SB367: Bill Text

SB367,15,2 (8) Labeling. Beginning on the first day of the 12th month beginning after the date on which a producer's plan is approved under sub. (4), no person may sell the producer's covered electronic equipment in this state unless the equipment is labeled with the following information or is accompanied by written material to be provided to the user of the equipment that contains the following information:

SB367,15,5 (a) A description of which of the substances under sub. (15) (a) 1. to 8. are contained in the covered electronic equipment and of the parts that contain those substances.

SB367,15,6 (b) A description of the prohibitions in s. 287.07 (5).

SB367,15,9 (c) A toll-free telephone number or the address of an Internet site that users of covered electronic equipment can use to obtain information and instructions about discarding the covered electronic equipment through the producer's program.

SB367,15,12 (9) Consumer education. A producer shall include in a plan submitted under sub. (3) provisions for educational activities that are designed to ensure that users of covered electronic equipment understand all of the following:

SB367,15,13 (a) The prohibitions in s. 287.07 (5).

SB367,15,16 (b) The potential effects on human health and the environment of the substances listed in sub. (15) (a) 1. to 8. and the dangers of improper disposal of covered electronic equipment.

SB367,15,18 (c) The available options for discarding covered electronic equipment, including those under the producer's program.

SB367,15,20 (d) The role of users of covered electronic equipment in achieving the reuse, recycling, and other proper disposal of covered electronic equipment.

SB367,16,3 (10) Information for recyclers. A producer shall include in a plan submitted under sub. (3) provisions for providing, to persons who recycle or disassemble the producer's covered electronic waste, information that is needed to ensure that the recycling or disassembly is conducted in a manner that protects worker health and safety and that is environmentally sound. In the plan, a producer shall commit itself to providing, to persons who recycle or disassemble the producer's covered electronic waste, the information required by this subsection for a new model of covered electronic equipment immediately upon the introduction of the new model.

SB367,16,10 (11) Review of program. (a) Within 12 months of approval of its plan and annually thereafter, a producer shall submit a report that demonstrates whether the producer's program is consistent with the approved plan and, for reports submitted after the performance requirements under sub. (7) (a) and (b) apply, whether the producer has achieved the performance requirements. In its report, a producer shall provide documentation to show whether its program has resulted in the export of covered electronic waste that is inconsistent with sub. (3) (a) 10.

SB367,16,15 (b) The department shall review each report under par. (a) within 6 months of its submission. Within 3 months after completing its review, the department shall notify a producer of any deficiency in its program. If a producer fails to remedy any deficiencies in its program by a deadline set by the department, all of the following apply:

SB367,16,16 1. The department shall notify the producer that its program is disapproved.

SB367,16,21 2. No person may sell the producer's covered electronic equipment in this state until the department determines that the producer has remedied the deficiencies in its program, the producer pays a fee in the amount specified under sub. (14) for submitting an original plan, and, for a 2nd or subsequent failure, the producer complies with any requirements specified under sub. (16) (b).

SB367,17,9 (c) 1. No later than 20 months after the approval of a producer's plan under sub. (4), the producer shall submit to the department a proposal for the design and implementation of independent polling of awareness of the producer's program among residents of this state. A group of producers may satisfy the requirement in this subdivision through a joint submission. The department shall notify a producer of any deficiencies in the producer's proposal. If the department determines that an original or modified proposal will accurately measure awareness of the producer's program, the department shall approve the proposal. If a producer fails to remedy any deficiencies in the producer's proposal by a deadline set by the department, the department shall disapprove the proposal and no person may sell the producer's covered electronic equipment in this state until the department determines that the producer has remedied the deficiencies in its proposal and the producer pays a fee in the amount specified under sub. (14) for submitting an original plan.

SB367,17,12 2. A producer shall conduct the polling provided for in its proposal approved under subd. 1. No later than 4 months after approval of the proposal, the producer shall report the results of the polling to the department.

SB367,17,15 (d) A producer shall make a report submitted under par. (a) available to the public on the Internet for 3 years after it submits the report and shall allow the department to place a link to the report on the department's Internet site.

SB367,17,21 (12) Additional covered electronic equipment. If the department determines that the disposal of a kind of electronic equipment that is not listed in sub. (1) (a) 1. to 5. may be harmful to human health or the environment, the department may promulgate a rule specifying that the kind of electronic equipment is covered electronic equipment. The department shall specify all of the following in a rule promulgated under this subsection:

SB367,17,25 (a) A date, at least 6 months after the rule is promulgated, by which a producer of the kind of electronic equipment must submit to the department a plan under sub. (3) for the kind of electronic equipment or proposed modifications to add the kind of electronic equipment to a plan previously approved under sub. (4).

SB367,18,3 (b) A date, at least 6 months after the rule is promulgated, by which a producer of the kind of electronic equipment must file with the department proof of financial responsibility under sub. (6) if the producer has not previously filed that proof.

SB367,18,6 (c) A date, at least 12 months after the rule is promulgated, by which a producer of the kind of electronic equipment must implement the program for the kind of electronic equipment.

SB367,18,15 (13) Waiver. A producer may apply to the department for a waiver from the requirements of subs. (3) to (11) if the dollar amount of annual sales in this state of the producer's covered electronic equipment is less than 0.1 percent of the dollar amount of annual sales in this state of all covered electronic equipment. The department may impose conditions on a waiver under this subsection. No person may sell in this state a producer's electronic equipment if the producer violates conditions imposed on a waiver under this subsection until the department determines that the producer has ceased violating the conditions and the producer pays a fee in the amount specified under sub. (14) for submitting an original plan.

SB367,18,17 (14) Fees. (a) The department shall promulgate rules specifying fees to be paid by producers when they submit plans under sub. (3).

SB367,18,21 (b) 1. A producer shall include in a plan submitted under sub. (3) provisions for the collection and payment to the department of a partial electronics recycling fee in the amount specified in subd. 2. for each piece of the producer's covered electronic equipment sold at retail in this state.

SB367,18,22 2. a. The partial electronics recycling fee is $1 before January 1, 2013.

SB367,18,24 b. Beginning on January 1, 2013, and ending on December 31, 2017, the partial electronics recycling fee is 60 cents.

SB367,19,2 c. Beginning on January 1, 2018, the partial electronics recycling fee is 20 cents.

SB367,19,4 (c) The department may promulgate a rule specifying fees for granting waivers under sub. (13).

SB367,19,9 (15) Restrictions on hazardous substances in electronic equipment. (a) Except as provided in par. (b), beginning on the first day of the 60th month beginning after the effective date under sub. (2) or, for a substance specified under subd. 8., beginning on the date specified under par. (c), no person may sell covered electronic equipment in this state that contains any of the following:

SB367,19,10 1. Lead.

SB367,19,11 2. Mercury.

SB367,19,12 3. Cadmium.

SB367,19,13 4. Beryllium.

SB367,19,14 5. Hexavalent chromium.

SB367,19,15 6. Brominated flame retardants.

SB367,19,16 7. Polyvinyl chloride.

SB367,19,17 8. Any other substance specified by the department under par. (c).

SB367,19,24 (b) The department may grant a limited term exemption from the prohibition under par. (a) with respect to a substance if a producer demonstrates to the department that it is technically impossible to substitute a less harmful alternative for the substance. The department shall limit the length of an exemption to ensure that producers have an incentive to identify a less harmful alternative. The department may rescind an exemption when the department determines that it is possible to substitute a less harmful alternative for the substance.

SB367,20,6 (c) The department may promulgate rules specifying substances that are harmful to human health or the environment, in addition to the substances in par. (a) 1. to 7., that may not be contained in covered electronic equipment sold in this state. In a rule promulgated under this subsection, the department shall specify a date, at least 6 months after the rule is promulgated, after which covered electronic equipment containing the substance may not be sold in this state.

SB367,20,8 (15m) Grant program. (a) The department shall make grants for the development of facilities and systems for the recycling of covered electronic waste.

SB367,20,10 (b) The department shall promulgate rules for the grant program under this subsection.

SB367,20,12 (16) Department authority. (a) The department may contract with any person for services to implement this section.

SB367,20,15 (b) The department may promulgate rules specifying additional requirements that apply to a producer the 2nd or subsequent time that the producer fails to remedy deficiencies in its program by a deadline set by the department.

SB367,20,17 (c) The department may conduct educational activities about the program under this section.

SB367,20,23 (17) Report. If a federal law is enacted related to the disposal of electronic devices, the department shall prepare a report describing the law and the effect of the law on the program under this section. The department shall provide the report to the chief clerks of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) no later than the first day of the 6th month beginning after the federal law takes effect.

SB367,21,3 (18) Penalties. (a) Any producer that violates this section may be required to forfeit not more than $10,000 for each violation. Except as provided in par. (b), any person other than a producer that violates this section is not subject to a penalty.

SB367,21,8 (b) 1. The department may provide written notice, by personal service or 1st class mail, to a person who sells covered electronic equipment at retail that it is illegal to sell a producer's covered electronic equipment under sub. (4), (6), (8), (11) (b) or (c), or (13) or that it is illegal to sell a specified model of covered electronic equipment under sub. (15) (a).

SB367,21,13 2. If a person sells covered electronic equipment described in a notice under subd. 1. more than 30 days after the day on which the person received the notice under subd. 1. and before the producer remedies the violation that resulted in it being illegal to sell the covered electronic equipment, the person may be required to forfeit not more than $10,000 for each sale.

SB367, s. 8 Section 8. 287.91 (2) of the statutes is amended to read:

SB367,21,17 287.91 (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.

SB367, s. 9 Section 9. 287.97 of the statutes is amended to read:

SB367,21,22 287.97 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, 287.17, or 287.81, may be required to forfeit not less than $10 nor more than $1,000 for each violation.

SB367,21,23 (End)