SB621: Bill Text

This bill also requires DNR, at least two months before the beginning of a program year, to notify each registered manufacturer of its total target recycling weight and target rural county recycling weight for the upcoming program year.

Manufacturer shortfall fees

Under current law, a manufacturer must pay a shortfall fee with its annual registration if it did not recycle enough electronic devices during the previous year to meet its target recycling weight.

This bill creates a separate rural county shortfall fee, which must be paid if the manufacturer failed to meet its target rural county recycling weight for the previous year.

Under the bill, if a manufacturer exceeds its total target recycling weight by more than 20 percent for a program year, the manufacturer may elect to be exempt from any rural county recycling weight shortfall fee owed for that program year. If a manufacturer elects to be exempt from the rural shortfall fee for a program year, the manufacturer may not accumulate any recycling credits for that program year.

Manufacturer recycling credits

Under current law, a manufacturer gains a certain number of recycling credits if it recycles more than its target recycling weight during a program year.

This bill allows a manufacturer to accumulate rural county recycling credits if it exceeds its target rural county recycling weight during a program year. The manufacturer may apply these rural county recycling credits toward meeting its total target recycling weight or its target rural county recycling weight for the succeeding program year, or may sell them to another manufacturer. Under the bill, a manufacturer's total recycling credits, earned from exceeding its total recycling weight for a program year, may be applied only toward its total target recycling weight and may not be used toward meeting its target rural county recycling weight.

Manufacturer reporting requirements

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.

Manufacturer registration fee

Under current law, a manufacturer 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.

This 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.

Recycler reporting requirements

This bill changes the reporting requirements for registered recyclers.

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 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.

Program year

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:

SB621,1 Section 1. 287.07 (5) (a) 4. of the statutes is amended to read:

SB621,4,2 287.07 (5) (a) 4. A digital video disc player.

SB621,2 Section 2. 287.07 (5) (a) 5. of the statutes is repealed.

SB621,3 Section 3. 287.07 (5) (a) 6. of the statutes is amended to read:

SB621,4,5 287.07 (5) (a) 6. A video cassette recorder.

SB621,4 Section 4. 287.07 (5) (a) 7. of the statutes is repealed.

SB621,5 Section 5. 287.17 (1) (a) of the statutes is repealed.

SB621,6 Section 6. 287.17 (1) (e) of the statutes is amended to read:

SB621,5,8 287.17 (1) (e) "Consumer computer" means a high-speed data processing device for performing logical, arithmetic, or storage functions that is marketed by the manufacturer for use by households or schools, except that "consumer computer" does not include an automated typewriter or typesetter or other similar device, a portable hand-held calculator or other similar device, or other similar device a device with a built-in video display less than 7 inches in its longest diagonal measurement.

SB621,7 Section 7. 287.17 (1) (eg) 1. c. of the statutes is created to read:

SB621,5,11 287.17 (1) (eg) 1. c. A printer, the primary function of which is 3-dimensional printing.

SB621,8 Section 8. 287.17 (1) (eg) 1. d. of the statutes is created to read:

SB621,5,14 287.17 (1) (eg) 1. d. A printer, the primary function of which is printing photographs.

SB621,9 Section 9. 287.17 (1) (em) of the statutes is amended to read:

SB621,5,20 287.17 (1) (em) "Consumer video display device" means a television or, computer monitor, or other video display device with a tube or screen that is at least 7 inches in its longest diagonal measurement and that is marketed by the manufacturer for use by households or schools, except that "consumer video display device" does not include any of the following:

SB621,5,23 1. A television or, computer monitor , or video display device that is part of a motor vehicle and that is incorporated into the motor vehicle by, or for, a motor vehicle manufacturer or a franchised motor vehicle dealer.

SB621,6,2 2. A television or, computer monitor , or video display device that is contained within a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or stove, dishwasher, room air conditioner, dehumidifier, or air purifier.

SB621,10 Section 10. 287.17 (1) (f) of the statutes is amended to read:

SB621,6,5 287.17 (1) (f) "Covered electronic device" means a consumer video display device, a consumer computer, or a consumer printer , or a video game console.

SB621,11 Section 11. 287.17 (1) (gs) 1., 4m., 5m., 6. and 6m. of the statutes are repealed.

SB621,12 Section 12. 287.17 (1) (gs) 1m. of the statutes is created to read:

SB621,6,8 287.17 (1) (gs) 1m. A covered electronic device.

SB621,13 Section 13. 287.17 (1) (gs) 4. of the statutes is amended to read:

SB621,6,10 287.17 (1) (gs) 4. A digital video disc player.

SB621,14 Section 14. 287.17 (1) (gs) 5. of the statutes is amended to read:

SB621,6,12 287.17 (1) (gs) 5. A video cassette recorder.

SB621,15 Section 15. 287.17 (1) (j) of the statutes is amended to read:

SB621,6,17 287.17 (1) (j) "Peripheral" means a keyboard or any other device, other than a consumer printer, that is sold exclusively for external use with a consumer computer or consumer video display device and that provides input into or output from a consumer computer or consumer video display device.

SB621,16 Section 16. 287.17 (1) (k) of the statutes is renumbered 287.17 (1) (k) (intro.) and amended to read:

SB621,6,21 287.17 (1) (k) (intro.) "Program year" means the period from July 1 to the following June 30. one of the following:

SB621,17 Section 17. 287.17 (1) (k) 1. of the statutes is created to read:

SB621,6,24 287.17 (1) (k) 1. For any period before the beginning of the transition year, a period that runs from July 1 to the following June 30.

SB621,18 Section 18. 287.17 (1) (k) 2. of the statutes is created to read:

SB621,7,1 287.17 (1) (k) 2. The transition year.

SB621,19 Section 19. 287.17 (1) (k) 3. of the statutes is created to read:

SB621,7,4 287.17 (1) (k) 3. For any period after the end of the transition year, a period that runs from January 1 to the following December 31.

SB621,20 Section 20. 287.17 (1) (np) of the statutes is amended to read:

SB621,7,10 287.17 (1) (np) "School" means a public school, as defined in s. 115.01 (1), a private school participating in the program under s. 118.60, or a private school participating in the program under s. 119.23 elementary or secondary school, including a charter school, as defined in s. 115.001 (1), or a private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m).

SB621,21 Section 21. 287.17 (1) (pg) of the statutes is created to read:

SB621,7,14 287.17 (1) (pg) "Transition year" means the 18-month period from the July 1 following the effective date of this paragraph .... [LRB inserts date], to the December 31 of the following year.

SB621,22 Section 22. 287.17 (1) (q) of the statutes is created to read:

SB621,7,19 287.17 (1) (q) "Video game console" means an interactive electronic device, the primary purpose of which is to produce a video display signal that can be used with a display device such as a television or computer monitor to display a video game or other interactive activity.

SB621,23 Section 23. 287.17 (2) (a) (intro.) of the statutes is amended to read:

SB621,7,24 287.17 (2) (a) Manufacturers. (intro.) Beginning on February 1, 2010, a A manufacturer may not sell to a household or school, offer to sell to a household or school, or deliver to a retailer for subsequent sale to a household or school a new covered electronic device unless all of the following apply:

SB621,24 Section 24. 287.17 (2) (c) 1. of the statutes is amended to read:

SB621,8,5 287.17 (2) (c) 1. Beginning on July 1, 2010, a A retailer may not sell or offer for sale to a household or school a new covered electronic device unless, before making the first offer for sale, the retailer has determined that the brand of the covered electronic device is listed on the department's Internet site under sub. (10) (a).

SB621,25 Section 25. 287.17 (3) (a) (intro.) of the statutes is amended to read:

SB621,8,10 287.17 (3) (a) (intro.) To comply with sub. (2) (a) 2., a manufacturer shall, no later than February 1, 2010, and annually, no later than September 1 beginning in 2010 the first day of the 3rd month of each program year, submit to the department a registration that includes all of the following:

SB621,26 Section 26. 287.17 (3) (b) (intro.) of the statutes is amended to read:

SB621,8,14 287.17 (3) (b) (intro.) Beginning with the registration due by September 1, 2010, a A manufacturer shall indicate in its registration under par. (a) which of the following applies:

SB621,27 Section 27. 287.17 (3) (c) of the statutes is amended to read:

SB621,8,20 287.17 (3) (c) Notwithstanding the deadline in par. (a), a manufacturer who begins selling covered electronic devices after February 1, 2010, 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 covered electronic devices.

SB621,28 Section 28. 287.17 (3) (e) of the statutes is amended to read:

SB621,8,24 287.17 (3) (e) A complete registration is effective on receipt by the department and is valid until the first day of the 3rd month of the following September 1 program year unless revoked before that date.

SB621,29 Section 29. 287.17 (3m) (title) and (a) of the statutes are created to read:

SB621,9,3 287.17 (3m) (title) Manufacturer recycling targets, actual recycling weights, and recycling credits. (a) Total target recycling weight. A manufacturer's total target recycling weight for a program year is calculated as follows:

SB621,9,6 1. Determine the weight of eligible electronic devices received for recycling by all registered recyclers in the program year that began 2 program years before the beginning of the program year for which the calculation is made.

SB621,9,8 2. Multiply the amount determined under subd. 1. by the manufacturer's target recycling percentage for that program year, as determined under par. (b).

SB621,9,10 3. If the program year for which the calculation is made is the transition year, multiply the amount determined under subd. 2. by 1.5.

SB621,9,13 4. If the program year that began 2 program years before the beginning of the program year for which the calculation is made is the transition year, multiply the amount determined under subd. 2. by two-thirds.

SB621,30 Section 30. 287.17 (3m) (b) of the statutes is created to read:

SB621,9,16 287.17 (3m) (b) Target recycling percentage. A manufacturer's target recycling percentage for a program year is calculated as follows:

SB621,9,21 1. Unless subd. 2. applies, determine the average weight of covered electronic devices sold to households or schools in this state by the manufacturer during the 2-program-year period that began 4 program years before the beginning of the program year for which the calculation is made, as reported by the manufacturer under sub. (5) (a), subject to subd. 5.

SB621,9,25 2. If the program year for which the calculation is made is the 3rd full program year during which the manufacturer's covered electronic devices are sold or offered for sale to households or schools in this state, determine the weight of covered electronic devices sold to households or schools in this state by the manufacturer during the program year that began 3 program years before the beginning of the program year for which the calculation is made, as reported by the manufacturer under sub. (5) (a), subject to subd. 5.

SB621,10,9 3. Determine the average weight of covered electronic devices sold to households or schools in this state by all registered manufacturers during the 2-program-year period that began 4 program years before the beginning of the program year for which the calculation is made, based on the total of all weights reported under sub. (5) (a) by all registered manufacturers for those program years, subject to subd. 5.