AB278: Bill Text

AB278,17,24 2. The number of recycling credits that the manufacturer sold during the preceding program year.

AB278,18,2 3. The number of recycling credits that the manufacturer elects to use in the calculation of its shortfall fees under sub. (4) (d) 2.

AB278,18,4 4. The number of recycling credits available to the manufacturer after calculating its shortfall fees under sub. (4) (d) 2.

AB278,18,11 (7) Collectors. (a) Registration. 1. Beginning on November 1, 2009, no person may operate as a collector delivering or arranging for the delivery of eligible electronic devices to a registered recycler for recycling on behalf of a manufacturer who is registered under sub. (3) unless the person is registered under this paragraph. A person shall register by submitting annually, no later than November 1 in 2009 and no later than August 1 beginning in 2010, to the department a registration, using a form prescribed by the department, that includes all of the following:

AB278,18,12 a. The name, address, and contact information of a responsible individual.

AB278,18,13 b. The street address of all facilities at which the person operates as a collector.

AB278,18,17 c. A certification that the person has all governmental licenses or other approvals that are required to operate as a collector and has complied, and will continue to comply, with the requirements of this subsection and with applicable health, environmental, safety, and financial responsibility requirements.

AB278,18,19 2. A complete registration is effective on receipt by the department and is valid until the following August 1 unless suspended or revoked before that date.

AB278,19,2 (b) Reports and records. No later than August 1 of each program year, beginning August 1, 2010, a registered collector shall report to the department the total weight of eligible electronic devices collected in this state during the preceding program year and the names of all registered recyclers to whom the collector delivered eligible electronic devices. A registered collector shall maintain records of the sources of eligible electronic devices it collects and of the registered recyclers to whom the collector delivers eligible electronic devices.

AB278,19,4 (c) Limitation. A registered collector may not use prison labor to collect eligible electronic devices the weight of which was or will be reported under sub. (5) (b).

AB278,19,11 (8) Recyclers. (a) Registration. 1. Beginning on November 1, 2009, no person may operate as a recycler receiving eligible electronic devices on behalf of a manufacturer who is registered under sub. (3) unless the person is registered under this paragraph. A person shall register by submitting annually, no later than November 1 in 2009 and no later than August 1 beginning in 2010, to the department a registration, using a form prescribed by the department, that includes all of the following:

AB278,19,12 a. The name, address, and contact information of a responsible individual.

AB278,19,13 b. The street address of all facilities at which the person conducts recycling.

AB278,19,14 c. The certification required under par. (d).

AB278,19,15 d. Documentation of the liability insurance required under this subsection.

AB278,19,17 2. A complete registration is effective on receipt by the department and is valid until the following August 1 unless suspended or revoked before that date.

AB278,19,22 (b) Reports and records. 1. No later than August 1 of each program year, beginning with August 1, 2010, a registered recycler shall report to the department the total weight of eligible electronic devices collected in this state that the recycler received for recycling on behalf of a manufacturer registered under sub. (3) during the preceding program year and the name of the manufacturer.

AB278,19,24 2. No later than February 1 of each program year, beginning in 2011, a registered recycler shall report to the department all of the following:

AB278,20,3 a. The total weight of eligible electronic devices collected in this state that the recycler received for recycling on behalf of a manufacturer during the first 6 months of the program year and the name of the manufacturer.

AB278,20,7 b. The total weight of eligible electronic devices collected in this state that the recycler received for recycling during the first 6 months of the program year in anticipation of attributing them to a manufacturer for the purposes of the program under this section.

AB278,20,10 3. A registered recycler shall maintain records of the sources of eligible electronic devices collected in this state that the recycler receives for recycling on behalf of a manufacturer registered under sub. (3).

AB278,20,13 (c) Operational requirements. 1. A registered recycler shall maintain liability insurance coverage in the amount of at least $1,000,000 for environmental releases, accidents, and other emergencies.

AB278,20,15 2. A registered recycler may not use prison labor to recycle eligible electronic devices the weight of which was or will be reported under sub. (5) (b).

AB278,20,25 3. A registered recycler shall maintain proof of financial responsibility ensuring the availability of funds in an amount sufficient to cover the estimated costs of paying another person to close the facilities at which recycling is conducted, including managing any remaining eligible electronic devices or materials derived from eligible electronic devices and performing any necessary environmental cleanup. The registered recycler shall maintain, and provide to the department upon request, an itemized statement of the estimated costs in a form specified by the department and documentation of the source of the estimates. The registered recycler may provide the proof of financial responsibility required under this subdivision using one of the following:

AB278,21,1 a. A surety bond.

AB278,21,3 b. A deposit of cash, certificates of deposit, or securities issued by the federal government.

AB278,21,4 c. An escrow account.

AB278,21,5 d. An irrevocable letter of credit.

AB278,21,6 e. An irrevocable trust.

AB278,21,14 4. A registered recycler shall maintain records that can be used to determine, for each program year, the total weight of eligible electronic devices recycled by the recycler on behalf of manufacturers under this section, the weight of materials derived from those eligible electronic devices that the registered recycler sends to another person for use in a manufacturing process or for recovery of useable materials, and the weight of materials derived from those eligible electronic devices that the registered recycler sends to be disposed of in a solid waste disposal facility or burned at a solid waste treatment facility.

AB278,21,15 5. A registered recycler shall maintain records that do all of the following:

AB278,21,18 a. Identify each person who received from the registered recycler materials derived from eligible electronic devices recycled on behalf of manufacturers under this section.

AB278,21,22 b. If a person identified under subd. 5. a. does not use the materials in a manufacturing process, identify each person who receives from the person identified under subd. 5. a. materials derived from eligible electronic devices recycled on behalf of manufacturers under this section.

AB278,22,6 5m. A registered recycler shall make the information under subds. 4. and 5. for a program year available, upon request, to a manufacturer on behalf of whom the recycler recycled eligible electronic devices under this section in that program year, except that if the recycler maintains a system under which it tracks eligible electronic devices recycled on behalf of one manufacturer, and the disposition of the materials derived from those eligible electronic devices, separately from other eligible electronic devices that it recycles, the recycler is only required to provide to that manufacturer the information under subds. 4. and 5. concerning the eligible electronic devices recycled on behalf of that manufacturer.

AB278,22,12 6. A registered recycler shall maintain records that show the actions that it takes in a program year to ensure that the persons identified under subd. 5. use the materials derived from eligible electronic devices in a manufacturing process or for recovery of useable materials and shall make that information available upon request to a manufacturer on behalf of whom the recycler recycles eligible electronic devices under this section in that program year.

AB278,22,15 7. A registered recycler shall prepare and maintain a written contingency plan for responding to releases of hazardous substances that complies with the requirements in s. NR 664.0052, Wis. Adm. Code.

AB278,22,17 8. A registered recycler shall comply with any other operational requirement in rules promulgated under par. (e).

AB278,22,20 (d) Certification. As a condition of registration under par. (a), a registered recycler shall submit to the department a certification that states that the registered recycler does all of the following:

AB278,22,21 1. Complies with par. (c).

AB278,22,25 2. Complies with federal, state, and local requirements concerning the storage, transportation, processing, and exporting of eligible electronic devices and materials derived from eligible electronic devices, including the requirements in 40 CFR 261.39 (a) (5) and 273.20 and requirements in rules promulgated under s. 291.05.

AB278,23,2 3. Complies with federal requirements under 29 CFR 1910.120 concerning occupational and environmental health and safety training for employees.

AB278,23,13 (e) Modifying or adding requirements by rule. The department shall review the requirements under par. (c) 1. to 7. to determine whether it is necessary to modify or add to those requirements so that the requirements applicable to registered recyclers are at least equivalent to nationally recognized standards for recycling eligible electronic devices. If the department determines that it is necessary to modify or add to the requirements under par. (c) 1. to 7., the department shall promulgate rules that modify or add to the requirements so that they are at least equivalent to nationally recognized standards for recycling eligible electronic devices. The department may not promulgate a rule under this paragraph that takes effect before the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date].

AB278,23,21 (9) Retailers. A retailer who sells covered electronic devices for use by households shall provide to purchasers information describing how eligible electronic devices can be collected and recycled and a description of the prohibitions in s. 287.07 (5) (a). 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.

AB278,24,2 (9m) Record keeping and inspection. A person subject to sub. (3), (7), (8), or (9) shall maintain records related to the program under this section and reports required under this section for at least 3 years. The department may inspect records of a person subject to sub. (3), (7), (8), or (9) that are related to the program under this section.

AB278,24,13 (10) Powers and duties of the department. (a) Internet site; manufacturers. 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 covered electronic devices sold for household use and that the list of manufacturers is not a list of manufacturers qualified to sell video display devices, computers, or printers 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.

AB278,24,17 (am) Internet site; recyclers. The department shall maintain an Internet site on which the department lists the names of registered recyclers. The department shall update the information on the Internet site promptly upon receipt of a new or revised registration.

AB278,24,20 (b) Providing information. Except as provided in par. (bm), 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.

AB278,25,2 (bm) Confidentiality. 1. The department shall keep confidential any part of a record, report, or other information obtained in the administration of this section upon receiving an application for confidential status by any person containing a showing satisfactory to the department that the part of a record, report, or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.

AB278,25,8 2. If the department refuses to release information on the grounds that it is confidential under subd. 1. and anyone challenges that refusal, the department shall inform the person who submitted the application under subd. 1. of that challenge. Unless that person authorizes the department to release the information, that person shall pay the reasonable costs incurred by this state to defend the refusal to release the information.

AB278,25,14 3. Subdivision 1. does not prevent the disclosure of any information to a representative of the department for the purpose of administering this section or to an officer, employee, or authorized representative of the federal government for the purpose of administering federal law. When the department provides information that is confidential under subd. 1. to the federal government, the department shall also provide a copy of the application for confidential status.

AB278,25,16 (c) Review of formula. 1. The department shall annually review all of the following:

AB278,25,18 a. The number by which the weight of covered electronic devices sold is multiplied under sub. (4) (d) 1. to determine target recycling weight.

AB278,25,19 b. The estimated cost of recycling under sub. (4) (d) 4.

AB278,25,20 c. The registration fees under sub. (4) (b).

AB278,25,22 d. The multiplier for the weight of eligible electronic devices collected from households in rural counties under sub. (4) (f).

AB278,26,2 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.

AB278,26,8 (cm) Report concerning sales information. The department shall evaluate the accuracy of the information provided by manufacturers under sub. (5) (a) in 2009 and 2010 and whether the weight of each manufacturer's covered electronic devices sold in this state should be based on national sales data obtained from 3rd parties. Before December 1, 2011, the department shall report the results of its evaluation to the legislature under s. 13.172 (2) and to the governor.

AB278,26,12 (d) Annual report. Before December 1 of each year, beginning in 2012, 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:

AB278,26,13 1. The total weight of eligible electronic devices recycled.

AB278,26,15 2. A summary of the information provided by manufacturers and recyclers under subs. (5) and (8).

AB278,26,17 3. Information concerning the recycling programs used by manufacturers to recycle eligible electronic devices.

AB278,26,20 4. Information concerning the collection and recycling of eligible electronic devices by persons other than registered manufacturers, registered collectors, and registered recyclers.

AB278,26,23 5. Information about any disposal of eligible electronic devices in landfills and any burning of eligible electronic devices in solid waste treatment facilities in this state.

AB278,26,24 6. A description of any actions taken to enforce the requirements of this section.

AB278,27,2 7. Any recommendations to apply the requirements under sub. (2) to additional kinds of devices.

AB278,27,7 (e) Report concerning federal legislation. If a federal law relating to the collection and recycling of covered electronic 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.

AB278,27,14 (f) Outreach and communication. 1. The department shall promote public participation in the collection and recycling of eligible 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 eligible electronic devices that are available for recycling.

AB278,27,19 2. The department shall assist recyclers to identify federal and state requirements concerning the storage, transportation, export, and processing of eligible electronic devices and materials derived from eligible electronic devices. The department shall assist collectors to identify health, environmental, safety, and financial responsibility requirements applicable to collectors.

AB278,27,23 (g) Cooperation with other states. The department may cooperate with other states to effectuate the program under this section. The department may, with other states, operate a regional system for creating, trading, and selling credits for recycling eligible electronic devices.

AB278,28,2 (h) Suspension and revocation. The department may revoke the registration of a manufacturer who violates sub. (2) (a), (3), (4), or (5). The department may suspend or revoke the registration of a collector or recycler who violates sub. (7) or (8).

AB278,28,16 (i) Addition or exemption of eligible electronic devices. If the department determines that the disposal or burning of a kind of electronic device that is not listed in sub. (1) (gs) in a solid waste facility may be harmful to human health or the environment, the department may promulgate a rule specifying that the kind of electronic device is an eligible electronic device, is subject to s. 287.07 (5) (a), or both. If the department determines that the disposal or burning of a kind of electronic device that is listed in sub. (1) (gs) or s. 287.07 (5) (a) in a solid waste facility is not harmful to human health and is not harmful to the environment or if the department determines that it is not feasible to require the recycling of a kind of electronic device that is listed in sub. (1) (gs) or s. 287.07 (5) (a), the department may promulgate a rule specifying that the kind of electronic device is not an eligible electronic device, is not subject to s. 287.07 (5) (a), or both. The department may not promulgate a rule under this paragraph that takes effect before the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date].

AB278,28,24 (j) Audits. The department may perform or contract for the performance of an audit of the activities of a registered collector or registered 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.

AB278,29,4 (k) Modification of registration fee. The department may modify the registration fee under sub. (4) (b) 1. by rule. The department may not promulgate a rule under this paragraph that takes effect before the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date].

AB278,29,6 (11) Penalties. (a) Manufacturer. Any manufacturer who violates this section may be required to forfeit not more than $10,000 for each violation.

AB278,29,8 (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.

AB278, s. 7 Section 7. 287.91 (2) of the statutes is amended to read:

AB278,29,12 287.91 (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.

AB278, s. 8 Section 8. 287.95 (1) of the statutes is amended to read:

AB278,29,16 287.95 (1) Any person who violates s. 287.07 (1m) or (5) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.

AB278, s. 9 Section 9. 287.97 of the statutes is amended to read:

AB278,29,21 287.97 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.

AB278, s. 10 Section 10 . Nonstatutory provisions.

AB278,30,2 (1) Permanent position authorization. The authorized FTE positions for the department of natural resources are increased by 1.0 SEG position, 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.

AB278,30,3 (2) Project position authorization.

AB278,30,7 (a) The authorized FTE positions for the department of natural resources are increased by 1.0 SEG 2-year project position, to be funded from the appropriation under section 20.370 (2) (hq) of the statutes, for start up of the electronic waste recycling program.

AB278,30,11 (b) The authorized FTE positions for the department of natural resources are increased by 1.0 SEG 2-year project position, to be funded from the appropriation under section 20.370 (2) (hr) of the statutes, as created by this act, for start up of the electronic waste recycling program.

AB278, s. 11 Section 11 . Fiscal changes.

AB278,31,2 (1) Funding for positions and administration. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (2) (hq) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $170,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect for administration of the electronic waste recycling program and to increase the authorized FTE positions for the department by 1.0 SEG position for administration of the electronic waste recycling programs, and to fund the 1.0 FTE SEG project position authorized under Section 10 (2 ) (a) of this act. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (2) (hq) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $160,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect for administration of the electronic waste recycling program and to provide continued funding for the positions authorized under this act.

AB278, s. 12 Section 12. Effective dates. This act takes effect on the day after publication, except as follows: