LRB-1605/1
MCP:wlj&amn
2015 - 2016 LEGISLATURE
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
1An Act to repeal 287.07 (5) (a) 5., 287.07 (5) (a) 7., 287.17 (1) (a), 287.17 (1) (gs)
21., 4m., 5m., 6. and 6m., 287.17 (4) (d) 1., 2., 3. and 4. (intro.), 287.17 (4) (dm),
3287.17 (4) (f), 287.17 (10) (c) 1. d. and 287.17 (10) (cm);
to renumber and
4amend 287.17 (1) (k), 287.17 (4) (d) (intro.) (except 287.17 (4) (d) (title)), 287.17
5(4) (d) 4. a., b. and c., 287.17 (4) (e), 287.17 (8) (b) 1. and 287.17 (8) (b) 2.;
to
6amend 287.07 (5) (a) 4., 287.07 (5) (a) 6., 287.17 (1) (e), 287.17 (1) (em), 287.17
7(1) (f), 287.17 (1) (gs) 4., 287.17 (1) (gs) 5., 287.17 (1) (j), 287.17 (1) (np), 287.17
8(2) (a) (intro.), 287.17 (2) (c) 1., 287.17 (3) (a) (intro.), 287.17 (3) (b) (intro.),
9287.17 (3) (c), 287.17 (3) (e), 287.17 (4) (title), 287.17 (4) (b) 1., 287.17 (4) (b) 2.,
10287.17 (4) (b) 3., 287.17 (4) (bm), 287.17 (4) (d) (title), 287.17 (4) (g) 1., 287.17
11(4) (g) 2., 287.17 (5) (a) 1. a., 287.17 (5) (a) 1. b., 287.17 (5) (a) 1. c., 287.17 (5)
12(b), 287.17 (5) (c) (intro.), 287.17 (5) (c) 3., 287.17 (5) (c) 4., 287.17 (7) (a) 1.
13(intro.), 287.17 (7) (a) 2., 287.17 (7) (b), 287.17 (8) (a) 1. (intro.), 287.17 (8) (a)
142., 287.17 (8) (c) 4., 287.17 (8) (e), 287.17 (9), 287.17 (9m), 287.17 (10) (c) 1. a.,
1287.17 (10) (c) 1. b., 287.17 (10) (c) 2., 287.17 (10) (d) (intro.), 287.17 (10) (i),
2287.17 (10) (j) and 287.17 (10) (k); and
to create 287.17 (1) (eg) 1. c., 287.17 (1)
3(eg) 1. d., 287.17 (1) (gs) 1m., 287.17 (1) (k) 1., 287.17 (1) (k) 2., 287.17 (1) (k) 3.,
4287.17 (1) (pg), 287.17 (1) (q), 287.17 (3m) (title) and (a), 287.17 (3m) (b), 287.17
5(3m) (c), 287.17 (3m) (cm), 287.17 (3m) (d) 1m., 287.17 (3m) (d) 1r., 287.17 (3m)
6(d) 2., 287.17 (3m) (e), 287.17 (4) (b) (intro.), 287.17 (4) (be), 287.17 (4) (d) 1r.,
7287.17 (4) (d) 2m., 287.17 (4) (g) 1m., 287.17 (4) (g) 3., 287.17 (5) (a) 1. d., 287.17
8(8) (b) 1m., 2m., 3m., 4. and 5., 287.17 (10) (L) and 287.17 (10) (m) of the statutes;
9relating to: changes to the electronic waste recycling program and granting
10rule-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
1Section
1. 287.07 (5) (a) 4. of the statutes is amended to read:
SB621,4,22
287.07
(5) (a) 4. A
digital video
disc player.
SB621,2
3Section
2. 287.07 (5) (a) 5. of the statutes is repealed.
SB621,3
4Section
3. 287.07 (5) (a) 6. of the statutes is amended to read:
SB621,4,55
287.07
(5) (a) 6. A video
cassette recorder.
SB621,4
6Section
4. 287.07 (5) (a) 7. of the statutes is repealed.
SB621,5
1Section
5. 287.17 (1) (a) of the statutes is repealed.
SB621,6
2Section
6. 287.17 (1) (e) of the statutes is amended to read:
SB621,5,83
287.17
(1) (e) "Consumer computer" means a high-speed data processing
4device for performing logical, arithmetic, or storage functions that is marketed by the
5manufacturer for use by households or schools, except that "consumer computer"
6does not include an automated typewriter or typesetter
or other similar device, a
7portable hand-held calculator or
other similar device, or
other similar device a device
8with a built-in video display less than 7 inches in its longest diagonal measurement.
SB621,7
9Section
7. 287.17 (1) (eg) 1. c. of the statutes is created to read:
SB621,5,1110
287.17
(1) (eg) 1. c. A printer, the primary function of which is 3-dimensional
11printing.
SB621,8
12Section
8. 287.17 (1) (eg) 1. d. of the statutes is created to read:
SB621,5,1413
287.17
(1) (eg) 1. d. A printer, the primary function of which is printing
14photographs.
SB621,9
15Section
9. 287.17 (1) (em) of the statutes is amended to read:
SB621,5,2016
287.17
(1) (em) "Consumer video display device" means a television
or, 17computer monitor
, or other video display device with a tube or screen that is at least
187 inches in its longest diagonal measurement and that is marketed by the
19manufacturer for use by households or schools, except that "consumer video display
20device" does not include any of the following:
SB621,5,2321
1. A television
or, computer monitor
, or video display device that is part of a
22motor vehicle and that is incorporated into the motor vehicle by, or for, a motor
23vehicle manufacturer or a franchised motor vehicle dealer.
SB621,6,224
2. A television
or, computer monitor
, or video display device that is contained
25within a clothes washer, clothes dryer, refrigerator, freezer, microwave oven,
1conventional oven or stove, dishwasher, room air conditioner, dehumidifier, or air
2purifier.
SB621,10
3Section
10. 287.17 (1) (f) of the statutes is amended to read:
SB621,6,54
287.17
(1) (f) "Covered electronic device" means a consumer video display
5device, a consumer computer,
or a consumer printer
, or a video game console.
SB621,11
6Section
11. 287.17 (1) (gs) 1., 4m., 5m., 6. and 6m. of the statutes are repealed.
SB621,12
7Section
12. 287.17 (1) (gs) 1m. of the statutes is created to read:
SB621,6,88
287.17
(1) (gs) 1m. A covered electronic device.