Margaret Shield, PhD, Policy Liaison Local Hazardous Waste Management Program in King County WA’s Mercury Lamp Stewardship Law: spotlight on product stewardship financing mechanisms

Today’s Session 2 Part 1 – WA’s Mercury-containing Lights Stewardship Law Speaker Panel: Margaret Shield, LHWMP Kara Steward, WA State Department of Ecology Mark Kohorst, National Electrical Manufacturers Association (NEMA) Mike O’Donnell, LightRecycle Washington Mark Kurschner, Product Care Part 2 - Discussion on Stewardship Financing Mechanisms Similarities, differences, and implications of cost internalization, assessments/charges added to product price, and point-of-sale fees. Facilitator: Julie Poust

MERCURY LAMPS STEWARDSHIP 3 More than 12 million mercury lamps sold to WA residents annually. Perhaps 7% of mercury lamps from households are properly recycled through piece-meal programs operated by local governments, utilities, and some retailers.

Mercury-containing Lights Stewardship Law ( RCW) Overview of Developments – WA Law passed requiring producers of mercury lamps to fund a statewide program for collection and recycling of mercury lamps from households and small quantity generators. Similar producer responsibility laws: Maine in 2009 and Vermont in Similar bills proposed, but not passed or enacted, in other states. WA stewardship program start date in 2010 law was Jan. 1, 2013, BUT…

2014 Amendment to Mercury-containing Lights Stewardship Law 5 NEMA developed new proposal for 2014 session, with greater stakeholder input, and eventual agreement or neutral positions. ESHB 2246 (Rep. Sam Hunt) passed & signed by Governor. Change in Financing Mechanism - Authorizes producers to finance the stewardship program through an environmental handling charge added to the price of mercury lights sold at retail. New program start date = Jan. 1, Collection language – language modified; program costs limited. Education/Program Promotion – program requirements added program sunset date added (triggers formal sunset review).

ESHB 2246: Environmental Handling Charge 6 Each lighting producer is responsible for ensuring the environmental handling charge is remitted to a stewardship organization for their mercury lights sold at retail in the state. The legislation defines two options for how the environmental handling charge is collected: 1. producers add the charge to the purchase price of their lamps and remit the charge to the stewardship organization, or 2. a retailer forms a voluntary binding agreement with a producer to add the charge to the purchase price of the lamp and remit the charge to the stewardship organization on the producer's behalf. Producers may not require or force retailers to do this.

Next Steps: Implementation of the Mercury-containing Lights Stewardship Law 7 What WA stakeholders can do: 1. Review of Producer’s Proposed Stewardship Plan Stakeholder and Public Comments due to Ecology July 9 th. 2. Recommend collection partners to stewardship organization. 3. Help promote program start on January 1, 2015 throughout Washington State. 4. Provide ongoing feedback on program effectiveness.

WA Mercury-containing Lights Stewardship Law 8 Questions? Comments? Next up: Kara Steward, WA State Department of Ecology Mark Kohorst, National Electrical Manufacturers Association (NEMA) Mike O’Donnell, LightRecycle Washington Mark Kurschner, Product Care