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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a program for the collection, |
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transportation, recycling, and disposal of mercury-added |
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thermostats. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 361, Health and Safety Code, is amended |
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by adding Subchapter Z to read as follows: |
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SUBCHAPTER Z. MERCURY-ADDED THERMOSTAT COLLECTION PROGRAM |
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Sec. 361.971. DEFINITIONS. In this subchapter: |
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(1) "Manufacturer" means a business concern that owns |
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or owned a name brand of mercury-added thermostats sold in this |
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state. |
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(2) "Mercury-added thermostat" means a thermostat |
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that uses a mercury switch to sense and control room temperature. |
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(3) "Out-of-service mercury-added thermostat" means a |
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mercury-added thermostat that is removed from a building in this |
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state and is intended to be discarded. |
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(4) "Retailer" means a person who sells thermostats |
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directly to a consumer through a selling or distribution mechanism, |
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including a sale using a catalog or the Internet. |
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(5) "Thermostat" means a device that uses a switch to |
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sense and control room temperature in a residential, commercial, |
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industrial, or other building through communication with heating, |
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ventilating, or air-conditioning equipment. The term does not |
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include a thermostat used to sense and control temperature as part |
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of a manufacturing process. |
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(6) "Wholesaler" means a person engaged in the |
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distribution and wholesale selling of heating, ventilation, and |
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air-conditioning components to contractors who install heating, |
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ventilation, and air-conditioning components and whose total |
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wholesale sales account for 80 percent or more of total sales. The |
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term does not include a manufacturer. |
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Sec. 361.972. MANUFACTURER PROGRAMS FOR OUT-OF-SERVICE |
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MERCURY-ADDED THERMOSTATS. (a) A manufacturer shall establish, |
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finance, manage, and maintain a program for the collection, |
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transportation, recycling, and disposal of out-of-service |
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mercury-added thermostats in accordance with this subchapter, |
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either individually or collectively with other manufacturers. Each |
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manufacturer is responsible for collecting, handling, |
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transporting, and recycling or disposing of out-of-service |
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mercury-added thermostats through a program in accordance with this |
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subchapter and rules adopted under this subchapter. |
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(b) A manufacturer or a group of manufacturers operating a |
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program collectively may contract with a retailer to provide a |
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point of collection for out-of-service mercury-added thermostats, |
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either in the retailer's place of business or elsewhere. |
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Sec. 361.973. COLLECTION BINS. A manufacturer's program |
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established under Section 361.972 shall: |
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(1) provide collection bins for out-of-service |
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mercury-added thermostat collection to: |
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(A) wholesalers, at a cost not to exceed $25; and |
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(B) a local government that requests a collection |
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bin for use at a household hazardous waste collection facility or a |
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household hazardous waste event, at no cost to the local |
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government; and |
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(2) arrange to: |
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(A) collect the contents of the collection bins |
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provided under this section for proper handling, recycling, or |
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disposal; or |
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(B) pay the costs of shipping the contents of the |
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collection bins provided under this section for proper handling, |
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recycling, or disposal. |
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Sec. 361.974. PROGRAM EDUCATION AND OUTREACH. (a) A |
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manufacturer's program established under Section 361.972, in |
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accordance with commission rules, shall: |
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(1) make a public service announcement promoting the |
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proper management of out-of-service mercury-added thermostats and |
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provide copies of the announcement to the commission for its use and |
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promotion; |
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(2) establish and provide to the commission the |
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address of a public Internet website through which visitors can |
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easily download templates of educational materials; |
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(3) to encourage greater participation in the proper |
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management of out-of-service mercury-added thermostats throughout |
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this state, undertake to engage other stakeholders, including |
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waste, demolition, heating, ventilation, and air-conditioning |
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organizations, and appropriate state agencies and local |
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governments; |
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(4) work with utilities in this state that are |
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participating in demand response programs involving thermostat |
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replacement to encourage the utilities' participation in the |
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collection and proper management of out-of-service mercury-added |
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thermostats; |
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(5) encourage utilities to include an educational |
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insert in customers' utility bills; |
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(6) encourage wholesalers to support and participate |
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in educating customers on the proper management of out-of-service |
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mercury-added thermostats; |
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(7) encourage retailers' support and participation in |
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educating consumers on the proper management of out-of-service |
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mercury-added thermostats; and |
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(8) undertake other educational or outreach efforts |
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required by commission rule. |
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(b) This section expires January 1, 2013. |
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Sec. 361.975. EDUCATIONAL AND OUTREACH MATERIALS. (a) A |
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manufacturer's program established under Section 361.972, in |
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accordance with commission rules, shall develop, update as |
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necessary, and make available to retailers, wholesalers, and |
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household hazardous waste programs educational and other outreach |
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materials for: |
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(1) heating, ventilation, and air-conditioning |
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contractors, demolition contractors, and associations of those |
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contractors; |
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(2) utilities and local governments that provide |
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utility services or household hazardous waste programs; and |
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(3) homeowners. |
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(b) Materials developed and made available under Subsection |
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(a) must include at least one of the following: |
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(1) signs designed for prominent, easily visible |
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display for viewing by consumers and contractors; |
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(2) written materials and templates of materials for |
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reproduction by retailers and wholesalers to be provided to the |
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consumer at the time of purchase or delivery of a thermostat that |
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include information on: |
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(A) prohibited methods of disposing of |
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mercury-added thermostats; |
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(B) proper management of out-of-service |
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mercury-added thermostats; and |
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(C) locations where out-of-service mercury-added |
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thermostats are collected for proper handling, recycling, or |
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disposal; |
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(3) advertising or promotional materials that inform |
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about out-of-service mercury-added thermostat collection |
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opportunities; or |
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(4) materials to be used in direct communications with |
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the consumer and contractor at the time a mercury-added thermostat |
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is purchased. |
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Sec. 361.976. COLLECTION INCENTIVES AND EDUCATION. A |
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manufacturer's program established under Section 361.972 shall |
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provide incentives and education to contractors, service |
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technicians, and homeowners to encourage the return of |
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out-of-service mercury-added thermostats to established points of |
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collection. |
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Sec. 361.977. PROGRAMMABLE REPLACEMENT THERMOSTATS. A |
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manufacturer's program established under Section 361.972 shall |
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encourage the purchase of programmable thermostats that comply with |
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applicable building codes and that qualify for the Energy Star |
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program of the United States Environmental Protection Agency as |
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replacements for mercury-added thermostats. |
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Sec. 361.978. PROGRESS REPORT. On or before April 1 of each |
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year, a manufacturer, through a program established under Section |
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361.972, shall submit to the commission and post on the program's |
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Internet website a report that includes: |
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(1) the number of out-of-service mercury-added |
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thermostats the program collected in this state during the |
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preceding calendar year; |
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(2) the estimated total amount of mercury contained in |
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the out-of-service mercury-added thermostats the program collected |
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during the preceding calendar year; |
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(3) an evaluation of the effectiveness of the program; |
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(4) beginning with the report due April 1, 2014, a |
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comparison to the performance standards for collection established |
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under Section 361.986; |
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(5) an accounting of the program's administrative |
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costs that includes: |
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(A) for a nonprofit organization's program, a |
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copy of Internal Revenue Service Form 990; or |
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(B) for a for-profit organization's program, |
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independently audited financial statements detailing revenues and |
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a full accounting of administrative costs incurred; |
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(6) a description of the outreach strategies employed |
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to increase participation and collection rates; |
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(7) examples of outreach and educational materials |
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used; |
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(8) names and locations of all participating points of |
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collection; |
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(9) the number of out-of-service mercury-added |
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thermostats collected at each point of collection; |
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(10) the Internet website address at which the annual |
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report may be viewed online; |
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(11) a description of how the collected out-of-service |
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mercury-added thermostats were managed; and |
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(12) modifications that the manufacturer is proposing |
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to make in its collection and recycling program. |
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Sec. 361.979. THERMOSTAT SALES PROHIBITED; LIST OF |
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NONCOMPLIANT MANUFACTURERS. (a) A person may not sell or offer for |
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sale in this state a thermostat that is produced by a manufacturer |
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that has been listed on the commission's Internet website as a |
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noncompliant manufacturer for 120 or more consecutive days. |
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(b) On January 1 and July 1 of each year, the commission |
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shall post a list on its Internet website of manufacturers that are |
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not in compliance with this subchapter. |
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(c) A wholesaler or retailer that distributes or sells |
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mercury-added thermostats shall monitor the commission's Internet |
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website to determine whether the sale of a manufacturer's |
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thermostats is in compliance with this subchapter. |
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Sec. 361.980. WHOLESALER DUTY: POINT OF COLLECTION. A |
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wholesaler that conducts business from a physical location in this |
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state shall provide at each of its places of business in this state |
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a point of collection for out-of-service mercury-added |
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thermostats. |
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Sec. 361.981. DISTRIBUTION OF INFORMATION ON POINTS OF |
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COLLECTION. A retailer or wholesaler that distributes new |
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thermostats by mail to buyers in this state shall include with the |
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sale of the new thermostat an Internet website address and |
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toll-free telephone number with instructions on obtaining a prepaid |
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mail-in label that a consumer may use to send an out-of-service |
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mercury-added thermostat to a point of collection for mercury-added |
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thermostats. |
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Sec. 361.982. WHOLESALER DISTRIBUTION OF EDUCATIONAL AND |
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OUTREACH MATERIALS. A wholesaler shall distribute the educational |
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and outreach materials developed and made available under Section |
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361.975 to its customers. |
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Sec. 361.983. CONTRACTOR RESPONSIBILITIES. A contractor |
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who installs heating, ventilation, and air-conditioning components |
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and who removes a mercury-added thermostat shall handle the |
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thermostat in accordance with rules adopted under this subchapter |
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and take the thermostat to a point of collection with a collection |
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bin operating in accordance with those rules. |
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Sec. 361.984. RESPONSIBILITIES OF PERSON WHO DEMOLISHES |
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BUILDING. A person who demolishes a building shall remove any |
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mercury-added thermostats from the building before demolition in |
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accordance with all applicable rules adopted under this subchapter |
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and take the thermostats to a point of collection that is authorized |
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to collect out-of-service mercury-added thermostats. |
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Sec. 361.985. COMMISSION ORDER. The commission may order a |
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manufacturer or group of manufacturers operating a program to |
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revise the program and to take other necessary actions to comply |
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with this subchapter. |
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Sec. 361.986. COMMISSION PERFORMANCE STANDARDS. The |
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commission by rule shall: |
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(1) develop performance standards that specify |
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collection rates expressed as a percentage of out-of-service |
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mercury-added thermostats becoming waste annually; and |
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(2) establish a methodology to estimate the number of |
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out-of-service mercury-added thermostats becoming waste annually. |
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Sec. 361.987. SURVEY REGARDING MERCURY-ADDED THERMOSTATS |
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THAT BECOME WASTE. (a) Not later than March 1, 2010, a manufacturer |
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or group of manufacturers operating a program shall present to the |
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commission a survey plan and methodology for a survey to provide |
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statistically valid data on the number of mercury-added thermostats |
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made by the manufacturer or group of manufacturers that become |
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waste annually in this state. |
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(b) The manufacturer or group of manufacturers shall |
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complete the survey not later than December 1, 2010, and shall |
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present all of the survey information to the commission not later |
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than December 31, 2010. |
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(c) This section expires January 1, 2011. |
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SECTION 2. (a) A manufacturer's program established under |
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Section 361.972, Health and Safety Code, as added by this Act, is |
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required to provide collection bins as provided by Section 361.973, |
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Health and Safety Code, as added by this Act, only on and after July |
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1, 2010. |
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(b) A manufacturer's program established under Section |
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361.972, Health and Safety Code, as added by this Act, is required |
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to perform the duties provided by Section 361.974, Health and |
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Safety Code, as added by this Act, only on and after July 1, 2010. |
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(c) A manufacturer's program established under Section |
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361.972, Health and Safety Code, as added by this Act, is required |
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to develop, update, and make available educational and outreach |
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materials as provided by Section 361.975, Health and Safety Code, |
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as added by this Act, only on and after July 1, 2010. |
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(d) The first progress report required by Section 361.978, |
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Health and Safety Code, as added by this Act, is due April 1, 2011. |
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(e) The Texas Commission on Environmental Quality shall |
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begin posting the commission's list of noncompliant manufacturers |
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as provided by Section 361.979, Health and Safety Code, as added by |
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this Act, on July 1, 2010. |
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(f) The Texas Commission on Environmental Quality shall |
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adopt the commission's performance standards and methodology |
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required by Section 361.986, Health and Safety Code, as added by |
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this Act, not later than January 1, 2013. |
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SECTION 3. This Act takes effect September 1, 2009. |