HB1185

HB1185 – Updating and expanding the state’s producer stewardship program for lighting products.
Prime Sponsor – Representative Hackney (D; 11th District; Renton & Tukwila) (Co-Sponsors Duerr, Berry, Ramel, Fitzgibbon, Doglio, and Pollet – Ds)
Current status – Had a hearing in the House Committee on Environment and Energy  January 23rd. Replaced by a substitute and passed out of committee February 16th. Died in Rules 2023. Returned to the House Committee on Environment and Energy for the 2024 Session. Had a hearing January 18th. Replaced by a 2nd substitute and passed out of committee January 25th. Referred to Rules.
Next step would be – Action by the Rules Committee.
Legislative tracking page for the bill.

Substitute –
The substitute in 2023 prohibited disposing of lights in most solid waste and recycling containers, and made some other small changes that are summarized by staff at the beginning of it. In the folder with materials for the executive session, there’s a staff summary of the changes made by the substitute in 2024 at the beginning of it; they mostly dealt with lights containing mercury.

Summary –
The bill would prohibit the sale of lights containing mercury starting in 2026, with some exceptions for special purpose lights, and create penalties for violations. It would expand the current product stewardship program for lights containing mercury to include the end of life management of most lights by the same date.

The producers of lights for sale in the state would have to continue to manage and fund the current product stewardship program, expanded to cover collecting, transporting, reuse, recycling, processing and final disposition of all types of lights, including the special purpose ones containing mercury which could still be sold. The bill would eliminate the environmental handling charge which is currently added to the price of lamps containing mercury to fund the program; it would be directly funded by the producers. (However, they still wouldn’t be responsible for the costs of curbside or mail-back collection programs, except for transporting and processing the lights from those. They would still have to fund and manage free collection sites and pay for the transportation and processing of lights from those.

At least 90% of the state’s residents would have to have a permanent collection site within 15 miles, and an additional site would be required for every 30,000 residents in urban areas. The program would have to provide reasonable opportunities for people in rural areas farther from the required sites to drop off unwanted lights at collection events. The bill specifies additional requirements for outreach and consumer education about the expended program, including a survey about public awareness of it at least every five years. It adds specifications about the safe handling of lights containing mercury, and specifies that plans have to prioritize recycling of other materials to the extent that’s practicable. It would now require programs to include contingency plans to keep providing services if a stewardship organization stopped.

Stewardship programs would be required to design their charges to producers to encourage the use of recycled content and discourage the use of undesirable materials. They’d have to reimburse local governments for the costs when a local government facility or solid waste handling facility served as a collection location. The bill also adds provisions for Ecology’s review and approval of stewardship organization’ plans, and revises Ecology’s procedures for dealing with violations to adjust them to the expanded system. It drops the current law’s provisions for reporting on the availability and purchasing of energy efficient lights in the state.