| ACT SUMMARY | 2007-2008 |
View the ACT NO. 149 (H.515) Mercury management; mercury-containing =
thermostats This act establishes a program under which manufacturers are required =
to=20
collect out-of-service mercury-containing thermostats. Under the =
program, the=20
original equipment manufacturer of a mercury-containing thermostat shall =
be=20
required to submit either individually or collectively to the agency of =
natural=20
resources (ANR) a plan for the collection of mercury-containing =
thermostats. The=20
plan shall: include an education and outreach program; comply with =
ANR=92s=20
universal waste rules; ensure that collection containers are provided to =
all=20
thermostat wholesalers; ensure that collection systems are provided to =
all=20
collection points; establish financial incentives with a minimum of =
$5.00 for=20
the return of mercury-containing thermostats by wholesalers, =
contractors, and=20
homeowners; and include mechanisms to protect against the fraudulent =
return of=20
thermostats. The plan shall be implemented no later than April 1, 2009, =
and=20
manufacturers shall be required to report on the efficacy of the plan in =
2010.=20
By April 1, 2009, a thermostat wholesaler shall not sell, offer for =
sale, or=20
distribute thermostats unless the wholesaler acts as a collection point =
for=20
mercury-containing thermostats. By April 1, 2009, a thermostat retailer =
shall=20
not sell, offer for sale, or distribute thermostats unless the retailer=20
participates in a program to educate consumers on the collection program =
for=20
mercury-containing thermostats. Beginning April 1, 2009, a manufacturer =
that=20
fails to submit a plan for the collection of mercury-containing =
thermostats=20
shall be prohibited from offering any thermostat for sale in the state, =
and a=20
wholesaler or retailer shall be prohibited from selling a thermostat of =
such a=20
manufacturer. In addition, the act requires contractors to deliver to =
collection=20
sites any mercury-containing thermostats removed from a building. Within 60 days of receipt of complete application from a =
manufacturer, ANR=20
shall approve or deny the manufacturer=92s collection plan. ANR shall =
establish a=20
process under which proposed plans are available for public review and =
comment.=20
ANR shall maintain and post a list of registered collection points for=20
mercury-containing thermostats. ANR shall conduct education and outreach =
to=20
promote the collection of discarded mercury-containing thermostats. ANR =
also=20
shall report to the general assembly regarding the efficacy of the =
collection=20
program. By July 1, 2010, ANR shall estimate the number of out-of =
service=20
thermostats generated in Vermont on an annual basis. Beginning July 1, =
2011,=20
should collection efforts fail to result in the collection of at least =
65=20
percent of out-of-service mercury-containing thermostats in the state, =
ANR shall=20
require modifications to manufacturers=92 collection plans. In addition, the act requires the mercury advisory committee to =
report to the=20
general assembly regarding whether the jurisdiction of the committee =
should be=20
expanded to include review of additional toxic substances. Effective Date: July 1, 2008.
The Vermont General Assembly
Published by:=20
115 State Street=20
Montpelier, Vermont=20
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