Amendment SSA1-SB397

SENATE SUBSTITUTE AMENDMENT 1, TO 2007 SENATE BILL 397

March 5, 2008 - Offered by Committee on Environment and Natural Resources.

SB397-SSA1,1,5 An Act to amend 287.91 (2), 287.95 (1) and 287.97; and to create 20.370 (2) (hr), 25.49 (1m), 287.07 (5), 287.09 (2) (ar), 287.13 (5) (i) and 287.17 of the statutes; relating to: the disposal, collection, and recycling of electronic devices, granting rule-making authority, making an appropriation, and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB397-SSA1, s. 1 Section 1. 20.370 (2) (hr) of the statutes is created to read:

SB397-SSA1,1,9 20.370 (2) (hr) Electronic waste recycling. From the recycling and renewable energy fund, all moneys received under s. 287.17 (4) and (10) (j) for administration of the electronic waste recycling program under s. 287.17.

SB397-SSA1, s. 2 Section 2. 25.49 (1m) of the statutes is created to read:

SB397-SSA1,1,11 25.49 (1m) The moneys received under s. 287.17 (4) and (10) (j).

SB397-SSA1, s. 3 Section 3. 287.07 (5) of the statutes is created to read:

SB397-SSA1,2,5 287.07 (5) Electronic devices. (a) Beginning on September 1, 2009, no person may dispose of in a solid waste disposal facility, burn in a solid waste treatment facility, or place in a container the contents of which will be disposed of in a solid waste disposal facility or burned in a solid waste treatment facility, any of the following:

SB397-SSA1,2,6 1. A computer, as defined in s. 287.17 (1) (d).

SB397-SSA1,2,7 2. A peripheral, as defined in s. 287.17 (1) (j).

SB397-SSA1,2,8 3. A facsimile machine.

SB397-SSA1,2,9 4. A digital video disc player.

SB397-SSA1,2,11 5. A digital video player that does not use a disc and that is not a camera, as defined in s. 287.17 (1) (a).

SB397-SSA1,2,12 6. A video cassette recorder.

SB397-SSA1,2,14 7. A video recorder that does not use a cassette and that is not a camera, as defined in s. 287.17 (1) (a).

SB397-SSA1,2,15 8. A video display device, as defined in s. 287.17 (1) (q).

SB397-SSA1,2,16 9. A telephone with a video display.

SB397-SSA1,2,18 10. Another kind of electronic device identified by the department under s. 287.17 (10) (i).

SB397-SSA1,2,23 (b) The operator of a solid waste disposal facility or a solid waste treatment facility shall make a reasonable effort to manually separate, and arrange to have recycled, any video display device, as defined in s. 287.17 (1) (q), that is readily observable in solid waste that is delivered to the facility for disposal or burning if the operator determines that all of the following apply:

SB397-SSA1,3,3 1. Separating the video display device is practical and will not require the operator to implement measures to protect human health or safety in addition to any measures taken in the ordinary course of business.

SB397-SSA1,3,5 2. The video display device has not been damaged in such a way that recycling is not feasible or practical.

SB397-SSA1, s. 4 Section 4. 287.09 (2) (ar) of the statutes is created to read:

SB397-SSA1,3,9 287.09 (2) (ar) Provide information to persons in its region about the prohibitions under s. 287.07 (5) (a), why it is important to recycle electronic devices, and opportunities available to those persons for recycling electronic devices.

SB397-SSA1, s. 5 Section 5. 287.13 (5) (i) of the statutes is created to read:

SB397-SSA1,3,12 287.13 (5) (i) Solid waste that consists of covered electronic devices, as defined in s. 287.17 (1) (f), used by households.

SB397-SSA1, s. 6 Section 6. 287.17 of the statutes is created to read:

SB397-SSA1,3,14 287.17 Electronic waste recycling. (1) Definitions. In this section:

SB397-SSA1,3,16 (a) "Camera" means a device that records images and that is designed to be hand-held.

SB397-SSA1,3,18 (am) "Cathode-ray tube" means a vacuum tube used to convert an electronic signal into a visual image.

SB397-SSA1,3,21 (b) "Collection" means the act of receiving covered electronic devices from households and delivering, or arranging for the delivery of, the covered electronic devices to a recycler.

SB397-SSA1,3,24 (c) "Collector" means a person who receives covered electronic devices from households and delivers, or arranges for the delivery of, the covered electronic devices to a recycler.

SB397-SSA1,4,4 (d) "Computer" means a high-speed data processing device for performing logical, arithmetic, or storage functions, except that "computer" does not include an automated typewriter or typesetter, a portable hand-held calculator or device, or other similar device.

SB397-SSA1,4,7 (e) "Computer monitor" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a computer or the Internet. "Computer monitor" includes a portable computer with a display.

SB397-SSA1,4,9 (f) "Covered electronic device" means any of the following that is used by a household primarily for personal use:

SB397-SSA1,4,10 1. A computer

SB397-SSA1,4,11 2. A peripheral.

SB397-SSA1,4,12 3. A facsimile machine.

SB397-SSA1,4,13 4. A digital video disc player.

SB397-SSA1,4,14 4m. A digital video player that does not use a disc and that is not a camera.

SB397-SSA1,4,15 5. A video cassette recorder.

SB397-SSA1,4,16 5m. A video recorder that does not use a cassette and that is not a camera.

SB397-SSA1,4,17 6. A video display device.

SB397-SSA1,4,19 7. Another kind of electronic device identified by the department under sub. (10) (i).

SB397-SSA1,4,22 (g) "Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

SB397-SSA1,4,24 (gm) "Electronic device" means a device that requires electric current or electromagnetic fields to function and that contains a circuit board.

SB397-SSA1,5,2 (h) "Household" means one or more individuals who occupy one dwelling unit in a detached or multiunit building.

SB397-SSA1,5,3 (i) "Manufacturer" means a person who does any of the following:

SB397-SSA1,5,4 1. Manufactures video display devices to be sold under the person's own brand.

SB397-SSA1,5,6 2. Sells video display devices manufactured by others under the person's own brand.

SB397-SSA1,5,8 3. Licenses the person's brand for manufacture and sale of video display devices by others.

SB397-SSA1,5,11 (j) "Peripheral" means a keyboard, printer, or any other device that is sold exclusively for external use with a computer and that provides input into or output from a computer.

SB397-SSA1,5,13 (jm) "Program quarter" means a 3-month period ending on March 31, June 30, September 30, or December 31.

SB397-SSA1,5,14 (k) "Program year" means the period from July 1 to the following June 30.

SB397-SSA1,5,17 (L) "Recycler" means a person who accepts covered electronic devices from households and collectors for the purpose of recycling. "Recycler" does not include a manufacturer who accepts products for refurbishing or repair.

SB397-SSA1,5,23 (m) "Recycling" means preparing covered electronic devices for use in manufacturing processes or for recovery of useable materials and delivering the materials for use. "Recycling" does not include destruction by incineration or other processes or land disposal of recyclable materials and does not include reuse, repair, or any other process through which covered electronic devices are returned for use by households in their original form.

SB397-SSA1,5,24 (mg) "Registered collector" means a collector who is registered under sub. (7).

SB397-SSA1,5,25 (mr) "Registered recycler" means a recycler who is registered under sub. (8).

SB397-SSA1,6,2 (n) "Retailer" means a person who sells a video display device to a household in this state, in person or by mail, telephone, or the Internet, for use by the household.

SB397-SSA1,6,3 (nm) "Rural county" means a county that is not an urban county.

SB397-SSA1,6,4 (o) "Sell" means to transfer title or right to use for consideration.

SB397-SSA1,6,8 (p) "Television" means an electronic device, with a cathode ray-tube or flat panel display, primarily intended to receive video programming via broadcast, cable, or satellite transmission or to receive video images from surveillance or similar cameras.

SB397-SSA1,6,13 (pm) "Urban county" means Brown County, Calumet County, Dane County, Fond du Lac County, Jefferson County, Kenosha County, Manitowoc County, Milwaukee County, Outagamie County, Ozaukee County, Racine County, Rock County, Sheboygan County, Walworth County, Washington County, Waukesha County, or Winnebago County.

SB397-SSA1,6,17 (q) "Video display device" means a television or computer monitor with a tube or screen that is at least 9 inches in its longest diagonal measurement and that is marketed by the manufacturer for use by households, except that "video display device" does not include any of the following:

SB397-SSA1,6,20 1. A television or computer monitor 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.

SB397-SSA1,6,23 2. A television or computer monitor 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.

SB397-SSA1,7,2 (2) Requirements for sale of video display devices. (a) Manufacturers. Beginning on September 1, 2008, a manufacturer may not sell to a household, offer to sell to a household, or deliver to retailers for subsequent sale to a household a new video display device unless all of the following apply:

SB397-SSA1,7,4 1. The manufacturer permanently affixes a label to the video display device that is readily visible and that shows the manufacturer's brand.

SB397-SSA1,7,6 2. The manufacturer is registered with the department in accordance with sub. (3).

SB397-SSA1,7,7 3. The manufacturer pays the fees under sub. (4).

SB397-SSA1,7,9 4. The manufacturer recycles or arranges for the recycling by a registered recycler of covered electronic devices used by households in this state.

SB397-SSA1,7,11 5. Individuals are not charged a fee when they relinquish covered electronic devices for recycling under subd. 4.

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.