Amendment SSA1-SB107

Beginning on May 1, 2010, the substitute amendment also prohibits a retailer from selling a covered electronic device unless the retailer determines that the manufacturer is registered with DNR.

Registration of manufacturers

The substitute amendment requires a manufacturer to register annually with DNR. The registration must include a list of the manufacturer's brands that are sold in this state, contact information, and a certification that the manufacturer complies with the requirements in the substitute amendment. Beginning in 2010, the substitute amendment requires a manufacturer to disclose, when it registers, whether its covered electronic devices comply with European Union limitations on the presence of certain hazardous substances, including lead and mercury, in electronic devices.

The substitute amendment authorizes DNR to revoke the registration of a manufacturer that violates the requirements in the substitute amendment.

Collection and recycling; reporting

The substitute amendment requires a manufacturer of covered electronic devices to collect and recycle or arrange for the collection and recycling of certain electronic devices that were used by individuals. Collecting more electronic devices, by weight, lowers the shortfall fees that a manufacturer is required to pay, as described below. A manufacturer is not limited to collecting electronic devices made by the manufacturer and is not limited to collecting covered electronic devices. The electronic devices that are counted as satisfying a manufacturer's obligation to collect and recycle (eligible electronic devices), in addition to covered electronic devices, include computer peripherals, digital video players, and video recorders used by individuals. Electronic devices used by businesses do not count toward a manufacturer's obligation to collect and recycle.

The substitute amendment requires a manufacturer to make annual reports to DNR of the weight of its covered electronic devices sold to individuals in this state and of the weight of eligible electronic devices collected by or on behalf of the manufacturer.

Fees

The substitute amendment requires a manufacturer to pay an annual registration fee of $5,000, except that the fee for a manufacturer that sells at least 25 but fewer than 100 covered electronic devices in this state in a year is $1,250 and a manufacturer that sells fewer than 25 covered electronic devices is not required to pay a registration fee.

The substitute amendment also provides for shortfall fees. Whether a manufacturer must pay a shortfall fee and the amount of the fee is based on the weight of a manufacturer's covered electronic devices sold and the weight of eligible electronic devices recycled by or on behalf of the manufacturer. Manufacturers are allowed to count eligible electronic devices collected from individuals in rural counties (identified in the substitute amendment) as weighing 1.25 times their actual weight.

If a manufacturer meets its target recycling weight, which is 0.8 times the weight of its covered electronic devices sold in a year, it is not required to pay a shortfall fee. If a manufacturer exceeds its target recycling weight, it receives credits, which it may use to meet its target recycling weight in any of the next three years or which it may sell to other manufacturers for that purpose.

Penalties

A manufacturer may be required to pay a forfeiture (a civil monetary penalty) of not more than $10,000 for each violation of the requirements in the substitute amendment. The maximum forfeiture for a violation by any person other than a manufacturer is $1,000.

Collectors

A collector is an entity that receives eligible electronic devices from individuals and delivers them to recyclers. The substitute amendment requires a collector to register annually with DNR if the collector delivers to a recycler eligible electronic devices that will be recycled on behalf of a manufacturer. The substitute amendment requires a collector to certify annually that it complies with the requirements in the substitute amendment and with applicable health, environmental, safety, and financial responsibility requirements. The substitute amendment also requires a collector to report to DNR annually the total weight of covered electronic devices collected and the names of recyclers to whom the collector delivered covered electronic devices.

Recyclers

A recycler is an entity that accepts eligible electronic devices from individuals and collectors and prepares the devices for use in manufacturing or recovers useable materials from the devices. The substitute amendment requires a recycler to register annually with DNR if it recycles eligible electronic devices on behalf of a manufacturer.

The substitute amendment requires a registered recycler to comply with a number of requirements, including maintaining liability insurance, ensuring that it has funds available to wind up its business and repair any environmental contamination caused by the business, and maintaining records that show the weight of materials that it recovers from eligible electronic devices that are actually recycled and the weight of materials that are disposed of in a landfill or incinerated. The substitute amendment requires a registered recycler to certify annually that it complies with the requirements in the substitute amendment and with applicable requirements under other laws concerning health and safety training for employees and the storage, transportation, processing, and exporting of eligible electronic devices and materials recovered from those devices.

The substitute amendment prohibits a recycler from using prison labor to recycle eligible electronic devices on behalf of a manufacturer.

The substitute amendment requires a recycler to report to DNR twice annually the total weight of eligible electronic devices collected in this state that it receives for recycling on behalf of manufacturers.

Retailers

The substitute amendment requires a retailer to provide information to purchasers describing how eligible electronic devices can be collected and recycled and describing the prohibitions on disposing of electronic devices in landfills, as described below.

Other provisions

Landfill and incineration ban

Current law prohibits various items, including lead acid batteries and major appliances, from being disposed of in landfills and from being incinerated. This substitute amendment prohibits the disposal in landfills and the incineration of televisions, computer monitors, computers, computer peripherals, facsimile machines, digital video players, video recorders, and telephones with video displays. The prohibition takes effect on September 1, 2010. The substitute amendment authorizes DNR to expand the prohibition to other kinds of electronic devices if disposing of the electronic devices in landfills may be harmful to human health or the environment and also authorizes DNR to exempt a kind of electronic device from the prohibition.

Audits

This substitute amendment authorizes DNR to perform or contract for the performance of an audit of the activities of a registered collector or a registered recycler. The substitute amendment requires the collector or recycler to pay a portion of the cost of the audit.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB107-SSA1, s. 1 Section 1. 20.370 (2) (hr) of the statutes is created to read:

SB107-SSA1,4,4 20.370 (2) (hr) Electronic waste recycling. From the recycling and renewable energy fund, all moneys received under s. 287.17 (4) and (10) (j) for administration of the electronic waste recycling program under s. 287.17.

SB107-SSA1, s. 2 Section 2. 25.49 (1m) of the statutes is created to read:

SB107-SSA1,4,6 25.49 (1m) The moneys received under s. 287.17 (4) and (10) (j).

SB107-SSA1, s. 3 Section 3. 287.07 (5) of the statutes is created to read:

SB107-SSA1,5,3 287.07 (5) Electronic devices. (a) Beginning on September 1, 2010, no person may dispose of in a solid waste disposal facility, burn in a solid waste treatment facility, or place in a container the contents of which will be disposed of in a solid waste disposal facility or burned in a solid waste treatment facility, any of the following devices, unless the device is of a kind exempted by a rule promulgated under s. 287.17 (10) (i):

SB107-SSA1,5,4 1. A peripheral, as defined in s. 287.17 (1) (j).

SB107-SSA1,5,5 3. A facsimile machine.

SB107-SSA1,5,6 4. A digital video disc player.

SB107-SSA1,5,8 5. A digital video player that does not use a disc and that is not a camera, as defined in s. 287.17 (1) (a).

SB107-SSA1,5,9 6. A video cassette recorder.

SB107-SSA1,5,11 7. A video recorder that does not use a cassette and that is not a camera, as defined in s. 287.17 (1) (a).

SB107-SSA1,5,12 8. A covered electronic device, as defined in s. 287.17 (1) (f).

SB107-SSA1,5,13 9. A telephone with a video display.

SB107-SSA1,5,15 10. Another kind of electronic device identified by the department under s. 287.17 (10) (i).

SB107-SSA1,5,20 (b) The operator of a solid waste disposal facility or a solid waste treatment facility shall make a reasonable effort to manually separate, and arrange to have recycled, a consumer video display device, as defined in s. 287.17 (1) (em), that is readily observable in solid waste that is delivered to the facility for disposal or burning unless the operator determines that one of the following applies:

SB107-SSA1,5,23 1. Separating the device is not practical or would require the operator to implement measures to protect human health or safety in addition to any measures taken in the ordinary course of business.

SB107-SSA1,5,25 2. The device has been damaged in such a way that recycling is not feasible or practical.

SB107-SSA1, s. 4 Section 4. 287.09 (2) (ar) of the statutes is created to read:

SB107-SSA1,6,4 287.09 (2) (ar) Provide information to persons in its region about the prohibitions under s. 287.07 (5) (a), why it is important to recycle electronic devices, and opportunities available to those persons for recycling electronic devices.

SB107-SSA1, s. 5 Section 5. 287.13 (5) (i) of the statutes is created to read:

SB107-SSA1,6,7 287.13 (5) (i) Solid waste that consists of eligible electronic devices, as defined in s. 287.17 (1) (gs), used by households.

SB107-SSA1, s. 6 Section 6. 287.17 of the statutes is created to read:

SB107-SSA1,6,9 287.17 Electronic waste recycling. (1) Definitions. In this section:

SB107-SSA1,6,11 (a) "Camera" means a device that records images and that is designed to be hand-held.

SB107-SSA1,6,13 (am) "Cathode-ray tube" means a vacuum tube used to convert an electronic signal into a visual image.

SB107-SSA1,6,16 (b) "Collection" means the act of receiving eligible electronic devices from households and delivering, or arranging for the delivery of, the eligible electronic devices to a recycler.

SB107-SSA1,6,19 (c) "Collector" means a person who receives eligible electronic devices from households and delivers, or arranges for the delivery of, the eligible electronic devices to a recycler.

SB107-SSA1,6,22 (d) "Computer monitor" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a consumer computer or the Internet.

SB107-SSA1,7,2 (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, except that "consumer computer" does not include an automated typewriter or typesetter, a portable hand-held calculator or device, or other similar device.

SB107-SSA1,7,4 (eg) 1. "Consumer printer" means, except as provided in subd. 2., one of the following that is marketed by the manufacturer for use by households:

SB107-SSA1,7,5 a. A desktop printer.

SB107-SSA1,7,7 b. A device that prints and has other functions, such as copying, scanning, or sending facsimiles, and that is designed to be placed on a work surface.

SB107-SSA1,7,9 2. "Consumer printer" does not include a calculator with printing capabilities or a label maker.

SB107-SSA1,7,13 (em) "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, except that "consumer video display device" does not include any of the following:

SB107-SSA1,7,16 1. A television or computer monitor 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.

SB107-SSA1,7,19 2. A television or computer monitor 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.

SB107-SSA1,7,21 (f) "Covered electronic device" means a consumer video display device, a consumer computer, or a consumer printer.

SB107-SSA1,7,24 (g) "Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

SB107-SSA1,8,2 (gm) "Electronic device" means a device that requires electric current or electromagnetic fields to function and that contains a circuit board.

SB107-SSA1,8,5 (gs) "Eligible electronic device" means a device that is one of the following and that is used by a household primarily for personal use, unless the device is of a kind exempted by a rule promulgated under s. 287.17 (10) (i):

SB107-SSA1,8,6 1. A consumer computer.

SB107-SSA1,8,7 2. A peripheral.

SB107-SSA1,8,8 3. A facsimile machine.

SB107-SSA1,8,9 4. A digital video disc player.

SB107-SSA1,8,10 4m. A digital video player that does not use a disc and that is not a camera.

SB107-SSA1,8,11 5. A video cassette recorder.

SB107-SSA1,8,12 5m. A video recorder that does not use a cassette and that is not a camera.

SB107-SSA1,8,13 6. A consumer video display device.

SB107-SSA1,8,14 6m. A consumer printer.

SB107-SSA1,8,16 7. Another kind of electronic device identified by the department under sub. (10) (i).

SB107-SSA1,8,18 (h) "Household" means one or more individuals who occupy one dwelling unit in a detached or multiunit building.

SB107-SSA1,8,19 (i) "Manufacturer" means a person who does any of the following:

SB107-SSA1,8,21 1. Manufactures covered electronic devices to be sold under the person's own brand.

SB107-SSA1,8,23 2. Sells covered electronic devices manufactured by others under the person's own brand.

SB107-SSA1,8,25 3. Except as provided in sub. (1m), licenses the person's brand for manufacture and sale of covered electronic devices by others.

SB107-SSA1,9,3 (j) "Peripheral" means a keyboard or any other device, other than a consumer printer, that is sold exclusively for external use with a consumer computer and that provides input into or output from a consumer computer.

SB107-SSA1,9,5 (jm) "Program quarter" means a 3-month period ending on March 31, June 30, September 30, or December 31.

SB107-SSA1,9,6 (k) "Program year" means the period from July 1 to the following June 30.

SB107-SSA1,9,9 (L) "Recycler" means a person who accepts eligible electronic devices from households and collectors for the purpose of recycling. "Recycler" does not include a manufacturer who accepts products exclusively for refurbishing or repair.