AB744: Bill Text

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).

AB744, s. 9 Section 9. 287.95 (1) of the statutes is amended to read:

AB744,16,22 287.95 (1) Any person who violates s. 287.07 (1m) or, (4m) or, (5), or (6) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.

AB744, s. 10 Section 10 . Nonstatutory provisions.

AB744,17,3 (1) On or before January 1, 2014, the department of natural resources shall submit a report to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes on the recycling of mercury-added lamps derived from households. The report shall include all of the following:

AB744,17,6 (a) An assessment of the costs of implementing the requirements of section 287.16 of the statutes, as created by this act, to manufacturers, consumers, and local governmental units.

AB744,17,11 (b) After consulting with manufacturers of mercury-added lamps derived from households and with persons who receive mercury-added lamps derived from households and deliver, or arrange for the delivery of, those lamps to a recycler, recommendations for streamlining the recycling of mercury-added lamps derived from households.

AB744,17,14 (c) A review and assessment of education and outreach methods that, if implemented by manufacturers, would improve the rate of recycling of mercury-added lamps derived from households.

AB744,17,15 (End)