SB367: Bill Text

LRB-2799/1

RCT:kjf:rs

2005 - 2006 LEGISLATURE

2005 Senate BILL 367

October 6, 2005 - Introduced by Senators Miller, Lassa, Hansen, Robson, Risser and Erpenbach, cosponsored by Representatives Ott, Bies, Shilling, Black, Lehman, Sinicki, Hahn, Parisi, Molepske, Pocan, Pope-Roberts, Berceau and Richards. Referred to Committee on Natural Resources and Transportation.

SB367,1,7 An Act to amend 16.72 (2) (f), 16.75 (1) (a) 1., 287.91 (2) and 287.97; and to create 16.71 (7), 16.72 (2) (g), 20.370 (2) (hg), 287.07 (5) and 287.17 of the statutes; relating to: the disposal of electronic equipment, producer responsibility for electronic devices that are discarded, substances contained in electronic equipment, grants for facilities and systems for recycling electronic equipment, state purchasing of electronic equipment, granting rule-making authority, making an appropriation, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill makes numerous changes in the law related to the disposal of electronic equipment.

Producer responsibility

This bill requires a producer of electronic equipment to implement a program under which the producer finances the collection and recycling or disposal of certain kinds of electronic equipment sold in this state. The kinds of electronic equipment that must be collected are televisions, computer monitors, color video display devices, certain other video display devices, computers that weigh more than six pounds, digital audio storage devices, printers, facsimile transmission devices, optical scanners, and mobile telephones (covered electronic equipment). The bill authorizes the Department of Natural Resources (DNR) to promulgate rules adding additional kinds of electronic equipment to this list. If a producer fails to implement a program that satisfies the requirements of the bill, the bill prohibits the sale of the producer's covered electronic equipment in this state.

A producer is responsible for financing the collection and disposition of its own covered electronic equipment that is sold in this state after the requirement takes effect and a portion of all covered electronic equipment, without regard to who produced the equipment, that was sold in this state before the requirement takes effect (historic and orphan covered waste). The amount of historic and orphan covered waste for which a producer is responsible is based on the producer's market share.

The bill requires a producer to submit a plan describing its proposed program to DNR no later than 30 months after this bill becomes law. A plan must satisfy a number of requirements in addition to containing the provisions that the producer proposes to implement to comply with the requirements for financing the collection and disposition of covered electronic equipment. The plan must show how the producer will comply with requirements for the protection of workers who participate in the collection and disposition of covered electronic equipment, how the producer will comply with labeling and consumer education requirements, and how the producer will ensure that covered electronic equipment will not be exported to a country that is not a member of the Organization for Economic Cooperation and Development, except that covered electronic equipment may be exported if it is in working order and destined for direct reuse. A plan must also include provisions for the payment of a fee for each piece of a producer's covered equipment sold at retail in this state. The fee is $1 before January 1, 2013, 60 cents from 2013 to 2017, and 20 cents after 2017. A plan must also describe the actions that the producer will take if the plan, once implemented, fails to achieve the performance requirements set forth in the bill for the amount of covered electronic equipment collected and the amount of components and materials that are reused or recycled.

The bill requires DNR to review the plan submitted by a producer and, within four months of receiving the plan, approve the plan or notify the producer of any deficiencies. A producer must begin to implement its plan upon approval and must fully implement the plan within a year after approval. Once DNR approves a producer's plan or within three years after the bill becomes law, whichever is earlier, the producer must also provide to DNR proof of financial responsibility for complying with the bill's requirements. The amount of the proof of financial responsibility is based on the sales of the producer's covered electronic equipment in this state, but may not be less than $300,000. The bill also requires a producer to conduct public polling to determine public awareness of the producer's program.

The bill requires a producer to submit to DNR an annual report on its program showing whether the program is consistent with the approved plan and whether the producer has achieved the performance requirements set forth in the bill. DNR must review each report and, within nine months of receipt of the report, notify the producer of any deficiency in its program. If a producer fails to remedy deficiencies by a deadline set by DNR, DNR notifies the producer that its program is disapproved and no person may sell the producer's covered electronic equipment in this state.

The bill allows a producer to work jointly with other producers to comply with the bill's requirements. The bill also authorizes DNR to grant a waiver from the requirements in the bill to a producer with sales in this state that have a dollar value of less than 0.1 percent of the dollar value of all sales of covered electronic equipment in this state.

Prohibition on hazardous substances in electronic equipment

This bill prohibits the sale in this state of covered electronic equipment that contains certain substances beginning seven years after this bill becomes law, unless DNR grants an exemption from the prohibition for a specific substance. The substances are lead, mercury, cadmium, beryllium, hexavalent chromium, brominated flame retardants, and polyvinyl chloride. DNR may promulgate rules adding substances to this list. DNR may grant an exemption from the prohibition for a limited term if a producer demonstrates that it is technically impossible to substitute a less harmful alternative.

Landfill ban

This bill prohibits the disposal in landfills of televisions, computer monitors, color video display devices, certain other video display devices, computers that weigh more than six pounds, digital audio storage devices, printers, and facsimile transmission devices. The prohibition takes effect on January 1 of the first year that begins at least a year after the bill becomes law, except that the secretary of natural resources may delay the effective date of the prohibition if its application will result in hardship for local governments.

State purchasing

This bill prohibits a state agency from purchasing covered electronic equipment produced by a producer that fails to submit a plan to DNR for the collection and disposition of covered electronic waste by the deadline established in the bill. The bill also requires the Department of Administration and other state agencies, in writing specifications for the purchase of covered electronic equipment, to incorporate terms requiring the vendor to take possession of or otherwise properly dispose of the equipment after the equipment is taken out of service.

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:

SB367, s. 1 Section 1. 16.71 (7) of the statutes is created to read:

SB367,4,2 16.71 (7) The department, any other designated purchasing agent under sub. (1), and each authority other than the University of Wisconsin Hospitals and Clinics Authority, may not purchase covered electronic equipment, as defined in s. 287.17 (1) (a), produced by a vendor that has violated s. 287.17 (3) until the department of natural resources approves a plan for the vendor under s. 281.17 (4).

SB367, s. 2 Section 2. 16.72 (2) (f) of the statutes is amended to read:

SB367,4,13 16.72 (2) (f) In Except as provided in par. (g), in writing specifications under this subsection, the department, any other designated purchasing agent under s. 16.71 (1), and each authority, other than the University of Wisconsin Hospitals and Clinics Authority, shall incorporate requirements relating to the recyclability and ultimate disposition of products and, wherever possible, shall write the specifications so as to minimize the amount of solid waste generated by the state, consistent with the priorities established under s. 287.05 (12), and to minimize the amount of hazardous waste generated by the state. All specifications under this subsection shall discourage the purchase of single-use, disposable products and require, whenever practical, the purchase of multiple-use, durable products.

SB367, s. 3 Section 3. 16.72 (2) (g) of the statutes is created to read:

SB367,4,21 16.72 (2) (g) In writing specifications under this subsection pertaining to covered electronic equipment, as defined in s. 287.17 (1) (a), the department, any other designated purchasing agent under s. 16.71 (1), and each authority, other than the University of Wisconsin Hospitals and Clinics Authority, shall incorporate terms requiring the vendor to take possession of or otherwise properly dispose of the covered electronic equipment after the covered electronic equipment is taken out of service by the department, designated purchasing agent, or authority, as applicable.

SB367, s. 4 Section 4. 16.75 (1) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB367,5,7 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), and (10m) and ss. 16.71 (7), 16.73 (4) (a), 16.751, 16.754, 50.05 (7) (f), 153.05 (2m) (a), 287.15 (7), and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

SB367, s. 5 Section 5. 20.370 (2) (hg) of the statutes is created to read:

SB367,5,11 20.370 (2) (hg) Producer responsibility for electronic waste. All moneys received under s. 287.17 for the cost of administering the electronic waste program under ss. 287.07 (5) and 287.17 and to make grants under s. 287.17 (15m).

SB367, s. 6 Section 6. 287.07 (5) of the statutes is created to read:

SB367,5,16 287.07 (5) Electronic devices. (a) Except as provided under par. (b), beginning on January 1 of the first year that begins at least 365 days after the effective date of this subsection .... [revisor inserts date], no person may dispose of any of the following in a solid waste disposal facility:

SB367,5,19 1. A television; a computer monitor; a color video display device; or another video display device with a screen that is at least 8 inches in its longest diagonal measurement.

SB367,5,20 2. A computer that weighs more than 6 pounds, including a portable computer.

SB367,5,21 3. A digital audio storage device.

SB367,5,22 4. A printer.

SB367,5,23 5. A facsimile transmission device.

SB367,6,5 (b) The secretary of natural resources may delay the effective date of par. (a) if the secretary finds that application of par. (a) will result in unacceptable hardship for municipalities or counties in conducting solid waste recycling or disposal activities. The secretary may not delay the effective date by more than 3 years. The secretary shall provide a notice of any delay under this paragraph, including the delayed effective date, to the revisor of statutes for publication in the Wisconsin Administrative Register.

SB367, s. 7 Section 7. 287.17 of the statutes is created to read:

SB367,6,8 287.17 Producer accountability for electronic waste. (1) Definitions. In this section:

SB367,6,9 (a) "Covered electronic equipment" means any of the following:

SB367,6,12 1. A television; a computer monitor; a color video display device; or another video display device with a screen that is at least 8 inches in its longest diagonal measurement.

SB367,6,13 2. A computer that weighs more than 6 pounds, including a portable computer.

SB367,6,14 3. A digital audio storage device.

SB367,6,15 4. A printer.