AB877,13,16 12(8) Labeling. Beginning on the first day of the 12th month beginning after the
13date on which a producer's plan is approved under sub. (4), no person may sell the
14producer's covered electronic equipment in this state unless the equipment is labeled
15with the following information or is accompanied by written material to be provided
16to the user of the equipment that contains the following information:
AB877,13,1917 (a) A description of which of the substances under sub. (15) (a) 1. to 8. are
18contained in the covered electronic equipment and of the parts that contain those
19substances.
AB877,13,2020 (b) A description of the prohibitions in s. 287.07 (5).
AB877,13,2321 (c) A toll-free telephone number or the address of an Internet site that users
22of covered electronic equipment can use to obtain information and instructions about
23discarding the covered electronic equipment through the producer's program.
AB877,14,3
1(9) Consumer education. A producer shall include in a plan submitted under
2sub. (3) provisions for educational activities that are designed to ensure that users
3of covered electronic equipment understand all of the following:
AB877,14,44 (a) The prohibitions in s. 287.07 (5).
AB877,14,75 (b) The potential effects on human health and the environment of the
6substances listed in sub. (15) (a) 1. to 8. and the dangers of improper disposal of
7covered electronic equipment.
AB877,14,98 (c) The available options for discarding covered electronic equipment,
9including those under the producer's program.
AB877,14,1110 (d) The role of users of covered electronic equipment in achieving the reuse,
11recycling, and other proper disposal of covered electronic equipment.
AB877,14,19 12(10) Information for recyclers. A producer shall include in a plan submitted
13under sub. (3) provisions for providing, to persons who recycle or disassemble the
14producer's covered electronic waste, information that is needed to ensure that the
15recycling or disassembly is conducted in a manner that protects worker health and
16safety and that is environmentally sound. In the plan, a producer shall commit itself
17to providing, to persons who recycle or disassemble the producer's covered electronic
18waste, the information required by this subsection for a new model of covered
19electronic equipment immediately upon the introduction of the new model.
AB877,15,2 20(11) Review of program. (a) Within 12 months of approval of its plan and
21annually thereafter, a producer shall submit a report that demonstrates whether the
22producer's program is consistent with the approved plan and, for reports submitted
23after the performance requirements under sub. (7) (a) and (b) apply, whether the
24producer has achieved the performance requirements. In its report, a producer shall

1provide documentation to show whether its program has resulted in the export of
2covered electronic waste that is inconsistent with sub. (3) (a) 10.
AB877,15,83 (b) The department shall review each report under par. (a) within 6 months of
4its submission. Within 3 months after completing its review, the department shall
5notify a producer of any deficiency in its program. If a producer fails to remedy any
6deficiencies in its program by a deadline set by the department, the department shall
7notify the producer that its program is disapproved and no person may sell the
8producer's covered electronic equipment in this state.
AB877,15,199 (c) 1. No later than 20 months after the approval of a producer's plan under sub.
10(4), the producer shall submit to the department a proposal for the design and
11implementation of independent polling of awareness of the producer's program
12among residents of this state. A group of producers may satisfy the requirement in
13this subdivision through a joint submission. The department shall notify a producer
14of any deficiencies in the producer's proposal. If the department determines that an
15original or modified proposal will accurately measure awareness of the producer's
16program, the department shall approve the proposal. If a producer fails to remedy
17any deficiencies in the producer's proposal by a deadline set by the department, the
18department shall disapprove the proposal and no person may sell the producer's
19covered electronic equipment in this state.
AB877,15,2220 2. A producer shall conduct the polling provided for in its proposal approved
21under subd. 1. No later than 4 months after approval of the proposal, the producer
22shall report the results of the polling to the department.
AB877,15,2523 (d) A producer shall make a report submitted under par. (a) available to the
24public on the Internet for 3 years after it submits the report and shall allow the
25department to place a link to the report on the department's Internet site.
AB877,16,6
1(12) Additional covered electronic equipment. The department may
2promulgate rules specifying kinds of electronic equipment, the disposal of which may
3be harmful to human health or the environment, in addition to the kinds of electronic
4equipment in sub. (1) (a) 1. to 5., that are considered to be covered electronic
5equipment. The department shall specify all of the following in a rule promulgated
6under this subsection:
AB877,16,107 (a) A date, at least 6 months after the rule is promulgated, by which a producer
8of the kind of electronic equipment must submit to the department a plan under sub.
9(3) for the kind of electronic equipment or proposed modifications to add the kind of
10electronic equipment to a plan previously approved under sub. (4).
AB877,16,1311 (b) A date, at least 6 months after the rule is promulgated, by which a producer
12of the kind of electronic equipment must file with the department proof of financial
13responsibility under sub. (6) if the producer has not previously filed that proof.
AB877,16,1614 (c) A date, at least 12 months after the rule is promulgated, by which a producer
15of the kind of electronic equipment must implement the program for the kind of
16electronic equipment.
AB877,16,23 17(13) Waiver. A producer may apply to the department for a waiver from the
18requirements of subs. (3) to (11) if the dollar amount of annual sales in this state of
19the producer's covered electronic equipment is less than 0.1 percent of the dollar
20amount of annual sales in this state of all covered electronic equipment. The
21department may impose conditions on a waiver under this subsection. No person
22may sell in this state a producer's electronic equipment if the producer violates
23conditions imposed on a waiver under this subsection.
AB877,17,3 24(14) Fees. (a) The department shall promulgate rules specifying fees to be paid
25by producers when they submit plans under sub. (3) and periodic fees to be paid by

1producers with approved plans. The department shall base a producer's fees on the
2amount of the producer's covered electronic equipment sold in this state and shall
3design the fees to cover the costs of administering this section and s. 287.07 (5).
AB877,17,54 (b) The department may promulgate a rule specifying fees for granting waivers
5under sub. (13).
AB877,17,10 6(15) Restrictions on hazardous substances in electronic equipment. (a)
7Except as provided in par. (b), beginning on the first day of the 60th month beginning
8after the effective date under sub. (2) or, for a substance specified under subd. 8.,
9beginning on the date specified under par. (c), no person may sell covered electronic
10equipment in this state that contains any of the following:
AB877,17,1111 1. Lead.
AB877,17,1212 2. Mercury.
AB877,17,1313 3. Cadmium.
AB877,17,1414 4. Beryllium.
AB877,17,1515 5. Hexavalent chromium.
AB877,17,1616 6. Brominated flame retardants.
AB877,17,1717 7. Polyvinyl chloride.
AB877,17,1818 8. Any other substance specified by the department under par. (c).
AB877,17,2519 (b) The department may grant a limited term exemption from the prohibition
20under par. (a) with respect to a substance if a producer demonstrates to the
21department that it is technically impossible to substitute a less harmful alternative
22for the substance. The department shall limit the length of an exemption to ensure
23that producers have an incentive to identify a less harmful alternative. The
24department may rescind an exemption when the department determines that it is
25possible to substitute a less harmful alternative for the substance.
AB877,18,6
1(c) The department may promulgate rules specifying substances that are
2harmful to human health or the environment, in addition to the substances in par.
3(a) 1. to 7., that may not be contained in covered electronic equipment sold in this
4state. In a rule promulgated under this subsection, the department shall specify a
5date, at least 6 months after the rule is promulgated, after which covered electronic
6equipment containing the substance may not be sold in this state.
AB877,18,9 7(16) Penalties. Any producer that violates this section may be required to
8forfeit not more than $10,000 for each violation. Any person other than a producer
9that violates this section is not subject to a penalty.
AB877, s. 8 10Section 8. 287.97 of the statutes is amended to read:
AB877,18,14 11287.97 Penalties. Any person who violates this chapter, except s. 287.07,
12287.08, 287.17, or 287.81, or any rule promulgated under this chapter, except under
13s. 287.07, 287.08, 287.17, or 287.81, may be required to forfeit not less than $10 nor
14more than $1,000 for each violation.
AB877,18,1515 (End)
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