LRB-3550/1
RNK&RCT:kjf:rs
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.
AB744,1,5
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
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 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
$5,000.
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
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.