SB621,13,86
287.17
(4) (b) 3. If the manufacturer sold fewer than
25 250 covered electronic
7devices in this state during the previous program year, the manufacturer is not
8required to pay a registration fee.
SB621,42
9Section
42. 287.17 (4) (be) of the statutes is created to read:
SB621,13,1110
287.17
(4) (be)
Registration fees following the transition year. In the program
11year immediately following the transition year:
SB621,13,1512
1. If the previous program year was the transition year and the manufacturer
13sold at least 750 covered electronic devices in this state during the transition year,
14the manufacturer shall pay a registration fee of $7,500, except as provided in sub.
15(10) (k).
SB621,13,1816
2. If the previous program year was the transition year and the manufacturer
17sold at least 375 but fewer than 750 covered electronic devices in this state during
18the transition year, the manufacturer shall pay a registration fee of $1,875.
SB621,13,2119
3. If the previous program year was the transition year and the manufacturer
20sold fewer than 375 covered electronic devices in this state during the transition year,
21the manufacturer is not required to pay a registration fee.
SB621,43
22Section
43. 287.17 (4) (bm) of the statutes is amended to read:
SB621,14,323
287.17
(4) (bm)
Shortfall fees. In addition to the registration fee,
beginning in
242011, a manufacturer shall pay shortfall fees under par. (d) if the amounts calculated
25under that provision are positive numbers, except that a manufacturer is not
1required to pay
a shortfall
fees fee until its covered electronic devices have been sold
2or offered for sale to households or schools in this state for 3 full program years and
3except as provided under par. (g).
SB621,44
4Section
44. 287.17 (4) (d) (title) of the statutes is amended to read:
SB621,14,55
287.17
(4) (d) (title)
Annual
Calculating shortfall fee after 2010 fees.
SB621,45
6Section
45. 287.17 (4) (d) (intro.) (except 287.17 (4) (d) (title)) of the statutes
7is renumbered 287.17 (4) (d) 1m. (intro.) and amended to read:
SB621,14,148
287.17
(4) (d) 1m. (intro.)
The annual
Subject to subd. 1r., the total recycling
9weight shortfall fee to be paid by a manufacturer in a
program year
after 2010 is
10calculated
by subtracting the manufacturer's actual total recycling weight for the
11previous program year, determined under sub. (3m) (e) 1., from the manufacturer's
12total target recycling weight for the previous program year, determined under sub.
13(3m) (a), and multiplying the resulting amount by the estimated cost of recycling
14determined as follows:
SB621,46
15Section
46. 287.17 (4) (d) 1., 2., 3. and 4. (intro.) of the statutes are repealed.
SB621,47
16Section
47. 287.17 (4) (d) 1r. of the statutes is created to read:
SB621,14,1917
287.17
(4) (d) 1r. If the amount calculated under subd. 2m. is a positive number,
18the shortfall fee to be paid by a manufacturer under subd. 1m. is the amount
19calculated under subd. 1m., less the amount calculated under subd. 2m.
SB621,48
20Section
48. 287.17 (4) (d) 2m. of the statutes is created to read:
SB621,15,221
287.17
(4) (d) 2m. The rural county recycling weight shortfall fee to be paid by
22a manufacturer in a program year is calculated by subtracting the manufacturer's
23actual rural county recycling weight for the previous program year, determined
24under sub. (3m) (e) 2., from the manufacturer's target rural county recycling weight
1for the previous program year, determined under sub. (3m) (c), and multiplying the
2resulting amount by the estimated cost of recycling determined as follows:
SB621,15,63
a. Fifty cents per pound for a manufacturer if the manufacturer's actual rural
4county recycling weight, as determined under sub. (3m) (e) 2., is less than 50 percent
5of the manufacturer's target rural county recycling weight, as determined under sub.
6(3m) (c).
SB621,15,107
b. Forty cents per pound for a manufacturer if the manufacturer's actual rural
8county recycling weight, as determined under sub. (3m) (e) 2., is at least 50 percent
9but not more than 90 percent of the manufacturer's target rural county recycling
10weight, as determined under sub. (3m) (c).
SB621,15,1411
c. Thirty cents per pound for a manufacturer if the manufacturer's actual rural
12county recycling weight, as determined under sub. (3m) (e) 2., is more than 90
13percent of the manufacturer's target rural county recycling weight, as determined
14under sub. (3m) (c).
SB621,49
15Section
49. 287.17 (4) (d) 4. a., b. and c. of the statutes are renumbered 287.17
16(4) (d) 1m. a., b. and c. and amended to read:
SB621,15,2117
287.17
(4) (d) 1m. a. Fifty cents per pound for a manufacturer if the
18manufacturer's actual total recycling weight
of eligible electronic devices recycled by
19or on behalf of the manufacturer, as determined under
subd. 2. sub. (3m) (e) 1., is less
20than 50 percent of the
manufacturer's total target recycling weight, determined
21under
subd. 1. sub. (3m) (a).
SB621,16,222
b. Forty cents per pound for a manufacturer if the
manufacturer's actual total
23recycling weight
of eligible electronic devices recycled by or on behalf of the
24manufacturer, as determined under
subd. 2. sub. (3m) (e) 1., is at least 50 percent but
1not more than 90 percent of the
manufacturer's total target recycling weight,
2determined under
subd. 1. sub. (3m) (a).
SB621,16,73
c. Thirty cents per pound for a manufacturer if the
manufacturer's actual total
4recycling weight
of eligible electronic devices recycled by or on behalf of the
5manufacturer, as determined under
subd. 2. sub. (3m) (e) 1., is more than 90 percent
6of the
manufacturer's total target recycling weight, determined under
subd. 1. sub.
7(3m) (a).
SB621,50
8Section
50. 287.17 (4) (dm) of the statutes is repealed.
SB621,51
9Section
51. 287.17 (4) (e) of the statutes is renumbered 287.17 (3m) (d) 1. and
10amended to read:
SB621,16,2211
287.17
(3m) (d)
Recycling credits. 1.
If Except as provided in sub. (4) (g) 3., if,
12for a program year, the
total weight of eligible electronic devices recycled by or on
13behalf of a manufacturer, as
determined reported under
par. (f) 1. or 2. sub. (5) (b),
14exceeds the
manufacturer's total target recycling weight determined under par.
(d)
151. or (dm) (a), the manufacturer has a number of recycling credits equal to the
16number of excess pounds or 20 percent of the
total target recycling weight
for that
17program year, whichever is less
, subject to subd. 1m. The manufacturer may use
the 18these credits for the purpose of
par. (d) 2. determining its actual total recycling
19weight under par. (e) 1. for
any of the
3 succeeding program
years year or may sell
20credits to another manufacturer
for use for the purpose of determining that
21manufacturer's actual total recycling weight under par. (e) 1. for
any of the
3 22succeeding program
years year, subject to subd. 1r.
SB621,52
23Section
52. 287.17 (4) (f) of the statutes is repealed.
SB621,53
24Section
53. 287.17 (4) (g) 1. of the statutes is amended to read:
SB621,17,5
1287.17
(4) (g) 1. Instead of paying a shortfall fee under
this subsection par. (d)
21m. in a
program year, a manufacturer may submit, with its registration, a request
3for relief from
all or a portion of the shortfall fee in that
program year along with
4information showing that the manufacturer has made good faith progress toward
5meeting its
total target recycling weight under
par. (d) 1. sub. (3m) (a).
SB621,54
6Section
54. 287.17 (4) (g) 1m. of the statutes is created to read:
SB621,17,117
287.17
(4) (g) 1m. Instead of paying a shortfall fee under par. (d) 2m. in a
8program year, a manufacturer may submit, with its registration, a request for relief
9from all or a portion of the shortfall fee in that program year along with information
10showing that the manufacturer has made good faith progress toward meeting its
11target rural county recycling weight under sub. (3m) (c).
SB621,55
12Section
55. 287.17 (4) (g) 2. of the statutes is amended to read:
SB621,17,2113
287.17
(4) (g) 2. If the department determines that a manufacturer that makes
14a request under subd. 1.
or 1m. in a
program year has made good faith progress
15toward meeting its
total target recycling weight
or target rural county recycling
16weight, the department shall waive the requirement that the manufacturer pay
the 17all or a portion of that shortfall fee in the
program year. If the department determines
18that the manufacturer has not made good faith progress toward meeting its
total 19target recycling weight
or its target rural county recycling weight, it shall notify the
20manufacturer and the manufacturer shall pay
the that shortfall fee within 60 days
21after receiving the notification.
SB621,56
22Section
56. 287.17 (4) (g) 3. of the statutes is created to read:
SB621,18,523
287.17
(4) (g) 3. If, for a program year, the total weight of eligible electronic
24devices recycled by or on behalf of a manufacturer, as reported under sub. (5) (b),
25exceeds the manufacturer's total target recycling weight determined under sub. (3m)
1(a) by 20 percent or more, the manufacturer may elect to be exempt from the the rural
2county recycling weight shortfall fee under par. (d) 2m. for that program year, and
3shall submit, with its registration, a notice that it is making that election. If a
4manufacturer elects to be exempt under this subdivision, the manufacturer may not
5accumulate any recycling credits under sub. (3m) (d) for that program year.
SB621,57
6Section
57. 287.17 (5) (a) 1. a. of the statutes is amended to read:
SB621,18,107
287.17
(5) (a) 1. a. The total weight of each model of its covered electronic
8devices sold to households or schools in this state during the program year that began
924 months 2 program years before the beginning of the program year in which the
10report is made.
SB621,58
11Section
58. 287.17 (5) (a) 1. b. of the statutes is amended to read:
SB621,18,1512
287.17
(5) (a) 1. b. The total weight of all of its covered electronic devices sold
13to households or schools in this state during the program year that began
24 months 142 program years before the beginning of the program year in which the report is
15made.
SB621,59
16Section
59. 287.17 (5) (a) 1. c. of the statutes is amended to read:
SB621,18,2017
287.17
(5) (a) 1. c. An estimate, based on national sales data, of the total weight
18of its covered electronic devices sold to households or schools in this state during the
19program year that began
24 months 2 program years before the beginning of the
20program year in which the report is made.
SB621,60
21Section
60. 287.17 (5) (a) 1. d. of the statutes is created to read:
SB621,18,2422
287.17
(5) (a) 1. d. The total weight of its covered electronic devices sold to
23households or schools in this state calculated by a method approved by the
24department.
SB621,61
25Section
61. 287.17 (5) (b) of the statutes is amended to read:
SB621,19,17
1287.17
(5) (b)
Weight of eligible electronic devices recycled. With
the
2registration that it submits under sub. (3) that is due by September 1, 2010, a
3manufacturer shall report to the department the total weight of eligible electronic
4devices used by households or schools in this state that were collected by or delivered
5to the manufacturer for recycling by the manufacturer or that were collected by or
6delivered to a registered recycler for recycling on behalf of the manufacturer during
7the last 2 program quarters of the preceding program year. Beginning in 2011, with 8the registration that it submits under sub. (3), a manufacturer shall report to the
9department the total weight of eligible electronic devices used by households or
10schools in this state that were collected by or delivered to the manufacturer for
11recycling by the manufacturer or that were collected by or delivered to a registered
12recycler for recycling on behalf of the manufacturer during the preceding program
13year. A manufacturer
may shall also report separately the weight of eligible
14electronic devices used by households or schools in rural counties and used by
15households or schools in urban counties
for the purpose of obtaining the weight
16adjustment under sub. (4) (f) for eligible electronic devices received from households
17or schools in rural counties.
SB621,62
18Section
62. 287.17 (5) (c) (intro.) of the statutes is amended to read:
SB621,19,2119
287.17
(5) (c)
Recycling credits. (intro.) With the registration that it submits
20under sub. (3),
beginning in 2011, a manufacturer shall report all of the following to
21the department:
SB621,63
22Section
63. 287.17 (5) (c) 3. of the statutes is amended to read:
SB621,19,2523
287.17
(5) (c) 3. The number of recycling credits
and rural county recycling
24credits that the manufacturer elects to use in the calculation of its shortfall fees
25under sub. (4) (d)
2 .
SB621,64
1Section
64. 287.17 (5) (c) 4. of the statutes is amended to read:
SB621,20,32
287.17
(5) (c) 4. The number of recycling credits available to the manufacturer
3after calculating its shortfall fees under sub. (4) (d)
2 .
SB621,65
4Section
65. 287.17 (7) (a) 1. (intro.) of the statutes is amended to read:
SB621,20,125
287.17
(7) (a) 1. (intro.)
Beginning on January 1, 2010, no No person may
6operate as a collector delivering or arranging for the delivery of eligible electronic
7devices to a registered recycler for recycling on behalf of a manufacturer who is
8registered under sub. (3) unless the person is registered under this paragraph. A
9person shall register by submitting,
no later than January 1, 2010, and annually, no
10later than
August 1 beginning in 2010 the first day of the 2nd month of each program
11year, to the department a registration, using a form prescribed by the department,
12that includes all of the following:
SB621,66
13Section
66. 287.17 (7) (a) 2. of the statutes is amended to read:
SB621,20,1614
287.17
(7) (a) 2. A complete registration is effective on receipt by the
15department and is valid until
the first day of the 2nd month of the following
August
161 program year unless suspended or revoked before that date.
SB621,67
17Section
67. 287.17 (7) (b) of the statutes is amended to read:
SB621,20,2518
287.17
(7) (b)
Reports and records. No later than
August 1 the first day of the
192nd month of each program year
, beginning August 1, 2010, a registered collector
20shall report to the department the total weight of eligible electronic devices collected
21in this state during the preceding program year and the names of all registered
22recyclers to whom the collector delivered eligible electronic devices. A registered
23collector shall maintain records of the sources of eligible electronic devices it collects
24and of the registered recyclers to whom the collector delivers eligible electronic
25devices.
SB621,68
1Section
68. 287.17 (8) (a) 1. (intro.) of the statutes is amended to read:
SB621,21,82
287.17
(8) (a) 1. (intro.)
Beginning on January 1, 2010, no No person may
3operate as a recycler receiving eligible electronic devices on behalf of a manufacturer
4who is registered under sub. (3) unless the person is registered under this paragraph.
5A person shall register by submitting,
no later than January 1, 2010, and annually, 6no later than
August 1 beginning in 2010 the first day of the 2nd month of each
7program year, to the department a registration, using a form prescribed by the
8department, that includes all of the following:
SB621,69
9Section
69. 287.17 (8) (a) 2. of the statutes is amended to read:
SB621,21,1210
287.17
(8) (a) 2. A complete registration is effective on receipt by the
11department and is valid until
the first day of the 2nd month of the following
August
121 program year unless suspended or revoked before that date.
SB621,70
13Section
70. 287.17 (8) (b) 1. of the statutes is renumbered 287.17 (8) (b) (intro.)
14and amended to read:
SB621,21,2015
287.17
(8) (b)
Reports and records Annual reporting requirements. (intro.) No
16later than
August 1 the first day of the 2nd month of each program year
, beginning
17with August 1, 2010, a registered recycler shall report to the department
the total
18weight of eligible electronic devices collected in this state that the recycler received
19for recycling on behalf of a manufacturer registered under sub. (3) during the
20preceding program year and the name of the manufacturer. all of the following:
SB621,71
21Section
71. 287.17 (8) (b) 1m., 2m., 3m., 4. and 5. of the statutes are created
22to read:
SB621,21,2523
287.17
(8) (b) 1m. The total weight of eligible electronic devices collected in this
24state that the recycler received for recycling on behalf of a manufacturer registered
25under sub. (3) during the preceding program year and the name of the manufacturer.
SB621,22,3
12m. The weight of eligible electronic devices collected in this state that the
2recycler received for recycling on behalf of a manufacturer registered under sub. (3)
3during the preceding program year, separated into the following categories:
SB621,22,44
a. Televisions that contain a cathode-ray tube.
SB621,22,55
b. Televisions that do not contain a cathode-ray tube.
SB621,22,66
c. Computer monitors that contain a cathode-ray tube.
SB621,22,77
d. Computer monitors that do not contain a cathode-ray tube.
SB621,22,88
e. Consumer computers.
SB621,22,99
f. Consumer printers.
SB621,22,1010
g. Other eligible electronic devices.
SB621,22,1211
3m. The weight of materials derived from the devices described in subd. 1m.
12during the preceding program year, separated into the following categories:
SB621,22,1313
a. Cathode-ray tube glass.
SB621,22,1414
b. Glass, not including cathode-ray tube glass.
SB621,22,1616
d. Plastics.
SB621,22,1717
e. Other materials.
SB621,22,2118
4. The weight of materials derived from the devices described in subd. 1m. that
19the registered recycler sent to another person for use in a manufacturing process or
20for recovery of usable materials during the preceding program year, separated into
21the categories under subd. 3m. a. to e.
SB621,22,2522
5. The weight of materials derived from the devices described in subd. 1m. that
23the registered recycler sent to be disposed of in a solid waste disposal facility or
24burned at a solid waste treatment facility during the preceding program year,
25separated into the categories under subds. 3m. a. to e.
SB621,72
1Section
72. 287.17 (8) (b) 2. of the statutes is renumbered 287.17 (8) (bm), and
2287.17 (8) (bm) (intro.), as renumbered, is amended to read:
SB621,23,53
287.17
(8) (bm)
Mid-year reporting requirements. (intro.) No later than
4February 1 the first day of the 8th month of each program year,
beginning in 2011, 5a registered recycler shall report to the department all of the following:
SB621,73
6Section
73. 287.17 (8) (c) 4. of the statutes is amended to read:
SB621,23,147
287.17
(8) (c) 4. A registered recycler shall maintain records that can be used
8to determine, for each program year, the
total weight of eligible electronic devices
9recycled by the recycler on behalf of manufacturers under this section, the weight of
10materials derived from those eligible electronic devices that the registered recycler 11sends to another person for use in a manufacturing process or for recovery of usable
12materials, and the weight of materials derived from those eligible electronic devices
13that the registered recycler sends to be disposed of in a solid waste disposal facility
14or burned at a solid waste treatment facility weights described in par. (b) 1m. to 5.
SB621,74
15Section
74. 287.17 (8) (e) of the statutes is amended to read:
SB621,23,2516
287.17
(8) (e)
Modifying or adding requirements by rule. The department shall
17review the requirements under par. (c) 1. to 7. to determine whether it is necessary
18to modify or add to those requirements so that the requirements applicable to
19registered recyclers are at least equivalent to nationally recognized standards for
20recycling eligible electronic devices. If the department determines that it is
21necessary to modify or add to the requirements under par. (c) 1. to 7., the department
22shall promulgate rules that modify or add to the requirements so that they are at
23least equivalent to nationally recognized standards for recycling eligible electronic
24devices.
The department may not promulgate a rule under this paragraph that takes
25effect before October 1, 2011.
SB621,75
1Section
75. 287.17 (9) of the statutes is amended to read: