SB397: Bill Text

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).

SB397,21,8 d. The multiplier for the weight of covered electronic devices collected from households in rural counties under sub. (4) (f).

SB397,21,13 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.

SB397,21,17 (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:

SB397,21,18 1. The total weight of covered electronic devices recycled.

SB397,21,20 2. A summary of the information provided by manufacturers and recyclers under subs. (5) and (8).

SB397,21,22 3. Information concerning the collection programs used by manufacturers to collect covered electronic devices.

SB397,21,24 4. Information concerning the collection of covered electronic devices by persons other than registered manufacturers, collectors, and recyclers.

SB397,22,2 5. Information about any disposal of covered electronic devices in landfills in this state.

SB397,22,3 6. A description of any actions taken to enforce the requirements of this section.

SB397,22,8 (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.

SB397,22,15 (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.

SB397,22,17 (g) Cooperation with other states. The department may cooperate with other states to effectuate the program under this section.

SB397,22,20 (h) Revocation. The department shall revoke the registration of a manufacturer who violates sub. (2) (a), (3), (4), (5), or (6). The department may revoke the registration of a collector or recycler who violates sub. (7) or (8) (a).

SB397,22,25 (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).

SB397,23,8 (j) Audits. The department may perform or contract for the performance of an audit of the activities of a collector or 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.

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

SB397,23,12 (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, s. 7 Section 7. 287.91 (2) of the statutes is amended to read:

SB397,23,16 287.91 (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, s. 8 Section 8. 287.97 of the statutes is amended to read:

SB397,23,21 287.97 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, s. 9 Section 9. Nonstatutory provisions.

SB397,24,2 (1) Permanent position authorization. The authorized FTE positions for the department of natural resources are increased by 2.0 SEG positions, 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.

SB397,24,6 (2) Project position authorization. The authorized FTE positions for the department of natural resources are increased by 2.0 SEG 2-year project positions, to be funded from the appropriation under section 20.370 (2) (hq) of the statutes, for start up of the electronic waste recycling program.

SB397,24,7 (End)