"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.

Sec. 3   RCW 70.95M.010 and 2003 c 260 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Automotive mercury switch" includes a convenience switch, such as a switch for a trunk or hood light, and a mercury switch in antilock brake systems.
     (2) "Bulk mercury" includes any elemental, nonamalgamated mercury, regardless of volume quantity or weight.
     (3) "Department" means the department of ecology.
     (((3))) (4) "Director" means the director of the department of ecology.
     (((4))) (5) "Health care facility" includes a hospital, nursing home, extended care facility, long-term care facility, clinical or medical laboratory, state or private health or mental institution, clinic, physician's office, or health maintenance organization.
     (((5))) (6) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a mercury-added product or an importer or domestic distributor of a mercury-added product produced in a foreign country. In the case of a multicomponent product containing mercury, the manufacturer is the last manufacturer to produce or assemble the product. If the multicomponent product or mercury-added product is produced in a foreign country, the manufacturer is the first importer or domestic distributor.
     (((6))) (7) "Mercury-added button-cell battery" means a button-cell battery to which the manufacturer intentionally introduces mercury for the operation of the battery.
     (((7))) (8) "Mercury-added novelty" means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel, and other similar products. Mercury-added novelty does not include games, toys, or products that require a button-cell or lithium battery, liquid crystal display screens, or a lamp that contains mercury.
     (((8))) (9) "Mercury-added product" means a product, commodity, or chemical, or a product with a component that contains mercury or a mercury compound intentionally added to the product, commodity, or chemical in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. Mercury-added products include, but are not limited to, mercury thermometers, mercury thermostats, and mercury switches in motor vehicles.
     (((9))) (10) "Mercury manometer" means a mercury-added product that is used for measuring blood pressure.
     (((10))) (11) "Mercury thermometer" means a mercury-added product that is used for measuring temperature.
     (((11))) (12) "Retailer" means a retailer of a mercury-added product.

Sec. 4   RCW 70.95M.050 and 2003 c 260 s 6 are each amended to read as follows:
     (1) Effective January 1, 2006, no person may sell, offer for sale, or distribute for sale or use in this state a mercury-added novelty. A manufacturer of mercury-added novelties must notify all retailers that sell the product about the provisions of this section and how to properly dispose of any remaining mercury-added novelty inventory.
     (2)(a) Effective January 1, 2006, no person may sell, offer for sale, or distribute for sale or use in this state a manometer used to measure blood pressure or a thermometer that contains mercury. This subsection (2)(a) does not apply to:
     (i) An electronic thermometer with a button-cell battery containing mercury;
     (ii) A thermometer that contains mercury and that is used for food research and development or food processing, including meat, dairy products, and pet food processing;
     (iii) A thermometer that contains mercury and that is a component of an animal agriculture climate control system or industrial measurement system or for veterinary medicine until such a time as the system is replaced or a nonmercury component for the system or application is available;
     (iv) A thermometer or manometer that contains mercury that is used for calibration of other thermometers, manometers, apparatus, or equipment, unless a nonmercury calibration standard is approved for the application by the national institute of standards and technology;
     (v) A thermometer that is provided by prescription. A manufacturer of a mercury thermometer shall supply clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur; or
     (vi) A manometer or thermometer sold or distributed to a hospital, or a health care facility controlled by a hospital, if the hospital has adopted a plan for mercury reduction consistent with the goals of the mercury chemical action plan developed by the department under section 302, chapter 371, Laws of 2002.
     (b) A manufacturer of thermometers that contain mercury must notify all retailers that sell the product about the provisions of this section and how to properly dispose of any remaining thermometer inventory.
     (3) Effective January 1, 2006, no person may sell, install, or reinstall a commercial or residential thermostat that contains mercury unless the manufacturer of the thermostat conducts or participates in a thermostat recovery or recycling program designed to assist contractors in the proper disposal of thermostats that contain mercury in accordance with 42 U.S.C. Sec. 6901, et seq., the federal resource conservation and recovery act.
     (4) No person may sell, offer for sale, or distribute for sale or use in this state a motor vehicle manufactured after January 1, 2006, if the motor vehicle contains an automotive mercury switch.
     (5) Nothing in this section restricts the ability of a manufacturer, importer, or domestic distributor from transporting products through the state, or storing products in the state for later distribution outside the state.
     (6) Effective June 30, 2011, the sale or purchase and delivery of bulk mercury is prohibited, including sales through the internet or sales by private parties. However, the prohibition in this subsection does not apply to immediate dangerous waste recycling facilities or treatment, storage, and disposal facilities as approved by the department and sales to research facilities or industrial facilities that provide products or services to entities exempted from this chapter. The facilities described in this subsection must submit an inventory of their purchase and use of bulk mercury to the department on an annual basis, as well as any mercury waste generated from such actions.

NEW SECTION.  Sec. 5   A new section is added to chapter 70.95M RCW to read as follows:
     (1) All mercury-added products, including mercury-containing lights, collected for recycling must be recycled. Mercury and mercury-bearing residuals from recycling of mercury-added products 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."