82R7251 JAM-F
By: Burnam H.B. No. 1811
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a program for the collection,
transportation, recycling, and disposal of mercury-containing
lights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 361, Health and Safety Code, is amended
by adding Subchapter P to read as follows:
SUBCHAPTER P. MERCURY-CONTAINING LIGHT COLLECTION PROGRAM
Sec. 361.471. DEFINITIONS. In this subchapter:
(1) "Manufacturer" means a business concern that owns
or owned a name brand of mercury-containing lights sold in this
state.
(2) "Mercury-containing light" means a lamp, bulb,
tube, or other device containing mercury that provides functional
illumination.
(3) "Out-of-service mercury-containing light" means a
mercury-containing light that is removed from a building in this
state and is intended to be discarded.
(4) "Retailer" means a person who sells lights
directly to a consumer through a selling or distribution mechanism,
including a sale using a catalog or the Internet.
(5) "Wholesaler" means a person engaged in the
distribution and wholesale selling of lighting components to
contractors who install lighting components and whose total
wholesale sales account for 80 percent or more of total sales. The
term does not include a manufacturer.
Sec. 361.472. MANUFACTURER PROGRAMS FOR MERCURY-CONTAINING
LIGHTS. (a) A manufacturer shall establish, finance, manage, and
maintain a program for the collection, transportation, recycling,
and disposal of out-of-service mercury-containing lights in
accordance with this subchapter, either individually or
collectively with other manufacturers. Each manufacturer is
responsible for collecting, handling, transporting, and recycling
or disposing of out-of-service mercury-containing lights through a
program in accordance with this subchapter and rules adopted under
this subchapter.
(b) A manufacturer or a group of manufacturers operating a
program collectively may contract with a retailer to provide a
point of collection for out-of-service mercury-containing lights,
either in the retailer's place of business or elsewhere.
Sec. 361.473. COLLECTION BINS. A manufacturer's program
established under Section 361.472 shall:
(1) provide collection bins for out-of-service
mercury-containing light collection to:
(A) wholesalers, at a cost not to exceed $25; and
(B) a local government that requests a collection
bin for use at a household hazardous waste collection facility or a
household hazardous waste event, at no cost to the local
government; and
(2) arrange to:
(A) collect the contents of the collection bins
provided under this section for proper handling, recycling, or
disposal; or
(B) pay the costs of shipping the contents of the
collection bins provided under this section for proper handling,
recycling, or disposal.
Sec. 361.474. PROGRAM EDUCATION AND OUTREACH. (a) A
manufacturer's program established under Section 361.472, in
accordance with commission rules, shall:
(1) make a public service announcement promoting the
proper management of out-of-service mercury-containing lights and
provide copies of the announcement to the commission for its use and
promotion;
(2) establish and provide to the commission the
address of a public Internet website through which visitors can
easily download templates of educational materials;
(3) to encourage greater participation in the proper
management of out-of-service mercury-containing lights throughout
this state, undertake to engage other stakeholders, including
waste, demolition, and lighting organizations and appropriate
state agencies and local governments;
(4) work with electric utilities in this state that
are participating in demand response programs involving lighting
replacement to encourage the utilities' participation in the
collection and proper management of out-of-service
mercury-containing lights;
(5) encourage electric utilities to include an
educational insert in customers' utility bills;
(6) encourage wholesalers to support and participate
in educating customers on the proper management of out-of-service
mercury-containing lights;
(7) encourage retailers' support and participation in
educating consumers on the proper management of out-of-service
mercury-containing lights; and
(8) undertake other educational or outreach efforts
required by commission rule.
(b) This section expires January 1, 2015.
Sec. 361.475. EDUCATIONAL AND OUTREACH MATERIALS. (a) A
manufacturer's program established under Section 361.472, in
accordance with commission rules, shall develop, update as
necessary, and make available to retailers, wholesalers, and
household hazardous waste programs educational and other outreach
materials for:
(1) lighting contractors and associations of those
contractors;
(2) electric utilities and local governments that
provide utility services or household hazardous waste programs; and
(3) homeowners.
(b) Materials developed and made available under Subsection
(a) must include at least one of the following:
(1) signs designed for prominent, easily visible
display for viewing by consumers and contractors;
(2) written materials and templates of materials for
reproduction by retailers and wholesalers to be provided to the
consumer at the time of purchase or delivery of a light that include
information on:
(A) prohibited methods of disposing of
mercury-containing lights;
(B) proper management of out-of-service
mercury-containing lights; and
(C) locations where out-of-service
mercury-containing lights are collected for proper handling,
recycling, or disposal;
(3) advertising or promotional materials that inform
about out-of-service mercury-containing light collection
opportunities; or
(4) materials to be used in direct communications with
the consumer and contractor at the time a mercury-containing light
is purchased.
Sec. 361.476. COLLECTION INCENTIVES AND EDUCATION. A
manufacturer's program established under Section 361.472 shall
provide incentives and education to contractors, service
technicians, and homeowners to encourage the return of
out-of-service mercury-containing lights to established points of
collection.
Sec. 361.477. PROGRESS REPORT. On or before September 1 of
each year, a manufacturer, through a program established under
Section 361.472, shall submit to the commission and post on the
program's Internet website a report that includes:
(1) the number of out-of-service mercury-containing
lights the program collected in this state during the preceding
calendar year;
(2) the estimated total amount of mercury contained in
the out-of-service mercury-containing lights the program collected
during the preceding calendar year;
(3) an evaluation of the effectiveness of the program;
(4) beginning with the report due September 1, 2016, a
comparison to the performance standards for collection established
under Section 361.485;
(5) an accounting of the program's administrative
costs that includes:
(A) for a nonprofit organization's program, a
copy of Internal Revenue Service Form 990; or
(B) for a for-profit organization's program,
independently audited financial statements detailing revenues and
a full accounting of administrative costs incurred;
(6) a description of the outreach strategies employed
to increase participation and collection rates;
(7) examples of outreach and educational materials
used;
(8) names and locations of all participating points of
collection;
(9) the number of out-of-service mercury-containing
lights collected at each point of collection;
(10) the Internet website address at which the annual
report may be viewed online;
(11) a description of how the collected out-of-service
mercury-containing lights were managed;
(12) modifications that the manufacturer is proposing
to make in its collection and recycling program;
(13) a summary of comments regarding the program that
have been received from stakeholders such as recyclers, local
governments, and nonprofit organizations; and
(14) any other information that would assist the
legislature in evaluating the effectiveness of this subchapter.
Sec. 361.478. LIGHT SALES PROHIBITED; LIST OF NONCOMPLIANT
MANUFACTURERS. (a) A person may not sell or offer for sale in this
state a light that is produced by a manufacturer that has been
listed on the commission's Internet website as a noncompliant
manufacturer for 120 or more consecutive days.
(b) On January 1 and July 1 of each year, the commission
shall post a list on its Internet website of manufacturers that are
not in compliance with this subchapter.
(c) A wholesaler or retailer that distributes or sells
mercury-containing lights shall monitor the commission's Internet
website to determine whether the sale of a manufacturer's lights is
in compliance with this subchapter.
Sec. 361.479. WHOLESALER DUTY: POINT OF COLLECTION. A
wholesaler that conducts business from a physical location in this
state shall provide at each of its places of business in this state
a point of collection for out-of-service mercury-containing
lights.
Sec. 361.480. DISTRIBUTION OF INFORMATION ON POINTS OF
COLLECTION. A retailer or wholesaler that distributes new lights
by mail to buyers in this state shall include with the sale of the
new light an Internet website address and toll-free telephone
number with instructions on obtaining a prepaid mail-in label that
a consumer may use to send an out-of-service mercury-containing
light to a point of collection for mercury-containing lights.
Sec. 361.481. WHOLESALER DISTRIBUTION OF EDUCATIONAL AND
OUTREACH MATERIALS. A wholesaler shall distribute the educational
and outreach materials developed and made available under Section
361.475 to its customers.
Sec. 361.482. CONTRACTOR RESPONSIBILITIES. A contractor
who installs lighting components and who removes a
mercury-containing light shall handle the light in accordance with
rules adopted under this subchapter and take the light to a point of
collection with a collection bin operating in accordance with those
rules.
Sec. 361.483. RESPONSIBILITIES OF PERSON WHO DEMOLISHES
BUILDING. A person who demolishes a building shall remove any
mercury-containing lights from the building before demolition in
accordance with all applicable rules adopted under this subchapter
and take the lights to a point of collection that is authorized to
collect out-of-service mercury-containing lights.
Sec. 361.484. COMMISSION ORDER. The commission may order a
manufacturer or group of manufacturers operating a program to
revise the program and to take other necessary actions to comply
with this subchapter.
Sec. 361.485. COMMISSION PERFORMANCE STANDARDS. The
commission by rule shall:
(1) develop performance standards that specify
collection rates expressed as a percentage of out-of-service
mercury-containing lights becoming waste annually; and
(2) establish a methodology to estimate the number of
out-of-service mercury-containing lights becoming waste annually.
Sec. 361.486. SURVEY REGARDING MERCURY-CONTAINING LIGHTS
THAT BECOME WASTE. (a) Not later than March 1, 2012, a
manufacturer or group of manufacturers operating a program shall
present to the commission a survey plan and methodology for a survey
to provide statistically valid data on the number of
mercury-containing lights made by the manufacturer or group of
manufacturers that become waste annually in this state.
(b) The manufacturer or group of manufacturers shall
complete the survey not later than December 1, 2012, and shall
present all of the survey information to the commission not later
than December 31, 2012.
(c) This section expires January 1, 2013.
Sec. 361.487. DISPOSAL BAN. A manufacturer, wholesaler, or
retailer may not knowingly or intentionally offer for disposal at a
municipal solid waste landfill or incinerator a mercury-containing
light.
SECTION 2. (a) A manufacturer's program established under
Section 361.472, Health and Safety Code, as added by this Act, is
required to provide collection bins as provided by Section 361.473,
Health and Safety Code, as added by this Act, only on and after July
1, 2012.
(b) A manufacturer's program established under Section
361.472, Health and Safety Code, as added by this Act, is required
to perform the duties provided by Section 361.474, Health and
Safety Code, as added by this Act, only on and after July 1, 2012.
(c) A manufacturer's program established under Section
361.472, Health and Safety Code, as added by this Act, is required
to develop, update, and make available educational and outreach
materials as provided by Section 361.475, Health and Safety Code,
as added by this Act, only on and after July 1, 2012.
(d) The first progress report required by Section 361.477,
Health and Safety Code, as added by this Act, is due September 1,
2013.
(e) The Texas Commission on Environmental Quality shall
begin posting the commission's list of noncompliant manufacturers
as provided by Section 361.478, Health and Safety Code, as added by
this Act, on July 1, 2012.
(f) The Texas Commission on Environmental Quality shall
adopt the commission's performance standards and methodology
required by Section 361.485, Health and Safety Code, as added by
this Act, not later than January 1, 2015.
SECTION 3. This Act takes effect September 1, 2011.