2009 - 2010 LEGISLATURE
March 18, 2010 - Introduced by Senators Jauch, Lehman, Miller, Taylor, Robson,
and Cowles, cosponsored by Representatives Zepnick, Pope-Roberts,
Pasch, Berceau, Black, Sinicki, Dexter, Benedict, Roys
and Hebl. Referred
to Committee on Environment.
SB629,1,3 1An Act to create 20.370 (2) (hs), 25.49 (1g), 287.03 (1) (g), 287.07 (4r) and 287.16
2of the statutes; relating to: the sale, disposal, collection, and recycling of
3mercury-added lamps and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill imposes requirements on manufacturers that sell, or that have
previously sold, mercury-added lamps to households in this state. The bill defines
a mercury-added lamp as any electric lamp to which mercury is intentionally added
during the manufacturing process. The bill requires manufacturers, beginning on
January 1, 2013, to file an annual registration with the Department of Natural
Resources (DNR) and to pay an annual fee. The registration must also include an
annual report containing specific information required by DNR. Under the bill, a
manufacturer must implement a recycling plan approved by DNR for recycling
mercury-added lamps derived from households (household lamps). If a
manufacturer fails to annually register with DNR, pay an annual registration fee,
or fully implement an approved recycling plan, the manufacturer may not conduct
business of any kind in this state. All of these requirements cease to apply to a
manufacturer after the expiration of a ten-year period during which the
manufacturer does not sell any household lamps in this state.
In order for a manufacturer to comply with registration requirements
established under the bill, the manufacturer must submit a recycling plan to DNR
for approval. The bill provides that DNR may not approve a recycling plan unless
the plan contains certain information. The plan must contain, among other things,

information about the collection sites established by the manufacturer at which
household lamps may be deposited for recycling, information about the procedure
established by the manufacturer for the delivery of household lamps from collection
sites to a recycler, and information about public education provided by the
manufacturer that gives information about recycling and the safe storage and
handling of used household lamps. The bill authorizes manufacturers to establish
joint recycling programs or to participate in the creation of an entity to collect and
recycle household lamps.
Under this bill DNR must review a manufacturer's recycling plan within three
months of its submission. Within 30 days after completing its review, DNR must
notify the manufacturer of any deficiencies in the manufacturer's plan. If DNR
determines that an original or modified plan complies with the plan requirements
established in the bill, DNR must approve the plan. If the plan is deficient and the
manufacturer fails to remedy the plan, DNR must disapprove the plan. The bill
requires DNR, in approving recycling plans, to establish a goal of achieving by
January 1, 2015, an average yearly recycling rate of 70 percent of the total weight
of mercury-added lamps sold to households in this state.
The bill also requires each manufacturer to submit an annual report to DNR
that includes information about the total weight of household lamps recycled by the
manufacturer in the previous year and an evaluation of the effectiveness of the
manufacturer's plan. The bill requires a manufacturer upon submission of a plan,
and with each annual registration, to pay a recycling administration fee to DNR of
Beginning on July 1, 2013, the bill prohibits a retailer from selling a
mercury-added lamp to a household unless the retailer determines that the
manufacturer is on a list, maintained by DNR, of manufacturers that have fully
implemented an approved recycling plan.
Current law prohibits various items, including lead acid batteries and major
appliances, from being disposed of in landfills and from being incinerated. This bill
prohibits the disposal in landfills and the incineration of mercury-added lamps. The
prohibition takes effect on July 1, 2013.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB629, s. 1 1Section 1. 20.370 (2) (hs) of the statutes is created to read:
SB629,2,42 20.370 (2) (hs) Mercury-added lamp recycling. From the recycling and
3renewable energy fund, all moneys received under s. 287.16 (8) for administration
4of the mercury-added lamp recycling program under s. 287.16.
SB629, s. 2
1Section 2. 25.49 (1g) of the statutes is created to read:
SB629,3,22 25.49 (1g) The moneys received under s. 287.16 (8).
SB629, s. 3 3Section 3. 287.03 (1) (g) of the statutes is created to read:
SB629,3,54 287.03 (1) (g) Maintain an updated list of manufacturers that have fully
5implemented an approved recycling plan under s. 287.16 (6).
SB629, s. 4 6Section 4. 287.07 (4r) of the statutes is created to read:
SB629,3,97 287.07 (4r) Mercury-added lamps. (a) In this subsection, "mercury-added
8lamp" means an electric lamp to which mercury is intentionally added during the
9manufacturing process.
SB629,3,1010 (b) Beginning on July 1, 2013, no person may knowingly do any of the following:
SB629,3,1111 1. Dispose of a mercury-added lamp in a solid waste disposal facility.
SB629,3,1212 2. Burn a mercury-added lamp in a solid waste treatment facility.
SB629,3,1513 3. Place a mercury-added lamp in a container the contents of which will be
14disposed of in a solid waste disposal facility or burned in a solid waste treatment
SB629,3,2216 (c) The operator of a solid waste disposal facility or a solid waste treatment
17facility shall make a reasonable effort to manually separate, and arrange to have
18recycled, a mercury-added lamp that is readily observable in solid waste that is
19delivered to the facility for disposal or burning unless the operator determines that
20separating the mercury-added lamp is not practical or would require the operator
21to implement measures to protect human health or safety in addition to any
22measures taken in the ordinary course of business.
SB629, s. 5 23Section 5. 287.16 of the statutes is created to read:
SB629,3,24 24287.16 Mercury-added lamp recycling. (1) Definitions. In this section:
1(a) "Collection" means the act of receiving mercury-added lamps derived from
2households and delivering, or arranging for the delivery of, the mercury-added
3lamps to a recycler.
SB629,4,64 (b) "Dwelling unit" means a single unit providing complete, independent living
5facilities for one or more persons, including permanent provisions for living,
6sleeping, eating, cooking, and sanitation.
SB629,4,87 (c) "Household" means one or more individuals who occupy one dwelling unit
8in a detached or multiunit building.
SB629,4,109 (d) "Manufacturer" means a person who does, or who previously has done, any
10of the following:
SB629,4,1111 1. Manufacture mercury-added lamps to be sold under the person's own brand.
SB629,4,1312 2. Sell mercury-added lamps manufactured by others under the person's own
SB629,4,1514 3. License the person's brand for manufacture and sale of mercury-added
15lamps by others.
SB629,4,1716 (e) "Mercury-added lamp" means an electric lamp to which mercury is
17intentionally added during the manufacturing process.
SB629,4,1818 (f) "Recycler" means a person who accepts mercury-added lamps for recycling.
SB629,4,2419 (g) "Recycling" means preparing mercury-added lamps for use in
20manufacturing processes or for recovery of useable materials and delivering the
21materials for use. "Recycling" does not include destruction by incineration or other
22processes or land disposal of recyclable materials and does not include reuse, repair,
23or any other process through which eligible mercury-added lamps are returned for
24use by households in their original form.
1(h) "Retailer" means any person engaged in the retail sale of mercury-added
2lamps to persons in this state.
SB629,5,43 (i) "Sell" means sell to a household, offer to sell to a household, or deliver to a
4retailer for subsequent sale to a household.
SB629,5,8 5(2) Manufacturer requirements. (a) Except as provided under par. (c),
6beginning on January 1, 2013, a manufacturer who sells, or who has sold,
7mercury-added lamps to households in this state, may not conduct business in this
8state unless all of the following apply:
SB629,5,109 1. The manufacturer has filed an annual registration with the department in
10the form and manner required by the department by rule.
SB629,5,1111 2. The manufacturer has paid the fees required under sub. (8).
SB629,5,1312 3. The manufacturer has fully implemented an approved recycling plan under
13sub. (6).
SB629,5,1514 (b) The registration required under par. (a) 1. shall include the annual report
15required under sub. (7).
SB629,5,1916 (c) The requirements under this subsection do not apply to a manufacturer if
17the manufacturer has not sold any mercury-added lamps to households in this state
18for 10 consecutive years and does not resume such sales upon expiration of that
1910-year period.