Policies & Legislation

Mercury and Product Stewardship

Northwest States

Washington SB 5543 was signed by Governor Gregoire on March 19, 2010. The bill creates a convenient, statewide recycling program for mercury-containing lighting from residents in Washington State starting in 2013. No-cost recycling services must be provided for residents in each county and, at a minimum, in every city with population greater than 10,000.

The Department of Ecology will contract with a stewardship organization to operate the recycling program. All producers must pay $15,000 annually to fund the program operated by the stewardship organization or the producer(s) can obtain approval from Ecology to operate an independent plan. The bill requires that mercury-containing lamps are recycled by all residents and by all government, industrial, and commercial facilities. Disposal of mercury-containing lights in the garbage or landfills is prohibited. View the ESSB 5543 Fact Sheet or Bill Overview for more information.

California AB 2176, the Lighting Toxics Reduction and Jobs in Recycling Act introduced in February 2010, would require producers of mercury containing lamps to develop, fund and manage a product stewardship program approved by the Department of Toxics Substances Control (DTSC). All mercury-containing lights collected by product stewardship programs must be recycled. In addition, lamps that do not contain mercury and are deemed less efficient will pay an annual fee to help in research to improve lighting efficiency; reduce toxic impacts from lighting technologies and other related projects.

AB 2347 (PDF file, 152KB), signed into law on September 29, 2008, is known as the Mercury Thermostat Collection Act of 2008. The bill requires thermostat manufacturers to establish and maintain a take-back program for mercury-added thermostats. AB 2347 follows the mercury-added phase-out bill AB 1415 by targeting manufacturers which sold mercury-added thermostats before January 1, 2006.

Manufacturers have the option to create joint programs with other manufacturers as long as it meets the requirements of the bill. Manufacturers that make new thermostats for sale in the state are required to pick up most of the costs for the recycling program. Wholesalers and retailers also participate by providing convenient collection sites for contractors and homeowners returning thermostats. The bill allows consumers to return their waste thermostats to locations that sell new thermostats. See updated bill status or the California Product Stewardship Council's AB 2347 Fact Sheet (PDF file, 19KB) for more information.

AB 1109, the California Lighting Efficiency and Toxics Reduction Act, was signed into law as Chapter 534 (PDF file, 86KB), on October 12, 2007. The law required the Department of Toxic Substances Control and the California Integrated Waste Management Board to make policy recommendations for designing a statewide collection program for end-of-life compact fluorescent lights (CFLs). As a result, the Lighting Task Force, submitted the following recommendations to the state legislature on September 1, 2008:

• The program should be administered by a independent third party organization (TPO)
• Program implementation should be a shared responsibility amongst all parties
• Retailers, manufacturers, utilities, and recycles should provide data to the TPO; the TPO should compile the data and report it to the state
• Agencies overseeing the collection program should measure performance of all participants by establishing clear goals and measurement standards
• Only fluorescent lamps from manufacturers that participate in the TPO should be allowed to be sold in the state
• The collection system must be convenient to citizens
• Education and outreach programs should combine messages of energy efficiency and proper management of end-of-life CFLs. Education and outreach programs must use a wide range of methods and media
• Labels and designations on packaging should be consistent with other states’ existing standards

See the Lighting Task Force Report (PDF file, 1.82MB) for more information about the recommendations provided to the legislature. See the legislative history for more information.

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Oregon SB 742 (PDF file, 43KB), introduced in March 2009, would require manufacturers of mercury-containing lighting, such as CFLs and fluorescent tubes, to set up and finance a collection system for the safe recycling of these products. The system would serve urban and rural areas of Oregon and would provide free, convenient recycling. The bill did not pass.

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