SB107-SSA1,6,76 287.13 (5) (i) Solid waste that consists of eligible electronic devices, as defined
7in s. 287.17 (1) (gs), used by households.
SB107-SSA1, s. 6 8Section 6. 287.17 of the statutes is created to read:
SB107-SSA1,6,9 9287.17 Electronic waste recycling. (1) Definitions. In this section:
SB107-SSA1,6,1110 (a) "Camera" means a device that records images and that is designed to be
11hand-held.
SB107-SSA1,6,1312 (am) "Cathode-ray tube" means a vacuum tube used to convert an electronic
13signal into a visual image.
SB107-SSA1,6,1614 (b) "Collection" means the act of receiving eligible electronic devices from
15households and delivering, or arranging for the delivery of, the eligible electronic
16devices to a recycler.
SB107-SSA1,6,1917 (c) "Collector" means a person who receives eligible electronic devices from
18households and delivers, or arranges for the delivery of, the eligible electronic devices
19to a recycler.
SB107-SSA1,6,2220 (d) "Computer monitor" means an electronic device that is a cathode-ray tube
21or flat panel display primarily intended to display information from a consumer
22computer or the Internet.
SB107-SSA1,7,223 (e) "Consumer computer" means a high-speed data processing device for
24performing logical, arithmetic, or storage functions that is marketed by the
25manufacturer for use by households, except that "consumer computer" does not

1include an automated typewriter or typesetter, a portable hand-held calculator or
2device, or other similar device.
SB107-SSA1,7,43 (eg) 1. "Consumer printer" means, except as provided in subd. 2., one of the
4following that is marketed by the manufacturer for use by households:
SB107-SSA1,7,55 a. A desktop printer.
SB107-SSA1,7,76 b. A device that prints and has other functions, such as copying, scanning, or
7sending facsimiles, and that is designed to be placed on a work surface.
SB107-SSA1,7,98 2. "Consumer printer" does not include a calculator with printing capabilities
9or a label maker.
SB107-SSA1,7,1310 (em) "Consumer video display device" means a television or computer monitor
11with a tube or screen that is at least 7 inches in its longest diagonal measurement
12and that is marketed by the manufacturer for use by households, except that
13"consumer video display device" does not include any of the following:
SB107-SSA1,7,1614 1. A television or computer monitor that is part of a motor vehicle and that is
15incorporated into the motor vehicle by, or for, a motor vehicle manufacturer or a
16franchised motor vehicle dealer.
SB107-SSA1,7,1917 2. A television or computer monitor that is contained within a clothes washer,
18clothes dryer, refrigerator, freezer, microwave oven, conventional oven or stove,
19dishwasher, room air conditioner, dehumidifier, or air purifier.
SB107-SSA1,7,2120 (f) "Covered electronic device" means a consumer video display device, a
21consumer computer, or a consumer printer.
SB107-SSA1,7,2422 (g) "Dwelling unit" means a single unit providing complete, independent living
23facilities for one or more persons, including permanent provisions for living,
24sleeping, eating, cooking, and sanitation.
SB107-SSA1,8,2
1(gm) "Electronic device" means a device that requires electric current or
2electromagnetic fields to function and that contains a circuit board.
SB107-SSA1,8,53 (gs) "Eligible electronic device" means a device that is one of the following and
4that is used by a household primarily for personal use, unless the device is of a kind
5exempted by a rule promulgated under s. 287.17 (10) (i):
SB107-SSA1,8,66 1. A consumer computer.
SB107-SSA1,8,77 2. A peripheral.
SB107-SSA1,8,88 3. A facsimile machine.
SB107-SSA1,8,99 4. A digital video disc player.
SB107-SSA1,8,1010 4m. A digital video player that does not use a disc and that is not a camera.
SB107-SSA1,8,1111 5. A video cassette recorder.
SB107-SSA1,8,1212 5m. A video recorder that does not use a cassette and that is not a camera.
SB107-SSA1,8,1313 6. A consumer video display device.
SB107-SSA1,8,1414 6m. A consumer printer.
SB107-SSA1,8,1615 7. Another kind of electronic device identified by the department under sub.
16(10) (i).
SB107-SSA1,8,1817 (h) "Household" means one or more individuals who occupy one dwelling unit
18in a detached or multiunit building.
SB107-SSA1,8,1919 (i) "Manufacturer" means a person who does any of the following:
SB107-SSA1,8,2120 1. Manufactures covered electronic devices to be sold under the person's own
21brand.
SB107-SSA1,8,2322 2. Sells covered electronic devices manufactured by others under the person's
23own brand.
SB107-SSA1,8,2524 3. Except as provided in sub. (1m), licenses the person's brand for manufacture
25and sale of covered electronic devices by others.
SB107-SSA1,9,3
1(j) "Peripheral" means a keyboard or any other device, other than a consumer
2printer, that is sold exclusively for external use with a consumer computer and that
3provides input into or output from a consumer computer.
SB107-SSA1,9,54 (jm) "Program quarter" means a 3-month period ending on March 31, June 30,
5September 30, or December 31.
SB107-SSA1,9,66 (k) "Program year" means the period from July 1 to the following June 30.
SB107-SSA1,9,97 (L) "Recycler" means a person who accepts eligible electronic devices from
8households and collectors for the purpose of recycling. "Recycler" does not include
9a manufacturer who accepts products exclusively for refurbishing or repair.
SB107-SSA1,9,1510 (m) "Recycling" means preparing eligible electronic devices for use in
11manufacturing processes or for recovery of useable materials and delivering the
12materials for use. "Recycling" does not include destruction by incineration or other
13processes or land disposal of recyclable materials and does not include reuse, repair,
14or any other process through which eligible electronic devices are returned for use
15by households in their original form.
SB107-SSA1,9,1616 (mg) "Registered collector" means a collector who is registered under sub. (7).
SB107-SSA1,9,1717 (mr) "Registered recycler" means a recycler who is registered under sub. (8).
SB107-SSA1,9,2018 (n) "Retailer" means a person who sells a covered electronic device to a
19household in this state, in person or by mail, telephone, or the Internet, for use by
20the household.
SB107-SSA1,9,2121 (nm) "Rural county" means a county that is not an urban county.
SB107-SSA1,9,2222 (o) "Sell" means to transfer title or right to use for consideration.
SB107-SSA1,9,2523 (p) "Television" means an electronic device, with a cathode ray-tube or flat
24panel display, primarily intended to receive video programming via broadcast, cable,

1or satellite transmission or to receive video images from surveillance or similar
2cameras.
SB107-SSA1,10,103 (pm) "Urban county" means Brown County, Calumet County, Chippewa
4County, Dane County, Dodge County, Douglas County, Dunn County, Eau Claire
5County, Fond du Lac County, Grant County, Green County, Jefferson County,
6Kenosha County, LaCrosse County, Lincoln County, Manitowoc County, Marathon
7County, Marinette County, Milwaukee County, Outagamie County, Ozaukee County,
8Pierce County, Portage County, Racine County, Rock County, Sauk County,
9Sheboygan County, St. Croix County, Walworth County, Washington County,
10Waukesha County, Winnebago County, or Wood County.
SB107-SSA1,10,16 11(1m) Transfer of manufacturer responsibilities. If a person who licenses the
12person's brand for manufacture and sale of covered electronic devices by another
13enters into a contract with the licensee under which the licensee assumes the
14responsibilities that arise under sub. (2) (a) from the sale of those covered electronic
15devices, the licensee, rather than the licensor, is the manufacturer of the covered
16electronic devices.
SB107-SSA1,10,20 17(2) Requirements for sale of covered electronic devices. (a) Manufacturers.
18Beginning on December 1, 2009, a manufacturer may not sell to a household, offer
19to sell to a household, or deliver to retailers for subsequent sale to a household a new
20covered electronic device unless all of the following apply:
SB107-SSA1,10,2221 1. The manufacturer permanently affixes a label to the covered electronic
22device that is readily visible and that shows the manufacturer's brand.
SB107-SSA1,10,2423 2. The manufacturer is registered with the department in accordance with sub.
24(3).
SB107-SSA1,10,2525 3. The manufacturer pays the fees under sub. (4).
SB107-SSA1,11,2
14. The manufacturer recycles or arranges for the recycling, by a registered
2recycler, of eligible electronic devices used by households in this state.
SB107-SSA1,11,33 5. The manufacturer reports as required under sub. (5).
SB107-SSA1,11,64 (b) Cooperation. A manufacturer may carry out its responsibilities under par.
5(a) 4. jointly with other manufacturers and may participate with other
6manufacturers in creating an entity to collect and recycle eligible electronic devices.
SB107-SSA1,11,107 (c) Retailers. 1. Beginning on May 1, 2010, a retailer may not sell or offer for
8sale to a household a new covered electronic device unless, before making the first
9offer for sale, the retailer has determined that the brand of the covered electronic
10device is listed on the department's Internet site under sub. (10) (a).
SB107-SSA1,11,1511 2. If a manufacturer's registration is revoked or expired and the retailer took
12possession of a covered electronic device of the manufacturer before the registration
13was revoked or expired, the retailer may sell the covered electronic device to a
14household, but only if the sale takes place fewer than 180 days after the revocation
15or expiration.
SB107-SSA1,11,19 16(3) Registration of manufacturers. (a) To comply with sub. (2) (a) 2., a
17manufacturer shall annually, no later than December 1 in 2009 and no later than
18September 1 beginning in 2010, submit to the department a registration that
19includes all of the following:
SB107-SSA1,11,2120 1. A list of the manufacturer's brands of covered electronic devices offered for
21sale in this state.
SB107-SSA1,11,2322 2. The name, address, and contact information of an individual responsible for
23ensuring compliance with this section.
SB107-SSA1,11,2524 3. A certification that the manufacturer has complied, and will continue to
25comply, with the requirements of this section.
SB107-SSA1,12,2
1(b) Beginning with the registration due by September 1, 2010, a manufacturer
2shall indicate in its registration under par. (a) which of the following applies:
SB107-SSA1,12,53 1. The manufacturer's covered electronic devices comply with the European
4Union directive on the restriction of the use of hazardous substances in electrical and
5electronic equipment, 2002/95/EC or a successor directive.
SB107-SSA1,12,86 2. The manufacturer's covered electronic devices do not comply with the
7European Union directive on the restriction of the use of hazardous substances in
8electrical and electronic equipment, 2002/95/EC or a successor directive.
SB107-SSA1,12,139 (c) Notwithstanding the deadline in par. (a), a manufacturer who begins selling
10covered electronic devices after December 1, 2009, and who has not previously
11submitted a registration under this subsection shall submit a registration to the
12department not more than 10 days after the day on which the manufacturer begins
13selling or offering to sell covered electronic devices.
SB107-SSA1,12,1614 (d) If a manufacturer changes the brands that it sells or offers to sell, the
15manufacturer shall update its registration not more than 10 days after making the
16change.
SB107-SSA1,12,1817 (e) A complete registration is effective on receipt by the department and is valid
18until the following September 1 unless revoked before that date.
SB107-SSA1,12,2119 (f) Within 20 business days after the receipt of a registration under this
20subsection, the department shall review the registration submitted and notify the
21manufacturer if the registration is not complete.
SB107-SSA1,12,24 22(4) Manufacturer recycling targets, fees, and recycling credits. (a)
23Payment. To comply with sub. (2) (a) 3., a manufacturer shall pay fees as provided
24in this subsection with the registration that it submits under sub. (3).
SB107-SSA1,13,3
1(b) Registration fees. 1. If the manufacturer sold at least 100 covered electronic
2devices in this state during the previous program year, the manufacturer shall pay
3a registration fee of $5,000, except, as provided under sub. (10) (k).
SB107-SSA1,13,64 2. If the manufacturer sold at least 25 but fewer than 100 covered electronic
5devices in this state during the previous program year, the manufacturer shall pay
6a registration fee of $1,250.
SB107-SSA1,13,97 3. If the manufacturer sold fewer than 25 covered electronic devices in this
8state during the previous program year, the manufacturer is not required to pay a
9registration fee.
SB107-SSA1,13,1410 (bm) Shortfall fees. In addition to the registration fee, beginning in 2010, a
11manufacturer shall pay shortfall fees under par. (c) or (d) if the amounts calculated
12under those provisions are positive numbers, except that a manufacturer is not
13required to pay shortfall fees until its covered electronic devices have been sold or
14offered for sale to households in this state for 3 full program years.
SB107-SSA1,13,1615 (c) Annual shortfall fee in 2010. The annual shortfall fee to be paid in 2010 by
16a manufacturer is calculated as follows:
SB107-SSA1,13,2117 1. Determine the manufacturer's target recycling weight by multiplying the
18number of pounds of the manufacturer's covered electronic devices sold to
19households in this state during the program year that began 36 months before the
20beginning of the program year in which the calculation is made, as reported under
21sub. (5) (a), by 0.8 and multiplying the product by 0.5.
SB107-SSA1,13,2422 2. Determine the actual recycling weight equal to the weight of eligible
23electronic devices recycled by or on behalf of the manufacturer during the last 2
24program quarters of program year 2009-10, as determined under par. (f) 2.
SB107-SSA1,14,2
13. Subtract the actual recycling weight, determined under subd. 2., from the
2target recycling weight, determined under subd. 1.
SB107-SSA1,14,43 4. Multiply the amount determined under subd. 3. by the estimated cost of
4recycling determined as follows:
SB107-SSA1,14,75 a. Fifty cents per pound for a manufacturer if the weight of eligible electronic
6devices recycled by or on behalf of the manufacturer, as determined under subd. 2.,
7is less than 50 percent of the target recycling weight, determined under subd. 1.
SB107-SSA1,14,118 b. Forty cents per pound for a manufacturer if the weight of eligible electronic
9devices recycled by or on behalf of the manufacturer, as determined under subd. 2.,
10is at least 50 percent but not more than 90 percent of the target recycling weight,
11determined under subd. 1.
SB107-SSA1,14,1412 c. Thirty cents per pound for a manufacturer if the weight of eligible electronic
13devices recycled by or on behalf of the manufacturer, as determined under subd. 2.,
14is more than 90 percent of the target recycling weight, determined under subd. 1.
SB107-SSA1,14,1615 (d) Annual shortfall fee after 2010. The annual shortfall fee to be paid by a
16manufacturer in a year after 2010 is calculated as follows:
SB107-SSA1,14,2117 1. Determine the manufacturer's target recycling weight by multiplying the
18number of pounds of the manufacturer's covered electronic devices sold to
19households in this state during the program year that began 36 months before the
20beginning of the program year in which the calculation is made, as reported under
21sub. (5) (a), by 0.8.
SB107-SSA1,15,222 2. Determine the actual recycling weight by adding the weight of eligible
23electronic devices recycled by or on behalf of the manufacturer during the previous
24program year, as determined under par. (f) 1., plus the number of recycling credits

1that a manufacturer elects to use, as reported to the department under sub. (5) (c)
23.
SB107-SSA1,15,43 3. Subtract the actual recycling weight, determined under subd. 2., from the
4target recycling weight, determined under subd. 1.
SB107-SSA1,15,65 4. Multiply the amount determined under subd. 3. by the estimated cost of
6recycling determined as follows:
SB107-SSA1,15,97 a. Fifty cents per pound for a manufacturer if the weight of eligible electronic
8devices recycled by or on behalf of the manufacturer, as determined under subd. 2.,
9is less than 50 percent of the target recycling weight, determined under subd. 1.
SB107-SSA1,15,1310 b. Forty cents per pound for a manufacturer if the weight of eligible electronic
11devices recycled by or on behalf of the manufacturer, as determined under subd. 2.,
12is at least 50 percent but not more than 90 percent of the target recycling weight,
13determined under subd. 1.
SB107-SSA1,15,1614 c. Thirty cents per pound for a manufacturer if the weight of eligible electronic
15devices recycled by or on behalf of the manufacturer, as determined under subd. 2.,
16is more than 90 percent of the target recycling weight, determined under subd. 1.
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