SB621: Bill Text

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.

SB621,57 Section 57. 287.17 (5) (a) 1. a. of the statutes is amended to read:

SB621,18,10 287.17 (5) (a) 1. a. The total weight of each model of its covered electronic devices sold to households or schools in this state during the program year that began 24 months 2 program years before the beginning of the program year in which the report is made.

SB621,58 Section 58. 287.17 (5) (a) 1. b. of the statutes is amended to read:

SB621,18,15 287.17 (5) (a) 1. b. The total weight of all of its covered electronic devices sold to households or schools in this state during the program year that began 24 months 2 program years before the beginning of the program year in which the report is made.

SB621,59 Section 59. 287.17 (5) (a) 1. c. of the statutes is amended to read:

SB621,18,20 287.17 (5) (a) 1. c. An estimate, based on national sales data, of the total weight of its covered electronic devices sold to households or schools in this state during the program year that began 24 months 2 program years before the beginning of the program year in which the report is made.

SB621,60 Section 60. 287.17 (5) (a) 1. d. of the statutes is created to read:

SB621,18,24 287.17 (5) (a) 1. d. The total weight of its covered electronic devices sold to households or schools in this state calculated by a method approved by the department.

SB621,61 Section 61. 287.17 (5) (b) of the statutes is amended to read:

SB621,19,17 287.17 (5) (b) Weight of eligible electronic devices recycled. With the registration that it submits under sub. (3) that is due by September 1, 2010, a manufacturer shall report to the department the total weight of eligible electronic devices used by households or schools 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 or schools 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 shall also report separately the weight of eligible electronic devices used by households or schools in rural counties and used by households or schools in urban counties for the purpose of obtaining the weight adjustment under sub. (4) (f) for eligible electronic devices received from households or schools in rural counties.

SB621,62 Section 62. 287.17 (5) (c) (intro.) of the statutes is amended to read:

SB621,19,21 287.17 (5) (c) Recycling credits. (intro.) With the registration that it submits under sub. (3), beginning in 2011, a manufacturer shall report all of the following to the department:

SB621,63 Section 63. 287.17 (5) (c) 3. of the statutes is amended to read:

SB621,19,25 287.17 (5) (c) 3. The number of recycling credits and rural county recycling credits that the manufacturer elects to use in the calculation of its shortfall fees under sub. (4) (d) 2 .

SB621,64 Section 64. 287.17 (5) (c) 4. of the statutes is amended to read:

SB621,20,3 287.17 (5) (c) 4. The number of recycling credits available to the manufacturer after calculating its shortfall fees under sub. (4) (d) 2 .

SB621,65 Section 65. 287.17 (7) (a) 1. (intro.) of the statutes is amended to read:

SB621,20,12 287.17 (7) (a) 1. (intro.) Beginning on January 1, 2010, no 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, no later than January 1, 2010, and annually, no later than August 1 beginning in 2010 the first day of the 2nd month of each program year, to the department a registration, using a form prescribed by the department, that includes all of the following:

SB621,66 Section 66. 287.17 (7) (a) 2. of the statutes is amended to read:

SB621,20,16 287.17 (7) (a) 2. A complete registration is effective on receipt by the department and is valid until the first day of the 2nd month of the following August 1 program year unless suspended or revoked before that date.

SB621,67 Section 67. 287.17 (7) (b) of the statutes is amended to read:

SB621,20,25 287.17 (7) (b) Reports and records. No later than August 1 the first day of the 2nd month 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.

SB621,68 Section 68. 287.17 (8) (a) 1. (intro.) of the statutes is amended to read:

SB621,21,8 287.17 (8) (a) 1. (intro.) Beginning on January 1, 2010, no 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, no later than January 1, 2010, and annually, no later than August 1 beginning in 2010 the first day of the 2nd month of each program year, to the department a registration, using a form prescribed by the department, that includes all of the following:

SB621,69 Section 69. 287.17 (8) (a) 2. of the statutes is amended to read:

SB621,21,12 287.17 (8) (a) 2. A complete registration is effective on receipt by the department and is valid until the first day of the 2nd month of the following August 1 program year unless suspended or revoked before that date.

SB621,70 Section 70. 287.17 (8) (b) 1. of the statutes is renumbered 287.17 (8) (b) (intro.) and amended to read:

SB621,21,20 287.17 (8) (b) Reports and records Annual reporting requirements. (intro.) No later than August 1 the first day of the 2nd month 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. all of the following:

SB621,71 Section 71. 287.17 (8) (b) 1m., 2m., 3m., 4. and 5. of the statutes are created to read:

SB621,21,25 287.17 (8) (b) 1m. 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.

SB621,22,3 2m. The 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, separated into the following categories:

SB621,22,4 a. Televisions that contain a cathode-ray tube.

SB621,22,5 b. Televisions that do not contain a cathode-ray tube.

SB621,22,6 c. Computer monitors that contain a cathode-ray tube.

SB621,22,7 d. Computer monitors that do not contain a cathode-ray tube.

SB621,22,8 e. Consumer computers.

SB621,22,9 f. Consumer printers.

SB621,22,10 g. Other eligible electronic devices.

SB621,22,12 3m. The weight of materials derived from the devices described in subd. 1m. during the preceding program year, separated into the following categories:

SB621,22,13 a. Cathode-ray tube glass.

SB621,22,14 b. Glass, not including cathode-ray tube glass.

SB621,22,15 c. Metals.

SB621,22,16 d. Plastics.

SB621,22,17 e. Other materials.

SB621,22,21 4. The weight of materials derived from the devices described in subd. 1m. that the registered recycler sent to another person for use in a manufacturing process or for recovery of usable materials during the preceding program year, separated into the categories under subd. 3m. a. to e.

SB621,22,25 5. The weight of materials derived from the devices described in subd. 1m. that the registered recycler sent to be disposed of in a solid waste disposal facility or burned at a solid waste treatment facility during the preceding program year, separated into the categories under subds. 3m. a. to e.

SB621,72 Section 72. 287.17 (8) (b) 2. of the statutes is renumbered 287.17 (8) (bm), and 287.17 (8) (bm) (intro.), as renumbered, is amended to read:

SB621,23,5 287.17 (8) (bm) Mid-year reporting requirements. (intro.) No later than February 1 the first day of the 8th month of each program year, beginning in 2011, a registered recycler shall report to the department all of the following:

SB621,73 Section 73. 287.17 (8) (c) 4. of the statutes is amended to read:

SB621,23,14 287.17 (8) (c) 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 usable 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 weights described in par. (b) 1m. to 5.

SB621,74 Section 74. 287.17 (8) (e) of the statutes is amended to read:

SB621,23,25 287.17 (8) (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 October 1, 2011.

SB621,75 Section 75. 287.17 (9) of the statutes is amended to read:

SB621,24,10 287.17 (9) Retailers. Beginning on July 1, 2010, a A retailer who sells covered electronic devices for use by households or schools 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.

SB621,76 Section 76. 287.17 (9m) of the statutes is amended to read:

SB621,24,16 287.17 (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 program 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.

SB621,77 Section 77. 287.17 (10) (c) 1. a. of the statutes is amended to read:

SB621,24,20 287.17 (10) (c) 1. a. The number by which the weight of covered electronic devices sold a manufacturer's total target recycling weight is multiplied under sub. (4) (d) 1. (3m) (c) to determine target rural county recycling weight.

SB621,78 Section 78. 287.17 (10) (c) 1. b. of the statutes is amended to read:

SB621,24,23 287.17 (10) (c) 1. b. The estimated cost of recycling under sub. (4) (d) 4. 1m. and 2m.

SB621,79 Section 79. 287.17 (10) (c) 1. d. of the statutes is repealed.

SB621,80 Section 80. 287.17 (10) (c) 2. of the statutes is amended to read:

SB621,25,6 287.17 (10) (c) 2. If the department determines that any of the values under subd. 1. a. to d. c. 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.

SB621,81 Section 81. 287.17 (10) (cm) of the statutes is repealed.

SB621,82 Section 82. 287.17 (10) (d) (intro.) of the statutes is amended to read:

SB621,25,13 287.17 (10) (d) Annual report. (intro.) Before December 1 of each program year, beginning in 2012 prior to the transition year, and before June 1 of each program year beginning with the transition year, 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:

SB621,83 Section 83. 287.17 (10) (i) of the statutes is amended to read:

SB621,26,2 287.17 (10) (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 October 1, 2011.

SB621,84 Section 84. 287.17 (10) (j) of the statutes is amended to read: