AB278,26,223 2. If the department determines that any of the values under subd. 1. a. to d.
24should be changed in order to improve the effectiveness of the program under this
25section or to provide more recycling opportunities to rural areas of this state, the

1department shall report its recommendations for changes under s. 13.172 (3) to the
2committee of each house of the legislature with jurisdiction over solid waste policy.
AB278,26,83 (cm) Report concerning sales information. The department shall evaluate the
4accuracy of the information provided by manufacturers under sub. (5) (a) in 2009 and
52010 and whether the weight of each manufacturer's covered electronic devices sold
6in this state should be based on national sales data obtained from 3rd parties. Before
7December 1, 2011, the department shall report the results of its evaluation to the
8legislature under s. 13.172 (2) and to the governor.
AB278,26,129 (d) Annual report. Before December 1 of each year, beginning in 2012, the
10department shall provide a report on the program under this section to the
11legislature under s. 13.172 (2) and to the governor. The department shall include all
12of the following in the report:
AB278,26,1313 1. The total weight of eligible electronic devices recycled.
AB278,26,1514 2. A summary of the information provided by manufacturers and recyclers
15under subs. (5) and (8).
AB278,26,1716 3. Information concerning the recycling programs used by manufacturers to
17recycle eligible electronic devices.
AB278,26,2018 4. Information concerning the collection and recycling of eligible electronic
19devices by persons other than registered manufacturers, registered collectors, and
20registered recyclers.
AB278,26,2321 5. Information about any disposal of eligible electronic devices in landfills and
22any burning of eligible electronic devices in solid waste treatment facilities in this
23state.
AB278,26,2424 6. A description of any actions taken to enforce the requirements of this section.
AB278,27,2
17. Any recommendations to apply the requirements under sub. (2) to additional
2kinds of devices.
AB278,27,73 (e) Report concerning federal legislation. If a federal law relating to the
4collection and recycling of covered electronic devices sold in the United States is
5enacted, the department shall prepare a report describing the effect of the federal
6law and shall submit the report under s. 13.172 (3) to the committee of each house
7of the legislature with jurisdiction over solid waste policy.
AB278,27,148 (f) Outreach and communication. 1. The department shall promote public
9participation in the collection and recycling of eligible electronic devices by and on
10behalf of manufacturers through education and outreach activities. The department
11shall facilitate communications between local governments, persons operating solid
12waste collection and recycling centers, and manufacturers to ensure that
13manufacturers are aware of eligible electronic devices that are available for
14recycling.
AB278,27,1915 2. The department shall assist recyclers to identify federal and state
16requirements concerning the storage, transportation, export, and processing of
17eligible electronic devices and materials derived from eligible electronic devices. The
18department shall assist collectors to identify health, environmental, safety, and
19financial responsibility requirements applicable to collectors.
AB278,27,2320 (g) Cooperation with other states. The department may cooperate with other
21states to effectuate the program under this section. The department may, with other
22states, operate a regional system for creating, trading, and selling credits for
23recycling eligible electronic devices.
AB278,28,224 (h) Suspension and revocation. The department may revoke the registration
25of a manufacturer who violates sub. (2) (a), (3), (4), or (5). The department may

1suspend or revoke the registration of a collector or recycler who violates sub. (7) or
2(8).
AB278,28,163 (i) Addition or exemption of eligible electronic devices. If the department
4determines that the disposal or burning of a kind of electronic device that is not listed
5in sub. (1) (gs) in a solid waste facility may be harmful to human health or the
6environment, the department may promulgate a rule specifying that the kind of
7electronic device is an eligible electronic device, is subject to s. 287.07 (5) (a), or both.
8If the department determines that the disposal or burning of a kind of electronic
9device that is listed in sub. (1) (gs) or s. 287.07 (5) (a) in a solid waste facility is not
10harmful to human health and is not harmful to the environment or if the department
11determines that it is not feasible to require the recycling of a kind of electronic device
12that is listed in sub. (1) (gs) or s. 287.07 (5) (a), the department may promulgate a rule
13specifying that the kind of electronic device is not an eligible electronic device, is not
14subject to s. 287.07 (5) (a), or both. The department may not promulgate a rule under
15this paragraph that takes effect before the first day of the 24th month beginning after
16the effective date of this paragraph .... [LRB inserts date].
AB278,28,2417 (j) Audits. The department may perform or contract for the performance of an
18audit of the activities of a registered collector or registered recycler. If the
19department performs or contracts for the performance an audit of a collector or
20recycler during the first 3 years in which the collector or recycler is registered under
21sub. (7) or (8) (a), the collector or recycler shall pay 25 percent of the cost of the audit.
22If the department performs or contracts for the performance of an audit of a collector
23or recycler after the first 3 years in which the collector or recycler is registered, the
24collector or recycler shall pay 50 percent of the cost of the audit.
AB278,29,4
1(k) Modification of registration fee. The department may modify the
2registration fee under sub. (4) (b) 1. by rule. The department may not promulgate
3a rule under this paragraph that takes effect before the first day of the 24th month
4beginning after the effective date of this paragraph .... [LRB inserts date].
AB278,29,6 5(11) Penalties. (a) Manufacturer. Any manufacturer who violates this section
6may be required to forfeit not more than $10,000 for each violation.
AB278,29,87 (b) Others. Any person, other than a manufacturer, who violates this section
8may be required to forfeit not more than $1,000 for each violation.
AB278, s. 7 9Section 7. 287.91 (2) of the statutes is amended to read:
AB278,29,1210 287.91 (2) Notwithstanding sub. (1) and s. 287.95 (3) (a), the attorney general
11may enforce s. 287.07 (3) and, (4), and (5) by seeking injunctive relief against any
12person violating those provisions.
AB278, s. 8 13Section 8. 287.95 (1) of the statutes is amended to read:
AB278,29,1614 287.95 (1) Any person who violates s. 287.07 (1m) or (5) may be required to
15forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and
16may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.
AB278, s. 9 17Section 9. 287.97 of the statutes is amended to read:
AB278,29,21 18287.97 Penalties. Any person who violates this chapter, except s. 287.07,
19287.08, 287.17, or 287.81, or any rule promulgated under this chapter, except under
20s. 287.07, 287.08 or 287.81, may be required to forfeit not less than $10 nor more than
21$1,000 for each violation.
AB278, s. 10 22Section 10 . Nonstatutory provisions.
AB278,30,223 (1) Permanent position authorization. The authorized FTE positions for the
24department of natural resources are increased by 1.0 SEG position, to be funded from

1the appropriation under section 20.370 (2) (hr) of the statutes, as created by this act,
2to administer the electronic waste recycling program.
AB278,30,33 (2) Project position authorization.
AB278,30,74 (a) The authorized FTE positions for the department of natural resources are
5increased by 1.0 SEG 2-year project position, to be funded from the appropriation
6under section 20.370 (2) (hq) of the statutes, for start up of the electronic waste
7recycling program.
AB278,30,118 (b) The authorized FTE positions for the department of natural resources are
9increased by 1.0 SEG 2-year project position, to be funded from the appropriation
10under section 20.370 (2) (hr) of the statutes, as created by this act, for start up of the
11electronic waste recycling program.
AB278, s. 11 12Section 11 . Fiscal changes.
AB278,31,213 (1) Funding for positions and administration. In the schedule under section
1420.005 (3) of the statutes for the appropriation to the department of natural
15resources under section 20.370 (2) (hq) of the statutes, as affected by the acts of 2009,
16the dollar amount is increased by $170,000 for the first fiscal year of the fiscal
17biennium in which this subsection takes effect for administration of the electronic
18waste recycling program and to increase the authorized FTE positions for the
19department by 1.0 SEG position for administration of the electronic waste recycling
20programs, and to fund the 1.0 FTE SEG project position authorized under Section
2110 (2 ) (a) of this act. In the schedule under section 20.005 (3) of the statutes for the
22appropriation to the department of natural resources under section 20.370 (2) (hq)
23of the statutes, as affected by the acts of 2009, the dollar amount is increased by
24$160,000 for the second fiscal year of the fiscal biennium in which this subsection

1takes effect for administration of the electronic waste recycling program and to
2provide continued funding for the positions authorized under this act.
AB278, s. 12 3Section 12. Effective dates. This act takes effect on the day after publication,
4except as follows:
AB278,31,65 (1) Section 11 (1 ) takes effect on the day after publication or the 2nd day after
6publication of the 2009-11 biennial budget act, whichever is later.
AB278,31,77 (End)
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