SB248: Bill Text

SB248,2,2 An Act to renumber and amend 287.17 (1) (k) and 287.17 (1) (np); to amend 287.13 (5) (i), 287.17 (1) (b), 287.17 (1) (c), 287.17 (1) (e), 287.17 (1) (eg) 1. (intro.), 287.17 (1) (eg) 1. b., 287.17 (1) (eg) 2., 287.17 (1) (em) (intro.), 287.17 (1) (gs) (intro.), 287.17 (1) (L), 287.17 (1) (m), 287.17 (1) (n), 287.17 (2) (a) (intro.), 287.17 (2) (a) 4., 287.17 (2) (c) 1., 287.17 (2) (c) 2., 287.17 (3) (a) (intro.), 287.17 (3) (b) (intro.), 287.17 (3) (e), 287.17 (4) (b) 1., 287.17 (4) (b) 2., 287.17 (4) (b) 3., 287.17 (4) (bm), 287.17 (4) (d) (intro.), 287.17 (4) (d) 1., 287.17 (4) (f) 1., 287.17 (4) (f) 2., 287.17 (5) (a) 1. (intro.), 287.17 (5) (a) 1. a., 287.17 (5) (a) 1. b., 287.17 (5) (a) 1. c., 287.17 (5) (a) 3., 287.17 (5) (b), 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) (b) 1., 287.17 (8) (b) 2. (intro.), 287.17 (9), 287.17 (9m), 287.17 (10) (a), 287.17 (10) (c) 1. d., 287.17 (10) (d) (intro.), 287.17 (10) (j) and 287.17 (10) (k); and to create 287.17 (1) (k) 1., 287.17 (1) (k) 2., 287.17 (1) (k) 3., 287.17 (1) (pg), 287.17 (4) (b) (intro.), 287.17 (4) (be), 287.17 (5) (a) 1m. and 287.17 (10) (fm) 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 the electronic waste recycling program, known as “E-Cycle Wisconsin," which is administered by the Department of Natural Resources.

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

The bill expands the definition of a covered school, for purposes of the program, to include all public elementary or secondary schools, including charter schools; all private elementary or secondary schools; and all tribal schools. The bill also narrows the types of consumer printers that are covered under the program.

Under current law, a manufacturer in the program must ordinarily pay a registration fee with its annual registration, based on the number of electronics it sold in the state during the previous year. The 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 electronics in this state during the previous program year, and $1,250 if it sold at least 250 but fewer than 500 electronics. There is no registration fee if the manufacturer sold fewer than 250 electronics during the previous program year.

Also 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 electronics recycled by or on behalf of the manufacturer each year, to also report the weight of electronics collected from rural counties separately from electronics collected from urban counties.

The bill also requires DNR to create a program to provide grants to expand electronics recycling and recovery programs in underserved areas of the state. Grants may be provided to local units of government, businesses, and nonprofit entities, including religious nonprofits, for hosting a collection site or collection event. The bill requires a grant recipient to provide matching funds equal to at least 20 percent of the cost of the project for which the grant is provided. The bill directs DNR to prioritize grants for projects that will take place in counties that do not have permanent electronics recycling collection sites.

Finally, 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 July 1, 2022, to December 31, 2023. 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:

SB248,1 Section 1. 287.13 (5) (i) of the statutes is amended to read:

SB248,3,3 287.13 (5) (i) Solid waste that consists of eligible electronic devices, as defined in s. 287.17 (1) (gs), used by households or covered schools.

SB248,2 Section 2. 287.17 (1) (b) of the statutes is amended to read:

SB248,3,7 287.17 (1) (b) “Collection" means the act of receiving eligible electronic devices from households or covered schools and delivering, or arranging for the delivery of, the eligible electronic devices to a recycler.

SB248,3 Section 3. 287.17 (1) (c) of the statutes is amended to read:

SB248,3,11 287.17 (1) (c) “Collector" means a person who receives eligible electronic devices from households or covered schools and delivers, or arranges for the delivery of, the eligible electronic devices to a recycler.

SB248,4 Section 4. 287.17 (1) (e) of the statutes is amended to read:

SB248,3,17 287.17 (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 covered schools, except that “consumer computer" does not include an automated typewriter or typesetter, a portable hand-held calculator or device, or other similar device.

SB248,5 Section 5. 287.17 (1) (eg) 1. (intro.) of the statutes is amended to read:

SB248,4,3 287.17 (1) (eg) 1. (intro.) “Consumer printer" means, except as provided in subd. 2., one of the following that is marketed by the manufacturer for use by households or covered schools:

SB248,6 Section 6 . 287.17 (1) (eg) 1. b. of the statutes is amended to read:

SB248,4,7 287.17 (1) (eg) 1. b. A device listed under par. (gs) 1. to 6. or 7. that prints and has other functions, such as copying, scanning, or sending facsimiles, and that is designed to be placed on a desk or other work surface.

SB248,7 Section 7 . 287.17 (1) (eg) 2. of the statutes is amended to read:

SB248,4,12 287.17 (1) (eg) 2. “Consumer printer" does not include a calculator with printing capabilities or a , label maker, or other similar household printing device; a floor-standing printer; an automated teller machine, as defined in s. 134.85 (1) (a); or a point-of-sale receipt printer.

SB248,8 Section 8. 287.17 (1) (em) (intro.) of the statutes is amended to read:

SB248,4,18 287.17 (1) (em) (intro.) “Consumer video display device" means a television or computer monitor 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 covered schools, except that “consumer video display device" does not include any of the following:

SB248,9 Section 9. 287.17 (1) (gs) (intro.) of the statutes is amended to read:

SB248,4,23 287.17 (1) (gs) (intro.) “Eligible electronic device" means a device that is one of the following and that is used by a household primarily for personal use or by a covered school, unless the device is of a kind exempted by a rule promulgated under s. 287.17 (10) (i):

SB248,10 Section 10 . 287.17 (1) (k) of the statutes is renumbered 287.17 (1) (k) (intro.) and amended to read:

SB248,5,2 287.17 (1) (k) (intro.) “Program year" means the period from July 1 to the following June 30. one of the following:

SB248,11 Section 11 . 287.17 (1) (k) 1. of the statutes is created to read:

SB248,5,5 287.17 (1) (k) 1. For any period before the beginning of the transition year, a period that runs from July 1 to the following June 30.

SB248,12 Section 12 . 287.17 (1) (k) 2. of the statutes is created to read:

SB248,5,7 287.17 (1) (k) 2. The transition year.

SB248,13 Section 13 . 287.17 (1) (k) 3. of the statutes is created to read:

SB248,5,10 287.17 (1) (k) 3. For any period after the end of the transition year, a period that runs from January 1 to the following December 31.

SB248,14 Section 14. 287.17 (1) (L) of the statutes is amended to read:

SB248,5,15 287.17 (1) (L) “Recycler" means a person who accepts eligible electronic devices from households, covered schools, or collectors for the purpose of recycling. “Recycler" does not include a manufacturer who accepts products exclusively for refurbishing or repair.

SB248,15 Section 15. 287.17 (1) (m) of the statutes is amended to read:

SB248,5,22 287.17 (1) (m) “Recycling" means preparing eligible electronic devices for use in manufacturing processes or for recovery of usable materials and delivering the materials for use. “Recycling" does not include destruction by incineration or other processes or land disposal of recyclable materials and does not include reuse, repair, or any other process through which eligible electronic devices are returned for use by households or covered schools in their original form.

SB248,16 Section 16. 287.17 (1) (n) of the statutes is amended to read:

SB248,6,3 287.17 (1) (n) “Retailer" means a person who sells a covered electronic device to a household or covered school in this state, in person or by mail, telephone, or the Internet, for use by the household or covered school.

SB248,17 Section 17. 287.17 (1) (np) of the statutes is renumbered 287.17 (1) (fm) and amended to read:

SB248,6,10 287.17 (1) (fm) “School” “Covered 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).

SB248,18 Section 18 . 287.17 (1) (pg) of the statutes is created to read:

SB248,6,13 287.17 (1) (pg) “Transition year" means the 18-month period from July 1, 2022, to December 31, 2023.

SB248,19 Section 19. 287.17 (2) (a) (intro.) of the statutes is amended to read:

SB248,6,18 287.17 (2) (a) Manufacturers. (intro.) Beginning on February 1, 2010, a manufacturer may not sell to a household or covered school, offer to sell to a household or covered school, or deliver to a retailer for subsequent sale to a household or covered school a new covered electronic device unless all of the following apply:

SB248,20 Section 20. 287.17 (2) (a) 4. of the statutes is amended to read:

SB248,6,22 287.17 (2) (a) 4. The manufacturer recycles or arranges for the recycling, by a registered recycler, of eligible electronic devices used by households or covered schools in this state.

SB248,21 Section 21. 287.17 (2) (c) 1. of the statutes is amended to read:

SB248,7,3 287.17 (2) (c) 1. Beginning on July 1, 2010, a retailer may not sell or offer for sale to a household or covered 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).

SB248,22 Section 22. 287.17 (2) (c) 2. of the statutes is amended to read:

SB248,7,9 287.17 (2) (c) 2. If a manufacturer's registration is revoked or expired and the retailer took possession of a covered electronic device of the manufacturer before the registration was revoked or expired, the retailer may sell the covered electronic device to a household or covered school, but only if the sale takes place fewer than 180 days after the revocation or expiration.

SB248,23 Section 23 . 287.17 (3) (a) (intro.) of the statutes is amended to read:

SB248,7,14 287.17 (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:

SB248,24 Section 24 . 287.17 (3) (b) (intro.) of the statutes is amended to read:

SB248,7,18 287.17 (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:

SB248,25 Section 25 . 287.17 (3) (e) of the statutes is amended to read:

SB248,7,22 287.17 (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.

SB248,26 Section 26 . 287.17 (4) (b) (intro.) of the statutes is created to read:

SB248,7,25 287.17 (4) (b) (intro.) In each program year other than the program year immediately following the transition year:

SB248,27 Section 27. 287.17 (4) (b) 1. of the statutes is amended to read:

SB248,8,4 287.17 (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).

SB248,28 Section 28 . 287.17 (4) (b) 2. of the statutes is amended to read:

SB248,8,9 287.17 (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, except as provided under sub. (10) (k).

SB248,29 Section 29 . 287.17 (4) (b) 3. of the statutes is amended to read:

SB248,8,13 287.17 (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.

SB248,30 Section 30 . 287.17 (4) (be) of the statutes is created to read:

SB248,8,16 287.17 (4) (be) Registration fees immediately following the transition year. In the program year immediately following the transition year:

SB248,8,19 1. If 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).

SB248,8,22 2. If 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, except as provided in sub. (10) (k).

SB248,8,25 3. If 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.

SB248,31 Section 31. 287.17 (4) (bm) of the statutes is amended to read:

SB248,9,7 287.17 (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 shortfall fees until its covered electronic devices have been sold or offered for sale to households or covered schools in this state for 3 full program years and except as provided under par. (g).

SB248,32 Section 32 . 287.17 (4) (d) (intro.) of the statutes is amended to read:

SB248,9,10 287.17 (4) (d) Annual shortfall fee after 2010. (intro.) The annual shortfall fee to be paid by a manufacturer in a program year after 2010 is calculated as follows:

SB248,33 Section 33. 287.17 (4) (d) 1. of the statutes is amended to read:

SB248,9,16 287.17 (4) (d) 1. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's covered electronic devices sold to households or covered schools in this state during the program year that began 36 months 3 program years before the beginning of the program year in which the calculation is made, as reported under sub. (5) (a), by 0.8.

SB248,34 Section 34. 287.17 (4) (f) 1. of the statutes is amended to read:

SB248,9,25 287.17 (4) (f) 1. The weight of eligible electronic devices recycled by or on behalf of a manufacturer for a program year is the weight reported under sub. (5) (b) for that program year, except that if the manufacturer reports separately the weight of eligible electronic devices used by households or covered schools in rural counties and used by households or covered schools in urban counties for a program year, the weight is determined by adding the weight used by households or covered schools in urban counties in that program year and 1.25 times the weight used by households or covered schools in rural counties in that program year.

SB248,35 Section 35. 287.17 (4) (f) 2. of the statutes is amended to read:

SB248,10,9 287.17 (4) (f) 2. The weight of eligible electronic devices recycled by or on behalf of a manufacturer for the last 2 program quarters of program year 2009-10 is the weight reported under sub. (5) (b) for that period, except that if the manufacturer reports separately the weight of eligible electronic devices used by households or covered schools in rural counties and used by households or covered schools in urban counties for that period, the weight is determined by adding the weight used by households or covered schools in urban counties in that period and 1.25 times the weight used by households or covered schools in rural counties in that period.

SB248,36 Section 36 . 287.17 (5) (a) 1. (intro.) of the statutes is amended to read:

SB248,10,13 287.17 (5) (a) 1. (intro.) Except as provided in subd. 3. and subject to subd. 1m., with each registration that it submits under sub. (3), a manufacturer shall report one of the following to the department: