AB278: Bill Text

AB278,7,8 (em) "Consumer video display device" means a television or computer monitor with a tube or screen that is at least 7 inches in its longest diagonal measurement and that is marketed by the manufacturer for use by households, except that "consumer video display device" does not include any of the following:

AB278,7,11 1. A television or computer monitor that is part of a motor vehicle and that is incorporated into the motor vehicle by, or for, a motor vehicle manufacturer or a franchised motor vehicle dealer.

AB278,7,14 2. A television or computer monitor that is contained within a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or stove, dishwasher, room air conditioner, dehumidifier, or air purifier.

AB278,7,16 (f) "Covered electronic device" means a consumer video display device, a consumer computer, or a consumer printer.

AB278,7,19 (g) "Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

AB278,7,21 (gm) "Electronic device" means a device that requires electric current or electromagnetic fields to function and that contains a circuit board.

AB278,7,24 (gs) "Eligible electronic device" means a device that is one of the following and that is used by a household primarily for personal use, unless the device is of a kind exempted by a rule promulgated under s. 287.17 (10) (i):

AB278,7,25 1. A consumer computer.

AB278,8,1 2. A peripheral.

AB278,8,2 3. A facsimile machine.

AB278,8,3 4. A digital video disc player.

AB278,8,4 4m. A digital video player that does not use a disc and that is not a camera.

AB278,8,5 5. A video cassette recorder.

AB278,8,6 5m. A video recorder that does not use a cassette and that is not a camera.

AB278,8,7 6. A consumer video display device.

AB278,8,8 6m. A consumer printer.

AB278,8,10 7. Another kind of electronic device identified by the department under sub. (10) (i).

AB278,8,12 (h) "Household" means one or more individuals who occupy one dwelling unit in a detached or multiunit building.

AB278,8,13 (i) "Manufacturer" means a person who does any of the following:

AB278,8,15 1. Manufactures covered electronic devices to be sold under the person's own brand.

AB278,8,17 2. Sells covered electronic devices manufactured by others under the person's own brand.

AB278,8,19 3. Except as provided in sub. (1m), licenses the person's brand for manufacture and sale of covered electronic devices by others.

AB278,8,22 (j) "Peripheral" means a keyboard or any other device, other than a consumer printer, that is sold exclusively for external use with a consumer computer and that provides input into or output from a consumer computer.

AB278,8,24 (jm) "Program quarter" means a 3-month period ending on March 31, June 30, September 30, or December 31.

AB278,8,25 (k) "Program year" means the period from July 1 to the following June 30.

AB278,9,3 (L) "Recycler" means a person who accepts eligible electronic devices from households and collectors for the purpose of recycling. "Recycler" does not include a manufacturer who accepts products exclusively for refurbishing or repair.

AB278,9,9 (m) "Recycling" means preparing eligible electronic devices for use in manufacturing processes or for recovery of useable materials and delivering the materials for use. "Recycling" does not include destruction by incineration or other processes or land disposal of recyclable materials and does not include reuse, repair, or any other process through which eligible electronic devices are returned for use by households in their original form.

AB278,9,10 (mg) "Registered collector" means a collector who is registered under sub. (7).

AB278,9,11 (mr) "Registered recycler" means a recycler who is registered under sub. (8).

AB278,9,14 (n) "Retailer" means a person who sells a covered electronic device to a household in this state, in person or by mail, telephone, or the Internet, for use by the household.

AB278,9,15 (nm) "Rural county" means a county that is not an urban county.

AB278,9,16 (o) "Sell" means to transfer title or right to use for consideration.

AB278,9,20 (p) "Television" means an electronic device, with a cathode ray-tube or flat panel display, primarily intended to receive video programming via broadcast, cable, or satellite transmission or to receive video images from surveillance or similar cameras.

AB278,9,25 (pm) "Urban county" means Brown County, Calumet County, Chippewa County, Dane County, Dodge County, Douglas County, Dunn County, Eau Claire County, Fond du Lac County, Grant County, Green County, Jefferson County, Kenosha County, LaCrosse County, Lincoln County, Manitowoc County, Marathon County, Marinette County, Milwaukee County, Outagamie County, Ozaukee County, Pierce County, Portage County, Racine County, Rock County, Sauk County, Sheboygan County, St. Croix County, Walworth County, Washington County, Waukesha County, Winnebago County, or Wood County.

AB278,10,9 (1m) Transfer of manufacturer responsibilities. If a person who licenses the person's brand for manufacture and sale of covered electronic devices by another enters into a contract with the licensee under which the licensee assumes the responsibilities that arise under sub. (2) (a) from the sale of those covered electronic devices, the licensee, rather than the licensor, is the manufacturer of the covered electronic devices.

AB278,10,13 (2) Requirements for sale of covered electronic devices. (a) Manufacturers. Beginning on December 1, 2009, a manufacturer may not sell to a household, offer to sell to a household, or deliver to retailers for subsequent sale to a household a new covered electronic device unless all of the following apply:

AB278,10,15 1. The manufacturer permanently affixes a label to the covered electronic device that is readily visible and that shows the manufacturer's brand.

AB278,10,17 2. The manufacturer is registered with the department in accordance with sub. (3).

AB278,10,18 3. The manufacturer pays the fees under sub. (4).

AB278,10,20 4. The manufacturer recycles or arranges for the recycling, by a registered recycler, of eligible electronic devices used by households in this state.

AB278,10,21 5. The manufacturer reports as required under sub. (5).

AB278,10,24 (b) Cooperation. A manufacturer may carry out its responsibilities under par. (a) 4. jointly with other manufacturers and may participate with other manufacturers in creating an entity to collect and recycle eligible electronic devices.

AB278,11,4 (c) Retailers. 1. Beginning on May 1, 2010, a retailer may not sell or offer for sale to a household a new covered electronic device unless, before making the first offer for sale, the retailer has determined that the brand of the covered electronic device is listed on the department's Internet site under sub. (10) (a).

AB278,11,9 2. If a manufacturer's registration is revoked or expired and the retailer took possession of a covered electronic device of the manufacturer before the registration was revoked or expired, the retailer may sell the covered electronic device to a household, but only if the sale takes place fewer than 180 days after the revocation or expiration.

AB278,11,13 (3) Registration of manufacturers. (a) To comply with sub. (2) (a) 2., a manufacturer shall annually, no later than December 1 in 2009 and no later than September 1 beginning in 2010, submit to the department a registration that includes all of the following:

AB278,11,15 1. A list of the manufacturer's brands of covered electronic devices offered for sale in this state.

AB278,11,17 2. The name, address, and contact information of an individual responsible for ensuring compliance with this section.

AB278,11,19 3. A certification that the manufacturer has complied, and will continue to comply, with the requirements of this section.

AB278,11,21 (b) Beginning with the registration due by September 1, 2010, a manufacturer shall indicate in its registration under par. (a) which of the following applies:

AB278,11,24 1. The manufacturer's covered electronic devices comply with the European Union directive on the restriction of the use of hazardous substances in electrical and electronic equipment, 2002/95/EC or a successor directive.

AB278,12,3 2. The manufacturer's covered electronic devices do not comply with the European Union directive on the restriction of the use of hazardous substances in electrical and electronic equipment, 2002/95/EC or a successor directive.

AB278,12,8 (c) Notwithstanding the deadline in par. (a), a manufacturer who begins selling covered electronic devices after December 1, 2009, and who has not previously submitted a registration under this subsection shall submit a registration to the department not more than 10 days after the day on which the manufacturer begins selling or offering to sell covered electronic devices.

AB278,12,11 (d) If a manufacturer changes the brands that it sells or offers to sell, the manufacturer shall update its registration not more than 10 days after making the change.

AB278,12,13 (e) A complete registration is effective on receipt by the department and is valid until the following September 1 unless revoked before that date.

AB278,12,16 (f) Within 20 business days after the receipt of a registration under this subsection, the department shall review the registration submitted and notify the manufacturer if the registration is not complete.

AB278,12,19 (4) Manufacturer recycling targets, fees, and recycling credits. (a) Payment. To comply with sub. (2) (a) 3., a manufacturer shall pay fees as provided in this subsection with the registration that it submits under sub. (3).

AB278,12,22 (b) Registration fees. 1. If the manufacturer sold at least 100 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $5,000, except, as provided under sub. (10) (k).

AB278,12,25 2. If the manufacturer sold at least 25 but fewer than 100 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $1,250.

AB278,13,3 3. If the manufacturer sold fewer than 25 covered electronic devices in this state during the previous program year, the manufacturer is not required to pay a registration fee.

AB278,13,8 (bm) Shortfall fees. In addition to the registration fee, beginning in 2010, a manufacturer shall pay shortfall fees under par. (c) or (d) if the amounts calculated under those provisions are positive numbers, except that a manufacturer is not required to pay shortfall fees until its covered electronic devices have been sold or offered for sale to households in this state for 3 full program years.

AB278,13,10 (c) Annual shortfall fee in 2010. The annual shortfall fee to be paid in 2010 by a manufacturer is calculated as follows:

AB278,13,15 1. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's covered electronic devices sold to households in this state during the program year that began 36 months before the beginning of the program year in which the calculation is made, as reported under sub. (5) (a), by 0.8 and multiplying the product by 0.5.

AB278,13,18 2. Determine the actual recycling weight equal to the weight of eligible electronic devices recycled by or on behalf of the manufacturer during the last 2 program quarters of program year 2009-10, as determined under par. (f) 2.

AB278,13,20 3. Subtract the actual recycling weight, determined under subd. 2., from the target recycling weight, determined under subd. 1.

AB278,13,22 4. Multiply the amount determined under subd. 3. by the estimated cost of recycling determined as follows:

AB278,13,25 a. Fifty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is less than 50 percent of the target recycling weight, determined under subd. 1.

AB278,14,4 b. Forty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is at least 50 percent but not more than 90 percent of the target recycling weight, determined under subd. 1.

AB278,14,7 c. Thirty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is more than 90 percent of the target recycling weight, determined under subd. 1.

AB278,14,9 (d) Annual shortfall fee after 2010. The annual shortfall fee to be paid by a manufacturer in a year after 2010 is calculated as follows:

AB278,14,14 1. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's covered electronic devices sold to households in this state during the program year that began 36 months before the beginning of the program year in which the calculation is made, as reported under sub. (5) (a), by 0.8.

AB278,14,19 2. Determine the actual recycling weight by adding the weight of eligible electronic devices recycled by or on behalf of the manufacturer during the previous program year, as determined under par. (f) 1., plus the number of recycling credits that a manufacturer elects to use, as reported to the department under sub. (5) (c) 3.

AB278,14,21 3. Subtract the actual recycling weight, determined under subd. 2., from the target recycling weight, determined under subd. 1.

AB278,14,23 4. Multiply the amount determined under subd. 3. by the estimated cost of recycling determined as follows:

AB278,15,3 a. Fifty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is less than 50 percent of the target recycling weight, determined under subd. 1.

AB278,15,7 b. Forty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is at least 50 percent but not more than 90 percent of the target recycling weight, determined under subd. 1.

AB278,15,10 c. Thirty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is more than 90 percent of the target recycling weight, determined under subd. 1.

AB278,15,18 (e) Recycling credits. If, for a program year, the weight of eligible electronic devices recycled by or on behalf of a manufacturer, as determined under par. (f) 1. or 2., exceeds the target recycling weight determined under par. (c) 1. or (d) 1., the manufacturer has a number of recycling credits equal to the number of excess pounds or 20 percent of the target recycling weight, whichever is less. The manufacturer may use the credits for the purpose of par. (d) 2. for any of the 3 succeeding program years or may sell credits to another manufacturer for use for any of the 3 succeeding program years.

AB278,15,25 (f) Weight recycled. 1. The weight of eligible electronic devices recycled by or on behalf of a manufacturer for a program year is the weight reported under sub. (5) (b) for that program year, except that if the manufacturer reports separately the weight of eligible electronic devices used by households in rural counties and used by households in urban counties for a program year, the weight is determined by adding the weight used by households in urban counties in that program year and 1.25 times the weight used by households in rural counties in that program year.

AB278,16,7 2. The weight of eligible electronic devices recycled by or on behalf of a manufacturer for the last 2 program quarters of program year 2009-10 is the weight reported under sub. (5) (b) for that period, except that if the manufacturer reports separately the weight of eligible electronic devices used by households in rural counties and used by households in urban counties for that period, the weight is determined by adding the weight used by households in urban counties in that period and 1.25 times the weight used by households in rural counties in that period.

AB278,16,10 (5) Manufacturers reporting requirements. (a) Weight of covered electronic devices sold. 1. Except as provided in subd. 3., with each registration that it submits under sub. (3), a manufacturer shall report one of the following to the department:

AB278,16,13 a. The total weight of each model of its covered electronic devices sold to households in this state during the program year that began 24 months before the beginning of the program year in which the report is made.

AB278,16,16 b. The total weight of all of its covered electronic devices sold to households in this state during the program year that began 24 months before the beginning of the program year in which the report is made.

AB278,16,19 c. An estimate, based on national sales data, of the total weight of its covered electronic devices sold to households in this state during the program year that began 24 months before the beginning of the program year in which the report is made.

AB278,16,21 2. A manufacturer shall include in the report required under subd. 1. a description of how the manufacturer calculated the weight reported under subd. 1.

AB278,16,24 3. A manufacturer is not required to report under subd. 1. until its covered electronic devices have been sold or offered for sale to households in this state for one full program year.

AB278,17,2 4. The department may reject a manufacturer's report under subd. 1. if it determines that the report is not complete or not reasonably accurate.

AB278,17,18 (b) Weight of eligible electronic devices recycled. With the registration that it submits under sub. (3) in 2010, a manufacturer shall report to the department the total weight of eligible electronic devices used by households in this state that were collected by or delivered to the manufacturer for recycling by the manufacturer or that were collected by or delivered to a registered recycler for recycling on behalf of the manufacturer during the last 2 program quarters of the preceding program year. Beginning in 2011, with the registration that it submits under sub. (3), a manufacturer shall report to the department the total weight of eligible electronic devices used by households in this state that were collected by or delivered to the manufacturer for recycling by the manufacturer or that were collected by or delivered to a registered recycler for recycling on behalf of the manufacturer during the preceding program year. A manufacturer may report separately the weight of eligible electronic devices used by households in rural counties and used by households in urban counties for the purpose of obtaining the weight adjustment under sub. (4) (f) for eligible electronic devices received from households in rural counties.

AB278,17,20 (c) Recycling credits. With the registration that it submits under sub. (3), beginning in 2011, a manufacturer shall report all of the following to the department:

AB278,17,22 1. The number of recycling credits that the manufacturer purchased during the preceding program year.