Amendment SSA1-SB397

SB397-SSA1,17,25 3. Except as provided under par. (e), a registered recycler shall demonstrate that it has implemented, or commit itself to implementing within one year of the recycler's initial registration under par. (a), an environmental management system, as defined in s. 299.83 (1) (b), for each facility at which it conducts recycling, that is in compliance with the standards for environmental management systems issued by the International Organization for Standardization or determined by the department to be a functionally equivalent environmental management system, as defined in s. 299.83 (1) (dg).

SB397-SSA1,18,5 4. Except as provided under par. (e), at least once every 3 years a registered recycler shall have an environmental management system audit, as defined in s. 299.83 (1) (bm), of its environmental management system under subd. 3. performed by an outside environmental auditor, as defined in s. 299.83 (1) (dr), approved by the department.

SB397-SSA1,18,7 5. A registered recycler shall comply with any other operational requirement in rules promulgated under par. (e).

SB397-SSA1,18,13 (d) Certification. No later than August 1 of each year, beginning in 2009, a registered recycler shall submit to the department a certification that states that the registered recycler, and all persons who conduct recycling activities on covered electronic devices or materials derived from covered electronic devices after the registered recycler completes its recycling activities on the covered electronic devices or materials:

SB397-SSA1,18,15 1. Comply with applicable health, environmental, safety, and financial responsibility requirements, including the requirements in 40 CFR 261.39;

SB397-SSA1,18,16 2. Have all required governmental licenses or other approvals;

SB397-SSA1,18,18 3. Possess liability insurance coverage in the amount of at least $1,000,000 for environmental releases; and

SB397-SSA1,18,20 4. Use no prison labor to recycle covered electronic devices the weight of which was or will be reported under sub. (5) (b).

SB397-SSA1,19,4 (e) Modifying or adding requirements by rule. The department shall review the requirements under par. (c) 3. and 4. to determine whether it is necessary to modify or add to those requirements so that the requirements applicable to registered recyclers are at least equivalent to nationally recognized standards for recycling covered electronic devices. If the department determines that it is necessary to modify or add to the requirements under par. (c) 3. and 4., the department shall promulgate rules that modify or add to the requirements so that they are at least equivalent to nationally recognized standards for recycling covered electronic devices.

SB397-SSA1,19,10 (9) Retailers. (a) Reporting to manufacturers. No later than May 1 of each program year, beginning with May 1, 2009, a retailer shall report to a manufacturer, using a format specified or approved by the department, the number of video display devices, by model, labeled with the manufacturer's brand that the retailer sold to households in this state during each program quarter during the previous program year.

SB397-SSA1,19,18 (b) Providing information to purchasers. A retailer who sells new video display devices for use by households shall provide to purchasers information describing how video display devices can be collected and recycled and a description of the prohibitions in s. 287.07 (5) (a). A retailer may satisfy this requirement by providing a toll-free number for receiving the information and a description of how to access the department's Internet site under sub. (10) (a). A retailer who sells through a catalog may provide the information in the catalog. A retailer who sells through the Internet may provide the information on its Internet site.

SB397-SSA1,19,23 (9m) Record keeping and inspection. A person subject to sub. (3), (7), (8), or (9) shall maintain records related to the program under this section and reports required under this section for at least 3 years. The department may inspect records of a person subject to sub. (3), (7), (8), or (9) that are related to the program under this section.

SB397-SSA1,20,9 (10) Powers and duties of the department. (a) Internet site; manufacturers. The department shall maintain an Internet site on which the department lists the names of manufacturers who are registered under sub. (3) and the names of the brands listed in the manufacturers' registrations. The department shall update the information on the Internet site promptly upon receipt of a new or revised registration. The department shall include on the Internet site a statement that this section applies only to video display devices sold for household use and that the list of manufacturers is not a list of manufacturers qualified to sell video display devices for industrial, commercial, or other nonhousehold uses. The department shall also include on the Internet site the contact information provided by manufacturers under sub. (3) (a) 2.

SB397-SSA1,20,13 (am) Internet site; recyclers. The department shall maintain an Internet site on which the department lists the names of registered recyclers. The department shall update the information on the Internet site promptly upon receipt of a new or revised registration.

SB397-SSA1,20,16 (b) Providing information. Except as provided in par. (bm) the department shall make the information provided in registration statements and reports under subs. (3), (5), (7), and (8) available to manufacturers, retailers, and the public.

SB397-SSA1,20,22 (bm) Confidentiality. 1. The department shall keep confidential any part of a record, report, or other information obtained in the administration of this section upon receiving an application for confidential status by any person containing a showing satisfactory to the department that the part of a record, report, or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.

SB397-SSA1,21,3 2. If the department refuses to release information on the grounds that it is confidential under subd. 1. and a person challenges that refusal, the department shall inform the affected participant of that challenge. Unless the participant authorizes the department to release the information, the participant shall pay the reasonable costs incurred by this state to defend the refusal to release the information.

SB397-SSA1,21,9 3. Subdivision 1. does not prevent the disclosure of any information to a representative of the department for the purpose of administering this section or to an officer, employee, or authorized representative of the federal government for the purpose of administering federal law. When the department provides information that is confidential under subd. 1. to the federal government, the department shall also provide a copy of the application for confidential status.

SB397-SSA1,21,11 (c) Review of formula. 1. The department shall annually review all of the following:

SB397-SSA1,21,13 a. The number by which the weight of video display devices sold is multiplied under sub. (4) (d) 1. and (dm) 2. a. to determine target recycling weight.

SB397-SSA1,21,14 b. The estimated cost of recycling under sub. (4) (d) 4. and (dm) 5.

SB397-SSA1,21,15 c. The registration fee under sub. (4) (b) 2.

SB397-SSA1,21,17 d. The multiplier for the weight of covered electronic devices collected from households in rural counties under sub. (4) (f).

SB397-SSA1,21,22 2. If the department determines that any of the values under subd. 1. a. to d. should be changed in order to improve the effectiveness of the program under this section or to provide more recycling opportunities to rural areas of this state, the department shall report its recommendations for changes under s. 13.172 (3) to the committee of each house of the legislature with jurisdiction over solid waste policy.

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)