SB621: Bill Text

LRB-1605/1

MCP:wlj&amn

2015 - 2016 LEGISLATURE

2015 Senate BILL 621

January 22, 2016 - Introduced by Senators Miller, Carpenter, C. Larson, Risser, Vinehout and L. Taylor, cosponsored by Representatives Hebl, Billings, Considine, Jorgensen, Kahl, Kolste, Mason, Ohnstad, A. Ott, Pope, Sargent, Shankland, Sinicki, Spreitzer, C. Taylor and Zepnick. Referred to Committee on Natural Resources and Energy.

SB621,2,10 An Act to repeal 287.07 (5) (a) 5., 287.07 (5) (a) 7., 287.17 (1) (a), 287.17 (1) (gs) 1., 4m., 5m., 6. and 6m., 287.17 (4) (d) 1., 2., 3. and 4. (intro.), 287.17 (4) (dm), 287.17 (4) (f), 287.17 (10) (c) 1. d. and 287.17 (10) (cm); to renumber and amend 287.17 (1) (k), 287.17 (4) (d) (intro.) (except 287.17 (4) (d) (title)), 287.17 (4) (d) 4. a., b. and c., 287.17 (4) (e), 287.17 (8) (b) 1. and 287.17 (8) (b) 2.; to amend 287.07 (5) (a) 4., 287.07 (5) (a) 6., 287.17 (1) (e), 287.17 (1) (em), 287.17 (1) (f), 287.17 (1) (gs) 4., 287.17 (1) (gs) 5., 287.17 (1) (j), 287.17 (1) (np), 287.17 (2) (a) (intro.), 287.17 (2) (c) 1., 287.17 (3) (a) (intro.), 287.17 (3) (b) (intro.), 287.17 (3) (c), 287.17 (3) (e), 287.17 (4) (title), 287.17 (4) (b) 1., 287.17 (4) (b) 2., 287.17 (4) (b) 3., 287.17 (4) (bm), 287.17 (4) (d) (title), 287.17 (4) (g) 1., 287.17 (4) (g) 2., 287.17 (5) (a) 1. a., 287.17 (5) (a) 1. b., 287.17 (5) (a) 1. c., 287.17 (5) (b), 287.17 (5) (c) (intro.), 287.17 (5) (c) 3., 287.17 (5) (c) 4., 287.17 (7) (a) 1. (intro.), 287.17 (7) (a) 2., 287.17 (7) (b), 287.17 (8) (a) 1. (intro.), 287.17 (8) (a) 2., 287.17 (8) (c) 4., 287.17 (8) (e), 287.17 (9), 287.17 (9m), 287.17 (10) (c) 1. a., 287.17 (10) (c) 1. b., 287.17 (10) (c) 2., 287.17 (10) (d) (intro.), 287.17 (10) (i), 287.17 (10) (j) and 287.17 (10) (k); and to create 287.17 (1) (eg) 1. c., 287.17 (1) (eg) 1. d., 287.17 (1) (gs) 1m., 287.17 (1) (k) 1., 287.17 (1) (k) 2., 287.17 (1) (k) 3., 287.17 (1) (pg), 287.17 (1) (q), 287.17 (3m) (title) and (a), 287.17 (3m) (b), 287.17 (3m) (c), 287.17 (3m) (cm), 287.17 (3m) (d) 1m., 287.17 (3m) (d) 1r., 287.17 (3m) (d) 2., 287.17 (3m) (e), 287.17 (4) (b) (intro.), 287.17 (4) (be), 287.17 (4) (d) 1r., 287.17 (4) (d) 2m., 287.17 (4) (g) 1m., 287.17 (4) (g) 3., 287.17 (5) (a) 1. d., 287.17 (8) (b) 1m., 2m., 3m., 4. and 5., 287.17 (10) (L) and 287.17 (10) (m) of the statutes; relating to: changes to the electronic waste recycling program and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes changes to this state's electronic waste recycling program, known as "E-Cycle Wisconsin," which is administered by the Department of Natural Resources (DNR).

General program requirements; covered electronic devices

Under the program, a manufacturer may not sell certain consumer electronic devices to households or schools in this state, or deliver consumer electronic devices to a retailer, unless the manufacturer registers with DNR each year, pays a registration fee, and either recycles a certain amount of consumer electronic devices or pays a shortfall fee. A retailer may not sell certain consumer electronic devices to households or schools in this state unless the device's manufacturer is registered under the program. A recycler that receives electronic devices on behalf of a registered manufacturer must also register under the program and comply with certain reporting and recordkeeping requirements.

This bill expands the type of consumer electronic devices covered under the program to include video game consoles, all video display devices with screens of at least seven inches measured diagonally, and peripherals, such as keyboards or speakers, that are sold for external use with a video display device, such as a television.

Manufacturer target recycling weights

This bill changes the method for calculating a manufacturer's target recycling weight for a program year.

Under current law, a manufacturer's target recycling weight for a program year is 80 percent of the weight of electronic devices that the manufacturer sold during the program year preceding the previous program year.

Under this bill, a manufacturer's total target recycling weight for a program year is a certain percentage of the total weight of electronic devices that all registered recyclers received for recycling during the program year preceding the previous program year. In general, the percentage applied in this calculation for a program year is the average weight of electronic devices that the manufacturer sold in this state during a certain two-program-year period, divided by the average weight of electronic devices sold in this state by all registered manufacturers during that two-program-year period.

This bill eliminates the existing recycling weight bonus for electronic devices recycled from rural counties, and instead requires that 10 percent of a manufacturer's total target recycling weight for a program year consist of electronic devices recycled from rural counties (target rural county recycling weight).

This bill also requires DNR, at least two months before the beginning of a program year, to notify each registered manufacturer of its total target recycling weight and target rural county recycling weight for the upcoming program year.

Manufacturer shortfall fees

Under current law, a manufacturer must pay a shortfall fee with its annual registration if it did not recycle enough electronic devices during the previous year to meet its target recycling weight.

This bill creates a separate rural county shortfall fee, which must be paid if the manufacturer failed to meet its target rural county recycling weight for the previous year.

Under the bill, if a manufacturer exceeds its total target recycling weight by more than 20 percent for a program year, the manufacturer may elect to be exempt from any rural county recycling weight shortfall fee owed for that program year. If a manufacturer elects to be exempt from the rural shortfall fee for a program year, the manufacturer may not accumulate any recycling credits for that program year.

Manufacturer recycling credits

Under current law, a manufacturer gains a certain number of recycling credits if it recycles more than its target recycling weight during a program year.

This bill allows a manufacturer to accumulate rural county recycling credits if it exceeds its target rural county recycling weight during a program year. The manufacturer may apply these rural county recycling credits toward meeting its total target recycling weight or its target rural county recycling weight for the succeeding program year, or may sell them to another manufacturer. Under the bill, a manufacturer's total recycling credits, earned from exceeding its total recycling weight for a program year, may be applied only toward its total target recycling weight and may not be used toward meeting its target rural county recycling weight.

Manufacturer reporting requirements

Under current law, a manufacturer must report certain information to DNR when it submits its annual registration under the program.

This bill requires manufacturers, when reporting the total weight of electronic devices recycled by or on behalf of the manufacturer each year, to also report the weight of devices collected from rural counties separately from devices collected from urban counties.

Manufacturer registration fee

Under current law, a manufacturer must ordinarily pay a registration fee with its annual registration, based on the number of electronic devices it sold in the state during the previous year.

This bill raises the threshold for requiring a manufacturer to pay a registration fee. Under the bill, a manufacturer's registration fee is $5,000 if it sold at least 500 electronic devices in this state during the previous program year, and $1,250 if it sold at least 250 but fewer than 500 electronic devices. There is no registration fee if the manufacturer sold fewer than 250 electronic devices during the previous program year.

Recycler reporting requirements

This bill changes the reporting requirements for registered recyclers.

Under current law, every year a registered recycler must report to DNR the total weight of electronic devices the recycler received from a registered manufacturer for recycling during the previous program year.

This bill requires a recycler, in its annual report, to also separate this total weight into different categories, depending on the type of device and whether the device contains a cathode-ray tube. The bill also requires a recycler to report the weight of certain materials, such as cathode-ray tube glass, metals, and plastics, that the recycler derived from the electronic devices it received during the previous program year.

Program year

Under current law, a program year runs from July 1 to the following June 30. This bill creates an 18-month transition period (transition year) that runs from the July 1 following the effective date of the bill to the December 31 of the following year. After the transition year, a program year runs from January 1 to December 31.

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:

SB621,1 Section 1. 287.07 (5) (a) 4. of the statutes is amended to read:

SB621,4,2 287.07 (5) (a) 4. A digital video disc player.

SB621,2 Section 2. 287.07 (5) (a) 5. of the statutes is repealed.

SB621,3 Section 3. 287.07 (5) (a) 6. of the statutes is amended to read:

SB621,4,5 287.07 (5) (a) 6. A video cassette recorder.

SB621,4 Section 4. 287.07 (5) (a) 7. of the statutes is repealed.

SB621,5 Section 5. 287.17 (1) (a) of the statutes is repealed.

SB621,6 Section 6. 287.17 (1) (e) of the statutes is amended to read:

SB621,5,8 287.17 (1) (e) "Consumer computer" means a high-speed data processing device for performing logical, arithmetic, or storage functions that is marketed by the manufacturer for use by households or schools, except that "consumer computer" does not include an automated typewriter or typesetter or other similar device, a portable hand-held calculator or other similar device, or other similar device a device with a built-in video display less than 7 inches in its longest diagonal measurement.

SB621,7 Section 7. 287.17 (1) (eg) 1. c. of the statutes is created to read:

SB621,5,11 287.17 (1) (eg) 1. c. A printer, the primary function of which is 3-dimensional printing.

SB621,8 Section 8. 287.17 (1) (eg) 1. d. of the statutes is created to read:

SB621,5,14 287.17 (1) (eg) 1. d. A printer, the primary function of which is printing photographs.

SB621,9 Section 9. 287.17 (1) (em) of the statutes is amended to read:

SB621,5,20 287.17 (1) (em) "Consumer video display device" means a television or, computer monitor, or other video display device 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 or schools, except that "consumer video display device" does not include any of the following:

SB621,5,23 1. A television or, computer monitor , or video display device 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.

SB621,6,2 2. A television or, computer monitor , or video display device 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.

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

SB621,6,5 287.17 (1) (f) "Covered electronic device" means a consumer video display device, a consumer computer, or a consumer printer , or a video game console.

SB621,11 Section 11. 287.17 (1) (gs) 1., 4m., 5m., 6. and 6m. of the statutes are repealed.

SB621,12 Section 12. 287.17 (1) (gs) 1m. of the statutes is created to read: