SB397: Bill Text

SB397,9,7 3. The manufacturer pays the fees under sub. (4).

SB397,9,9 4. The manufacturer collects and recycles or arranges for the collection and recycling of covered electronic devices used by households in this state.

SB397,9,11 5. Individuals are not charged a fee when they relinquish covered electronic devices for collection and recycling under subd. 4.

SB397,9,13 6. The manufacturer reports as required under sub. (5) and conducts assessments as required under sub. (6).

SB397,9,16 (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.

SB397,9,21 (c) Retailers. 1. Beginning on February 1, 2009, a retailer may not sell or offer for sale 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).

SB397,9,25 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or expired and the retailer took possession of a video display device of the manufacturer before the registration was revoked or expired, the retailer may sell the video display device, but only if the sale takes place fewer than 180 days after the revocation or expiration.

SB397,10,3 (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:

SB397,10,5 1. A list of the manufacturer's brands of video display devices offered for sale in this state.

SB397,10,7 2. The name, address, and contact information of an individual responsible for ensuring compliance with this section.

SB397,10,9 3. A certification that the manufacturer has complied, and will continue to comply, with the requirements of this section.

SB397,10,18 (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 contain lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls, or polybrominated diphenyl ethers and, if so, whether the amount of any of those substances exceeds a maximum concentration level provided under the Annex to European Union Directive 2002/95/EC and whether there is an exemption in the Annex to European Union Directive 2002/95/EC permitting those substances to be used in the manner in which they are used in the manufacturer's video display devices.

SB397,10,23 (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.

SB397,11,3 (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.

SB397,11,5 (e) A registration is effective on receipt by the department and is valid until the following September 1 unless revoked before that date.

SB397,11,10 (f) The department shall review a registration submitted under this section and notify the manufacturer if the registration does not contain all of the information required under this subsection. A manufacturer who receives notice under this paragraph shall submit the information within 30 days after the day on which it receives the notice.

SB397,11,12 (4) Manufacturer fees; recycling credits. (a) Payment. To comply with sub. (2) (a) 3., a manufacturer shall pay fees as provided in this subsection.

SB397,11,17 (b) First year. The 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. A manufacturer shall pay the fee under this paragraph with the registration that it submits under sub. (3).

SB397,12,2 (c) Subsequent years. In each year after the year in which a manufacturer pays the fee under par. (b), the manufacturer shall pay, with the registration that it submits under sub. (3), a base fee of $2,500, except that, if the manufacturer sells fewer than 100 video display devices in this state annually, the base fee is $1,250. In addition to the base fee, a manufacturer shall pay variable fees under par. (d) or (dm) if the amount calculated under par. (d) or (dm) is a positive number. With each registration that a manufacturer submits under sub. (3), the manufacturer shall state whether it will calculate and pay variable fees on an annual basis under par. (d) or on a quarterly basis under par. (dm).

SB397,12,6 (d) Annual variable fee. If a manufacturer calculates variable fees on an annual basis, the manufacturer shall pay the fees with the registration that it submits under sub. (3). The variable fee for a manufacturer that chooses to pay on an annual basis is calculated as follows:

SB397,12,10 1. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's video display devices sold to households in this state during the previous program year, as reported under sub. (5) (a), by 0.6 for the program year ending on June 30, 2009, and by 0.8 for every other program year.

SB397,12,14 2. Determine the actual recycling weight by adding the weight of covered electronic devices recycled by or on behalf of the manufacturer, as determined under par. (f) 1., plus the number of recycling credits that a manufacturer elects to use, as reported to the department under sub. (5) (c) 3.

SB397,12,16 3. Subtract the actual recycling weight, determined under subd. 2., from the target recycling weight, determined under subd. 1.

SB397,12,18 4. Multiply the amount determined under subd. 3. by the estimated cost of recycling determined as follows:

SB397,12,22 a. Fifty-five cents per pound for a manufacturer if the weight of covered electronic devices collected by or on behalf of the manufacturer, as determined under par. (f) 1., is less than 50 percent of the target recycling weight, determined under subd. 1.

SB397,13,2 b. Forty-four cents per pound for a manufacturer if the weight of covered electronic devices collected by or on behalf of the manufacturer, as determined under par. (f) 1., is at least 50 percent but not more than 90 percent of the target recycling weight, determined under subd. 1.

SB397,13,6 c. Thirty-three cents per pound for a manufacturer if the weight of covered electronic devices collected by or on behalf of the manufacturer, as determined under par. (f) 1., is more than 90 percent of the target recycling weight, determined under subd. 1.

SB397,13,9 (dm) Quarterly fee. 1. If a manufacturer calculates variable fees on a quarterly basis, the manufacturer shall pay the fees with the reports that it submits under sub. (5) (a), beginning with the report that is due no later than December 1, 2008.

SB397,13,11 2. The quarterly variable fee for a manufacturer for the first 3 quarters of a program year is calculated as follows:

SB397,13,16 a. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's video display devices sold to households in this state during the previous program quarter, as reported under sub. (5) (a), by 0.6 for program quarters in the program year ending on June 30, 2009, and by 0.8 for program quarters in every other program year.

SB397,13,17 b. Determine the actual recycling weight under par. (f) 2.

SB397,13,19 c. Subtract the actual recycling weight, determined under subd. 2. b., from the target recycling weight, determined under subd. 2. a.

SB397,13,21 d. Multiply the amount determined under subd. 2. c. by the estimated cost of recycling determined under subd. 5.

SB397,13,23 3. The quarterly variable fee for a manufacturer for the last quarter of a program year is calculated as follows:

SB397,14,2 a. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's video display devices sold to households in this state during the previous program year, as reported under sub. (5) (a), by 0.6 for the program year ending on June 30, 2009, and by 0.8 for every other program year.

SB397,14,6 b. Determine the actual recycling weight by adding the weight of covered electronic devices recycled by or on behalf of the manufacturer, as determined under par. (f) 1., plus the number of recycling credits that a manufacturer elects to use, as reported to the department under sub. (5) (c) 3.

SB397,14,8 c. Subtract the actual recycling weight, determined under subd. 3. b., from the target recycling weight, determined under subd. 3. a.

SB397,14,10 d. Multiply the amount determined under subd. 3. c. by the estimated cost of recycling determined under subd. 5.

SB397,14,12 e. Determine the total amount of the quarterly fees paid for the first 3 quarters of the program year.

SB397,14,16 f. If the amount determined under subd. 3. d. is greater than the amount determined under subd. 3. e., the fee for the last quarter equals the difference. If the amount determined under subd. 3. d. is equal to or less than the amount determined under subd. 3. e., the manufacturer is not required to pay a fee for the last quarter.

SB397,14,19 4. If the amount determined under subd. 3. d. is less than the amount determined under subd. 3. e., the department shall refund the difference to the manufacturer.

SB397,14,20 5. The estimated cost of recycling is determined as follows:

SB397,14,24 a. Fifty cents per pound for a manufacturer if the number of pounds of covered electronic devices collected by or on behalf of the manufacturer, as determined under par. (f) 1. or 2., is less than 50 percent of the target recycling weight, determined under subd. 2. a. or 3. a.

SB397,15,4 b. Forty cents per pound for a manufacturer if the number of pounds of covered electronic devices collected by or on behalf of the manufacturer, as determined under par. (f) 1. or 2., is at least 50 percent but not more than 90 percent of the target recycling weight, determined under subd. 2. a. or 3. a.

SB397,15,8 c. Thirty cents per pound for a manufacturer if the number of pounds of covered electronic devices collected by or on behalf of the manufacturer, as determined under par. (f) 1. or 2., is more than 90 percent of the target recycling weight, determined under subd. 2. a. or 3. a.

SB397,15,15 (e) Recycling credits. If, for a program year, the weight of covered electronic devices recycled by or on behalf of a manufacturer, as determined under par. (f) 1., exceeds the target recycling weight determined under par. (d) 1. or (dm) 3. a., the manufacturer has a number of recycling credits equal to the number of excess pounds. The manufacturer may use the credits for the purpose of par. (d) 2. or (dm) 3. b. for any of the 3 succeeding program years or may sell credits to another manufacturer for use for any of the 3 succeeding program years.

SB397,15,23 (f) Weight recycled. 1. The weight of covered electronic devices recycled by or on behalf of a manufacturer for a program year is the weight reported under sub. (5) (b) for that program year, except that if the manufacturer reports separately the weight of covered electronic devices collected from households in rural counties and from households in urban counties for a program year the weight is determined by adding the weight collected from households in urban counties in that program year and 1.5 times the weight collected from households in rural counties in that program year.

SB397,16,6 2. The weight of covered electronic devices recycled by or on behalf of a manufacturer for a program quarter is the weight reported under sub. (5) (b) for that program quarter, except that if the manufacturer reports separately the weight of covered electronic devices collected from households in rural counties and from households in urban counties for a program quarter the weight is determined by adding the weight collected from households in urban counties in that program quarter and 1.5 times the weight collected from households in rural counties in that program quarter.

SB397,16,10 (5) Manufacturers reporting requirements. (a) Weight of video display devices sold. 1. No later than December 1, March 1, June 1, and September 1 of each program year, beginning with December 1, 2008, a manufacturer shall report one of the following to the department:

SB397,16,12 a. The total weight of each model of its video display devices sold to households in this state during the previous program quarter.

SB397,16,14 b. The total weight of all of its video display devices sold to households in this state during the previous program quarter.

SB397,16,16 c. An estimate of the total weight of its video display devices sold to households in this state during the previous program quarter based on national sales data.

SB397,16,18 2. A manufacturer shall include in the report required under subd. 1. a description of how the manufacturer calculated the weight reported under subd. 1.

SB397,17,3 (b) Weight of covered electronic devices collected and recycled. No later than December 1, March 1, June 1, and September 1 of each program year, beginning with December 1, 2008, a manufacturer shall report to the department the total weight of covered electronic devices that the manufacturer collected from households in this state and recycled or arranged to have collected from households in this state and recycled during the preceding program quarter. A manufacturer may report separately the weight of covered electronic devices collected from households in rural counties and from households in urban counties for the purpose of obtaining the weight adjustment under sub. (4) (f) for covered electronic devices collected from households in rural counties.

SB397,17,5 (c) Recycling credits. No later than September 1 of each year, beginning in 2009, a manufacturer shall report all of the following to the department:

SB397,17,7 1. The number of recycling credits that the manufacturer purchased during the preceding program year.

SB397,17,9 2. The number of recycling credits that the manufacturer sold during the preceding program year.

SB397,17,11 3. The number of recycling credits that the manufacturer elects to use in the calculation of its variable recycling fee under sub. (4) (d) 2.

SB397,17,13 4. The number of recycling credits available to the manufacturer after calculating its variable recycling fee under sub. (4) (d) 2.

SB397,17,18 (6) Manufacturer assessment requirements. A manufacturer shall conduct and document assessments of the performance of any collectors and recyclers with whom it contracts, including assessments of whether the recyclers comply with sub. (8) (c). A manufacturer shall maintain, for 3 years, documentation of its assessments under this subsection.

SB397,17,22 (7) Collectors. (a) Registration. 1. Beginning on August 1, 2008, no person may operate as a collector unless the person submits to the department an annual registration, using a form prescribed by the department, that includes all of the following:

SB397,17,23 a. The name, address, and contact information of a responsible individual.

SB397,17,24 b. The address at which the person operates as a collector.

SB397,18,3 c. A certification that the person has complied, and will continue to comply, with the requirements of this subsection and with application financial responsibility requirements.

SB397,18,5 2. A registration is effective on receipt by the department and is valid until the following August 1 unless revoked before that date.

SB397,18,10 (b) Reporting. No later than November 1, February 1, May 1, and August 1 of each program year, beginning November 1, 2008, a collector shall report to the department the total weight of covered electronic devices collected in this state during the preceding program quarter and a list of all recyclers to whom the collector delivered covered electronic devices.

SB397,18,14 (8) Recyclers. (a) Registration. 1. Beginning on August 1, 2008, no person may operate as a recycler unless the person submits to the department an annual registration, using a form prescribed by the department, that includes all of the following:

SB397,18,15 a. The name, address, and contact information of a responsible individual.

SB397,18,16 b. The address of all facilities at which the person conducts recycling.

SB397,18,18 c. A certification that the person has complied, and will continue to comply, with the requirements of this subsection.

SB397,18,20 2. A registration is effective on receipt by the department and is valid until the following August 1 unless revoked before that date.

SB397,18,24 (b) Reporting. No later than November 1, February 1, May 1, and August 1 of each program year, beginning with November 1, 2008, a recycler shall report to the department the total weight of covered electronic devices collected in this state that the recycler recycled during the preceding program quarter.

SB397,19,3 (c) Operational requirements. 1. A recycler shall maintain liability insurance coverage in the amount of at least $1,000,000 for environmental releases, accidents, and other emergencies.

SB397,19,4 2. A recycler may not use prison labor to recycle covered electronic devices.

SB397,19,8 3. A recycler may not export covered electronic devices to any country that is not a member of the Organization for Economic Cooperation and Development except for covered electronic devices that are in working order and destined for direct reuse.

SB397,19,13 (d) Certification. No later than August 1 of each year, beginning in 2009, a recycler shall submit to the department a certification that states that the recycler, and all persons who conduct recycling activities on covered electronic devices or materials derived from covered electronic devices after the recycler completes its recycling activities on the covered electronic devices or materials:

SB397,19,15 1. Comply with applicable health, environmental, safety, and financial responsibility requirements;

SB397,19,16 2. Have all required governmental licenses or other approvals;

SB397,19,18 3. Possess liability insurance coverage in the amount of at least $1,000,000 for environmental releases;

SB397,19,19 4. Use no prison labor to recycle covered electronic devices; and

SB397,19,22 5. Do not export covered electronic devices to any country that is not a member of the Organization for Economic Cooperation and Development except for covered electronic devices that are in working order and destined for direct reuse.

SB397,20,3 (9) Retailers. (a) Reporting to manufacturers. No later than November 1, February 1, May 1, and August 1 of each program year, beginning with November 1, 2008, 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 the previous program quarter.

SB397,20,11 (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 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.

SB397,20,22 (10) Powers and duties of the department. (a) Internet site. 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.

SB397,20,25 (b) Providing information. 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.

SB397,21,2 (c) Review of formula. 1. The department shall annually review all of the following:

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

SB397,21,5 b. The estimated cost of recycling under sub. (4) (d) 4.

SB397,21,6 c. The base registration fee under sub. (4) (c).