(a) (1) (A) Subject to paragraph (2), each manufacturer, or group of manufacturers, shall do all of the following:

(i) Collect, handle, and arrange for the appropriate management of out-of-service mercury-added thermostats in compliance with this act.

(ii) On and after July 1, 2022, provide collection bins for out-of-service mercury-added thermostat collection at no cost to a wholesaler in the state that sells thermostats.

(iii) On and after July 1, 2022, provide collection bins for out-of-service mercury-added thermostat collection at no cost to a retailer in the state that sells thermostats and requests a collection bin.

(iv) On and after July 1, 2022, provide collection bins for out-of-service mercury-added thermostat collection at no cost to a local governmental agency that requests a collection bin for use at a household hazardous waste collection facility or household hazardous waste event, and at no cost to a licensed contractor that requests a collection bin.

(v) Either arrange for pickup of the collection bins or pay for the costs of shipping the collection bins provided pursuant to clauses (ii) to (iv), inclusive, for proper handling and recycling or disposal of the out-of-service mercury-added thermostats.

(vi) On or before April 1, 2023, and on or before April 1 of each year thereafter, submit an annual report to the department covering the one-year period ending December 31 of the previous calendar year. Each report shall also be posted on the internet website created by the qualified third party pursuant to subdivision (e) of Section 25214.8.11.5. The annual report shall include all of the following:

(I) The number of out-of-service mercury-added thermostats collected in the state during the previous calendar year.

(II) The estimated total amount of mercury contained in the collected out-of-service mercury-added thermostats.

(III) The number of incentives provided to consumers and the total amount of incentives paid to consumers pursuant to the program during the previous calendar year.

(IV) An evaluation of the effectiveness of the program and the extent to which each element of the planned activities has been successful or could be modified to improve the effectiveness of the program.

(V) An accounting of the program administrative costs, including the most recent copy of Internal Revenue Service Form 990 for the qualified third party.

(VI) A description of the outreach strategies employed to increase participation, convenience, and collection rates, including dedicated outreach to rural communities, disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713, and an assessment of the effectiveness of those outreach strategies.

(VII) Examples of outreach and educational materials used, including:

(aa) A description of the education and outreach conducted for each of the groups identified in subdivision (c) of Section 25214.8.11.5.

(ab) The date and form of education and outreach conducted for or at each collection location.

(ac) Data describing the scope, by medium, of all education and outreach conducted by the qualified third party, including, as applicable, online, digital, social, print, broadcast, or other media.

(VIII) Names and locations of all participating out-of-service mercury-added thermostat collection locations.

(IX) The number of out-of-service mercury-added thermostats collected at each collection location.

(X) The address for the internet website created by the qualified third party pursuant to subdivision (e) of Section 25214.8.11.5 where the annual report may be viewed online.

(XI) A description of how the collected out-of-service mercury-added thermostats were managed.

(XII) The results and analysis of the annual survey conducted by the qualified third party pursuant to Section 25214.8.13.5.

(XIII) Proposed modifications to the program.

(XIV) A description of the qualified third party’s expenditures incurred in developing and implementing the program.

(B) Subject to paragraph (2), on or before June 1, 2022, a manufacturer, or group of manufacturers, shall provide to the department for review and approval the plan developed by the manufacturer, or group of manufacturers, to carry out the requirements of this paragraph. The department shall review the plan in accordance with the procedures and timeframes outlined in subdivisions (b) to (d), inclusive, of Section 25214.8.11.6.

(2) A manufacturer, or group of manufacturers, may retain, but is not required to retain, the qualified third party to implement the requirements of paragraph (1).

(b) (1) On or before January 1, 2028, the department shall report to the Legislature on the status of the program.

(2) The department shall submit its report pursuant to paragraph (1) in compliance with § 9795 of the Government Code.

(Amended by Stats. 2022, Ch. 742, Sec. 3. (AB 732) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)