Amendment SSA1-SB397

SB397-SSA1,22,2 (d) Annual report. Before December 1 of each year, beginning in 2011, the department shall provide a report on the program under this section to the legislature under s. 13.172 (2) and to the governor. The department shall include all of the following in the report:

SB397-SSA1,22,3 1. The total weight of covered electronic devices recycled.

SB397-SSA1,22,5 2. A summary of the information provided by manufacturers and recyclers under subs. (5) and (8).

SB397-SSA1,22,7 3. Information concerning the recycling programs used by manufacturers to recycle covered electronic devices.

SB397-SSA1,22,9 4. Information concerning the collection and recycling of covered electronic devices by persons other than registered manufacturers, collectors, and recyclers.

SB397-SSA1,22,11 5. Information about any disposal of covered electronic devices in landfills in this state.

SB397-SSA1,22,12 6. A description of any actions taken to enforce the requirements of this section.

SB397-SSA1,22,14 7. Any recommendations to apply the requirements under sub. (2) to additional kinds of devices.

SB397-SSA1,22,19 (e) Report concerning federal legislation. If a federal law relating to the collection and recycling of video display devices sold in the United States is enacted, the department shall prepare a report describing the effect of the federal law and shall submit the report under s. 13.172 (3) to the committee of each house of the legislature with jurisdiction over solid waste policy.

SB397-SSA1,23,2 (f) Outreach and communication. The department shall promote public participation in the collection and recycling of covered electronic devices by and on behalf of manufacturers through education and outreach activities. The department shall facilitate communications between local governments, persons operating solid waste collection and recycling centers, and manufacturers to ensure that manufacturers are aware of covered electronic devices that are available for recycling.

SB397-SSA1,23,6 (g) Cooperation with other states. The department may cooperate with other states to effectuate the program under this section. The department may, with other states, operate a regional system for creating, trading, and selling credits for recycling covered electronic devices.

SB397-SSA1,23,10 (h) Suspension and revocation. The department shall revoke the registration of a manufacturer who violates sub. (2) (a), (3), (4), (5), or (6). The department may suspend or revoke the registration of a collector or recycler who violates sub. (7) or (8).

SB397-SSA1,23,15 (i) Additional covered electronic devices. If the department determines that the disposal of a kind of electronic device that is not listed in sub. (1) (f) in a solid waste disposal facility may be harmful to human health or the environment, the department may promulgate a rule specifying that the kind of electronic device is a covered electronic device and is subject to s. 287.07 (5) (a).

SB397-SSA1,23,23 (j) Audits. The department may perform or contract for the performance of an audit of the activities of a registered collector or registered recycler. If the department performs or contracts for the performance an audit of a collector or recycler during the first 3 years in which the collector or recycler is registered under sub. (7) or (8) (a), the collector or recycler shall pay 25 percent of the cost of the audit. If the department performs or contracts for the performance of an audit of a collector or recycler after the first 3 years in which the collector or recycler is registered, the collector or recycler shall pay 50 percent of the cost of the audit.

SB397-SSA1,23,25 (11) Penalties. (a) Manufacturer. Any manufacturer who violates this section may be required to forfeit not more than $10,000 for each violation.

SB397-SSA1,24,2 (b) Others. Any person, other than a manufacturer, who violates this section may be required to forfeit not more than $1,000 for each violation.

SB397-SSA1, s. 7 Section 7. 287.91 (2) of the statutes is amended to read:

SB397-SSA1,24,6 287.91 (2) Notwithstanding sub. (1) and s. 287.95 (3) (a), the attorney general may enforce s. 287.07 (3) and, (4), and (5) by seeking injunctive relief against any person violating those provisions.

SB397-SSA1, s. 8 Section 8. 287.95 (1) of the statutes is amended to read:

SB397-SSA1,24,10 287.95 (1) Any person who violates s. 287.07 (1m) or (5) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.

SB397-SSA1, s. 9 Section 9. 287.97 of the statutes is amended to read:

SB397-SSA1,24,15 287.97 Penalties. Any person who violates this chapter, except s. 287.07, 287.08, 287.17, or 287.81, or any rule promulgated under this chapter, except under s. 287.07, 287.08 or 287.81, may be required to forfeit not less than $10 nor more than $1,000 for each violation.

SB397-SSA1, s. 10 Section 10 . Nonstatutory provisions.

SB397-SSA1,24,22 (1) Submission of proposed rules. If the department of natural resources determines that it is necessary to promulgate rules under section 287.17 (8) (e) of the statutes, as created by this act, the department shall submit the rules in proposed form to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 36th month beginning after the effective date of this subsection.

SB397-SSA1,25,2 (2) Permanent position authorization. The authorized FTE positions for the department of natural resources are increased by 1.0 SEG position, to be funded from the appropriation under section 20.370 (2) (hr) of the statutes, as created by this act, to administer the electronic waste recycling program.

SB397-SSA1,25,6 (3) Project position authorization. (a ) The authorized FTE positions for the department of natural resources are increased by 1.0 SEG 2-year project position, to be funded from the appropriation under section 20.370 (2) (hq) of the statutes, for start up of the electronic waste recycling program.

SB397-SSA1,25,10 (b) The authorized FTE positions for the department of natural resources are increased by 1.0 SEG 2-year project position, to be funded from the appropriation under section 20.370 (2) (hr) of the statutes, as created by this act, for start up of the electronic waste recycling program.

SB397-SSA1, s. 11 Section 11. Fiscal changes.

SB397-SSA1,25,19 (1) Funding for positions. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (2) (hq) of the statutes, as affected by the acts of 2007, the dollar amount is increased by $26,700 for fiscal year 2007-08 and the dollar amount is increased by $160,000 for fiscal year 2008-09 to increase the authorized FTE positions for the department by 1.0 SEG position for administration of the electronic waste recycling program and to fund the 1.0 FTE SEG project position authorized under Section 10 (3) (a ) of this act.

SB397-SSA1,25,20 (End)