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2013 - 2014 LEGISLATURE
October 17, 2013 - Introduced by Representatives C. Taylor, Bernard Schaber,
Bewley, Berceau, Clark, Danou, Goyke, Hebl, Hesselbein, Johnson,
Jorgensen, Kahl, Milroy, Ohnstad, Pope, Ringhand, Sargent, Shankland,
Wachs and Young, cosponsored by Senators Miller, Schultz, Carpenter,
Erpenbach, Hansen, Harris, Jauch, Lassa, Lehman, Risser, Wirch and T.
Cullen
. Referred to Committee on Environment and Forestry.
AB424,1,5 1An Act to amend 287.95 (1); and to create 20.370 (2) (ht), 25.46 (23), 287.07 (6)
2and 287.165 of the statutes; relating to: the sale, collection, and recycling of
3mercury-added thermostats, the disposal of mercury-added products,
4granting rule-making authority, making an appropriation, and providing a
5penalty.
Analysis by the Legislative Reference Bureau
Recycling 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 the Department of Natural Resources (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:
AB424,1 1Section 1. 20.370 (2) (ht) of the statutes is created to read:
AB424,2,42 20.370 (2) (ht) Mercury-added thermostat recycling. From the environmental
3fund, all moneys received under s. 287.165 (2) (e) for administration of the
4mercury-added thermostat recycling program under s. 287.165.
AB424,2 5Section 2. 25.46 (23) of the statutes is created to read:
AB424,2,66 25.46 (23) The moneys received under s. 287.165 (2) (e).
AB424,3 7Section 3. 287.07 (6) of the statutes is created to read:
AB424,2,98 287.07 (6) Mercury-added products. (a) In this subsection, "mercury-added
9product" has the meaning given in s. 299.49 (1) (a).
AB424,2,1410 (b) Beginning on January 1, 2015, no person may knowingly dispose of a
11mercury-added product in a solid waste disposal facility, burn a mercury-added
12product in a solid waste treatment facility, or place a mercury-added thermostat in
13a container the contents of which will be disposed of in a solid waste disposal facility
14or burned in a solid waste treatment facility.
AB424,3,3
1(c) 1. Beginning on January 1, 2015, the operator of a solid waste disposal
2facility may not knowingly accept a mercury-added product for disposal in the solid
3waste disposal facility.
AB424,3,64 2. Beginning on January 1, 2015, the operator of a solid waste treatment
5facility may not knowingly accept a mercury-added product for burning in the solid
6waste treatment facility.
AB424,4 7Section 4. 287.165 of the statutes is created to read:
AB424,3,9 8287.165 Mercury-added thermostat recycling. (1) Definitions. In this
9section:
AB424,3,1210 (a) "Contractor" means a person who is engaged in the business of installing
11heating, ventilating, or air-conditioning components or in the business of
12demolishing buildings.
AB424,3,1513 (b) "Manufacturer" means a person who produces or produced mercury-added
14thermostats for sale under its own brand or who sells or sold under its own brand
15mercury-added thermostats produced by another.
AB424,3,1616 (c) "Mercury-added thermostat" has the meaning given in s. 299.49 (1) (b).
AB424,3,1817 (d) "Registered collector" means a person who collects mercury-added
18thermostats and who is registered under sub. (6) (c) 1.
AB424,3,2019 (e) "Retailer" means a person who sells thermostats to homeowners and other
20individuals who are not wholesalers or contractors.
AB424,3,2321 (f) "Thermostat" means a product or device that senses and controls room
22temperature through communication with heating, ventilating, or air-conditioning
23equipment.
AB424,3,2524 (g) "Wholesaler" means a person who is engaged in the distribution and sale
25of heating, ventilating, or air-conditioning components to contractors.
AB424,4,3
1(2) Manufacturer responsibility. A manufacturer who sold or distributed
2mercury-added thermostats in this state shall do all of the following, individually
3or in conjunction with other manufacturers:
AB424,4,54 (a) No later than April 30, 2014, submit to the department a plan for a program
5to collect and recycle mercury-added thermostats that includes all of the following:
AB424,4,86 1. Education and outreach for wholesalers, retailers, contractors, and
7homeowners, including the provision of education and outreach materials to
8wholesalers and retailers at no cost.
AB424,4,109 2. Provisions to ensure the collection and recycling of mercury-added
10thermostats in accordance with ch. NR 673, Wis. Adm. Code.
AB424,4,1311 3. The furnishing of containers to wholesalers for returning mercury-added
12thermostats for recycling at no cost other than an initial, reasonable fee per
13container.
AB424,4,1614 4. The furnishing of containers to registered collectors for returning
15mercury-added thermostats for recycling, at no cost other than an initial, reasonable
16fee per container.
AB424,4,1917 5. A financial incentive of at least $5 per thermostat for the return of
18mercury-added thermostats by a contractor to a wholesaler, in the form of cash or
19a coupon that is redeemable for cash by the contractor.
AB424,4,2220 6. A financial incentive of at least $5 per thermostat for the return of
21mercury-added thermostats by a homeowner or other individual who is not a
22contractor to a registered collector, in one of the following forms:
AB424,4,2323 a. Cash.
AB424,4,2424 b. A coupon that is redeemable for cash by the homeowner or other individual.
AB424,5,2
1c. If the registered collector is a retailer, a coupon that may be used toward the
2purchase of any merchandise from the retailer.
AB424,5,53 (b) No later than January 1, 2015, implement a program for the collection and
4recycling of mercury-added thermostats in accordance with a plan under par. (a)
5that is approved by the department under sub. (6) (b).
AB424,5,86 (c) No later than April 30, 2015, submit to the department a report containing
7data showing its national sales of mercury-added thermostats for each year from
81958 to 2014.
AB424,5,109 (d) No later than April 1 annually, beginning in 2016, submit to the department
10a report that includes all of the following:
AB424,5,1311 1. The number of mercury-added thermostats collected and recycled under the
12manufacturer's collection and recycling program during the previous year in the
13United States and in each state.
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