AB 707: Mercury Thermostat Collection Act of 2021.

Existing law, the Mercury Thermostat Collection Act of 2008, as part of the states hazardous waste control laws, requires a manufacturer that owns or owned a name brand of mercury-added thermostats, as defined, sold in this state before January 1, 2006, to establish and maintain a collection, transportation, recycling, and disposal program for out-of-service mercury-added thermostats, as defined. Among other requirements, the act requires each manufacturer, or group of manufacturers, to provide collection bins to wholesalers for collection of out-of-service mercury-added thermostats at a cost not to exceed $25. A violation of the hazardous waste control laws is a crime.

This bill would recast the program, still as part of the states hazardous waste control laws, as the Mercury Thermostat Collection Act of 2021. The bill would require each manufacturer of mercury-added thermostats, or group of manufacturers, on or before March 1, 2022, to contract with or retain a qualified third party, as defined, to develop and implement a convenient, cost-effective, and efficient program for the collection, transportation, recycling, and disposal of out-of-service mercury-added thermostats. The bill would require each manufacturer, or group of manufacturers, to issue a request for proposals for a qualified third party to develop and implement the program, and would require the manufacturer, or group of manufacturers, to consider specified factors when selecting the qualified third party. The bill would require the qualified third party to develop and implement a program that includes, but is not limited to, the collection, handling, and arrangement for the appropriate management of out-of-service mercury-added thermostats, unless these activities are performed by a manufacturer, or group of manufacturers, an educational and outreach campaign sufficient to inform appropriate entities about the importance of safe recycling and disposal of out-of service mercury-added thermostats, and informational materials about the program. The bill would require the qualified third party to make available to consumers, as defined, and service technicians out-of-service mercury-added thermostat collection incentives of no less than $30 per out-of-service mercury-added thermostat collected. The bill would require that an incentive be provided to these persons only if the person attests, under penalty of perjury, to their California state residency, among other things. By requiring a person to provide an attestation under penalty of perjury, this bill would expand the crime of perjury and create a state-mandated local program.

This bill would require, by June 1, 2022, the qualified third party to submit to the Department of Toxic Substances Control for review and approval, as provided, a written plan for the program that addresses these program elements. The bill would provide that program required by the act as it existed before January 1, 2022, shall remain in effect until the plan submitted by the qualified third party is approved by the department and fully implemented by the qualified third party.

The bill would require the qualified third party, no later than July 1, 2023, and no later than July 1 of each year thereafter until July 1, 2028, to conduct an annual survey of specified entities to evaluate the effectiveness of the programs education and outreach campaign and to obtain collection data from each entity engaged in the collection of out-of-service mercury-added thermostats, as provided.

This bill would require each manufacturer, or group of manufacturers, on or before March 30, 2022, and on or before March 30 of each year thereafter until March 30, 2028, to pay to the department an aggregate total of $400,000, as provided, which shall not exceed the departments actual and reasonable regulatory costs to administer, implement, and enforce the act. The bill would require the funds to be deposited in the Mercury Thermostat Collection Program Fund, which the bill would establish. The bill would provide that, upon appropriation by the Legislature, the funds would be required to be used only for specified purposes, including, but not limited to, the departments actual and reasonable regulatory costs to administer, implement, and enforce the act. The bill would also require each manufacturer, or group of manufacturers, on or before March 30, 2022, and on or before March 30 of each year thereafter until March 30, 2028, to pay to the qualified third party a specified amount per program year to effectively and efficiently develop and implement the required education and outreach campaign and to also pay for the qualified third partys estimated and actual annual costs to develop and implement the other components of the program, as provided. The bill would require a group of manufacturers to notify the department in writing of the identity of any nonpaying manufacturer and the apportioned amount for which the nonpaying manufacturer is responsible so the department can determine each manufacturers compliance with the act. The bill would subject the thermostats of a manufacturer that fails to make the required payment or comply with the act to a sales ban, as provided. The bill would require the department to determine whether a manufacturer, or group of manufacturers, has made a good faith effort, as defined, to comply with the act. Because a violation of the act would be a crime, the bill would impose a state-mandated local program.

This bill would express the intent of the Legislature to provide for, and would provide for, upon the expiration of the act, the satisfaction, discharge, release, or termination of any liability, obligation, or violation established or alleged against a manufacturer, or group of manufacturers, pursuant to the act, including regulations adopted by the department, as it existed before January 1, 2022, if the manufacturer, or group of manufacturers, makes all payments required pursuant to the act, as provided.

This bill would require the department to repeal any regulations previously adopted by the department to implement the act. The bill would require, on or before January 1, 2028, the department to report to the Legislature on the status of the program. The bill would repeal the act on January 1, 2030.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.