AB744: Bill Text

AB744,5,15 (f) "Recycler" means a person who accepts mercury-added lamps for recycling.

AB744,5,21 (g) "Recycling" means preparing mercury-added lamps for use in manufacturing processes or for recovery of useable materials and delivering the materials for use. "Recycling" does not include destruction by incineration or other processes or land disposal of recyclable materials and does not include reuse, repair, or any other process through which eligible mercury-added lamps are returned for use by households in their original form.

AB744,5,23 (h) "Retailer" means any person engaged in the retail sale of mercury-added lamps to persons in this state.

AB744,5,25 (i) "Sell" means sell to a household, offer to sell to a household, or deliver to a retailer for subsequent sale to a household.

AB744,6,4 (2) Manufacturer requirements. (a) Except as provided under par. (c), beginning on January 1, 2014, a manufacturer who sells, or who has sold, mercury-added lamps to households in this state, may not conduct business in this state unless all of the following apply:

AB744,6,6 1. The manufacturer has filed an annual registration with the department in the form and manner required by the department by rule.

AB744,6,7 2. The manufacturer has paid the fees required under sub. (8).

AB744,6,9 3. The manufacturer has fully implemented an approved recycling plan under sub. (6).

AB744,6,11 (b) The registration required under par. (a) 1. shall include the annual report required under sub. (7).

AB744,6,15 (c) The requirements under this subsection do not apply to a manufacturer if the manufacturer has not sold any mercury-added lamps to households in this state for 10 consecutive years and does not resume such sales upon expiration of that 10-year period.

AB744,6,20 (3) Plan submission. (a) To comply with sub. (2), a manufacturer whose mercury-added lamps are or were sold in this state shall submit a recycling plan to the department that establishes a program for recycling, or arranging for recycling, mercury-added lamps derived from households. The plan shall do all of the following:

AB744,6,25 1. Establish collection locations throughout this state at which mercury-added lamps derived from households may be deposited without cost to the household or owner of the collection site. The plan shall provide that the manufacturer shall establish at least one collection site for each 10,000 residents in each county that has a population of fewer than 30,000 residents.

AB744,7,3 2. Include any information required by the department about collection sites established by the manufacturer and about the persons who collect and recycle the manufacturer's mercury-added lamps under the plan.

AB744,7,5 3. Include a description of the action taken by the manufacturer to ensure that collectors comply with the requirements of ch. NR 673, Wis. Adm. Code.

AB744,7,8 4. Include a public education component to provide information about the reasons to recycle, local opportunities for recycling, and the safe storage and handling of used mercury-added lamps derived from households.

AB744,7,13 5. Establish a procedure for the delivery of mercury-added lamps derived from households, in containers approved by the department, from collection locations to a recycler. The department may not approve a container under this subdivision unless the department determines that the container is designed to prevent the escape of mercury into the environment by volatilization or other means.

AB744,7,16 (b) Paragraph (a) does not apply to a manufacturer if the manufacturer has not sold mercury-added lamps to households in this state for 10 consecutive years and does not resume such sales upon expiration of that 10-year period.

AB744,7,20 (c) A manufacturer may establish a recycling program under this subsection jointly with other manufacturers and may participate with other manufacturers in creating an entity to collect and recycle mercury-added lamps derived from households.

AB744,7,24 (d) The department may require a manufacturer to submit a revised plan under this subsection consistent with any recommendations contained in the manufacturer's report under sub. (7) for increasing the weight of mercury-added lamps recycled under the manufacturer's plan.

AB744,8,3 (e) The department shall publish each plan submitted under this subsection as a class 1 notice under ch. 985 and shall make the plan available on the department's Internet site.

AB744,8,11 (4) Plan review. The department shall review a plan submitted under sub. (3) within 3 months of its submission to determine whether the plan complies with the requirements of sub. (3). Within 30 days after completing its review, the department shall notify a manufacturer of any deficiencies in the manufacturer's plan. If an original or modified plan complies with the requirements of sub. (3), the department shall approve the plan. If a manufacturer fails to remedy deficiencies in the manufacturer's original or modified plan by a deadline set by the department, the department shall disapprove the plan.

AB744,8,14 (5) Goal. The department shall approve plans under sub. (4) with 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.

AB744,8,18 (6) Plan implementation. Upon approval under sub. (4) of a manufacturer's plan, the manufacturer shall implement the plan. A manufacturer shall fully implement its plan no more than 12 months after the department approves the plan under sub. (4).

AB744,8,21 (7) Annual report requirement. Within 12 months of approval of its plan and annually thereafter, a manufacturer shall submit a report to the department that includes all of the following:

AB744,8,23 (a) The total weight of mercury-added lamps derived from households that the manufacturer recycled under the plan in the previous year.

AB744,9,3 (b) The estimated total weight of the manufacturer's mercury-added lamps that were sold to households in the previous year and the methodology used for estimating that number.

AB744,9,4 (c) An evaluation of the effectiveness of the manufacturer's plan.

AB744,9,6 (d) An accounting of the costs associated with administering the plan in the previous year.

AB744,9,10 (e) A description of any changes proposed to be made to the manufacturer's plan to increase the weight of mercury-added lamps collected from households for recycling including changes to collection site locations and recyclers to whom the manufacturer delivers, or has delivered, mercury-added lamps for recycling.

AB744,9,16 (8) Fee. Upon submission of a plan under sub. (3), and annually with a registration filed under sub. (2), a manufacturer shall pay a recycling administration fee of $5,000 to the department. This subsection does not apply to a manufacturer if the manufacturer has not sold any mercury-added lamps to households in this state for 10 consecutive years and does not resume such sales upon expiration of that 10-year period.

AB744,9,20 (9) Retailers. Beginning on July 1, 2014, a retailer may not sell or offer to sell a mercury-added lamp produced by a manufacturer unless, before making the first offer for sale, the retailer has determined that the manufacturer is on the list maintained by the department under s. 287.03 (1) (g).

AB744,9,24 (10) Cooperation. The department shall encourage communication between local governments, persons operating solid waste collection and recycling centers, and manufacturers to promote cooperation in establishing and maintaining effective methods for recycling mercury-added lamps derived from households.

AB744,10,10 (11) Report. On or before January 1, 2016, the department shall submit a report to the appropriate standing committees of the legislature under s. 13.172 (3) of the statutes on the recycling of mercury-added lamps under this section for the period beginning immediately after the date of submission of the report under 2011 Wisconsin Act .... (this act), section 10 (1). The report shall include the information required for the report specified under 2011 Wisconsin Act .... (this act), section 10 (1). The report shall also contain an assessment of whether the goal under sub. (5) has been met. If the assessment in the report provides that the goal has not been met, the report shall include recommendations for revising mercury-added lamp collection and recycling procedures to achieve that goal.

AB744, s. 8 Section 8. 287.165 of the statutes is created to read:

AB744,10,13 287.165 Mercury-added thermostat recycling. (1) Definitions. In this section:

AB744,10,16 (a) "Contractor" means a person who is engaged in the business of installing heating, ventilating, or air-conditioning components or in the business of demolishing buildings.

AB744,10,19 (b) "Manufacturer" means a person who produces or produced mercury-added thermostats for sale under its own brand or who sells or sold under its own brand mercury-added thermostats produced by another.

AB744,10,20 (c) "Mercury-added thermostat" has the meaning given in s. 299.49 (1) (b).

AB744,10,22 (d) "Registered collector" means a person who collects mercury-added thermostats and who is registered under sub. (6) (c) 1.

AB744,10,24 (e) "Retailer" means a person who sells thermostats to homeowners and other individuals who are not wholesalers or contractors.

AB744,11,3 (f) "Thermostat" means a product or device that senses and controls room temperature through communication with heating, ventilating, or air-conditioning equipment.

AB744,11,5 (g) "Wholesaler" means a person who is engaged in the distribution and sale of heating, ventilating, or air-conditioning components to contractors.

AB744,11,8 (2) Manufacturer responsibility. A manufacturer who sold or distributed mercury-added thermostats in this state shall do all of the following, individually or in conjunction with other manufacturers:

AB744,11,12 (a) No later than the first day of the 13th month beginning after the effective date of this paragraph .... [LRB inserts date], submit to the department a plan for a program to collect and recycle mercury-added thermostats that includes all of the following:

AB744,11,15 1. Education and outreach for wholesalers, retailers, contractors, and homeowners, including the provision of education and outreach materials to wholesalers and retailers at no cost.

AB744,11,17 2. Provisions to ensure the collection and recycling of mercury-added thermostats in accordance with ch. NR 673, Wis. Adm. Code.

AB744,11,20 3. The furnishing of containers to wholesalers for returning mercury-added thermostats for recycling at no cost other than an initial, reasonable fee per container.

AB744,11,23 4. The furnishing of containers to registered collectors for returning mercury-added thermostats for recycling, at no cost other than an initial, reasonable fee per container.

AB744,12,3 5. A financial incentive of at least $5 per thermostat for the return of mercury-added thermostats by a contractor to a wholesaler, in the form of cash or a coupon that is redeemable for cash by the contractor.

AB744,12,6 6. A financial incentive of at least $5 per thermostat for the return of mercury-added thermostats by a homeowner or other individual who is not a contractor to a registered collector, in one of the following forms:

AB744,12,7 a. Cash.

AB744,12,8 b. A coupon that is redeemable for cash by the homeowner or other individual.

AB744,12,10 c. If the registered collector is a retailer, a coupon that may be used toward the purchase of any merchandise from the retailer.

AB744,12,14 (b) No later than the first day of the 19th month beginning after the effective date of this paragraph .... [LRB inserts date], implement a program for the collection and recycling of mercury-added thermostats in accordance with a plan under par. (a) that is approved by the department under sub. (6) (b).

AB744,12,18 (c) No later than the first day of the 4th month beginning after the effective date of this paragraph .... [LRB inserts date], submit to the department a report containing data showing its national sales of mercury-added thermostats for each year from 1958 to the year before the year in which the report is due.

AB744,12,20 (d) No later than April 1 annually, beginning in 2015, submit to the department a report that includes all of the following:

AB744,12,23 1. The number of mercury-added thermostats collected and recycled under the manufacturer's collection and recycling program during the previous year in the United States and in each state.

AB744,13,3 2. The estimated amount of mercury contained in the mercury-added thermostats collected and recycled under the manufacturer's collection and recycling program during the previous year in the United States and in each state.

AB744,13,5 3. The administrative costs associated with the manufacturer's collection and recycling program during the previous year.

AB744,13,7 4. An evaluation of the effectiveness of the manufacturer's collection and recycling program.

AB744,13,8 (e) Annually pay the fee specified by the department under sub. (6) (em).

AB744,13,11 (3) Wholesaler responsibility. Beginning on the first day of the 20th month beginning after the effective date of this subsection .... [LRB inserts date], a wholesaler may not sell or distribute any thermostat unless all of the following apply:

AB744,13,12 1. The wholesaler collects mercury-added thermostats.

AB744,13,15 2. The wholesaler promotes the collection of mercury-added thermostats and uses collection containers provided by manufacturers to return mercury-added thermostats for recycling.

AB744,13,20 (4) Retailer responsibility. Beginning on the first day of the 20th month beginning after the effective date of this subsection .... [LRB inserts date], a retailer may not sell any thermostat unless the retailer participates in an education and outreach program to educate consumers on the collection of mercury-added thermostats.

AB744,13,24 (5) Contractor responsibility. (a) Beginning on the first day of the 20th month beginning after the effective date of this paragraph .... [LRB inserts date], before a contractor demolishes a building containing a mercury-added thermostat, the contractor shall remove the mercury-added thermostat.

AB744,14,4 (b) Beginning on the first day of the 20th month beginning after the effective date of this paragraph .... [LRB inserts date], a contractor who removes a mercury-added thermostat under par. (a) or replaces a mercury-added thermostat shall deliver the mercury-added thermostat to a wholesaler or a registered collector.

AB744,14,7 (5m) Registration required. (a) No person, other than a wholesaler, may collect mercury-added thermostats unless the person is registered under sub. (6) (c) 1.

AB744,14,9 (b) No person may recycle mercury-added thermostats unless the person is registered under sub. (6) (c) 2.

AB744,14,13 (6) Department responsibility and authority. (a) The department shall provide public notice when it receives a plan under sub. (2) from a manufacturer. The department shall receive public comment on the plan for at least 30 days after it provides the notice.

AB744,14,21 (b) The department shall review a plan received under sub. (2). Within 60 days after receiving a complete plan, the department shall approve, approve with modifications, or disapprove the plan. In reviewing a plan, the department may consider consistency of the plan with collection and financial incentive requirements in other states and may consider consistency among manufacturers' collection programs. The department shall ensure consistency among manufacturers' education and outreach efforts to ensure ease of implementation by wholesalers and retailers.

AB744,14,24 (c) 1. The department shall register retailers, local governmental units, and other entities that wish to collect mercury-added thermostats. There is no fee for registration under this subdivision.

AB744,15,2 2. The department shall register recyclers that wish to recycle mercury-added thermostats. There is no fee for registration under this subdivision.

AB744,15,5 (d) The department shall maintain and post on its Internet site a list of registered collectors, including the locations at which they collect mercury-added thermostats.

AB744,15,7 (e) The department shall maintain and post on its Internet site a list of manufacturers who are not in compliance with this section.

AB744,15,9 (em) The department shall promulgate a rule specifying annual fees to be paid by manufacturers for the administration of the program under this section.

AB744,15,12 (f) The department shall conduct an information and outreach program for wholesalers, retailers, and homeowners to promote the collection and recycling of mercury-added thermostats.

AB744,15,20 (g) Beginning in 2015, the department shall submit to the legislature, under s. 13.172 (2), an annual report on the collection and recycling of mercury-added thermostats in this state, including a description and discussion of available financial incentives and any recommendations for changes in the program under this section. The department shall include in the 2nd and subsequent reports under this paragraph information on collection rates and an evaluation of the effectiveness of mercury-added thermostat collection and recycling programs required by this section.

AB744,15,24 (h) 1. The department, in consultation with manufacturers, wholesalers, retailers, contractors, municipalities, environmental groups, and others, shall estimate the number of mercury-added thermostats that are discarded in this state annually.

AB744,16,6 2. If the department determines, after July 1, 2015, that less than 65 percent of discarded mercury-added thermostats generated in this state are being collected and recycled annually, the department, in consultation with interested persons, shall require manufacturers to modify their plans for the collection and recycling of mercury-added thermostats to attempt to improve the rate of collection and recycling.

AB744,16,10 (i) The department may inspect manufacturers' records, require audits, or undertake other activities needed to collect or verify data concerning past sales of mercury-added thermostats or to determine the effectiveness of collection and recycling programs.

AB744,16,13 (7) Restriction on sales of thermostats. (a) 1. The department shall notify a manufacturer if the department determines that the manufacturer is not in compliance with this section.

AB744,16,15 2. If the department determines that a manufacturer is not in compliance with this section, the manufacturer may not sell or distribute any thermostat in this state.

AB744,16,17 (b) A wholesaler or retailer may not sell any thermostat of a manufacturer not in compliance with this section, as shown on the list posted under sub. (6) (e).