"NEW SECTION.  Sec. 1   (1) The department of ecology shall develop recommendations, including legislation, for a convenient and effective mercury-containing light recycling program for residents, small businesses, and small school districts throughout the state that is funded and operated by producers of mercury-containing lights.
     (2) The department of ecology shall involve and consult with stakeholders including persons who represent retailers of mercury-containing lights, waste haulers, mercury-containing light recyclers, mercury-containing light manufacturers, cities, counties, environmental organizations, public interest organizations, and other interested parties that have a role or interest in the recycling of mercury-containing lights.
     (3) The department must consider the following factors in developing recommendations:
     (a) Urban versus rural recycling challenges and issues;
     (b) Involvement of mercury-containing light manufacturers;
     (c) Methods to encourage the return of mercury-containing lights for recycling;
     (d) The impact of the approach on local governments, nonprofit organizations, waste haulers, and other stakeholders;
     (e) Environmentally sound options for managing the mercury; and
     (f) Alternatives that consider the curbside collection infrastructure and system established in chapter 81.77 RCW when developing collection systems for mercury-containing lights.
     (4) The department of ecology must include the following elements in a mercury-containing light recycling program:
     (a) A method to establish recovery goals;
     (b) A convenient collection system for residents, small businesses, and small school districts;
     (c) A processing and disposal system;
     (d) Education and outreach activities, including consumer education programs;
     (e) Monitoring and reporting activities;
     (f) Enforcement responsibilities and penalty assessments;
     (g) A requirement that all producers of mercury-containing lights must participate in a program to recycle mercury-containing lights. Any producer not participating in a recycling program may not sell its product in the state; and
     (h) A requirement that a mercury-containing light recycling program for residents, small businesses, or small school districts not charge a fee when the lights are collected or delivered into the program.
     (5) For the purposes of this section, the following definitions apply:
     (a) "Mercury-containing lights" means lamps, bulbs, tubes, or other devices that contain mercury and provide functional illumination in homes, businesses, and in outdoor stationary fixtures.
     (b) "Producer" means a person that:
     (i) Has, on or after January 1, 2008, legal ownership of the brand, brand name, or cobrand of mercury-containing lights sold in or into Washington state;
     (ii) Imports, on or after January 1, 2008, mercury-containing lights branded by a producer that meets the requirements of (b)(i) of this subsection and where that producer has no physical presence in the United States;
     (iii) If (b)(i) and (ii) of this subsection do not apply, makes or made an unbranded mercury-containing light that is sold or has been sold in or into Washington state; or
     (iv)(A) Sells, on or after January 1, 2008, at wholesale or retail mercury-containing lights; (B) does not have legal ownership of the brand; and (C) elects to fulfill the responsibilities of the producer for that product.
     (6) The department of ecology shall report its findings and recommendations for a recycling program for mercury-containing lights to the appropriate committees of the legislature by December 1, 2009.
     (7) This section expires September 1, 2010.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.95M RCW to read as follows:
     Effective January 1, 2012, all government, commercial, industrial, and retail facilities and office buildings, including public schools serving K-12, must recycle their end-of-life mercury-containing lights. The department must exempt public schools serving K-12 that are not large quantity generators from this requirement until a program is established that provides free recycling for mercury-containing lights.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.95M RCW to read as follows:
     (1) All mercury-containing lights collected for recycling must be recycled. Mercury and mercury-bearing residuals from recycling of mercury-containing lights must be retorted at a facility that has the required permits and licenses.
     (2) Mercury recovered from retorting must be recycled or placed in a properly permitted hazardous waste landfill."