Cal. Health & Safety Code § 25214.8.12
Mercury Thermostat Collection Act of 2021
Redline — January 1, 2021 → current.View current text →
Current — January 1, 2023
As of January 1, 2021
(a) Except for a manufacturer that fails to have a plan submitted by the qualified third party approved by the department pursuant to Section 25214.8.11.6, or a manufacturer that fails to make a payment pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (a) or subdivision (f) of Section 25214.8.11.2, which shall solely be addressed pursuant to subdivision (c) of Section 25214.8.11.2 and subdivisions (b) and (c) of this section, the department shall determine whether a manufacturer, or group of manufacturers, has made a good faith effort to comply with this act. For the purpose of this subdivision, “good faith effort” means all reasonable and feasible efforts by a manufacturer, or a group of manufacturers, through the qualified third party that has been retained by the manufacturer, or group of manufacturers, to comply with this act.
(a) A manufacturer that fails to have a plan submitted by the qualified third party approved by the department pursuant to Section 25214.8.11.6 or a manufacturer that fails to make a payment required pursuant to either subparagraph (A) or (B) of paragraph (1) of subdivision (a) or subdivision (f) of Section 25214.8.11.2 shall be subject to the sales ban pursuant to subdivision (b).
(b) (1) A person shall not sell or offer for sale in this state a thermostat that is produced by a manufacturer that is not in compliance with this act.
(b) (1) A person shall not sell or offer for sale in this state a thermostat that is produced by a manufacturer that is not in compliance with this act.
(2) The sales prohibition in paragraph (1) shall be effective on the 120th day after the notice described in subdivision (c) listing noncompliant manufacturers is posted on the department’s internet website and shall remain in effect until the manufacturer is no longer listed on the department’s internet website.
(2) The sales prohibition in paragraph (1) shall be effective on the 120th day after the notice described in subdivision (c) listing noncompliant manufacturers is posted on the department’s internet website and shall remain in effect until the manufacturer is no longer listed on the department’s internet website.
(c) On or before July 1, 2023, and on or before January 1 and July 1 of each year thereafter, the department shall post a notice on its internet website listing manufacturers that are not in compliance with this act.
(c) On or before July 1, 2023, and on or before January 1 and July 1 of each year thereafter, the department shall post a notice on its internet website listing manufacturers that are not in compliance with this act.
(d) A wholesaler or a retailer that distributes or sells mercury-added thermostats shall monitor the department’s internet website to determine if the sale of a manufacturer’s thermostats is in compliance with subdivision (b).
(d) A wholesaler or a retailer that distributes or sells mercury-added thermostats shall monitor the department’s internet website to determine if the sale of a manufacturer’s thermostats is in compliance with subdivision (b).
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.