BILL REQ. #:  S-4230.1 

Read first time 01/30/12.   Referred to Committee on Environment.

     AN ACT Relating to stewardship of household mercury-containing lamps; amending RCW 70.275.030; adding a new section to chapter 70.275 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that additional flexibility may be needed for mercury lamp manufacturers to comply with the requirements of chapter 70.275 RCW in order to provide a sustainable funding mechanism and provide effective state protections to producer-operated programs as contemplated under chapter 70.275 RCW.

Sec. 2   RCW 70.275.030 and 2010 c 130 s 3 are each amended to read as follows:
     (1) Every producer of mercury-containing lights sold in or into Washington state for residential use must fully finance and participate in a product stewardship program for that product, including the department's costs for administering and enforcing this chapter.
     (2) Every producer must:
     (a) Participate in a product stewardship program approved by the department and operated by a product stewardship organization contracted by the department. All producers must finance and participate in the plan operated by the product stewardship organization, unless the producer obtains department approval for an independent plan as described in (b) of this subsection; or
     (b) Finance and operate, either individually or jointly with other producers, a product stewardship program approved by the department.
     (3) A producer, group of producers, product stewardship organization operated by producers, or product stewardship organization contracted by the department is authorized to include financing provisions that include an environmental handling charge passed on to the wholesaler, retailer, or retail customer at the time of sale of the household mercury-containing lamp.
     (4) A producer, group of producers, or product stewardship organization funded by producers must pay all administrative and operational costs associated with their program or programs, except for the collection costs associated with curbside and mail-back collection programs. For curbside and mail-back programs, a producer, group of producers, or product stewardship organization shall finance the costs of transporting mercury-containing lights from accumulation points and for processing mercury-containing lights collected by curbside and mail-back programs. For collection locations, including household hazardous waste facilities, charities, retailers, government recycling sites, or other suitable locations, a producer, group of producers, or product stewardship organization shall finance the costs of collection, transportation, and processing of mercury-containing lights collected at the collection locations.
     (((4))) (5) Product stewardship programs shall collect unwanted mercury-containing lights delivered from covered entities for reuse, recycling, processing, or final disposition, and not charge a fee when lights are dropped off or delivered into the program.
     (((5))) (6) Product stewardship programs shall provide, at a minimum, no cost services in all cities in the state with populations greater than ten thousand and all counties of the state on an ongoing, year-round basis.
     (((6))) (7) All product stewardship programs operated under approved plans must recover their fair share of unwanted covered products as determined by the department.
     (((7))) (8) The department or its designee may inspect, audit, or review audits of processing and disposal facilities used to fulfill the requirements of a product stewardship program.
     (((8))) (9) No product stewardship program required under this chapter may use federal or state prison labor for processing unwanted products.
     (((9))) (10) Product stewardship programs for mercury-containing lights must be fully implemented by January 1, 2013.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.275 RCW to read as follows:
     A producer, group of producers, product stewardship organization operated by producers, or a product stewardship organization contracted by the department preparing, submitting, and implementing a spent household mercury-containing lamp cost-reimbursement program pursuant to this chapter, and lamp retailers, are granted immunity from federal and state antitrust laws for the limited purpose of establishing, implementing, and complying with the requirements of this chapter. The activities of the producer, group of producers, product stewardship organization operated by the producers, or product stewardship organization contracted by the department, and the lamp retailers that implement and comply with the provisions of this chapter, may not be considered to be in restraint of trade, a conspiracy, or combination thereof, or any other unlawful activity in violation of any provisions of federal or state antitrust laws.