The sale, collection, and recycling of mercury-added lamps and thermostats, the disposal of mercury-added products, granting rule-making authority, making an appropriation, and providing a penalty

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.