General Assembly: 82 (2008 Regular GA) - Chapter 1168 - Mercury-added thermostat collection and recycling


Published: 2008-05-12

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677 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1168

CH. 1168CH. 1168

CHAPTER 1168 MERCURY-ADDED THERMOSTAT COLLECTION AND RECYCLING

H.F. 2669

AN ACT relating to the collection and recycling of mercury-added thermostats.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 455D.31 MERCURY — THERMOSTATS. 1. As used in this section, unless the context otherwise requires: a. “Manufacturer” means any person, firm, association, partnership, corporation, govern-

mental entity, organization, combination, or joint venture that owns or owned the brand name of the thermostat. b. “Mercury-added thermostat” means a product or device that uses a mercury switch to

sense and control room temperature through communicationwith heating, ventilating, or air- conditioning equipment. “Mercury-added thermostat” includes thermostats used to sense and control room temperature in residential, commercial, industrial, and other buildings but does not include thermostats used to sense and control temperature as part of amanufacturing pro- cess. c. “Thermostat retailer”means a personwho sells thermostats of any kind directly to home-

owners or other nonprofessionals through any selling or distribution mechanism, including but not limited to sales using the internet or catalogues. A thermostat retailer may also be a thermostat wholesaler if it meets the definition of thermostat wholesaler. d. “Thermostat wholesaler” means a person who is engaged in the distribution and whole-

sale selling of large quantities of heating, ventilation, and air-conditioning components, in- cluding thermostats, to contractorswho install heating, ventilation, and air-conditioning com- ponents, including thermostats. 2. Beginning July 1, 2009, a person shall not sell, offer for sale, or install a mercury-added

thermostat in this state. 3. Beginning April 1, 2009, except as otherwise provided, a person who generates a dis-

carded mercury-added thermostat shall manage the mercury-added thermostat as a hazard- ous waste or universal hazardous waste, according to all applicable state and federal regula- tions. A contractorwho replaces or removesmercury-added thermostats shall assure that any discardedmercury-added thermostat is subject to proper separation andmanagement as haz- ardouswaste or universal hazardouswaste. A contractorwho replaces amercury-added ther- mostat in a residence shall deliver the mercury-added thermostat to an appropriate collection location for recycling. 4. Each thermostat manufacturer that has offered for final sale, sold at final sale, or distrib-

uted mercury-added thermostats in the state shall individually, or in conjunction with other thermostat manufacturers, do all of the following: a. Not later than October 1, 2008, submit a plan to the department for approval describing

a collection program formercury-added thermostats. The programcontained in the plan shall ensure that all the following take place: (1) That an education and outreach program is developed. The program shall be directed

toward thermostat wholesalers, thermostat retailers, contractors, and homeowners and en- sure a maximum rate of collection of mercury-added thermostats. There shall not be a cost to thermostat wholesalers or thermostat retailers for education and outreach materials. (2) That handling and recycling of mercury-added thermostats are accomplished in aman-

ner that is consistent with the provisions of the universal waste rules. (3) That containers for mercury-added thermostat collection are provided to all thermostat

wholesalers. The cost to thermostat wholesalers for such containers shall be limited to an ini- tial, reasonable, one-time fee per container as specified in the plan.

678LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1168

(4) That collection points will be established to serve homeowners. The collection points shall include but are not limited to regional collection centers permitted under 567 IAC 123. Collection points may include but are not limited to thermostat retailers. (5) That collection systems are provided to all collection points. Collection systemsmay in-

clude individual product mail back or multiple collection containers. The costs of collection shall not be passed on to a collection point. The costs to a collection point shall be limited to an initial, reasonable, one-time fee per container as specified in the plan. b. Not later than April 1, 2009, implement a mercury-added thermostat collection plan ap-

proved by the department. c. Beginning in 2010, submit an annual report to the department by April 1 of each year that

includes, at a minimum, all of the following: (1) Thenumber ofmercury-added thermostats collected and recycled by thatmanufacturer

during the previous calendar year. (2) The estimated total amount ofmercury contained in the thermostat components collect-

ed by that manufacturer during the previous calendar year. (3) A list of all participating thermostat wholesalers and all collection points for homeown-

ers. (4) An evaluation of the effectiveness of the manufacturer’s collection program. (5) An accounting of the administrative costs incurred in the course of administering the

collection and recycling program. 5. a. By April 1, 2009, a thermostat wholesaler shall do both of the following: (1) Act as a collection site for mercury-added thermostats. (2) Promote and utilize the collection containers provided by thermostat manufacturers to

facilitate a contractor collection program. b. By April 1, 2009, a thermostat retailer shall participate in an education and outreach pro-

gram to educate consumers on the collection program for mercury-added thermostats. 6. Beginning April 1, 2009, all of the following sales prohibitions shall apply to thermostat

manufacturers, thermostat wholesalers, and thermostat retailers: a. A thermostat manufacturer not in compliance with this section is prohibited from offer-

ing any thermostat for final sale in the state. A thermostat manufacturer not in compliance with this section shall provide thenecessary support to thermostatwholesalers and thermostat retailers to ensure the manufacturer’s thermostats are not offered for final sale. b. A thermostatwholesaler or thermostat retailer shall not offer for final sale any thermostat

of a manufacturer that is not in compliance with this section. 7. The department shall do all of the following: a. Review and grant approval of, deny, or approve with modifications a manufacturer plan

required under this section. The department shall not approve a plan unless all elements of subsection 4, paragraph “a”, are adequately addressed and the program outlined in the plan will assure a maximum rate of collection of mercury-added thermostats. In reviewing a plan the department may consider consistency of the plan with collection requirements in other states and consider consistency between thermostatmanufacturer collection programs. In re- viewing plans, the agency shall ensure that education and outreach programs are uniformand consistent to ensure ease of implementation by thermostat wholesalers and thermostat retail- ers. b. The department shall establish a process for public review and comment on all plans sub-

mitted by thermostatmanufacturers prior to plan approval. Thedepartment shall consultwith interested persons, including representatives of thermostat manufacturers, environmental groups, thermostat wholesalers, thermostat retailers, contractors, and local government. c. By January 15, 2010, and annually thereafter, the department shall submit a written re-

port to the general assembly regarding the collection and recycling ofmercury-added thermo- stats in the state. The first report submitted shall include recommendations for any statutory changes concerning the collection and recycling of mercury-added thermostats. Subsequent reports shall include an evaluation of the effectiveness of the mercury-added thermostat col- lection and recycling programs, information on actual collection rates, and recommendations

679 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1169

for any statutory changes concerning the collection and recycling of mercury-added thermo- stats. 8. The goal of the collection and recycling efforts under this section is to collect and recycle

as many mercury-added thermostats as reasonably practicable. By January 1, 2009, the de- partment shall determine collection goals for the program in consultationwith interested per- sons, including the national electrical manufacturers association and representatives of ther- mostat manufacturers, thermostat wholesalers, thermostat retailers, contractors, environ- mental groups, and local government. If collection efforts fail to meet the collection goals de- scribed in this subsection, the department shall, in consultation with the national electrical manufacturers association and other interested persons, consider modifications to collection programs in an attempt to improve collection rates in accordance with these goals.

Approved May 12, 2008

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CH. 1169CH. 1169

CHAPTER 1169 RENEWABLE FUELS — MISCELLANEOUS CHANGES

H.F. 2689

AN ACT relating to renewable fuel, including by providing for infrastructure associated with storing, blending, and dispensing renewable fuel, providing for tax credits, providing for the purchase of renewable fuels by governmental entities, providing for renewable fuel marketing efforts, and providing for effective dates and applicability.

Be It Enacted by the General Assembly of the State of Iowa:

DIVISION I RENEWABLE FUEL INFRASTRUCTURE

Section 1. Section 15G.201, subsection 1, Code 2007, is amended to read as follows: 1. “Biodiesel”, “biodiesel blended fuel”, “biodiesel fuel”, “E-85gasoline”, “ethanol”, “ethanol

blended gasoline”, “gasoline”, “motor fuel”, “motor fuel pump”, “retail dealer”, and “retail mo- tor fuel site” mean the same as defined in section 214A.1.

Sec. 2. Section 15G.201, Code 2007, is amended by adding the following new subsections: NEW SUBSECTION. 4A. “Motor fuel pump” and “motor fuel blender pump” or “blender

pump” mean the same as defined in section 214.1. NEW SUBSECTION. 5A. “Tank vehicle” means the same as defined in section 321.1.

Sec. 3. NEW SECTION. 15G.201A CLASSIFICATION OF RENEWABLE FUEL. For purposes of this division,1 ethanol blended fuel and biodiesel fuel shall be classified in

the same manner as provided in section 214A.2.

Sec. 4. Section 15G.203, unnumbered paragraph 1, Code Supplement 2007, is amended to read as follows: A renewable fuel infrastructure program for retail motor fuel sites is established in the de-

partment under the direction of the renewable fuel infrastructure board created pursuant to section 15G.202.

___________________ 1 According to enrolled Act; the word “subchapter” probably intended