SB621: Bill Text

SB621,20 Section 20. 287.17 (1) (np) of the statutes is amended to read:

SB621,7,10 287.17 (1) (np) "School" means a public school, as defined in s. 115.01 (1), a private school participating in the program under s. 118.60, or a private school participating in the program under s. 119.23 elementary or secondary school, including a charter school, as defined in s. 115.001 (1), or a private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m).

SB621,21 Section 21. 287.17 (1) (pg) of the statutes is created to read:

SB621,7,14 287.17 (1) (pg) "Transition year" means the 18-month period from the July 1 following the effective date of this paragraph .... [LRB inserts date], to the December 31 of the following year.

SB621,22 Section 22. 287.17 (1) (q) of the statutes is created to read:

SB621,7,19 287.17 (1) (q) "Video game console" means an interactive electronic device, the primary purpose of which is to produce a video display signal that can be used with a display device such as a television or computer monitor to display a video game or other interactive activity.

SB621,23 Section 23. 287.17 (2) (a) (intro.) of the statutes is amended to read:

SB621,7,24 287.17 (2) (a) Manufacturers. (intro.) Beginning on February 1, 2010, a A manufacturer may not sell to a household or school, offer to sell to a household or school, or deliver to a retailer for subsequent sale to a household or school a new covered electronic device unless all of the following apply:

SB621,24 Section 24. 287.17 (2) (c) 1. of the statutes is amended to read:

SB621,8,5 287.17 (2) (c) 1. Beginning on July 1, 2010, a A retailer may not sell or offer for sale to a household or school 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).

SB621,25 Section 25. 287.17 (3) (a) (intro.) of the statutes is amended to read:

SB621,8,10 287.17 (3) (a) (intro.) To comply with sub. (2) (a) 2., a manufacturer shall, no later than February 1, 2010, and annually, no later than September 1 beginning in 2010 the first day of the 3rd month of each program year, submit to the department a registration that includes all of the following:

SB621,26 Section 26. 287.17 (3) (b) (intro.) of the statutes is amended to read:

SB621,8,14 287.17 (3) (b) (intro.) Beginning with the registration due by September 1, 2010, a A manufacturer shall indicate in its registration under par. (a) which of the following applies:

SB621,27 Section 27. 287.17 (3) (c) of the statutes is amended to read:

SB621,8,20 287.17 (3) (c) Notwithstanding the deadline in par. (a), a manufacturer who begins selling covered electronic devices after February 1, 2010, 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.

SB621,28 Section 28. 287.17 (3) (e) of the statutes is amended to read:

SB621,8,24 287.17 (3) (e) A complete registration is effective on receipt by the department and is valid until the first day of the 3rd month of the following September 1 program year unless revoked before that date.

SB621,29 Section 29. 287.17 (3m) (title) and (a) of the statutes are created to read:

SB621,9,3 287.17 (3m) (title) Manufacturer recycling targets, actual recycling weights, and recycling credits. (a) Total target recycling weight. A manufacturer's total target recycling weight for a program year is calculated as follows:

SB621,9,6 1. Determine the weight of eligible electronic devices received for recycling by all registered recyclers in the program year that began 2 program years before the beginning of the program year for which the calculation is made.

SB621,9,8 2. Multiply the amount determined under subd. 1. by the manufacturer's target recycling percentage for that program year, as determined under par. (b).

SB621,9,10 3. If the program year for which the calculation is made is the transition year, multiply the amount determined under subd. 2. by 1.5.

SB621,9,13 4. If the program year that began 2 program years before the beginning of the program year for which the calculation is made is the transition year, multiply the amount determined under subd. 2. by two-thirds.

SB621,30 Section 30. 287.17 (3m) (b) of the statutes is created to read:

SB621,9,16 287.17 (3m) (b) Target recycling percentage. A manufacturer's target recycling percentage for a program year is calculated as follows:

SB621,9,21 1. Unless subd. 2. applies, determine the average weight of covered electronic devices sold to households or schools in this state by the manufacturer during the 2-program-year period that began 4 program years before the beginning of the program year for which the calculation is made, as reported by the manufacturer under sub. (5) (a), subject to subd. 5.

SB621,9,25 2. If the program year for which the calculation is made is the 3rd full program year during which the manufacturer's covered electronic devices are sold or offered for sale to households or schools in this state, determine the weight of covered electronic devices sold to households or schools in this state by the manufacturer during the program year that began 3 program years before the beginning of the program year for which the calculation is made, as reported by the manufacturer under sub. (5) (a), subject to subd. 5.

SB621,10,9 3. Determine the average weight of covered electronic devices sold to households or schools in this state by all registered manufacturers during the 2-program-year period that began 4 program years before the beginning of the program year for which the calculation is made, based on the total of all weights reported under sub. (5) (a) by all registered manufacturers for those program years, subject to subd. 5.

SB621,10,11 4. Divide the amount determined under subd. 1. or 2. by the amount determined under subd. 3.

SB621,10,15 5. If a program year used in a calculation under subds. 1. to 3. was the transition year, multiply the weight of covered electronic devices sold to households or schools in this state during the transition year by two-thirds before using that weight in subds. 1. to 3.

SB621,31 Section 31. 287.17 (3m) (c) of the statutes is created to read:

SB621,10,21 287.17 (3m) (c) Target rural county recycling weight. At least 10 percent of a manufacturer's total target recycling weight for a program year shall consist of eligible electronic devices used by households or schools in rural counties. A manufacturer's target rural county recycling weight for a program year is the amount determined under par. (a), multiplied by 0.1.

SB621,32 Section 32. 287.17 (3m) (cm) of the statutes is created to read:

SB621,11,2 287.17 (3m) (cm) No later than 2 months before the beginning of each program year, the department shall notify each registered manufacturer of its total target recycling weight determined under par. (a) and its target rural county recycling weight determined under par. (c) for the upcoming program year.

SB621,33 Section 33. 287.17 (3m) (d) 1m. of the statutes is created to read:

SB621,11,7 287.17 (3m) (d) 1m. If the number of rural county recycling credits calculated under subd. 2. is a positive number, the number of recycling credits that a manufacturer accumulates under subd. 1. is the number calculated under subd. 1., less the number calculated under subd. 2.

SB621,34 Section 34. 287.17 (3m) (d) 1r. of the statutes is created to read:

SB621,11,14 287.17 (3m) (d) 1r. If a manufacturer has accumulated any credits before the beginning of the transition year, the manufacturer may use these credits for the purpose of determining its actual total recycling weight under par. (e) 1. for the transition year or may sell these credits to another manufacturer for the purpose of determining that manufacturer's actual total recycling weight under par. (e) 1. for the transition year.

SB621,35 Section 35. 287.17 (3m) (d) 2. of the statutes is created to read:

SB621,12,2 287.17 (3m) (d) 2. Except as provided in sub. (4) (g) 3., if, for a program year, the weight of eligible electronic devices used by households or schools in rural counties recycled by or on behalf of a manufacturer, as reported under sub. (5) (b), exceeds the manufacturer's target rural county recycling weight determined under par. (c), the manufacturer has a number of rural county recycling credits equal to the number of excess pounds or 20 percent of the target rural county recycling weight, whichever is less. The manufacturer may use these credits for the purpose of determining its actual rural county recycling weight under par. (e) 2. or actual total recycling weight under par. (e) 1. for the succeeding program year or may sell these credits to another manufacturer for the purpose of determining that manufacturer's actual rural county recycling weight under par. (e) 2. or actual total recycling weight under par. (e) 1. for the succeeding program year.

SB621,36 Section 36. 287.17 (3m) (e) of the statutes is created to read:

SB621,12,10 287.17 (3m) (e) Actual recycling weight. 1. A manufacturer's actual total recycling weight is the total weight of eligible electronic devices, including the entire weight of eligible electronic devices used by households or schools in rural counties, recycled by or on behalf of the manufacturer during the previous program year, as reported under sub. (5) (b), plus the number of recycling credits or rural county recycling credits that the manufacturer elects to use, as reported under sub. (5) (c) 3.

SB621,12,15 2. A manufacturer's actual rural county recycling weight is the weight of eligible electronic devices used by households or schools in rural counties recycled by or on behalf of the manufacturer during the previous program year, as reported under sub. (5) (b), plus the number of rural county recycling credits that the manufacturer elects to use, as reported under sub. (5) (c) 3.

SB621,37 Section 37. 287.17 (4) (title) of the statutes is amended to read:

SB621,12,18 287.17 (4) (title) Manufacturer recycling targets, fees, and recycling credits.

SB621,38 Section 38. 287.17 (4) (b) (intro.) of the statutes is created to read:

SB621,12,21 287.17 (4) (b) (intro.) In each program year other than the program year immediately following the transition year:

SB621,39 Section 39. 287.17 (4) (b) 1. of the statutes is amended to read:

SB621,12,25 287.17 (4) (b) 1. If the manufacturer sold at least 250 500 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).

SB621,40 Section 40. 287.17 (4) (b) 2. of the statutes is amended to read:

SB621,13,4 287.17 (4) (b) 2. If the manufacturer sold at least 25 250 but fewer than 250 500 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $1,250.

SB621,41 Section 41. 287.17 (4) (b) 3. of the statutes is amended to read:

SB621,13,8 287.17 (4) (b) 3. If the manufacturer sold fewer than 25 250 covered electronic devices in this state during the previous program year, the manufacturer is not required to pay a registration fee.

SB621,42 Section 42. 287.17 (4) (be) of the statutes is created to read:

SB621,13,11 287.17 (4) (be) Registration fees following the transition year. In the program year immediately following the transition year:

SB621,13,15 1. If the previous program year was the transition year and the manufacturer sold at least 750 covered electronic devices in this state during the transition year, the manufacturer shall pay a registration fee of $7,500, except as provided in sub. (10) (k).

SB621,13,18 2. If the previous program year was the transition year and the manufacturer sold at least 375 but fewer than 750 covered electronic devices in this state during the transition year, the manufacturer shall pay a registration fee of $1,875.

SB621,13,21 3. If the previous program year was the transition year and the manufacturer sold fewer than 375 covered electronic devices in this state during the transition year, the manufacturer is not required to pay a registration fee.

SB621,43 Section 43. 287.17 (4) (bm) of the statutes is amended to read:

SB621,14,3 287.17 (4) (bm) Shortfall fees. In addition to the registration fee, beginning in 2011, a manufacturer shall pay shortfall fees under par. (d) if the amounts calculated under that provision are positive numbers, except that a manufacturer is not required to pay a shortfall fees fee until its covered electronic devices have been sold or offered for sale to households or schools in this state for 3 full program years and except as provided under par. (g).

SB621,44 Section 44. 287.17 (4) (d) (title) of the statutes is amended to read:

SB621,14,5 287.17 (4) (d) (title) Annual Calculating shortfall fee after 2010 fees.

SB621,45 Section 45. 287.17 (4) (d) (intro.) (except 287.17 (4) (d) (title)) of the statutes is renumbered 287.17 (4) (d) 1m. (intro.) and amended to read:

SB621,14,14 287.17 (4) (d) 1m. (intro.) The annual Subject to subd. 1r., the total recycling weight shortfall fee to be paid by a manufacturer in a program year after 2010 is calculated by subtracting the manufacturer's actual total recycling weight for the previous program year, determined under sub. (3m) (e) 1., from the manufacturer's total target recycling weight for the previous program year, determined under sub. (3m) (a), and multiplying the resulting amount by the estimated cost of recycling determined as follows:

SB621,46 Section 46. 287.17 (4) (d) 1., 2., 3. and 4. (intro.) of the statutes are repealed.

SB621,47 Section 47. 287.17 (4) (d) 1r. of the statutes is created to read:

SB621,14,19 287.17 (4) (d) 1r. If the amount calculated under subd. 2m. is a positive number, the shortfall fee to be paid by a manufacturer under subd. 1m. is the amount calculated under subd. 1m., less the amount calculated under subd. 2m.

SB621,48 Section 48. 287.17 (4) (d) 2m. of the statutes is created to read:

SB621,15,2 287.17 (4) (d) 2m. The rural county recycling weight shortfall fee to be paid by a manufacturer in a program year is calculated by subtracting the manufacturer's actual rural county recycling weight for the previous program year, determined under sub. (3m) (e) 2., from the manufacturer's target rural county recycling weight for the previous program year, determined under sub. (3m) (c), and multiplying the resulting amount by the estimated cost of recycling determined as follows:

SB621,15,6 a. Fifty cents per pound for a manufacturer if the manufacturer's actual rural county recycling weight, as determined under sub. (3m) (e) 2., is less than 50 percent of the manufacturer's target rural county recycling weight, as determined under sub. (3m) (c).

SB621,15,10 b. Forty cents per pound for a manufacturer if the manufacturer's actual rural county recycling weight, as determined under sub. (3m) (e) 2., is at least 50 percent but not more than 90 percent of the manufacturer's target rural county recycling weight, as determined under sub. (3m) (c).

SB621,15,14 c. Thirty cents per pound for a manufacturer if the manufacturer's actual rural county recycling weight, as determined under sub. (3m) (e) 2., is more than 90 percent of the manufacturer's target rural county recycling weight, as determined under sub. (3m) (c).

SB621,49 Section 49. 287.17 (4) (d) 4. a., b. and c. of the statutes are renumbered 287.17 (4) (d) 1m. a., b. and c. and amended to read:

SB621,15,21 287.17 (4) (d) 1m. a. Fifty cents per pound for a manufacturer if the manufacturer's actual total recycling weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2. sub. (3m) (e) 1., is less than 50 percent of the manufacturer's total target recycling weight, determined under subd. 1. sub. (3m) (a).

SB621,16,2 b. Forty cents per pound for a manufacturer if the manufacturer's actual total recycling weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2. sub. (3m) (e) 1., is at least 50 percent but not more than 90 percent of the manufacturer's total target recycling weight, determined under subd. 1. sub. (3m) (a).

SB621,16,7 c. Thirty cents per pound for a manufacturer if the manufacturer's actual total recycling weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2. sub. (3m) (e) 1., is more than 90 percent of the manufacturer's total target recycling weight, determined under subd. 1. sub. (3m) (a).

SB621,50 Section 50. 287.17 (4) (dm) of the statutes is repealed.

SB621,51 Section 51. 287.17 (4) (e) of the statutes is renumbered 287.17 (3m) (d) 1. and amended to read:

SB621,16,22 287.17 (3m) (d) Recycling credits. 1. If Except as provided in sub. (4) (g) 3., if, for a program year, the total weight of eligible electronic devices recycled by or on behalf of a manufacturer, as determined reported under par. (f) 1. or 2. sub. (5) (b), exceeds the manufacturer's total target recycling weight determined under par. (d) 1. or (dm) (a), the manufacturer has a number of recycling credits equal to the number of excess pounds or 20 percent of the total target recycling weight for that program year, whichever is less, subject to subd. 1m. The manufacturer may use the these credits for the purpose of par. (d) 2. determining its actual total recycling weight under par. (e) 1. for any of the 3 succeeding program years year or may sell credits to another manufacturer for use for the purpose of determining that manufacturer's actual total recycling weight under par. (e) 1. for any of the 3 succeeding program years year, subject to subd. 1r.

SB621,52 Section 52. 287.17 (4) (f) of the statutes is repealed.

SB621,53 Section 53. 287.17 (4) (g) 1. of the statutes is amended to read:

SB621,17,5 287.17 (4) (g) 1. Instead of paying a shortfall fee under this subsection par. (d) 1m. in a program year, a manufacturer may submit, with its registration, a request for relief from all or a portion of the shortfall fee in that program year along with information showing that the manufacturer has made good faith progress toward meeting its total target recycling weight under par. (d) 1. sub. (3m) (a).

SB621,54 Section 54. 287.17 (4) (g) 1m. of the statutes is created to read:

SB621,17,11 287.17 (4) (g) 1m. Instead of paying a shortfall fee under par. (d) 2m. in a program year, a manufacturer may submit, with its registration, a request for relief from all or a portion of the shortfall fee in that program year along with information showing that the manufacturer has made good faith progress toward meeting its target rural county recycling weight under sub. (3m) (c).

SB621,55 Section 55. 287.17 (4) (g) 2. of the statutes is amended to read:

SB621,17,21 287.17 (4) (g) 2. If the department determines that a manufacturer that makes a request under subd. 1. or 1m. in a program year has made good faith progress toward meeting its total target recycling weight or target rural county recycling weight, the department shall waive the requirement that the manufacturer pay the all or a portion of that shortfall fee in the program year. If the department determines that the manufacturer has not made good faith progress toward meeting its total target recycling weight or its target rural county recycling weight, it shall notify the manufacturer and the manufacturer shall pay the that shortfall fee within 60 days after receiving the notification.

SB621,56 Section 56. 287.17 (4) (g) 3. of the statutes is created to read:

SB621,18,5 287.17 (4) (g) 3. If, for a program year, the total weight of eligible electronic devices recycled by or on behalf of a manufacturer, as reported under sub. (5) (b), exceeds the manufacturer's total target recycling weight determined under sub. (3m) (a) by 20 percent or more, the manufacturer may elect to be exempt from the the rural county recycling weight shortfall fee under par. (d) 2m. for that program year, and shall submit, with its registration, a notice that it is making that election. If a manufacturer elects to be exempt under this subdivision, the manufacturer may not accumulate any recycling credits under sub. (3m) (d) for that program year.