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).
AB744,13,11 9(3) Wholesaler responsibility. Beginning on the first day of the 20th month
10beginning after the effective date of this subsection .... [LRB inserts date], a
11wholesaler may not sell or distribute any thermostat unless all of the following apply:
AB744,13,1212 1. The wholesaler collects mercury-added thermostats.
AB744,13,1513 2. The wholesaler promotes the collection of mercury-added thermostats and
14uses collection containers provided by manufacturers to return mercury-added
15thermostats for recycling.
AB744,13,20 16(4) Retailer responsibility. Beginning on the first day of the 20th month
17beginning after the effective date of this subsection .... [LRB inserts date], a retailer
18may not sell any thermostat unless the retailer participates in an education and
19outreach program to educate consumers on the collection of mercury-added
20thermostats.
AB744,13,24 21(5) Contractor responsibility. (a) Beginning on the first day of the 20th
22month beginning after the effective date of this paragraph .... [LRB inserts date],
23before a contractor demolishes a building containing a mercury-added thermostat,
24the contractor shall remove the mercury-added thermostat.
AB744,14,4
1(b) Beginning on the first day of the 20th month beginning after the effective
2date of this paragraph .... [LRB inserts date], a contractor who removes a
3mercury-added thermostat under par. (a) or replaces a mercury-added thermostat
4shall deliver the mercury-added thermostat to a wholesaler or a registered collector.
AB744,14,7 5(5m) Registration required. (a) No person, other than a wholesaler, may
6collect mercury-added thermostats unless the person is registered under sub. (6) (c)
71.
AB744,14,98 (b) No person may recycle mercury-added thermostats unless the person is
9registered under sub. (6) (c) 2.
AB744,14,13 10(6) Department responsibility and authority. (a) The department shall
11provide public notice when it receives a plan under sub. (2) from a manufacturer. The
12department shall receive public comment on the plan for at least 30 days after it
13provides the notice.
AB744,14,2114 (b) The department shall review a plan received under sub. (2). Within 60 days
15after receiving a complete plan, the department shall approve, approve with
16modifications, or disapprove the plan. In reviewing a plan, the department may
17consider consistency of the plan with collection and financial incentive requirements
18in other states and may consider consistency among manufacturers' collection
19programs. The department shall ensure consistency among manufacturers'
20education and outreach efforts to ensure ease of implementation by wholesalers and
21retailers.
AB744,14,2422 (c) 1. The department shall register retailers, local governmental units, and
23other entities that wish to collect mercury-added thermostats. There is no fee for
24registration under this subdivision.
AB744,15,2
12. The department shall register recyclers that wish to recycle mercury-added
2thermostats. There is no fee for registration under this subdivision.
AB744,15,53 (d) The department shall maintain and post on its Internet site a list of
4registered collectors, including the locations at which they collect mercury-added
5thermostats.
AB744,15,76 (e) The department shall maintain and post on its Internet site a list of
7manufacturers who are not in compliance with this section.
AB744,15,98 (em) The department shall promulgate a rule specifying annual fees to be paid
9by manufacturers for the administration of the program under this section.
AB744,15,1210 (f) The department shall conduct an information and outreach program for
11wholesalers, retailers, and homeowners to promote the collection and recycling of
12mercury-added thermostats.
AB744,15,2013 (g) Beginning in 2015, the department shall submit to the legislature, under
14s. 13.172 (2), an annual report on the collection and recycling of mercury-added
15thermostats in this state, including a description and discussion of available
16financial incentives and any recommendations for changes in the program under this
17section. The department shall include in the 2nd and subsequent reports under this
18paragraph information on collection rates and an evaluation of the effectiveness of
19mercury-added thermostat collection and recycling programs required by this
20section.
AB744,15,2421 (h) 1. The department, in consultation with manufacturers, wholesalers,
22retailers, contractors, municipalities, environmental groups, and others, shall
23estimate the number of mercury-added thermostats that are discarded in this state
24annually.
AB744,16,6
12. If the department determines, after July 1, 2015, that less than 65 percent
2of discarded mercury-added thermostats generated in this state are being collected
3and recycled annually, the department, in consultation with interested persons,
4shall require manufacturers to modify their plans for the collection and recycling of
5mercury-added thermostats to attempt to improve the rate of collection and
6recycling.
AB744,16,107 (i) The department may inspect manufacturers' records, require audits, or
8undertake other activities needed to collect or verify data concerning past sales of
9mercury-added thermostats or to determine the effectiveness of collection and
10recycling programs.
AB744,16,13 11(7) Restriction on sales of thermostats. (a) 1. The department shall notify
12a manufacturer if the department determines that the manufacturer is not in
13compliance with this section.
AB744,16,1514 2. If the department determines that a manufacturer is not in compliance with
15this section, the manufacturer may not sell or distribute any thermostat in this state.
AB744,16,1716 (b) A wholesaler or retailer may not sell any thermostat of a manufacturer not
17in compliance with this section, as shown on the list posted under sub. (6) (e).
AB744, s. 9 18Section 9. 287.95 (1) of the statutes is amended to read:
AB744,16,2219 287.95 (1) Any person who violates s. 287.07 (1m) or, (4m) or, (5), or (6) may be
20required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd
21violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent
22violation.
AB744, s. 10 23Section 10 . Nonstatutory provisions.
AB744,17,324 (1) On or before January 1, 2014, the department of natural resources shall
25submit a report to the appropriate standing committees of the legislature in the

1manner provided under section 13.172 (3) of the statutes on the recycling of
2mercury-added lamps derived from households. The report shall include all of the
3following:
AB744,17,64 (a) An assessment of the costs of implementing the requirements of section
5287.16 of the statutes, as created by this act, to manufacturers, consumers, and local
6governmental units.
AB744,17,117 (b) After consulting with manufacturers of mercury-added lamps derived from
8households and with persons who receive mercury-added lamps derived from
9households and deliver, or arrange for the delivery of, those lamps to a recycler,
10recommendations for streamlining the recycling of mercury-added lamps derived
11from households.
AB744,17,1412 (c) A review and assessment of education and outreach methods that, if
13implemented by manufacturers, would improve the rate of recycling of
14mercury-added lamps derived from households.
AB744,17,1515 (End)
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