TITLE 23

Health and Safety

CHAPTER 23-24.9

Mercury Reduction and Education Act

SECTION 23-24.9-10.2



   § 23-24.9-10.2  Mercury-containing

thermostats. –

(a) Manufacturer responsibility. Each thermostat manufacturer that has

offered for final sale, sold at final sale, or has distributed

mercury-containing thermostats in Rhode Island shall, individually or

collectively:



   (1) No later than November 1, 2010, submit a detailed

description of a collection program for mercury thermostats that meets the

requirements of this section to the department. The department shall have

thirty (30) days from the date of submittal to review and provide comment on

the program. The final program description shall be submitted to the department

no later than December 31, 2010.



   (2) On or after January 1, 2011, make collection containers

available to all qualified contractors, thermostat wholesalers, thermostat

retailers, and local government collections in this state that request a

container. Each thermostat manufacturer shall with each container include

information regarding the proper management of mercury containing thermostats

as universal waste in accordance with the collection program and the

department's rules.



   (3) Establish a system to collect, transport, and properly

manage out-of-service mercury thermostats 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, local government collection, or thermostat retailer that is

provided with one or more collection containers may be charged a one-time

program administration fee not to exceed seventy-five dollars ($75.00) per

collection container.



   (5) From January 1, 2011, through December 31, 2014 conduct

education and outreach efforts including, but not limited to: (i) Promoting the

availability of collection containers to qualified contractors, wholesalers,

thermostat retailers, and units of local government in this state: (ii)

Educating contractors, homeowners and other interested persons on the

importance of properly managing out-of-service mercury thermostats and

opportunities for the collection of those thermostats and the availability of

manufacturer supported program(s): (iii) Providing signage to participating

collection locations that can be prominently displayed to promote the

collection and recycling of out-of-service mercury thermostats to contractors

and consumers; and (iv) Written materials or templates of materials for

reproduction by participating wholesalers and thermostat retailers to be

provided to customers at the time of purchase or delivery of a thermostat.

These materials shall include, but not limited to, information on the

importance of properly managing out-of-service mercury thermostats and

opportunities for the collection of those thermostats.



   (6) For calendar year 2011, collect at least two thousand

(2000) mercury thermostats taken out-of-service in the state during the

calendar year. For calendar year 2012, the goal shall be to collect at least

two thousand two hundred fifty (2,250) mercury thermostats. For calendar year

2013 and 2014, the goal shall be to collect at least two thousand five hundred

(2,500) mercury thermostats taken out-of-service in the state during each

calendar year.



   (7) Beginning in 2012, submit an annual report to the

department by March 1, of each year that includes, at a minimum, all of the

following:



   (i) The number of mercury-containing thermostats collected

and recycled by that manufacturer pursuant to this section during the previous

calendar year;



   (ii) The estimated total amount of mercury contained in the

thermostat components collected by that manufacturer pursuant to this section

in the previous calendar year;



   (iii) An elevation of the effectiveness of the manufacturer's

collection program;



   (iv) An accounting of the administrative costs incurred in

the course of administering the collection and recycling program; and



   (v) A list of locations that participate as collection sites.



   (b) Department responsibilities.



   (1) Collection points. The department shall maintain

and post on their website a list of units of local government, thermostat

retailers and any other locations that are collection points for mercury

thermostats.



   (2) Education outreach. In conjunction with the

educational and outreach programs implemented by manufacturers, the department

shall conduct an education and outreach program directed toward wholesalers,

retailers, contractors, and homeowners to promote the collection of

out-of-service mercury-containing thermostats.



   (3) Rate of collection. For calendar year 2015 through

2020, the collection goals shall be established by the department. The

department shall establish collection goals no later than November 1, 2014. In

developing collection goals, the department 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; (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 department shall consult with stakeholder groups that

include, at minimum, representatives of thermostat manufacturers, environmental

groups, thermostat wholesalers, contractors, and thermostat retailers.



   (4) Modifications to collection programs.

Modifications required by the department may include, but not be limited to,

improvements to outreach and education conducted under the collection program,

expansion of the number of collections sites established under the program, and

modification of the roles of participants. Modifications that may include a

five dollar ($5) 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 may not be considered prior to January

1, 2014. In the event that the department determines that a program shall be

modified, the department shall consult with thermostat manufacturers,

thermostat wholesalers, thermostat retailers, service contractors,

environmental groups and municipalities to develop the revisions to the

program. If the program is modified to include a financial incentive, the

department may exempt local government collections from the financial incentive

provision. Any modifications made to the collection program shall be subject to

the provisions of chapter 42-35, ("The Administrative Procedures Act").



History of Section.

(P.L. 2010, ch. 131, § 2; P.L. 2010, ch. 145, § 2.)