LRB-3217/1
MCP:amn
2019 - 2020 LEGISLATURE
June 13, 2019 - Introduced by Representatives Mursau, Hebl, Anderson,
Ballweg, Billings, Ohnstad, Shankland, Sinicki, Skowronski, Spreitzer,
Stubbs, Tusler, Vruwink, Spiros and Subeck, cosponsored by Senators
Miller, Cowles, Larson, Smith, L. Taylor, Wirch and Carpenter. Referred
to Committee on Environment.
AB297,1,11 1An Act to renumber 287.17 (8) (b) 3.; to renumber and amend 287.17 (1) (k),
2287.17 (8) (b) 1. and 287.17 (8) (b) 2.; to amend 287.17 (1) (eg) 1. b., 287.17 (1)
3(eg) 2., 287.17 (1) (np), 287.17 (3) (a) (intro.), 287.17 (3) (e), 287.17 (4) (b) 1.,
4287.17 (4) (b) 2., 287.17 (4) (b) 3., 287.17 (4) (d) (intro.), 287.17 (5) (a) 1. a., 287.17
5(5) (a) 1. b., 287.17 (5) (a) 1. c., 287.17 (5) (b), 287.17 (7) (a) 1. (intro.), 287.17 (7)
6(a) 2., 287.17 (7) (b), 287.17 (8) (a) 1. (intro.), 287.17 (8) (a) 2., 287.17 (8) (c) 4.,
7287.17 (9m), 287.17 (10) (d) (intro.), 287.17 (10) (j) and 287.17 (10) (k); and to
8create
287.17 (1) (k) 1., 287.17 (1) (k) 2., 287.17 (1) (k) 3., 287.17 (1) (pg), 287.17
9(4) (b) (intro.), 287.17 (4) (be), 287.17 (8) (b) 1m., 2m., 3m., 4. and 5. and 287.17
10(10) (m) of the statutes; relating to: changes to the electronic waste recycling
11program and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes certain changes to this state's electronic waste recycling
program, known as “E-Cycle Wisconsin," which is administered by the Department
of Natural Resources.

Under the program, a manufacturer may not sell certain consumer electronic
devices to households or schools in this state, or deliver consumer electronic devices
to a retailer, unless the manufacturer registers with DNR each year, pays a
registration fee, and either recycles a certain amount of consumer electronic devices
or pays a shortfall fee. A retailer may not sell certain consumer electronic devices
to households or schools in this state unless the device's manufacturer is registered
under the program. A recycler that receives electronic devices on behalf of a
registered manufacturer must also register under the program and comply with
certain reporting and recordkeeping requirements.
The bill expands the definition of a school, for purposes of the program, to
include all public elementary or secondary schools, including charter schools; all
private elementary or secondary schools; and all tribal schools. The bill also narrows
the types of consumer printers that are covered under the program.
Under current law, a manufacturer in the program must ordinarily pay a
registration fee with its annual registration, based on the number of electronic
devices it sold in the state during the previous year. The bill raises the threshold for
requiring a manufacturer to pay a registration fee. Under the bill, a manufacturer's
registration fee is $5,000 if it sold at least 500 electronic devices in this state during
the previous program year, and $1,250 if it sold at least 250 but fewer than 500
electronic devices. There is no registration fee if the manufacturer sold fewer than
250 electronic devices during the previous program year.
Under current law, a manufacturer must report certain information to DNR
when it submits its annual registration under the program. This bill requires
manufacturers, when reporting the total weight of electronic devices recycled by or
on behalf of the manufacturer each year, to also report the weight of devices collected
from rural counties separately from devices collected from urban counties.
Under current law, every year a registered recycler must report to DNR the
total weight of electronic devices the recycler received from a registered
manufacturer for recycling during the previous program year. This bill requires a
recycler, in its annual report, to also separate this total weight into different
categories, depending on the type of device and whether the device contains a
cathode-ray tube. The bill also requires a recycler to report the estimated weight of
certain materials, such as cathode-ray tube glass, metals, and plastics, that the
recycler derived from the electronic devices it received during the previous program
year.
Finally, under current law, a program year runs from July 1 to the following
June 30. This bill creates an 18-month transition period (transition year) that runs
from the July 1 following the effective date of the bill to the December 31 of the
following year. After the transition year, a program year runs from January 1 to
December 31.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB297,1 1Section 1. 287.17 (1) (eg) 1. b. of the statutes is amended to read:
AB297,3,42 287.17 (1) (eg) 1. b. A device listed under par. (gs) 1. to 6. or 7. that prints and
3has other functions, such as copying, scanning, or sending facsimiles,
and that is
4designed to be placed on a work surface.
AB297,2 5Section 2. 287.17 (1) (eg) 2. of the statutes is amended to read:
AB297,3,96 287.17 (1) (eg) 2. “Consumer printer" does not include a calculator with
7printing capabilities or a , label maker, or other similar household printing device;
8a floor-standing printer or printer with optional floor stand; or a point-of-sale
9receipt printer
.
AB297,3 10Section 3. 287.17 (1) (k) of the statutes is renumbered 287.17 (1) (k) (intro.)
11and amended to read:
AB297,3,1312 287.17 (1) (k) (intro.) “Program year" means the period from July 1 to the
13following June 30.
one of the following:
AB297,4 14Section 4. 287.17 (1) (k) 1. of the statutes is created to read:
AB297,3,1615 287.17 (1) (k) 1. For any period before the beginning of the transition year, a
16period that runs from July 1 to the following June 30.
AB297,5 17Section 5. 287.17 (1) (k) 2. of the statutes is created to read:
AB297,3,1818 287.17 (1) (k) 2. The transition year.
AB297,6 19Section 6. 287.17 (1) (k) 3. of the statutes is created to read:
AB297,3,2120 287.17 (1) (k) 3. For any period after the end of the transition year, a period that
21runs from January 1 to the following December 31.
AB297,7
1Section 7. 287.17 (1) (np) of the statutes is amended to read:
AB297,4,62 287.17 (1) (np) “School" means a public school, as defined in s. 115.01 (1), a
3private school participating in the program under s. 118.60, or a private school
4participating in the program under s. 119.23
elementary or secondary school,
5including a charter school, as defined in s. 115.001 (1), or a private elementary or
6secondary school, or a tribal school, as defined in s. 115.001 (15m)
.
AB297,8 7Section 8. 287.17 (1) (pg) of the statutes is created to read:
AB297,4,108 287.17 (1) (pg) “Transition year" means the 18-month period from the July 1
9following the effective date of this paragraph .... [LRB inserts date], to the December
1031 of the following year.
AB297,9 11Section 9. 287.17 (3) (a) (intro.) of the statutes is amended to read:
AB297,4,1512 287.17 (3) (a) (intro.) To comply with sub. (2) (a) 2., a manufacturer shall, no
13later than February 1, 2010, and annually,
no later than September 1 beginning in
142010
the first day of the 3rd month of each program year, submit to the department
15a registration that includes all of the following:
AB297,10 16Section 10. 287.17 (3) (e) of the statutes is amended to read:
AB297,4,1917 287.17 (3) (e) A complete registration is effective on receipt by the department
18and is valid until the first day of the 3rd month of the following September 1 program
19year
unless revoked before that date.
AB297,11 20Section 11. 287.17 (4) (b) (intro.) of the statutes is created to read:
AB297,4,2221 287.17 (4) (b) (intro.) In each program year other than the program year
22immediately following the transition year:
AB297,12 23Section 12. 287.17 (4) (b) 1. of the statutes is amended to read:
AB297,5,3
1287.17 (4) (b) 1. If the manufacturer sold at least 250 500 covered electronic
2devices in this state during the previous program year, the manufacturer shall pay
3a registration fee of $5,000, except, as provided under sub. (10) (k).
AB297,13 4Section 13. 287.17 (4) (b) 2. of the statutes is amended to read:
AB297,5,75 287.17 (4) (b) 2. If the manufacturer sold at least 25 250 but fewer than 250 500
6covered electronic devices in this state during the previous program year, the
7manufacturer shall pay a registration fee of $1,250.
AB297,14 8Section 14. 287.17 (4) (b) 3. of the statutes is amended to read:
AB297,5,119 287.17 (4) (b) 3. If the manufacturer sold fewer than 25 250 covered electronic
10devices in this state during the previous program year, the manufacturer is not
11required to pay a registration fee.
AB297,15 12Section 15. 287.17 (4) (be) of the statutes is created to read:
AB297,5,1413 287.17 (4) (be) Registration fees immediately following the transition year. In
14the program year immediately following the transition year:
AB297,5,1815 1. If the previous program year was the transition year and the manufacturer
16sold at least 750 covered electronic devices in this state during the transition year,
17the manufacturer shall pay a registration fee of $7,500, except as provided in sub.
18(10) (k).
AB297,5,2119 2. If the previous program year was the transition year and the manufacturer
20sold at least 375 but fewer than 750 covered electronic devices in this state during
21the transition year, the manufacturer shall pay a registration fee of $1,875.
AB297,5,2422 3. If the previous program year was the transition year and the manufacturer
23sold fewer than 375 covered electronic devices in this state during the transition year,
24the manufacturer is not required to pay a registration fee.
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