LRB-2862/1
RCT:kjf:jf
2009 - 2010 LEGISLATURE
May 19, 2009 - Introduced by Representatives Bernard Schaber, Benedict,
Berceau, Black, Clark, Dexter, Hebl, Hilgenberg, Hintz, Hubler, Kaufert,
Mason, Milroy, Molepske Jr., A. Ott, Parisi, Pasch, Pope-Roberts, Richards,
Roys, Seidel, Sherman, Shilling, Sinicki, Smith, A. Williams and Grigsby,
cosponsored by Senators Miller, Carpenter, Erpenbach, Hansen, Lehman,
Risser, Robson, Lassa, Taylor and Vinehout. Referred to Committee on
Natural Resources.
AB278,1,5
1An Act to amend 287.91 (2), 287.95 (1) and 287.97; and
to create 20.370 (2) (hr),
225.49 (1m), 287.07 (5), 287.09 (2) (ar), 287.13 (5) (i) and 287.17 of the statutes;
3relating to: the sale, disposal, collection, and recycling of electronic devices,
4granting rule-making authority, making an appropriation, and providing
5penalties.
Analysis by the Legislative Reference Bureau
This bill relates to the collection, recycling, and disposal of certain electronic
devices.
Manufacturers of video display devices, computers, and printers
In general
This bill imposes a number of requirements on manufacturers of consumer
video display devices, consumer computers, and consumer printers (covered
electronic devices). A consumer video display device is a television or a computer
monitor that has a tube or screen of at least seven inches in the longest diagonal
dimension and that is marketed for use by individuals.
Under the bill, beginning on December 1, 2009, a manufacturer may not sell a
covered electronic device at retail, or to a retailer for resale, unless the manufacturer
registers with the Department of Natural Resources (DNR), collects and recycles or
arranges for the collection and recycling of certain electronic devices, makes required
reports, and pays certain fees.
Beginning on May 1, 2010, the bill also prohibits a retailer from selling a
covered electronic device unless the retailer determines that the manufacturer is
registered with DNR.
Registration of manufacturers
The bill requires a manufacturer to register annually with DNR. The
registration must include a list of the manufacturer's brands that are sold in this
state, contact information, and a certification that the manufacturer complies with
the requirements in the bill. Beginning in 2010, the bill requires a manufacturer to
disclose, when it registers, whether its covered electronic devices comply with
European Union limitations on the presence of certain hazardous substances,
including lead and mercury, in electronic devices.
The bill authorizes DNR to revoke the registration of a manufacturer that
violates the requirements in the bill.
Collection and recycling; reporting
The bill requires a manufacturer of covered electronic devices to collect and
recycle or arrange for the collection and recycling of certain electronic devices that
were used by individuals. Collecting more electronic devices, by weight, lowers the
shortfall fees that a manufacturer is required to pay, as described below. A
manufacturer is not limited to collecting electronic devices made by the
manufacturer and is not limited to collecting covered electronic devices. The
electronic devices that are counted as satisfying a manufacturer's obligation to
collect and recycle (eligible electronic devices), in addition to covered electronic
devices, include computer peripherals, digital video players, and video recorders
used by individuals. Electronic devices used by businesses do not count toward a
manufacturer's obligation to collect and recycle.
The bill requires a manufacturer to make annual reports to DNR of the weight
of its covered electronic devices sold to individuals in this state and of the weight of
eligible electronic devices collected by or on behalf of the manufacturer.
Fees
The bill requires a manufacturer to pay an annual registration fee of $5,000,
except that the fee for a manufacturer that sells at least 25 but fewer than 100
covered electronic devices in this state in a year is $1,250 and a manufacturer that
sells fewer than 25 covered electronic devices is not required to pay a registration fee.
The bill also provides for shortfall fees. Whether a manufacturer must pay a
shortfall fee and the amount of the fee is based on the weight of a manufacturer's
covered electronic devices sold and the weight of eligible electronic devices recycled
by or on behalf of the manufacturer. Manufacturers are allowed to count eligible
electronic devices collected from individuals in rural counties (identified in the bill)
as weighing 1.25 times their actual weight.
If a manufacturer meets its target recycling weight, which is 0.8 times the
weight of its covered electronic devices sold in a year, it is not required to pay a
shortfall fee. If a manufacturer exceeds its target recycling weight, it receives
credits, which it may use to meet its target recycling weight in any of the next three
years or which it may sell to other manufacturers for that purpose.
Penalties
A manufacturer may be required to pay a forfeiture (a civil monetary penalty)
of not more than $10,000 for each violation of the requirements in the bill. The
maximum forfeiture for a violation by any person other than a manufacturer is
$1,000.
Collectors
A collector is an entity that receives eligible electronic devices from individuals
and delivers them to recyclers. The bill requires a collector to register annually with
DNR if the collector delivers to a recycler eligible electronic devices that will be
recycled on behalf of a manufacturer. The bill requires a collector to certify annually
that it complies with the requirements in the bill and with applicable health,
environmental, safety, and financial responsibility requirements. The bill also
requires a collector to report to DNR annually the total weight of covered electronic
devices collected and the names of recyclers to whom the collector delivered covered
electronic devices.
Recyclers
A recycler is an entity that accepts eligible electronic devices from individuals
and collectors and prepares the devices for use in manufacturing or recovers useable
materials from the devices. The bill requires a recycler to register annually with
DNR if it recycles eligible electronic devices on behalf of a manufacturer.
The bill requires a registered recycler to comply with a number of requirements,
including maintaining liability insurance, ensuring that it has funds available to
wind up its business and repair any environmental contamination caused by the
business, and maintaining records that show the weight of materials that it recovers
from eligible electronic devices that are actually recycled and the weight of materials
that are disposed of in a landfill or incinerated. The bill requires a registered recycler
to certify annually that it complies with the requirements in the bill and with
applicable requirements under other laws concerning health and safety training for
employees and the storage, transportation, processing, and exporting of eligible
electronic devices and materials recovered from those devices.
The bill prohibits a recycler from using prison labor to recycle eligible electronic
devices on behalf of a manufacturer.
The bill requires a recycler to report to DNR twice annually the total weight of
eligible electronic devices collected in this state that it receives for recycling on behalf
of manufacturers.
Retailers
The bill requires a retailer to provide information to purchasers describing how
eligible electronic devices can be collected and recycled and describing the
prohibitions on disposing of electronic devices in landfills, as described below.
Other provisions
Landfill and incineration ban
Current law prohibits various items, including lead acid batteries and major
appliances, from being disposed of in landfills and from being incinerated. This bill
prohibits the disposal in landfills and the incineration of televisions, computer
monitors, computers, computer peripherals, facsimile machines, digital video
players, video recorders, and telephones with video displays. The prohibition takes
effect on September 1, 2010. The bill authorizes DNR to expand the prohibition to
other kinds of electronic devices if disposing of the electronic devices in landfills may
be harmful to human health or the environment and also authorizes DNR to exempt
a kind of electronic device from the prohibition.
Audits
This bill authorizes DNR to perform or contract for the performance of an audit
of the activities of a registered collector or a registered recycler. The bill requires the
collector or recycler to pay a portion of the cost of the audit.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB278, s. 1
1Section
1. 20.370 (2) (hr) of the statutes is created to read:
AB278,4,42
20.370
(2) (hr)
Electronic waste recycling. From the recycling and renewable
3energy fund, all moneys received under s. 287.17 (4) and (10) (j) for administration
4of the electronic waste recycling program under s. 287.17.
AB278, s. 2
5Section
2. 25.49 (1m) of the statutes is created to read:
AB278,4,66
25.49
(1m) The moneys received under s. 287.17 (4) and (10) (j).
AB278, s. 3
7Section
3. 287.07 (5) of the statutes is created to read:
AB278,4,138
287.07
(5) Electronic devices. (a) Beginning on September 1, 2010, no person
9may dispose of in a solid waste disposal facility, burn in a solid waste treatment
10facility, or place in a container the contents of which will be disposed of in a solid
11waste disposal facility or burned in a solid waste treatment facility, any of the
12following devices, unless the device is of a kind exempted by a rule promulgated
13under s. 287.17 (10) (i):
AB278,4,1414
1. A peripheral, as defined in s. 287.17 (1) (j).
AB278,4,1515
3. A facsimile machine.
AB278,5,1
14. A digital video disc player.
AB278,5,32
5. A digital video player that does not use a disc and that is not a camera, as
3defined in s. 287.17 (1) (a).
AB278,5,44
6. A video cassette recorder.
AB278,5,65
7. A video recorder that does not use a cassette and that is not a camera, as
6defined in s. 287.17 (1) (a).
AB278,5,77
8. A covered electronic device, as defined in s. 287.17 (1) (f).
AB278,5,88
9. A telephone with a video display.
AB278,5,109
10. Another kind of electronic device identified by the department under s.
10287.17 (10) (i).
AB278,5,1511
(b) The operator of a solid waste disposal facility or a solid waste treatment
12facility shall make a reasonable effort to manually separate, and arrange to have
13recycled, a consumer video display device, as defined in s. 287.17 (1) (em), that is
14readily observable in solid waste that is delivered to the facility for disposal or
15burning unless the operator determines that one of the following applies:
AB278,5,1816
1. Separating the device is not practical or would require the operator to
17implement measures to protect human health or safety in addition to any measures
18taken in the ordinary course of business.
AB278,5,2019
2. The device has been damaged in such a way that recycling is not feasible or
20practical.
AB278, s. 4
21Section
4. 287.09 (2) (ar) of the statutes is created to read:
AB278,5,2422
287.09
(2) (ar) Provide information to persons in its region about the
23prohibitions under s. 287.07 (5) (a), why it is important to recycle electronic devices,
24and opportunities available to those persons for recycling electronic devices.