2009 Wisconsin Act 50

(c) Review of formula. 1. The department shall annually review all of the following:

a. The number by which the weight of covered electronic devices sold is multiplied under sub. (4) (d) 1. to determine target recycling weight.

b. The estimated cost of recycling under sub. (4) (d) 4.

c. The registration fees under sub. (4) (b).

d. The multiplier for the weight of eligible electronic devices collected from households or schools in rural counties under sub. (4) (f).

2. If the department determines that any of the values under subd. 1. a. to d. 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.

(cm) Report concerning sales information. The department shall evaluate the accuracy of the information provided by manufacturers under sub. (5) (a) in 2010 and whether the weight of each manufacturer's covered electronic devices sold in this state should be based on national sales data obtained from 3rd parties. Before December 1, 2011, the department shall report the results of its evaluation to the legislature under s. 13.172 (2) and to the governor.

(d) Annual report. Before December 1 of each year, beginning in 2012, 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:

1. The total weight of eligible electronic devices recycled.

2. A summary of the information provided by manufacturers and recyclers under subs. (5) and (8).

3. Information concerning the recycling programs used by manufacturers to recycle eligible electronic devices.

4. Information concerning the collection and recycling of eligible electronic devices by persons other than registered manufacturers, registered collectors, and registered recyclers.

5. Information about any disposal of eligible electronic devices in landfills and any burning of eligible electronic devices in solid waste treatment facilities in this state.

6. A description of any actions taken to enforce the requirements of this section.

7. Any recommendations to apply the requirements under sub. (2) to additional kinds of devices.

(e) Report concerning federal legislation. If a federal law relating to the collection and recycling of covered electronic devices sold in the United States is enacted, the department shall prepare a report describing the effect of the federal law and shall submit the report under s. 13.172 (3) to the committee of each house of the legislature with jurisdiction over solid waste policy.

(f) Outreach and communication. 1. The department shall promote public participation in the collection and recycling of eligible electronic devices by and on behalf of manufacturers through education and outreach activities. The department shall facilitate communications between local governments, persons operating solid waste collection and recycling centers, and manufacturers to ensure that manufacturers are aware of eligible electronic devices that are available for recycling.

2. The department shall assist recyclers to identify federal and state requirements concerning the storage, transportation, export, and processing of eligible electronic devices and materials derived from eligible electronic devices. The department shall assist collectors to identify health, environmental, safety, and financial responsibility requirements applicable to collectors.

(g) Cooperation with other states. The department may cooperate with other states to effectuate the program under this section. The department may, with other states, operate a regional system for creating, trading, and selling credits for recycling eligible electronic devices.

(h) Suspension and revocation. The department may revoke the registration of a manufacturer who violates sub. (2) (a), (3), (4), or (5). The department may suspend or revoke the registration of a collector or recycler who violates sub. (7) or (8).

(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 the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date].

(j) Audits. The department may perform or contract for the performance of an audit of the activities of a registered collector or registered recycler. If the department performs or contracts for the performance an audit of a collector or recycler during the first 3 years in which the collector or recycler is registered under sub. (7) or (8) (a), the collector or recycler shall pay 25 percent of the cost of the audit. If the department performs or contracts for the performance of an audit of a collector or recycler after the first 3 years in which the collector or recycler is registered, the collector or recycler shall pay 50 percent of the cost of the audit.

(k) Modification of registration fee. The department may modify the registration fee under sub. (4) (b) 1. by rule. The department may not promulgate a rule under this paragraph that takes effect before the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date].

(11) Penalties. (a) Manufacturer. Any manufacturer who violates this section may be required to forfeit not more than $10,000 for each violation.

(b) Others. Any person, other than a manufacturer, who violates this section may be required to forfeit not more than $1,000 for each violation.

50,7 Section 7. 287.91 (2) of the statutes is amended to read:

287.91 (2) Notwithstanding sub. (1) and s. 287.95 (3) (a), the attorney general may enforce s. 287.07 (3) and , (4), and (5) by seeking injunctive relief against any person violating those provisions.

50,8 Section 8. 287.95 (1) of the statutes is amended to read:

287.95 (1) Any person who violates s. 287.07 (1m) or (5) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.

50,9 Section 9. 287.97 of the statutes is amended to read:

287.97 Penalties. Any person who violates this chapter, except s. 287.07, 287.08, 287.17, or 287.81, or any rule promulgated under this chapter, except under s. 287.07, 287.08 or 287.81, may be required to forfeit not less than $10 nor more than $1,000 for each violation.

50,10 Section 10 . Nonstatutory provisions.

(1) Permanent position authorization. The authorized FTE positions for the department of natural resources are increased by 1.0 SEG position, to be funded from the appropriation under section 20.370 (2) (hr) of the statutes, as created by this act, to administer the electronic waste recycling program.

(2) Project position authorization.

(a) The authorized FTE positions for the department of natural resources are increased by 1.0 SEG 2-year project position, to be funded from the appropriation under section 20.370 (2) (hq) of the statutes, for start up of the electronic waste recycling program.

(b) The authorized FTE positions for the department of natural resources are increased by 1.0 SEG 2-year project position, to be funded from the appropriation under section 20.370 (2) (hr) of the statutes, as created by this act, for start up of the electronic waste recycling program.

(2m) Report on electronic waste generated in schools. The department of natural resources shall study methods to ensure the proper recycling and disposal of electronic waste generated in schools. The department shall report the results of the study, including its recommendations, to the standing committees of each house of the legislature with jurisdiction over environmental matters no later than the first day of the 13th month beginning after the effective date of this subsection.

50,11 Section 11 . Fiscal changes.

(1) Funding for positions and administration. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (2) (hq) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $170,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect for administration of the electronic waste recycling program and to increase the authorized FTE positions for the department by 1.0 SEG position for administration of the electronic waste recycling programs, and to fund the 1.0 FTE SEG project position authorized under Section 10 (2) (a ) of this act. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (2) (hq) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $160,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect for administration of the electronic waste recycling program and to provide continued funding for the positions authorized under this act.

50,12 Section 12. Effective dates. This act takes effect on the day after publication, except as follows:

(1) Section 11 (1 ) takes effect on the day after publication or the 2nd day after publication of the 2009-11 biennial budget act, whichever is later.