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.