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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) "Air-conditioning and refrigeration contractor" |
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has the meaning assigned by Section 1302.002, Occupations Code. |
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(2) "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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(3) "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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through communication with heating, ventilating, or |
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air-conditioning equipment in residential, commercial, industrial, |
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or other buildings. The term does not include a thermostat used to |
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sense and control temperature as part of a manufacturing process. |
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(4) "Out-of-service mercury-added thermostat" means a |
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mercury-added thermostat that is removed from service in this state |
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and is intended to be discarded. |
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(5) "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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(6) "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. |
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(7) "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. MERCURY-ADDED THERMOSTAT RECYCLING. A person |
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who removes a mercury-added thermostat from service shall: |
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(1) handle the thermostat in accordance with this |
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subchapter and rules adopted under this subchapter; |
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(2) take the thermostat to a point of collection with a |
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collection bin operating in accordance with this subchapter and |
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rules adopted under this subchapter; and |
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(3) dispose of the thermostat only by recycling the |
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thermostat in a manner described by this subchapter. |
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Sec. 361.973. MANUFACTURER PROGRAMS FOR OUT-OF-SERVICE |
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MERCURY-ADDED THERMOSTATS. (a) Each manufacturer of mercury-added |
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thermostats that have been sold in this state shall, individually |
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or collectively with other manufacturers, establish and maintain a |
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collection and recycling program for out-of-service mercury-added |
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thermostats. Each manufacturer, individually or collectively with |
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other manufacturers, 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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(c) A retailer participating in a manufacturer's program |
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under this section by providing a point of collection for |
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out-of-service mercury-added thermostats shall post at the |
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collection site prominent, easily visible signs that provide |
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information about the collection and recycling of out-of-service |
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mercury-added thermostats. |
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(d) A manufacturer may not sell, offer for sale, or |
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distribute in this state any thermostats unless the manufacturer |
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complies with this subchapter and the rules adopted under this |
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subchapter. |
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Sec. 361.974. COLLECTION BINS. A manufacturer's program |
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established under Section 361.973 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 one-time administrative |
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fee not to exceed $40; 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 a one-time administrative fee |
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not to exceed $40; and |
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(2) arrange for either: |
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(A) the pickup of the contents of the collection |
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bins provided pursuant to this section for proper handling and |
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recycling; or |
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(B) the payment of the costs of shipping the |
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collection bins provided under this section for proper handling and |
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recycling in accordance with the program. |
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Sec. 361.975. INITIAL PROGRAM EDUCATION AND OUTREACH. (a) |
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A manufacturer's program established under Section 361.973, in |
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accordance with commission rules, shall: |
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(1) 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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(2) to encourage greater participation in the proper |
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management of out-of-service mercury-added thermostats in this |
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state, undertake to engage other stakeholders, including waste, |
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demolition, heating, ventilation, and air-conditioning |
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organizations, and appropriate state agencies; |
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(3) 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; and |
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(4) encourage retailers to support and participate in |
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educating consumers on the proper management of out-of-service |
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mercury-added thermostats. |
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(b) This section expires January 1, 2014. |
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Sec. 361.976. EDUCATIONAL AND OUTREACH MATERIALS. (a) A |
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manufacturer's program established under Section 361.973, in |
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accordance with commission rules, shall develop, update as |
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necessary, and make available to participating retailers, |
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participating wholesalers, and participating household hazardous |
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waste programs educational and other outreach 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) local governments that provide household |
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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; or |
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(2) written materials or templates of materials for |
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reproduction by participating retailers and participating |
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wholesalers to be provided to the consumer at the time of purchase |
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or delivery of a thermostat that include information on: |
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(A) proper management of out-of-service |
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mercury-added thermostats; and |
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(B) 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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Sec. 361.977. PROGRESS REPORT. (a) On or before April 1 of |
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each year, a manufacturer, through a program established under |
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Section 361.973, shall submit to the commission and post on the |
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program's 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) 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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(5) a description of the outreach strategies employed |
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to increase participation and collection rates; |
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(6) examples of outreach and educational materials |
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used; |
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(7) names and locations of all participating points of |
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collection; |
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(8) the total number of out-of-service mercury-added |
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thermostats collected; |
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(9) the Internet website address at which the annual |
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report may be viewed online; |
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(10) a description of how the collected out-of-service |
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mercury-added thermostats were managed; and |
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(11) beginning with the report due April 1, 2014, a |
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comparison of collections to the collection goals established under |
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this section. |
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(b) With the first progress report due under Subsection (a), |
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a manufacturer, individually or collectively with other |
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manufacturers, shall submit to the commission collection goals that |
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ensure an increase in the number of mercury-added thermostats |
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collected each year until 2018 or until a time the commission |
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determines that the number of in-service mercury-added thermostats |
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is steadily declining as a result of the ban on sales and |
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installation of mercury-added thermostats. |
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(c) The commission shall use the progress reports required |
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by this section to determine whether collection goals are being |
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met. If collection goals are not met, the commission may require |
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modifications to a manufacturer's collection plans in an attempt to |
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improve collection rates. |
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(d) The manufacturer or group of manufacturers operating a |
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program shall post the progress report submitted under this section |
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on a public Internet website. |
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(e) The commission shall post progress reports submitted |
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under this section on the commission's Internet website or provide |
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a link to the public Internet website described by Subsection (d). |
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(f) The commission by rule shall establish a review |
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procedure that includes: |
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(1) notice of the review procedure and timeline, |
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including notice of the opportunity for public comment to be posted |
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on the commission's Internet website; and |
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(2) a period for public comment that extends at least |
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90 days from the date the commission posts progress reports |
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submitted under this section. |
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(g) The commission shall review and consider the progress |
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reports and the public comments submitted under this section. The |
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commission shall consider each progress report's consistency with |
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other thermostat manufacturers' collection programs in this state |
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and in other states. The commission may consult with thermostat |
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manufacturers, thermostat wholesalers, thermostat technicians, |
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thermostat retailers, environmental interest groups, and local |
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governments to solicit additional comments. |
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(h) The commission may discontinue the requirement for the |
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progress report under this section and the requirements of Section |
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361.976 if the commission finds, based on diminished returns of |
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thermostats, that additional education and reporting requirements |
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would result in only a de minimis number of out-of-service |
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mercury-added thermostats being returned in this state. |
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Sec. 361.978. COMMISSION'S EDUCATION RESPONSIBILITIES. |
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(a) The commission may provide outreach to educate consumers |
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regarding the collection and recycling requirement for |
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out-of-service mercury-added thermostats. |
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(b) The commission shall provide a link on the commission's |
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Internet website for a program operated by a manufacturer or group |
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of manufacturers by which consumers, contractors, retailers, and |
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wholesalers are provided information about the recycling of |
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out-of-service mercury-added thermostats. |
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Sec. 361.979. THERMOSTAT SALES OR DISTRIBUTION PROHIBITED; |
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LIST OF NONCOMPLIANT MANUFACTURERS. (a) A person, including a |
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manufacturer, wholesaler, or retailer, may not sell, offer for |
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sale, or distribute in this state: |
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(1) a mercury-added thermostat; or |
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(2) 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 2 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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thermostats shall monitor the commission's Internet website to |
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determine whether the sale of a manufacturer's thermostat is in |
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compliance with this subchapter. |
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Sec. 361.980. THERMOSTAT INSTALLATION PROHIBITED. A person |
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may not install a mercury-added thermostat. |
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Sec. 361.981. WHOLESALER DUTY: POINT OF COLLECTION. (a) A |
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wholesaler may not sell, offer for sale, or distribute in this state |
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any thermostats unless the wholesaler: |
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(1) provides at each of its places of business in this |
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state a point of collection for out-of-service mercury-added |
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thermostats if the wholesaler conducts business from a physical |
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location in this state; |
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(2) participates as a collection site in a |
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manufacturer's collection program as described under Section |
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361.973; or |
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(3) otherwise collects out-of-service mercury-added |
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thermostats in accordance with applicable state and federal law. |
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(b) A wholesaler that provides a collection site shall post |
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at the collection site prominent, easily visible signs that provide |
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information about the collection and recycling of out-of-service |
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mercury-added thermostats. |
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Sec. 361.982. 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. 361.983. 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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361.976 to its customers. |
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Sec. 361.984. AIR-CONDITIONING AND REFRIGERATION |
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CONTRACTOR RESPONSIBILITIES. An air-conditioning and |
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refrigeration contractor who removes a mercury-added thermostat |
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shall: |
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(1) handle the thermostat in accordance with this |
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subchapter and rules adopted under this subchapter; and |
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(2) take the thermostat to a point of collection with a |
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collection bin operating in accordance with this subchapter and |
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rules adopted under this subchapter. |
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Sec. 361.985. MANUFACTURERS' COMPLIANCE ASSURANCE. The |
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commission may require a manufacturer or group of manufacturers |
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operating a program established under Section 361.973 to revise the |
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collection and recycling program and to take other necessary |
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actions to comply with this subchapter. |
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Sec. 361.986. AIR-CONDITIONING AND REFRIGERATION |
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CONTRACTOR COMPLIANCE. (a) The commission is responsible for |
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ensuring compliance with Section 361.984. |
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(b) The Texas Department of Licensing and Regulation shall |
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refer to the commission any complaints filed with that department |
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and any other information obtained by that department against an |
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air-conditioning and refrigeration contractor related to a |
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violation of Section 361.984. |
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Sec. 361.987. COMMISSION REPORT. Not later than August 1 of |
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each year, the commission shall compile information from progress |
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reports and comments received under Section 361.977 and issue an |
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electronic report to the committee in each house of the legislature |
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that has primary jurisdiction over environmental matters. |
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Sec. 361.988. DISPOSAL AND TRANSPORTATION REQUIREMENT. (a) |
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An owner or operator of a solid waste treatment, processing, or |
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disposal facility is not in violation of this subchapter or a rule |
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adopted under this subchapter if the owner or operator: |
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(1) posts in a conspicuous location a sign stating |
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that mercury-added thermostats are not accepted at the facility and |
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must be taken to a point of collection; and |
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(2) notifies in writing at least once each calendar |
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year until December 31, 2014, each solid waste collector who has |
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contracted to dispose of waste at the facility that mercury-added |
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thermostats are not accepted for disposal in a solid waste |
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treatment, processing, or disposal facility. |
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(b) A commercial transporter of solid waste who transports |
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waste to a solid waste treatment, processing, or disposal facility |
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is not in violation of this subchapter or a rule adopted under this |
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subchapter if the transporter notifies in writing at least once |
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each calendar year until December 31, 2014, each person who has |
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contracted directly with the transporter for the transportation of |
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solid waste that mercury-added thermostats are not accepted for |
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disposal in a solid waste treatment, processing, or disposal |
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facility. |
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SECTION 2. (a) A manufacturer's program established |
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individually or collectively under Section 361.973, Health and |
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Safety Code, as added by this Act, is required to provide collection |
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bins as provided by Section 361.974, Health and Safety Code, as |
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added by this Act, only on and after July 1, 2012. |
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(b) A manufacturer's program established individually or |
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collectively under Section 361.973, Health and Safety Code, as |
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added by this Act, is required to perform the duties provided by |
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Section 361.975, Health and Safety Code, as added by this Act, only |
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on and after July 1, 2012. |
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(c) A manufacturer's program established individually or |
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collectively under Section 361.973, Health and Safety Code, as |
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added by this Act, is required to develop, update, and make |
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available educational and outreach materials as provided by Section |
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361.976, Health and Safety Code, as added by this Act, only on and |
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after July 1, 2012. |
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(d) The first progress report required by Section 361.977, |
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Health and Safety Code, as added by this Act, is due April 1, 2013. |
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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, 2012. |
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(f) The Texas Commission on Environmental Quality shall |
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issue the first report required by Section 361.987, Health and |
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Safety Code, as added by this Act, not later than August 1, 2013. |
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SECTION 3. This Act takes effect September 1, 2011. |