2011 - 2012 LEGISLATURE
March 15, 2012 - Introduced by Representatives C. Taylor, Pocan, Berceau, Roys,
Turner and Ringhand, cosponsored by Senator Lassa. Referred to Committee
on Natural Resources.
1An Act to amend
287.95 (1); and to create
20.370 (2) (hs), 20.370 (2) (ht), 25.46 2
(22), 25.46 (23), 287.03 (1) (g), 287.07 (6), 287.16 and 287.165 of the statutes; 3relating to: the sale, collection, and recycling of mercury-added lamps and
4thermostats, the disposal of mercury-added products, granting rule-making
5authority, making an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Light bulbs containing mercury
This bill imposes requirements on manufacturers that sell, or that have
previously sold, mercury-added lamps to households in this state. Lamps are
commonly called light bulbs. 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, 2014, 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
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 a public education component that provides 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, 2016, 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, 2014, 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.
Thermostats containing mercury
This bill requires a manufacturer that sells or sold thermostats that contain
mercury (mercury-added thermostats) in this state to implement a recycling plan
approved by DNR for collecting and recycling mercury-added thermostats. The plan
must contain provisions for education and outreach, for ensuring that collection and
recycling are conducted in accordance with DNR's rules, for the furnishing of
containers to wholesalers and collectors, and for financial incentives for the return
of mercury-added thermostats. The bill also imposes annual reporting
requirements on manufacturers. If a manufacturer does not comply with the
requirements, the bill prohibits the manufacturer from selling any kind of
thermostat in this state and prohibits wholesalers and retailers from selling any of
the manufacturer's thermostats in this state.
The bill prohibits a wholesaler from selling or distributing any kind of
thermostat unless the wholesaler collects used mercury-added thermostats. The bill
prohibits a retailer from selling or distributing any kind of thermostat unless the
retailer participates in a program to educate consumers on the collection of
mercury-added thermostats. The bill requires a contractor that demolishes a
building to first remove any mercury-added thermostats. The bill also requires a
contractor who removes a mercury-added thermostat from a building to deliver the
old thermostat to a wholesaler or collector.
Disposal of mercury-added products
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 products to which mercury is intentionally added from being knowingly
disposed of in landfills and from being knowingly incinerated.
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:
AB744, s. 1
20.370 (2) (hs) of the statutes is created to read:
(hs) Mercury-added lamp recycling.
From the environmental fund, 3
all moneys received under s. 287.16 (8) for administration of the mercury-added 4
lamp recycling program under s. 287.16.
AB744, s. 2
20.370 (2) (ht) of the statutes is created to read:
(ht) Mercury-added thermostat recycling.
From the environmental 7
fund, all moneys received under s. 287.165 (2) (e) for administration of the 8
mercury-added thermostat recycling program under s. 287.165.
AB744, s. 3
25.46 (22) of the statutes is created to read:
The moneys received under s. 287.16 (8).
AB744, s. 4
25.46 (23) of the statutes is created to read:
The moneys received under s. 287.65 (2) (e).
AB744, s. 5
287.03 (1) (g) of the statutes is created to read:
(g) Maintain an updated list of manufacturers that have fully 2
implemented an approved recycling plan under s. 287.16 (6).
AB744, s. 6
287.07 (6) of the statutes is created to read:
287.07 (6) Mercury-added products.
(a) In this subsection, "mercury-added 5
product" has the meaning given in s. 299.49 (1) (a).
(b) Beginning on the first day of the 19th month beginning after the effective 7
date of this paragraph .... [LRB inserts date], no person may knowingly dispose of a 8
mercury-added product in a solid waste disposal facility, burn a mercury-added 9
product in a solid waste treatment facility, or place a mercury-added thermostat in 10
a container the contents of which will be disposed of in a solid waste disposal facility 11
or burned in a solid waste treatment facility.
(c) 1. Beginning on the first day of the 19th month beginning after the effective 13
date of this subdivision .... [LRB inserts date], the operator of a solid waste disposal 14
facility may not knowingly accept a mercury-added product for disposal in the solid 15
waste disposal facility.
2. Beginning on the first day of the 19th month beginning after the effective 17
date of this subdivision .... [LRB inserts date], the operator of a solid waste treatment 18
facility may not knowingly accept a mercury-added product for burning in the solid 19
waste treatment facility.
AB744, s. 7
287.16 of the statutes is created to read:
21287.16 Mercury-added lamp recycling.
In this section:
(a) "Collection" means the act of receiving mercury-added lamps derived from 23
households and delivering, or arranging for the delivery of, the mercury-added 24
lamps to a recycler.
(b) "Dwelling unit" means a single unit providing complete, independent living 2
facilities for one or more persons, including permanent provisions for living, 3
sleeping, eating, cooking, and sanitation.
(c) "Household" means one or more individuals who occupy one dwelling unit 5
in a detached or multiunit building.
(d) "Manufacturer" means a person who does, or who previously has done, any 7
of the following:
1. Manufacture mercury-added lamps to be sold under the person's own brand.
2. Sell mercury-added lamps manufactured by others under the person's own 10
3. License the person's brand for manufacture and sale of mercury-added 12
lamps by others.
(e) "Mercury-added lamp" means an electric lamp to which mercury is 14
intentionally added during the manufacturing process.
(f) "Recycler" means a person who accepts mercury-added lamps for recycling.
(g) "Recycling" means preparing mercury-added lamps for use in 17
manufacturing processes or for recovery of useable materials and delivering the 18
materials for use. "Recycling" does not include destruction by incineration or other 19
processes or land disposal of recyclable materials and does not include reuse, repair, 20
or any other process through which eligible mercury-added lamps are returned for 21
use by households in their original form.
(h) "Retailer" means any person engaged in the retail sale of mercury-added 23
lamps to persons in this state.