Legislative findings

Act 97 of 2008, § 2, under MERCURY-FREE THEMOSTAT ACT - ENACTMENT.

Act 97 of 2008, § 2

Section 2. Legislative findings.

The General Assembly finds and declares as follows:

(1) Waterways throughout this Commonwealth have been

placed under fish consumption advisory warnings due to high

levels of mercury contamination.

(2) Human exposure to mercury from thermostats is

primarily through improper disposal of items in landfills or

through incineration.

(3) Mercury thermostats represent the largest amount of

mercury in ordinary household products. A single mercury

thermostat contains between three and five grams of mercury.

According to the Environmental Protection Agency's 2002

estimates, each year about six to eight tons of mercury from

discarded thermostats end up in solid waste facilities and

between one and two tons are released into the air.

(4) Electronic programmable thermostats that do not

contain mercury are readily available and can save consumers

considerable money in energy costs when used properly. Snap-

switch thermostats that function like mercury thermostats,

but contain no mercury, are also available.

(5) The Commonwealth supports shared responsibility for

all stakeholders including manufacturers, retailers,

wholesalers, local and state governments working to resolve

those issues and efforts to reduce mercury entering the

atmosphere and water supply from all sources in the most

cooperative and cost-effective means available.

(6) The nonprofit Thermostat Recycling Corporation

(TRC), created and supported by thermostat manufacturers, is

a voluntary program designed to collect mercury thermostats

from wholesalers. The TRC has been operating in this

Commonwealth since 2000 and has recycled almost 30,000

thermostats, thereby diverting more than 284 pounds of

mercury in seven years in Pennsylvania. This Commonwealth has

been a consistently high-performing state under the program,

with collections higher than all but five other states in

2007. Collections in Pennsylvania peaked at 7,019 thermostats

in 2006.

(7) It is in the public interest to increase the scope

and effectiveness of mercury thermostat collection programs

through promotion and expansion of recycling efforts and

banning the sale, installation and disposal of mercury

thermostats in this Commonwealth.