Mercury Thermostat Collection Act of 2021.

The Mercury Thermostat Collection Act of 2021, as part of the hazardous waste control laws, requires, until January 1, 2030, 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 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 act requires, on or before June 1, 2022, the qualified third party, as defined, to provide to the Department of Toxic Substances Control for review and approval the plan to carry out the program. The act requires 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 department's actual and reasonable regulatory costs to administer, implement, and enforce the act. The act subjects the thermostats of a manufacturer that fails to have a plan submitted by the qualified third party approved by the department, or fails to make a payment required pursuant to the act, to a sales ban, as provided. The act requires, with the exception of the foregoing violations, the department to determine whether a manufacturer, or group of manufacturers, has made a good faith effort, as defined, to comply with the act. The act requires manufacturers, on and after July 1, 2022, to provide collection bins to wholesalers that request them for out-of-service mercury-added thermostats. A violation of the hazardous waste control laws is a crime. This bill would impose the sales ban on the thermostats of every manufacturer not in compliance with the act, notwithstanding good faith effort. The bill would require manufacturers to provide, without a request, collection bins to wholesalers for out-of-service mercury-added thermostats. Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program. The bill also would make other technical and nonsubstantive changes to the act. 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.