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.
SB107-SSA1,15,2417 (e) Recycling credits. If, for a program year, the weight of eligible electronic
18devices recycled by or on behalf of a manufacturer, as determined under par. (f) 1. or
192., exceeds the target recycling weight determined under par. (c) 1. or (d) 1., the
20manufacturer has a number of recycling credits equal to the number of excess pounds
21or 20 percent of the target recycling weight, whichever is less. The manufacturer
22may use the credits for the purpose of par. (d) 2. for any of the 3 succeeding program
23years or may sell credits to another manufacturer for use for any of the 3 succeeding
24program years.
SB107-SSA1,16,7
1(f) Weight recycled. 1. The weight of eligible electronic devices recycled by or
2on behalf of a manufacturer for a program year is the weight reported under sub. (5)
3(b) for that program year, except that if the manufacturer reports separately the
4weight of eligible electronic devices used by households in rural counties and used
5by households in urban counties for a program year, the weight is determined by
6adding the weight used by households in urban counties in that program year and
71.25 times the weight used by households in rural counties in that program year.
SB107-SSA1,16,148 2. The weight of eligible electronic devices recycled by or on behalf of a
9manufacturer for the last 2 program quarters of program year 2009-10 is the weight
10reported under sub. (5) (b) for that period, except that if the manufacturer reports
11separately the weight of eligible electronic devices used by households in rural
12counties and used by households in urban counties for that period, the weight is
13determined by adding the weight used by households in urban counties in that period
14and 1.25 times the weight used by households in rural counties in that period.
SB107-SSA1,16,17 15(5) Manufacturers reporting requirements. (a) Weight of covered electronic
16devices sold.
1. Except as provided in subd. 3., with each registration that it submits
17under sub. (3), a manufacturer shall report one of the following to the department:
SB107-SSA1,16,2018 a. The total weight of each model of its covered electronic devices sold to
19households in this state during the program year that began 24 months before the
20beginning of the program year in which the report is made.
SB107-SSA1,16,2321 b. The total weight of all of its covered electronic devices sold to households in
22this state during the program year that began 24 months before the beginning of the
23program year in which the report is made.
SB107-SSA1,17,3
1c. An estimate, based on national sales data, of the total weight of its covered
2electronic devices sold to households in this state during the program year that began
324 months before the beginning of the program year in which the report is made.
SB107-SSA1,17,54 2. A manufacturer shall include in the report required under subd. 1. a
5description of how the manufacturer calculated the weight reported under subd. 1.
SB107-SSA1,17,86 3. A manufacturer is not required to report under subd. 1. until its covered
7electronic devices have been sold or offered for sale to households in this state for one
8full program year.
SB107-SSA1,17,109 4. The department may reject a manufacturer's report under subd. 1. if it
10determines that the report is not complete or not reasonably accurate.
SB107-SSA1,18,211 (b) Weight of eligible electronic devices recycled. With the registration that it
12submits under sub. (3) in 2010, a manufacturer shall report to the department the
13total weight of eligible electronic devices used by households in this state that were
14collected by or delivered to the manufacturer for recycling by the manufacturer or
15that were collected by or delivered to a registered recycler for recycling on behalf of
16the manufacturer during the last 2 program quarters of the preceding program year.
17Beginning in 2011, with the registration that it submits under sub. (3), a
18manufacturer shall report to the department the total weight of eligible electronic
19devices used by households in this state that were collected by or delivered to the
20manufacturer for recycling by the manufacturer or that were collected by or
21delivered to a registered recycler for recycling on behalf of the manufacturer during
22the preceding program year. A manufacturer may report separately the weight of
23eligible electronic devices used by households in rural counties and used by
24households in urban counties for the purpose of obtaining the weight adjustment

1under sub. (4) (f) for eligible electronic devices received from households in rural
2counties.
SB107-SSA1,18,43 (c) Recycling credits. With the registration that it submits under sub. (3),
4beginning in 2011, a manufacturer shall report all of the following to the department:
SB107-SSA1,18,65 1. The number of recycling credits that the manufacturer purchased during the
6preceding program year.
SB107-SSA1,18,87 2. The number of recycling credits that the manufacturer sold during the
8preceding program year.
SB107-SSA1,18,109 3. The number of recycling credits that the manufacturer elects to use in the
10calculation of its shortfall fees under sub. (4) (d) 2.
SB107-SSA1,18,1211 4. The number of recycling credits available to the manufacturer after
12calculating its shortfall fees under sub. (4) (d) 2.
SB107-SSA1,18,19 13(7) Collectors. (a) Registration. 1. Beginning on November 1, 2009, no
14person may operate as a collector delivering or arranging for the delivery of eligible
15electronic devices to a registered recycler for recycling on behalf of a manufacturer
16who is registered under sub. (3) unless the person is registered under this paragraph.
17A person shall register by submitting annually, no later than November 1 in 2009 and
18no later than August 1 beginning in 2010, to the department a registration, using a
19form prescribed by the department, that includes all of the following:
SB107-SSA1,18,2020 a. The name, address, and contact information of a responsible individual.
SB107-SSA1,18,2121 b. The street address of all facilities at which the person operates as a collector.
SB107-SSA1,18,2522 c. A certification that the person has all governmental licenses or other
23approvals that are required to operate as a collector and has complied, and will
24continue to comply, with the requirements of this subsection and with applicable
25health, environmental, safety, and financial responsibility requirements.
SB107-SSA1,19,2
12. A complete registration is effective on receipt by the department and is valid
2until the following August 1 unless suspended or revoked before that date.
SB107-SSA1,19,93 (b) Reports and records. No later than August 1 of each program year,
4beginning August 1, 2010, a registered collector shall report to the department the
5total weight of eligible electronic devices collected in this state during the preceding
6program year and the names of all registered recyclers to whom the collector
7delivered eligible electronic devices. A registered collector shall maintain records of
8the sources of eligible electronic devices it collects and of the registered recyclers to
9whom the collector delivers eligible electronic devices.
SB107-SSA1,19,1110 (c) Limitation. A registered collector may not use prison labor to collect eligible
11electronic devices the weight of which was or will be reported under sub. (5) (b).
SB107-SSA1,19,18 12(8) Recyclers. (a) Registration. 1. Beginning on November 1, 2009, no person
13may operate as a recycler receiving eligible electronic devices on behalf of a
14manufacturer who is registered under sub. (3) unless the person is registered under
15this paragraph. A person shall register by submitting annually, no later than
16November 1 in 2009 and no later than August 1 beginning in 2010, to the department
17a registration, using a form prescribed by the department, that includes all of the
18following:
SB107-SSA1,19,1919 a. The name, address, and contact information of a responsible individual.
SB107-SSA1,19,2020 b. The street address of all facilities at which the person conducts recycling.
SB107-SSA1,19,2121 c. The certification required under par. (d).
SB107-SSA1,19,2222 d. Documentation of the liability insurance required under this subsection.
SB107-SSA1,19,2423 2. A complete registration is effective on receipt by the department and is valid
24until the following August 1 unless suspended or revoked before that date.
SB107-SSA1,20,5
1(b) Reports and records. 1. No later than August 1 of each program year,
2beginning with August 1, 2010, a registered recycler shall report to the department
3the total weight of eligible electronic devices collected in this state that the recycler
4received for recycling on behalf of a manufacturer registered under sub. (3) during
5the preceding program year and the name of the manufacturer.
SB107-SSA1,20,76 2. No later than February 1 of each program year, beginning in 2011, a
7registered recycler shall report to the department all of the following:
SB107-SSA1,20,108 a. The total weight of eligible electronic devices collected in this state that the
9recycler received for recycling on behalf of a manufacturer during the first 6 months
10of the program year and the name of the manufacturer.
SB107-SSA1,20,1411 b. The total weight of eligible electronic devices collected in this state that the
12recycler received for recycling during the first 6 months of the program year in
13anticipation of attributing them to a manufacturer for the purposes of the program
14under this section.
SB107-SSA1,20,1715 3. A registered recycler shall maintain records of the sources of eligible
16electronic devices collected in this state that the recycler receives for recycling on
17behalf of a manufacturer registered under sub. (3).
SB107-SSA1,20,2018 (c) Operational requirements. 1. A registered recycler shall maintain liability
19insurance coverage in the amount of at least $1,000,000 for environmental releases,
20accidents, and other emergencies.
SB107-SSA1,20,2221 2. A registered recycler may not use prison labor to recycle eligible electronic
22devices the weight of which was or will be reported under sub. (5) (b).
SB107-SSA1,21,723 3. A registered recycler shall maintain proof of financial responsibility
24ensuring the availability of funds in an amount sufficient to cover the estimated costs
25of paying another person to close the facilities at which recycling is conducted,

1including managing any remaining eligible electronic devices or materials derived
2from eligible electronic devices and performing any necessary environmental
3cleanup. The registered recycler shall maintain, and provide to the department upon
4request, an itemized statement of the estimated costs in a form specified by the
5department and documentation of the source of the estimates. The registered
6recycler may provide the proof of financial responsibility required under this
7subdivision using one of the following:
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