covering the one-year period ending 
December 31st of the previous year. Each report shall be posted 
on the manufacturer's or program operator's respective 
internet website. The annual report shall include, but not be 
limited to, the following:

        (1) the number of out-of-service mercury thermostats 
    collected and managed under this Act during the previous 
    calendar year;

        (1.1)   for the annual report due on April 1, 2016, and 
    for each annual report due thereafter, the number of loose 
    mercury ampoules collected and managed under this Act 
    during the previous calendar year; 
        (2) the estimated total amount of mercury contained in 
    the out-of-service mercury thermostats collected under 
    this Act during the previous calendar year;

        (2.1)   for the annual report due on April 1, 2016, and 
    for each annual report due thereafter, the estimated total 
    amount of mercury contained in the loose mercury ampoules 
    collected under this Act during the previous calendar year; 
        (3) an evaluation of the effectiveness of the 
    collection program;

        (4) a list of all thermostat wholesalers, contractors, 
    qualified local government authorities, and thermostat 
    retailers participating in the program as mercury 
    thermostat collection sites and the number of 
    out-of-service mercury thermostats returned by each;

        (5) an accounting of the program's administrative 
    costs;

        (6) a description of outreach strategies employed 
    under item (5) of subsection (b) of Section 15 of this Act;

        (7) examples of outreach and educational materials 
    used under item (6) of subsection (b) of Section 15 of this 
    Act;

        (8) the Internet website address or addresses where the 
    annual report may be viewed online;

        (9) a description of how the out-of-service mercury 
    thermostats and loose mercury ampoules were managed;

        (10) any modifications that the thermostat 
    manufacturer has made or is planning to make in its 
    collection program; and

        (11) the identification of a collection program 
    contact and the business phone number, mailing address, and 
    e-mail address for the contact.


(Source: P.A. 96-1295, eff. 7-26-10.)
 
    (415 ILCS 98/25)
    (Section scheduled to be repealed on January 1, 2021)

    Sec. 25. Collection goals. The collection programs 
established by thermostat manufacturers under this Act shall be 
designed to collectively achieve the following statewide 
goals:
    (a) For calendar year 2011, the collection of least 5,000 
mercury thermostats taken out of service in the State during 
the calendar year.

    (b) For calendar years 2012, 2013, and 2014, the collection 
of at least 15,000 mercury thermostats taken out of service in 
the State during each calendar year.

    (c) For calendar years 2015 through 2020, the collection 
goals shall be established by the Agency.  The Agency shall 
establish collection goals no later than November 1, 2014.  The 
collection goals established by the Agency shall maximize the 
annual collection of out-of-service mercury thermostats in the 
State.  In developing the collection goals, the Agency shall 
take into account, at a minimum, (i) the effectiveness of 
collection programs for out-of-service mercury thermostats in 
the State and other states, including education and outreach 
efforts, (ii) collection requirements in other states, (iii) 
any reports or studies on the number of out-of-service mercury 
thermostats that are available for collection in this State, 
other states, and nationally, and (iv) other factors.  Prior to 
establishing the collection goals, the Agency shall consult 
with stakeholder groups that include, at a minimum, 
representatives of thermostat manufacturers, environmental 
groups, thermostat wholesalers, contractors, and thermostat 
retailers.
    (d) The collection goals established by the Agency under 
subsection (c) of this Section are statements of general 
applicability under Section 1-70 of the Illinois 
Administrative Procedure Act and shall be adopted in accordance 
with the procedures of that Act.  Any person adversely affected 
by a goal established by the Agency under subsection (c) of 
this Section may obtain a determination of the validity or 
application of the goal by filing a petition for review within 
35 days after the date the adopted goal is published in the 
Illinois Register pursuant to subsection (d) of Section 40 of 
the Illinois Administrative Procedure Act.  Review shall be 
afforded directly in the Appellate Court for the District in 
which the cause of action arose and not the Circuit Court.  
During the pendency of the review, the goal under review shall 
remain in effect.

    (e)   For the purposes of determining compliance with the 
collection goals established under this Section, for calendar 
year 2015 and for each calendar year thereafter, the number of 
out-of-service mercury thermostats represented by loose 
ampoules shall be calculated:
        (1)   using a conversion factor such that each loose 
    mercury ampoule collected shall be deemed the equivalent of 
    0.85 mercury thermostats; or
        (2)   using an alternative conversion factor determined 
    by the manufacturer or group of manufacturers.
    A manufacturer or group of manufacturers shall include data 
and calculations to support its use of an alternative 
conversion factor. 
(Source: P.A. 96-1295, eff. 7-26-10; 97-333, eff. 8-12-11.)
 
    (415 ILCS 98/30)
    (Section scheduled to be repealed on January 1, 2021)

    Sec. 30. Management of out-of-service mercury thermostats 
and loose mercury ampoules. All contractors, thermostat 
wholesalers, thermostat manufacturers, and thermostat 
retailers participating in the program shall handle and manage 
the out-of-service mercury thermostats and loose mercury 
ampoules in a manner that is consistent with the provisions of 
the universal waste regulations adopted by the Board.

(Source: P.A. 96-1295, eff. 7-26-10.)
 
    (415 ILCS 98/40)
    (Section scheduled to be repealed on January 1, 2021)

    Sec. 40. Agency responsibilities. 
    (a) The No later than June 1, 2011, the Agency shall 
maintain on its website information regarding the collection 
and proper management of out-of-service mercury thermostats 
and loose mercury ampoules in the State. The information shall 
include, but is not limited to, the following:
        (1) a description of the collection programs 
    established under this Act;

        (2) a report on the progress towards achieving the 
    statewide collection goals set forth in Section 25 of this 
    Act; and

        (3) a list of all thermostat wholesalers, contractors, 
    qualified local government authorities, and thermostat 
    retailers participating in the program as collection 
    sites.

    (b) No later than November 1, 2019, the Agency shall submit 
a written report to the Governor and General Assembly regarding 
the effectiveness of the collection programs established under 
this Act, information on the number of out-of-service 
thermostats and loose mercury ampoules collected, how the 
out-of-service thermostats and loose mercury ampoules were 
managed, and an estimate of the number of thermostats that are 
available for collection.  The Agency shall use this information 
to recommend whether the sunset date specified in Section 55 
for this Act should be extended, along with any other statutory 
changes.  In preparing the report, the Agency shall consult with 
mercury thermostat manufacturers, environmental organizations, 
and other interest groups.

    (c) In conjunction with the educational and outreach 
programs implemented by the thermostat manufacturers under 
this Act, the Agency shall conduct outreach to promote the 
collection and proper management of out-of-service mercury 
thermostats and loose mercury ampoules.


(Source: P.A. 96-1295, eff. 7-26-10.)
 
    (415 ILCS 98/51 new)
    Sec. 51. Removal of mercury thermostats from commercial 
buildings prior to demolition. Beginning January 1, 2016, no 
person shall demolish a commercial building unless (i) all 
mercury thermostats have been removed from the building and 
(ii) the person who removed the thermostats from the building 
has arranged for them to be delivered to a collection site 
established under this Act.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.