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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.
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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.
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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:
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a. The name, address, and contact information of a responsible individual.
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b. The street address of all facilities at which the person operates as a collector.
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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.
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(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.
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c. The certification required under par. (d).
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d. Documentation of the liability insurance required under this subsection.
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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.
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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:
SB107-SSA1,21,88
a. A surety bond.
SB107-SSA1,21,109
b. A deposit of cash, certificates of deposit, or securities issued by the federal
10government.
SB107-SSA1,21,1111
c. An escrow account.
SB107-SSA1,21,1212
d. An irrevocable letter of credit.
SB107-SSA1,21,1313
e. An irrevocable trust.
SB107-SSA1,21,2114
4. A registered recycler shall maintain records that can be used to determine,
15for each program year, the total weight of eligible electronic devices recycled by the
16recycler on behalf of manufacturers under this section, the weight of materials
17derived from those eligible electronic devices that the registered recycler sends to
18another person for use in a manufacturing process or for recovery of useable
19materials, and the weight of materials derived from those eligible electronic devices
20that the registered recycler sends to be disposed of in a solid waste disposal facility
21or burned at a solid waste treatment facility.
SB107-SSA1,21,2222
5. A registered recycler shall maintain records that do all of the following:
SB107-SSA1,21,2523
a. Identify each person who received from the registered recycler materials
24derived from eligible electronic devices recycled on behalf of manufacturers under
25this section.
SB107-SSA1,22,4
1b. If a person identified under subd. 5. a. does not use the materials in a
2manufacturing process, identify each person who receives from the person identified
3under subd. 5. a. materials derived from eligible electronic devices recycled on behalf
4of manufacturers under this section.
SB107-SSA1,22,135
5m. A registered recycler shall make the information under subds. 4. and 5. for
6a program year available, upon request, to a manufacturer on behalf of whom the
7recycler recycled eligible electronic devices under this section in that program year,
8except that if the recycler maintains a system under which it tracks eligible
9electronic devices recycled on behalf of one manufacturer, and the disposition of the
10materials derived from those eligible electronic devices, separately from other
11eligible electronic devices that it recycles, the recycler is only required to provide to
12that manufacturer the information under subds. 4. and 5. concerning the eligible
13electronic devices recycled on behalf of that manufacturer.
SB107-SSA1,22,1914
6. A registered recycler shall maintain records that show the actions that it
15takes in a program year to ensure that the persons identified under subd. 5. use the
16materials derived from eligible electronic devices in a manufacturing process or for
17recovery of useable materials and shall make that information available upon
18request to a manufacturer on behalf of whom the recycler recycles eligible electronic
19devices under this section in that program year.
SB107-SSA1,22,2220
7. A registered recycler shall prepare and maintain a written contingency plan
21for responding to releases of hazardous substances that complies with the
22requirements in s. NR 664.0052, Wis. Adm. Code.
SB107-SSA1,22,2423
8. A registered recycler shall comply with any other operational requirement
24in rules promulgated under par. (e).
SB107-SSA1,23,3
1(d)
Certification. As a condition of registration under par. (a), a registered
2recycler shall submit to the department a certification that states that the registered
3recycler does all of the following:
SB107-SSA1,23,44
1. Complies with par. (c).
SB107-SSA1,23,85
2. Complies with federal, state, and local requirements concerning the storage,
6transportation, processing, and exporting of eligible electronic devices and materials
7derived from eligible electronic devices, including the requirements in
40 CFR
8261.39 (a) (5) and 273.20 and requirements in rules promulgated under s. 291.05.
SB107-SSA1,23,109
3. Complies with federal requirements under
29 CFR 1910.120 concerning
10occupational and environmental health and safety training for employees.
SB107-SSA1,23,2111
(e)
Modifying or adding requirements by rule. The department shall review the
12requirements under par. (c) 1. to 7. to determine whether it is necessary to modify
13or add to those requirements so that the requirements applicable to registered
14recyclers are at least equivalent to nationally recognized standards for recycling
15eligible electronic devices. If the department determines that it is necessary to
16modify or add to the requirements under par. (c) 1. to 7., the department shall
17promulgate rules that modify or add to the requirements so that they are at least
18equivalent to nationally recognized standards for recycling eligible electronic
19devices. The department may not promulgate a rule under this paragraph that takes
20effect before the first day of the 24th month beginning after the effective date of this
21paragraph .... [LRB inserts date].
SB107-SSA1,24,4
22(9) Retailers. A retailer who sells covered electronic devices for use by
23households shall provide to purchasers information describing how eligible
24electronic devices can be collected and recycled and a description of the prohibitions
25in s. 287.07 (5) (a). A retailer may satisfy this requirement by providing a toll-free
1number for receiving the information and a description of how to access the
2department's Internet site under sub. (10) (a). A retailer who sells through a catalog
3may provide the information in the catalog. A retailer who sells through the Internet
4may provide the information on its Internet site.
SB107-SSA1,24,9
5(9m) Record keeping and inspection. A person subject to sub. (3), (7), (8), or
6(9) shall maintain records related to the program under this section and reports
7required under this section for at least 3 years. The department may inspect records
8of a person subject to sub. (3), (7), (8), or (9) that are related to the program under this
9section.
SB107-SSA1,24,20
10(10) Powers and duties of the department. (a)
Internet site; manufacturers. 11The department shall maintain an Internet site on which the department lists the
12names of manufacturers who are registered under sub. (3) and the names of the
13brands listed in the manufacturers' registrations. The department shall update the
14information on the Internet site promptly upon receipt of a new or revised
15registration. The department shall include on the Internet site a statement that this
16section applies only to covered electronic devices sold for household use and that the
17list of manufacturers is not a list of manufacturers qualified to sell video display
18devices, computers, or printers for industrial, commercial, or other nonhousehold
19uses. The department shall also include on the Internet site the contact information
20provided by manufacturers under sub. (3) (a) 2.
SB107-SSA1,24,2421
(am)
Internet site; recyclers. The department shall maintain an Internet site
22on which the department lists the names of registered recyclers. The department
23shall update the information on the Internet site promptly upon receipt of a new or
24revised registration.
SB107-SSA1,25,3
1(b)
Providing information. Except as provided in par. (bm), the department
2shall make the information provided in registration statements and reports under
3subs. (3), (5), (7), and (8) available to manufacturers, retailers, and the public.
SB107-SSA1,25,94
(bm)
Confidentiality. 1. The department shall keep confidential any part of a
5record, report, or other information obtained in the administration of this section
6upon receiving an application for confidential status by any person containing a
7showing satisfactory to the department that the part of a record, report, or other
8information would, if made public, divulge a method or process that is entitled to
9protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
SB107-SSA1,25,1510
2. If the department refuses to release information on the grounds that it is
11confidential under subd. 1. and anyone challenges that refusal, the department shall
12inform the person who submitted the application under subd. 1. of that challenge.
13Unless that person authorizes the department to release the information, that
14person shall pay the reasonable costs incurred by this state to defend the refusal to
15release the information.
SB107-SSA1,25,2116
3. Subdivision 1. does not prevent the disclosure of any information to a
17representative of the department for the purpose of administering this section or to
18an officer, employee, or authorized representative of the federal government for the
19purpose of administering federal law. When the department provides information
20that is confidential under subd. 1. to the federal government, the department shall
21also provide a copy of the application for confidential status.
SB107-SSA1,25,2322
(c)
Review of formula. 1. The department shall annually review all of the
23following:
SB107-SSA1,25,2524
a. The number by which the weight of covered electronic devices sold is
25multiplied under sub. (4) (d) 1. to determine target recycling weight.
SB107-SSA1,25,26
1b. The estimated cost of recycling under sub. (4) (d) 4.
SB107-SSA1,26,22
c. The registration fees under sub. (4) (b).
SB107-SSA1,26,43
d. The multiplier for the weight of eligible electronic devices collected from
4households in rural counties under sub. (4) (f).
SB107-SSA1,26,95
2. If the department determines that any of the values under subd. 1. a. to d.
6should be changed in order to improve the effectiveness of the program under this
7section or to provide more recycling opportunities to rural areas of this state, the
8department shall report its recommendations for changes under s. 13.172 (3) to the
9committee of each house of the legislature with jurisdiction over solid waste policy.
SB107-SSA1,26,1510
(cm)
Report concerning sales information. The department shall evaluate the
11accuracy of the information provided by manufacturers under sub. (5) (a) in 2009 and
122010 and whether the weight of each manufacturer's covered electronic devices sold
13in this state should be based on national sales data obtained from 3rd parties. Before
14December 1, 2011, the department shall report the results of its evaluation to the
15legislature under s. 13.172 (2) and to the governor.
SB107-SSA1,26,1916
(d)
Annual report. Before December 1 of each year, beginning in 2012, the
17department shall provide a report on the program under this section to the
18legislature under s. 13.172 (2) and to the governor. The department shall include all
19of the following in the report:
SB107-SSA1,26,2020
1. The total weight of eligible electronic devices recycled.
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2. A summary of the information provided by manufacturers and recyclers
22under subs. (5) and (8).
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3. Information concerning the recycling programs used by manufacturers to
24recycle eligible electronic devices.
SB107-SSA1,27,3
14. Information concerning the collection and recycling of eligible electronic
2devices by persons other than registered manufacturers, registered collectors, and
3registered recyclers.
SB107-SSA1,27,64
5. Information about any disposal of eligible electronic devices in landfills and
5any burning of eligible electronic devices in solid waste treatment facilities in this
6state.
SB107-SSA1,27,77
6. A description of any actions taken to enforce the requirements of this section.
SB107-SSA1,27,98
7. Any recommendations to apply the requirements under sub. (2) to additional
9kinds of devices.
SB107-SSA1,27,1410
(e)
Report concerning federal legislation. If a federal law relating to the
11collection and recycling of covered electronic devices sold in the United States is
12enacted, the department shall prepare a report describing the effect of the federal
13law and shall submit the report under s. 13.172 (3) to the committee of each house
14of the legislature with jurisdiction over solid waste policy.
SB107-SSA1,27,2115
(f)
Outreach and communication. 1. The department shall promote public
16participation in the collection and recycling of eligible electronic devices by and on
17behalf of manufacturers through education and outreach activities. The department
18shall facilitate communications between local governments, persons operating solid
19waste collection and recycling centers, and manufacturers to ensure that
20manufacturers are aware of eligible electronic devices that are available for
21recycling.
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2. The department shall assist recyclers to identify federal and state
23requirements concerning the storage, transportation, export, and processing of
24eligible electronic devices and materials derived from eligible electronic devices. The
1department shall assist collectors to identify health, environmental, safety, and
2financial responsibility requirements applicable to collectors.
SB107-SSA1,28,63
(g)
Cooperation with other states. The department may cooperate with other
4states to effectuate the program under this section. The department may, with other
5states, operate a regional system for creating, trading, and selling credits for
6recycling eligible electronic devices.
SB107-SSA1,28,107
(h)
Suspension and revocation. The department may revoke the registration
8of a manufacturer who violates sub. (2) (a), (3), (4), or (5). The department may
9suspend or revoke the registration of a collector or recycler who violates sub. (7) or
10(8).