The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB744, s. 1 1Section 1. 20.370 (2) (hs) of the statutes is created to read:
AB744,3,42 20.370 (2) (hs) Mercury-added lamp recycling. From the environmental fund,
3all moneys received under s. 287.16 (8) for administration of the mercury-added
4lamp recycling program under s. 287.16.
AB744, s. 2 5Section 2. 20.370 (2) (ht) of the statutes is created to read:
AB744,3,86 20.370 (2) (ht) Mercury-added thermostat recycling. From the environmental
7fund, all moneys received under s. 287.165 (2) (e) for administration of the
8mercury-added thermostat recycling program under s. 287.165.
AB744, s. 3 9Section 3. 25.46 (22) of the statutes is created to read:
AB744,3,1010 25.46 (22) The moneys received under s. 287.16 (8).
AB744, s. 4 11Section 4. 25.46 (23) of the statutes is created to read:
AB744,3,1212 25.46 (23) The moneys received under s. 287.65 (2) (e).
AB744, s. 5 13Section 5. 287.03 (1) (g) of the statutes is created to read:
AB744,4,2
1287.03 (1) (g) Maintain an updated list of manufacturers that have fully
2implemented an approved recycling plan under s. 287.16 (6).
AB744, s. 6 3Section 6. 287.07 (6) of the statutes is created to read:
AB744,4,54 287.07 (6) Mercury-added products. (a) In this subsection, "mercury-added
5product" has the meaning given in s. 299.49 (1) (a).
AB744,4,116 (b) Beginning on the first day of the 19th month beginning after the effective
7date of this paragraph .... [LRB inserts date], no person may knowingly dispose of a
8mercury-added product in a solid waste disposal facility, burn a mercury-added
9product in a solid waste treatment facility, or place a mercury-added thermostat in
10a container the contents of which will be disposed of in a solid waste disposal facility
11or burned in a solid waste treatment facility.
AB744,4,1512 (c) 1. Beginning on the first day of the 19th month beginning after the effective
13date of this subdivision .... [LRB inserts date], the operator of a solid waste disposal
14facility may not knowingly accept a mercury-added product for disposal in the solid
15waste disposal facility.
AB744,4,1916 2. Beginning on the first day of the 19th month beginning after the effective
17date of this subdivision .... [LRB inserts date], the operator of a solid waste treatment
18facility may not knowingly accept a mercury-added product for burning in the solid
19waste treatment facility.
AB744, s. 7 20Section 7. 287.16 of the statutes is created to read:
AB744,4,21 21287.16 Mercury-added lamp recycling. (1) Definitions. In this section:
AB744,4,2422 (a) "Collection" means the act of receiving mercury-added lamps derived from
23households and delivering, or arranging for the delivery of, the mercury-added
24lamps to a recycler.
AB744,5,3
1(b) "Dwelling unit" means a single unit providing complete, independent living
2facilities for one or more persons, including permanent provisions for living,
3sleeping, eating, cooking, and sanitation.
AB744,5,54 (c) "Household" means one or more individuals who occupy one dwelling unit
5in a detached or multiunit building.
AB744,5,76 (d) "Manufacturer" means a person who does, or who previously has done, any
7of the following:
AB744,5,88 1. Manufacture mercury-added lamps to be sold under the person's own brand.
AB744,5,109 2. Sell mercury-added lamps manufactured by others under the person's own
10brand.
AB744,5,1211 3. License the person's brand for manufacture and sale of mercury-added
12lamps by others.
AB744,5,1413 (e) "Mercury-added lamp" means an electric lamp to which mercury is
14intentionally added during the manufacturing process.
AB744,5,1515 (f) "Recycler" means a person who accepts mercury-added lamps for recycling.
AB744,5,2116 (g) "Recycling" means preparing mercury-added lamps for use in
17manufacturing processes or for recovery of useable materials and delivering the
18materials for use. "Recycling" does not include destruction by incineration or other
19processes or land disposal of recyclable materials and does not include reuse, repair,
20or any other process through which eligible mercury-added lamps are returned for
21use by households in their original form.
AB744,5,2322 (h) "Retailer" means any person engaged in the retail sale of mercury-added
23lamps to persons in this state.
AB744,5,2524 (i) "Sell" means sell to a household, offer to sell to a household, or deliver to a
25retailer for subsequent sale to a household.
AB744,6,4
1(2) Manufacturer requirements. (a) Except as provided under par. (c),
2beginning on January 1, 2014, a manufacturer who sells, or who has sold,
3mercury-added lamps to households in this state, may not conduct business in this
4state unless all of the following apply:
AB744,6,65 1. The manufacturer has filed an annual registration with the department in
6the form and manner required by the department by rule.
AB744,6,77 2. The manufacturer has paid the fees required under sub. (8).
AB744,6,98 3. The manufacturer has fully implemented an approved recycling plan under
9sub. (6).
AB744,6,1110 (b) The registration required under par. (a) 1. shall include the annual report
11required under sub. (7).
AB744,6,1512 (c) The requirements under this subsection do not apply to a manufacturer if
13the manufacturer has not sold any mercury-added lamps to households in this state
14for 10 consecutive years and does not resume such sales upon expiration of that
1510-year period.
AB744,6,20 16(3) Plan submission. (a) To comply with sub. (2), a manufacturer whose
17mercury-added lamps are or were sold in this state shall submit a recycling plan to
18the department that establishes a program for recycling, or arranging for recycling,
19mercury-added lamps derived from households. The plan shall do all of the
20following:
AB744,6,2521 1. Establish collection locations throughout this state at which mercury-added
22lamps derived from households may be deposited without cost to the household or
23owner of the collection site. The plan shall provide that the manufacturer shall
24establish at least one collection site for each 10,000 residents in each county that has
25a population of fewer than 30,000 residents.
AB744,7,3
12. Include any information required by the department about collection sites
2established by the manufacturer and about the persons who collect and recycle the
3manufacturer's mercury-added lamps under the plan.
AB744,7,54 3. Include a description of the action taken by the manufacturer to ensure that
5collectors comply with the requirements of ch. NR 673, Wis. Adm. Code.
AB744,7,86 4. Include a public education component to provide information about the
7reasons to recycle, local opportunities for recycling, and the safe storage and
8handling of used mercury-added lamps derived from households.
AB744,7,139 5. Establish a procedure for the delivery of mercury-added lamps derived from
10households, in containers approved by the department, from collection locations to
11a recycler. The department may not approve a container under this subdivision
12unless the department determines that the container is designed to prevent the
13escape of mercury into the environment by volatilization or other means.
AB744,7,1614 (b) Paragraph (a) does not apply to a manufacturer if the manufacturer has not
15sold mercury-added lamps to households in this state for 10 consecutive years and
16does not resume such sales upon expiration of that 10-year period.
AB744,7,2017 (c) A manufacturer may establish a recycling program under this subsection
18jointly with other manufacturers and may participate with other manufacturers in
19creating an entity to collect and recycle mercury-added lamps derived from
20households.
AB744,7,2421 (d) The department may require a manufacturer to submit a revised plan under
22this subsection consistent with any recommendations contained in the
23manufacturer's report under sub. (7) for increasing the weight of mercury-added
24lamps recycled under the manufacturer's plan.
AB744,8,3
1(e) The department shall publish each plan submitted under this subsection
2as a class 1 notice under ch. 985 and shall make the plan available on the
3department's Internet site.
AB744,8,11 4(4) Plan review. The department shall review a plan submitted under sub. (3)
5within 3 months of its submission to determine whether the plan complies with the
6requirements of sub. (3). Within 30 days after completing its review, the department
7shall notify a manufacturer of any deficiencies in the manufacturer's plan. If an
8original or modified plan complies with the requirements of sub. (3), the department
9shall approve the plan. If a manufacturer fails to remedy deficiencies in the
10manufacturer's original or modified plan by a deadline set by the department, the
11department shall disapprove the plan.
AB744,8,14 12(5) Goal. The department shall approve plans under sub. (4) with a goal of
13achieving by January 1, 2016, an average yearly recycling rate of 70 percent of the
14total weight of mercury-added lamps sold to households in this state.
AB744,8,18 15(6) Plan implementation. Upon approval under sub. (4) of a manufacturer's
16plan, the manufacturer shall implement the plan. A manufacturer shall fully
17implement its plan no more than 12 months after the department approves the plan
18under sub. (4).
AB744,8,21 19(7) Annual report requirement. Within 12 months of approval of its plan and
20annually thereafter, a manufacturer shall submit a report to the department that
21includes all of the following:
AB744,8,2322 (a) The total weight of mercury-added lamps derived from households that the
23manufacturer recycled under the plan in the previous year.
AB744,9,3
1(b) The estimated total weight of the manufacturer's mercury-added lamps
2that were sold to households in the previous year and the methodology used for
3estimating that number.
AB744,9,44 (c) An evaluation of the effectiveness of the manufacturer's plan.
AB744,9,65 (d) An accounting of the costs associated with administering the plan in the
6previous year.
AB744,9,107 (e) A description of any changes proposed to be made to the manufacturer's plan
8to increase the weight of mercury-added lamps collected from households for
9recycling including changes to collection site locations and recyclers to whom the
10manufacturer delivers, or has delivered, mercury-added lamps for recycling.
AB744,9,16 11(8) Fee. Upon submission of a plan under sub. (3), and annually with a
12registration filed under sub. (2), a manufacturer shall pay a recycling administration
13fee of $5,000 to the department. This subsection does not apply to a manufacturer
14if the manufacturer has not sold any mercury-added lamps to households in this
15state for 10 consecutive years and does not resume such sales upon expiration of that
1610-year period.
AB744,9,20 17(9) Retailers. Beginning on July 1, 2014, a retailer may not sell or offer to sell
18a mercury-added lamp produced by a manufacturer unless, before making the first
19offer for sale, the retailer has determined that the manufacturer is on the list
20maintained by the department under s. 287.03 (1) (g).
AB744,9,24 21(10) Cooperation. The department shall encourage communication between
22local governments, persons operating solid waste collection and recycling centers,
23and manufacturers to promote cooperation in establishing and maintaining effective
24methods for recycling mercury-added lamps derived from households.
AB744,10,10
1(11) Report. On or before January 1, 2016, the department shall submit a
2report to the appropriate standing committees of the legislature under s. 13.172 (3)
3of the statutes on the recycling of mercury-added lamps under this section for the
4period beginning immediately after the date of submission of the report under 2011
5Wisconsin Act .... (this act), section 10 (1). The report shall include the information
6required for the report specified under 2011 Wisconsin Act .... (this act), section 10
7(1). The report shall also contain an assessment of whether the goal under sub. (5)
8has been met. If the assessment in the report provides that the goal has not been met,
9the report shall include recommendations for revising mercury-added lamp
10collection and recycling procedures to achieve that goal.
AB744, s. 8 11Section 8. 287.165 of the statutes is created to read:
AB744,10,13 12287.165 Mercury-added thermostat recycling. (1) Definitions. In this
13section:
AB744,10,1614 (a) "Contractor" means a person who is engaged in the business of installing
15heating, ventilating, or air-conditioning components or in the business of
16demolishing buildings.
AB744,10,1917 (b) "Manufacturer" means a person who produces or produced mercury-added
18thermostats for sale under its own brand or who sells or sold under its own brand
19mercury-added thermostats produced by another.
AB744,10,2020 (c) "Mercury-added thermostat" has the meaning given in s. 299.49 (1) (b).
AB744,10,2221 (d) "Registered collector" means a person who collects mercury-added
22thermostats and who is registered under sub. (6) (c) 1.
AB744,10,2423 (e) "Retailer" means a person who sells thermostats to homeowners and other
24individuals who are not wholesalers or contractors.
AB744,11,3
1(f) "Thermostat" means a product or device that senses and controls room
2temperature through communication with heating, ventilating, or air-conditioning
3equipment.
AB744,11,54 (g) "Wholesaler" means a person who is engaged in the distribution and sale
5of heating, ventilating, or air-conditioning components to contractors.
AB744,11,8 6(2) Manufacturer responsibility. A manufacturer who sold or distributed
7mercury-added thermostats in this state shall do all of the following, individually
8or in conjunction with other manufacturers:
AB744,11,129 (a) No later than the first day of the 13th month beginning after the effective
10date of this paragraph .... [LRB inserts date], submit to the department a plan for a
11program to collect and recycle mercury-added thermostats that includes all of the
12following:
AB744,11,1513 1. Education and outreach for wholesalers, retailers, contractors, and
14homeowners, including the provision of education and outreach materials to
15wholesalers and retailers at no cost.
AB744,11,1716 2. Provisions to ensure the collection and recycling of mercury-added
17thermostats in accordance with ch. NR 673, Wis. Adm. Code.
AB744,11,2018 3. The furnishing of containers to wholesalers for returning mercury-added
19thermostats for recycling at no cost other than an initial, reasonable fee per
20container.
AB744,11,2321 4. The furnishing of containers to registered collectors for returning
22mercury-added thermostats for recycling, at no cost other than an initial, reasonable
23fee per container.
AB744,12,3
15. A financial incentive of at least $5 per thermostat for the return of
2mercury-added thermostats by a contractor to a wholesaler, in the form of cash or
3a coupon that is redeemable for cash by the contractor.
AB744,12,64 6. A financial incentive of at least $5 per thermostat for the return of
5mercury-added thermostats by a homeowner or other individual who is not a
6contractor to a registered collector, in one of the following forms:
AB744,12,77 a. Cash.
AB744,12,88 b. A coupon that is redeemable for cash by the homeowner or other individual.
AB744,12,109 c. If the registered collector is a retailer, a coupon that may be used toward the
10purchase of any merchandise from the retailer.
AB744,12,1411 (b) No later than the first day of the 19th month beginning after the effective
12date of this paragraph .... [LRB inserts date], implement a program for the collection
13and recycling of mercury-added thermostats in accordance with a plan under par.
14(a) that is approved by the department under sub. (6) (b).
AB744,12,1815 (c) No later than the first day of the 4th month beginning after the effective date
16of this paragraph .... [LRB inserts date], submit to the department a report
17containing data showing its national sales of mercury-added thermostats for each
18year from 1958 to the year before the year in which the report is due.
AB744,12,2019 (d) No later than April 1 annually, beginning in 2015, submit to the department
20a report that includes all of the following:
AB744,12,2321 1. The number of mercury-added thermostats collected and recycled under the
22manufacturer's collection and recycling program during the previous year in the
23United States and in each state.
AB744,13,3
12. The estimated amount of mercury contained in the mercury-added
2thermostats collected and recycled under the manufacturer's collection and recycling
3program during the previous year in the United States and in each state.
AB744,13,54 3. The administrative costs associated with the manufacturer's collection and
5recycling program during the previous year.
AB744,13,76 4. An evaluation of the effectiveness of the manufacturer's collection and
7recycling program.
AB744,13,88 (e) Annually pay the fee specified by the department under sub. (6) (em).
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