Amendment SSA1-SB397

SB397-SSA1,7,13 6. The manufacturer reports as required under sub. (5) and conducts assessments as required under sub. (6).

SB397-SSA1,7,16 (b) Cooperation. A manufacturer may carry out its responsibilities under par. (a) 4. jointly with other manufacturers and may participate with other manufacturers in creating an entity to collect and recycle covered electronic devices.

SB397-SSA1,7,21 (c) Retailers. 1. Beginning on February 1, 2009, a retailer may not sell or offer for sale to a household a new video display device unless, before making the first offer for sale, the retailer has reviewed the Internet site maintained by the department under sub. (10) (a) and determined that the brand of the video display device is listed on the department's Internet site under sub. (10) (a).

SB397-SSA1,7,25 2. If a manufacturer's registration is revoked or expired and the retailer took possession of a video display device of the manufacturer before the registration was revoked or expired, the retailer may sell the video display device to a household, but only if the sale takes place fewer than 180 days after the revocation or expiration.

SB397-SSA1,8,3 (3) Registration of manufacturers. (a) To comply with sub. (2) (a) 2., a manufacturer shall annually, no later than September 1, submit to the department a registration that includes all of the following:

SB397-SSA1,8,5 1. A list of the manufacturer's brands of video display devices offered for sale in this state.

SB397-SSA1,8,7 2. The name, address, and contact information of an individual responsible for ensuring compliance with this section.

SB397-SSA1,8,9 3. A certification that the manufacturer has complied, and will continue to comply, with the requirements of this section.

SB397-SSA1,8,15 (b) Beginning with the registration due by September 1, 2009, a manufacturer shall include in its registration under par. (a) a statement disclosing whether any of its video display devices would violate the maximum concentration value for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls, or polybrominated diphenyl ethers provided under the Annex to European Union Directive 2002/95/EC.

SB397-SSA1,8,20 (c) Notwithstanding the deadline in par. (a), a manufacturer who begins selling video display devices after September 1, 2008, and who has not previously submitted a registration under this subsection shall submit a registration to the department not more than 10 days after the day on which the manufacturer begins selling or offering to sell video display devices.

SB397-SSA1,8,23 (d) If a manufacturer changes the brands that it sells or offers to sell, the manufacturer shall update its registration not more than 10 days after making the change.

SB397-SSA1,8,25 (e) A complete registration is effective on receipt by the department and is valid until the following September 1 unless revoked before that date.

SB397-SSA1,9,4 (f) The department shall review a registration submitted under this section and notify the manufacturer if the registration is not complete. A manufacturer who receives notice under this paragraph shall submit the information needed to complete the registration within 30 days after the day on which it receives the notice.

SB397-SSA1,9,7 (4) Manufacturer recycling targets, fees, and recycling credits. (a) Payment. To comply with sub. (2) (a) 3., a manufacturer shall pay fees as provided in this subsection with the registration that it submits under sub. (3).

SB397-SSA1,9,11 (b) Registration fees. 1. The registration fee due in 2008, or the first year that a manufacturer registers if later than 2008, is $5,000, except that, if the manufacturer sells fewer than 100 video display devices in this state annually, the fee is $1,250.

SB397-SSA1,9,15 2. In each year after the year in which a manufacturer pays the fee under subd. 1., the manufacturer shall pay a registration fee of $2,500, except that, if the manufacturer sells fewer than 100 video display devices in this state annually, the registration fee is $1,250.

SB397-SSA1,9,20 (bm) Shortfall fees. In addition to the registration fee, beginning in 2009, a manufacturer shall pay shortfall fees under par. (c) or (d) and under par. (dm) if the amounts calculated under those provisions are positive numbers, except that a manufacturer is not required to pay shortfall fees until its video display devices have been sold or offered for sale to households in this state for 3 full program years.

SB397-SSA1,9,22 (c) Annual shortfall fee in 2009. The annual shortfall fee to be paid in 2009 by a manufacturer is calculated as follows:

SB397-SSA1,9,24 1. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's video display devices sold to households in this state, as reported in 2009 under sub. (5) (a), by 0.6 and multiplying the product by 0.75.

SB397-SSA1,10,7 2. Determine the actual recycling weight by adding the weight of covered electronic devices recycled by or on behalf of the manufacturer during the last 3 program quarters of program year 2007-08, as determined under par. (f) 2., plus the number of recycling credits that a manufacturer elects to use, as reported to the department under sub. (5) (c) 3.

SB397-SSA1,10,9 3. Subtract the actual recycling weight, determined under subd. 2., from the target recycling weight, determined under subd. 1.

SB397-SSA1,10,11 4. Multiply the amount determined under subd. 3. by the estimated cost of recycling determined as follows:

SB397-SSA1,10,14 a. Fifty cents per pound for a manufacturer if the weight of covered electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is less than 50 percent of the target recycling weight, determined under subd. 1.

SB397-SSA1,10,18 b. Forty cents per pound for a manufacturer if the weight of covered electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is at least 50 percent but not more than 90 percent of the target recycling weight, determined under subd. 1.

SB397-SSA1,10,21 c. Thirty cents per pound for a manufacturer if the weight of covered electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is more than 90 percent of the target recycling weight, determined under subd. 1.

SB397-SSA1,10,23 (d) Annual shortfall fee after 2009. The annual shortfall fee to be paid by a manufacturer in a year after 2009 is calculated as follows:

SB397-SSA1,11,3 1. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's video display devices sold to households in this state, as reported in that year under sub. (5) (a), by 0.8.

SB397-SSA1,11,8 2. Determine the actual recycling weight by adding the weight of covered electronic devices recycled by or on behalf of the manufacturer during the previous program year, as determined under par. (f) 1., plus the number of recycling credits that a manufacturer elects to use, as reported to the department under sub. (5) (c) 3.

SB397-SSA1,11,10 3. Subtract the actual recycling weight, determined under subd. 2., from the target recycling weight, determined under subd. 1.

SB397-SSA1,11,12 4. Multiply the amount determined under subd. 3. by the estimated cost of recycling determined as follows:

SB397-SSA1,11,15 a. Fifty cents per pound for a manufacturer if the weight of covered electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is less than 50 percent of the target recycling weight, determined under subd. 1.

SB397-SSA1,11,19 b. Forty cents per pound for a manufacturer if the weight of covered electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is at least 50 percent but not more than 90 percent of the target recycling weight, determined under subd. 1.

SB397-SSA1,11,22 c. Thirty cents per pound for a manufacturer if the weight of covered electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is more than 90 percent of the target recycling weight, determined under subd. 1.

SB397-SSA1,12,3 (dm) Quarterly shortfall fee. 1. The quarterly shortfall fees paid by a manufacturer in a program year are based on the actual recycling weight determined under par. (f) 2. for each program quarter of the previous program year, except that in program year 2009-10 a manufacturer is not required to pay a quarterly shortfall fee based on actual recycling weight for the first program quarter of the previous program year.

SB397-SSA1,12,5 2. The quarterly shortfall fee based on a program quarter of a program year is calculated as follows:

SB397-SSA1,12,10 a. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's video display devices sold to households in this state, as reported in the year in which the fee is paid under sub. (5) (a), by 0.6 for a program quarter in the program year ending on June 30, 2009, and by 0.8 for a program quarter in every other program year and multiplying the product by 0.15.

SB397-SSA1,12,14 b. Determine the actual recycling weight by adding the weight of covered electronic devices recycled by or on behalf of the manufacturer during the program quarter as determined under par. (f) 2. to the number of recycling credits that the manufacturer elects to use, as reported to the department under sub. (5) (c) 3.

SB397-SSA1,12,16 c. Subtract the actual recycling weight, determined under subd. 2. b., from the target recycling weight, determined under subd. 2. a.

SB397-SSA1,12,18 d. Multiply the amount determined under subd. 2. c. by the estimated cost of recycling determined under subd. 5.

SB397-SSA1,12,19 5. The estimated cost of recycling is determined as follows:

SB397-SSA1,12,23 a. Fifty cents per pound for a manufacturer if the number of pounds of covered electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2. b., is less than 50 percent of the target recycling weight, determined under subd. 2. a.

SB397-SSA1,13,2 b. Forty cents per pound for a manufacturer if the number of pounds of covered electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2. b., is at least 50 percent but not more than 90 percent of the target recycling weight, determined under subd. 2. a.

SB397-SSA1,13,6 c. Thirty cents per pound for a manufacturer if the number of pounds of covered electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2. b., is more than 90 percent of the target recycling weight, determined under subd. 2. a.

SB397-SSA1,13,13 (e) Recycling credits. If, for a program year, the weight of covered electronic devices recycled by or on behalf of a manufacturer, as determined under par. (f) 1., exceeds the target recycling weight determined under par. (c) 1. or (d) 1., the manufacturer has a number of recycling credits equal to the number of excess pounds. The manufacturer may use the credits for the purpose of par. (c) 2., (d) 2., or (dm) 2. b. for any of the 3 succeeding program years or may sell credits to another manufacturer for use for any of the 3 succeeding program years.

SB397-SSA1,13,20 (f) Weight recycled. 1. The weight of covered electronic devices recycled by or on behalf of a manufacturer for a program year is the weight reported under sub. (5) (b) for that program year, except that if the manufacturer reports separately the weight of covered electronic devices used by households in rural counties and used by households in urban counties for a program year the weight is determined by adding the weight used by households in urban counties in that program year and 1.5 times the weight used by households in rural counties in that program year.

SB397-SSA1,14,2 2. The weight of covered electronic devices recycled by or on behalf of a manufacturer for a program quarter is the weight reported under sub. (5) (b) for that program quarter, except that if the manufacturer reports separately the weight of covered electronic devices used by households in rural counties and used by households in urban counties for a program quarter the weight is determined by adding the weight used by households in urban counties in that program quarter and 1.5 times the weight used by households in rural counties in that program quarter.

SB397-SSA1,14,6 (5) Manufacturers reporting requirements. (a) Weight of video display devices sold. 1. Except as provided in subd. 3., with the registration that it submits under sub. (3) beginning in 2009, a manufacturer shall report one of the following to the department:

SB397-SSA1,14,9 a. The total weight of each model of its video display devices sold to households in this state during the program year that began 36 months before the beginning of the program year in which the report is made.

SB397-SSA1,14,12 b. The total weight of all of its video display devices sold to households in this state during the program year that began 36 months before the beginning of the program year in which the report is made.

SB397-SSA1,14,15 c. An estimate of the total weight of its video display devices sold to households in this state during the program year that began 36 months before the beginning of the program year in which the report is made based on national sales data.

SB397-SSA1,14,17 2. A manufacturer shall include in the report required under subd. 1. a description of how the manufacturer calculated the weight reported under subd. 1.

SB397-SSA1,14,20 3. A manufacturer is not required to report under subd. 1. until its video display devices have been sold or offered for sale to households in this state for one full program year.

SB397-SSA1,15,11 (b) Weight of covered electronic devices recycled. With the registration that it submits under sub. (3) in 2009, a manufacturer shall report to the department the total weight of covered electronic devices used by households in this state that were collected by or delivered to the manufacturer for recycling by the manufacturer or that were collected by or delivered to a registered recycler for recycling on behalf of the manufacturer during each of the last 3 program quarters of the preceding program year. Beginning in 2010, with the registration that it submits under sub. (3), a manufacturer shall report to the department the total weight of covered electronic devices used by households in this state that were collected by or delivered to the manufacturer for recycling by the manufacturer or that were collected by or delivered to a registered recycler for recycling on behalf of the manufacturer during each program quarter in the preceding program year. A manufacturer may report separately the weight of covered electronic devices used by households in rural counties and used by households in urban counties for the purpose of obtaining the weight adjustment under sub. (4) (f) for covered electronic devices received from households in rural counties.

SB397-SSA1,15,13 (c) Recycling credits. With the registration that it submits under sub. (3), beginning in 2009, a manufacturer shall report all of the following to the department:

SB397-SSA1,15,15 1. The number of recycling credits that the manufacturer purchased during the preceding program year.

SB397-SSA1,15,17 2. The number of recycling credits that the manufacturer sold during the preceding program year.

SB397-SSA1,15,19 3. The number of recycling credits that the manufacturer elects to use in the calculation of its shortfall fees under sub. (4) (c) 2., (d) 2., and (dm) 2. b.

SB397-SSA1,15,21 4. The number of recycling credits available to the manufacturer after calculating its shortfall fees under sub. (4) (c) 2., (d) 2., and (dm) 2. b.

SB397-SSA1,16,2 (6) Manufacturer assessment requirements. A manufacturer shall conduct and document assessments of the performance of any registered collectors and registered recyclers who collect or recycle covered electronic waste on its behalf, including assessments of whether the registered recyclers comply with sub. (8). A manufacturer shall maintain, for 3 years, documentation of its assessments under this subsection.

SB397-SSA1,16,6 (7) Collectors. (a) Registration. 1. Beginning on August 1, 2008, no collector may deliver or arrange for the delivery of covered electronic devices to a registered recycler unless the person submits to the department an annual registration, using a form prescribed by the department, that includes all of the following:

SB397-SSA1,16,7 a. The name, address, and contact information of a responsible individual.

SB397-SSA1,16,8 b. The address at which the person operates as a collector.

SB397-SSA1,16,12 c. A certification that the person has all required governmental licenses or other approvals and has complied, and will continue to comply, with the requirements of this subsection and with applicable health, environmental, safety, and financial responsibility requirements.

SB397-SSA1,16,14 2. A complete registration is effective on receipt by the department and is valid until the following August 1 unless suspended or revoked before that date.

SB397-SSA1,16,19 (b) Reporting. No later than November 1, February 1, May 1, and August 1 of each program year, beginning November 1, 2008, a registered collector shall report to the department the total weight of covered electronic devices collected in this state during the preceding program quarter and a list of all registered recyclers to whom the collector delivered covered electronic devices.

SB397-SSA1,16,24 (8) Recyclers. (a) Registration. 1. Beginning on August 1, 2008, no person may operate as a recycler receiving covered electronic devices on behalf of a manufacturer who is registered under sub. (3) unless the person submits to the department an annual registration, using a form prescribed by the department, that includes all of the following:

SB397-SSA1,16,25 a. The name, address, and contact information of a responsible individual.

SB397-SSA1,17,1 b. The address of all facilities at which the person conducts recycling.

SB397-SSA1,17,3 c. A certification that the person has complied, and will continue to comply, with the requirements under this subsection.

SB397-SSA1,17,4 d. Documentation of the liability insurance required under this subsection.

SB397-SSA1,17,6 2. A registration is effective on receipt by the department and is valid until the following August 1 unless suspended or revoked before that date.

SB397-SSA1,17,12 (b) Reporting. No later than November 1, February 1, May 1, and August 1 of each program year, beginning with November 1, 2008, a registered recycler shall report to the department the total weight of covered electronic devices collected in this state that the recycler received for recycling on behalf of a manufacturer registered under sub. (3) during the preceding program quarter and the name of the manufacturer.

SB397-SSA1,17,15 (c) Operational requirements. 1. A registered recycler shall maintain liability insurance coverage in the amount of at least $1,000,000 for environmental releases, accidents, and other emergencies.

SB397-SSA1,17,17 2. A registered recycler may not use prison labor to recycle covered electronic devices the weight of which was or will be reported under sub. (5) (b).

SB397-SSA1,17,25 3. Except as provided under par. (e), a registered recycler shall demonstrate that it has implemented, or commit itself to implementing within one year of the recycler's initial registration under par. (a), an environmental management system, as defined in s. 299.83 (1) (b), for each facility at which it conducts recycling, that is in compliance with the standards for environmental management systems issued by the International Organization for Standardization or determined by the department to be a functionally equivalent environmental management system, as defined in s. 299.83 (1) (dg).

SB397-SSA1,18,5 4. Except as provided under par. (e), at least once every 3 years a registered recycler shall have an environmental management system audit, as defined in s. 299.83 (1) (bm), of its environmental management system under subd. 3. performed by an outside environmental auditor, as defined in s. 299.83 (1) (dr), approved by the department.

SB397-SSA1,18,7 5. A registered recycler shall comply with any other operational requirement in rules promulgated under par. (e).

SB397-SSA1,18,13 (d) Certification. No later than August 1 of each year, beginning in 2009, a registered recycler shall submit to the department a certification that states that the registered recycler, and all persons who conduct recycling activities on covered electronic devices or materials derived from covered electronic devices after the registered recycler completes its recycling activities on the covered electronic devices or materials:

SB397-SSA1,18,15 1. Comply with applicable health, environmental, safety, and financial responsibility requirements, including the requirements in 40 CFR 261.39;

SB397-SSA1,18,16 2. Have all required governmental licenses or other approvals;

SB397-SSA1,18,18 3. Possess liability insurance coverage in the amount of at least $1,000,000 for environmental releases; and

SB397-SSA1,18,20 4. Use no prison labor to recycle covered electronic devices the weight of which was or will be reported under sub. (5) (b).

SB397-SSA1,19,4 (e) Modifying or adding requirements by rule. The department shall review the requirements under par. (c) 3. and 4. to determine whether it is necessary to modify or add to those requirements so that the requirements applicable to registered recyclers are at least equivalent to nationally recognized standards for recycling covered electronic devices. If the department determines that it is necessary to modify or add to the requirements under par. (c) 3. and 4., the department shall promulgate rules that modify or add to the requirements so that they are at least equivalent to nationally recognized standards for recycling covered electronic devices.

SB397-SSA1,19,10 (9) Retailers. (a) Reporting to manufacturers. No later than May 1 of each program year, beginning with May 1, 2009, a retailer shall report to a manufacturer, using a format specified or approved by the department, the number of video display devices, by model, labeled with the manufacturer's brand that the retailer sold to households in this state during each program quarter during the previous program year.

SB397-SSA1,19,18 (b) Providing information to purchasers. A retailer who sells new video display devices for use by households shall provide to purchasers information describing how video display devices can be collected and recycled and a description of the prohibitions in s. 287.07 (5) (a). A retailer may satisfy this requirement by providing a toll-free number for receiving the information and a description of how to access the department's Internet site under sub. (10) (a). A retailer who sells through a catalog may provide the information in the catalog. A retailer who sells through the Internet may provide the information on its Internet site.

SB397-SSA1,19,23 (9m) Record keeping and inspection. A person subject to sub. (3), (7), (8), or (9) shall maintain records related to the program under this section and reports required under this section for at least 3 years. The department may inspect records of a person subject to sub. (3), (7), (8), or (9) that are related to the program under this section.

SB397-SSA1,20,9 (10) Powers and duties of the department. (a) Internet site; manufacturers. The department shall maintain an Internet site on which the department lists the names of manufacturers who are registered under sub. (3) and the names of the brands listed in the manufacturers' registrations. The department shall update the information on the Internet site promptly upon receipt of a new or revised registration. The department shall include on the Internet site a statement that this section applies only to video display devices sold for household use and that the list of manufacturers is not a list of manufacturers qualified to sell video display devices for industrial, commercial, or other nonhousehold uses. The department shall also include on the Internet site the contact information provided by manufacturers under sub. (3) (a) 2.

SB397-SSA1,20,13 (am) Internet site; recyclers. The department shall maintain an Internet site on which the department lists the names of registered recyclers. The department shall update the information on the Internet site promptly upon receipt of a new or revised registration.

SB397-SSA1,20,16 (b) Providing information. Except as provided in par. (bm) the department shall make the information provided in registration statements and reports under subs. (3), (5), (7), and (8) available to manufacturers, retailers, and the public.