SB367: Bill Text

SB367,5,21 3. A digital audio storage device.

SB367,5,22 4. A printer.

SB367,5,23 5. A facsimile transmission device.

SB367,6,5 (b) The secretary of natural resources may delay the effective date of par. (a) if the secretary finds that application of par. (a) will result in unacceptable hardship for municipalities or counties in conducting solid waste recycling or disposal activities. The secretary may not delay the effective date by more than 3 years. The secretary shall provide a notice of any delay under this paragraph, including the delayed effective date, to the revisor of statutes for publication in the Wisconsin Administrative Register.

SB367, s. 7 Section 7. 287.17 of the statutes is created to read:

SB367,6,8 287.17 Producer accountability for electronic waste. (1) Definitions. In this section:

SB367,6,9 (a) "Covered electronic equipment" means any of the following:

SB367,6,12 1. A television; a computer monitor; a color video display device; or another video display device with a screen that is at least 8 inches in its longest diagonal measurement.

SB367,6,13 2. A computer that weighs more than 6 pounds, including a portable computer.

SB367,6,14 3. A digital audio storage device.

SB367,6,15 4. A printer.

SB367,6,16 5. A facsimile transmission device.

SB367,6,17 6. An optical scanner.

SB367,6,18 7. A mobile telephone.

SB367,6,20 8. Any other kind of electronic equipment specified by the department under sub. (12).

SB367,6,24 (b) "Covered electronic waste" means covered electronic equipment that has been taken out of service or has been relinquished for recycling or disposal but has not been recycled or finally disposed of. "Covered electronic waste" does not include covered electronic equipment that has been donated for reuse or sold for reuse.

SB367,7,2 (c) "Electronic equipment" means equipment that requires electric current or electromagnetic fields to function and that contains a circuit board.

SB367,7,6 (cm) "Historic covered waste" means covered electronic equipment that was first sold at retail before the effective date under sub. (2) and that has become electronic waste, the producer of which is in business on the effective date under sub. (2).

SB367,7,9 (d) "Orphan covered waste" means covered electronic equipment that was first sold at retail before the effective date under sub. (2) and that has become electronic waste, the producer of which is not in business on the effective date under sub. (2).

SB367,7,11 (e) "Producer" means a person, other than a person that remanufactures and resells covered electronic waste, that does any of the following:

SB367,7,12 1. Manufactures and sells covered electronic equipment under its own brand.

SB367,7,14 2. Manufactures and sells covered electronic equipment without affixing a brand.

SB367,7,16 3. Resells covered electronic equipment manufactured by others under the person's own brand.

SB367,7,18 (f) "Program" means the actions that are taken to carry out a plan approved under sub. (4).

SB367,7,21 (g) "Recycling" means processing waste materials to prepare them to be used for the same or a different use. "Recycling" does not include burning waste with or without energy recovery.

SB367,7,23 (h) "Reuse" means to use covered electronic equipment or a component of covered electronic equipment for its original use.

SB367,8,3 (2) Effective date. The effective date for subs. (3) to (14) is the first day of the 25th month beginning after the effective date of this subsection .... [revisor inserts date].

SB367,8,7 (3) Plan. (a) Except as provided under sub. (13), no later than the first day of the 6th month beginning after the effective date under sub. (2), a producer whose covered electronic equipment is sold in this state shall submit to the department a plan that includes all of the following:

SB367,8,12 1. Provisions, designed to achieve the performance requirements in sub. (7) (a), under which the producer finances the collection, transportation, and reuse, recycling, treatment, or disposal, in a manner that is consistent with all requirements under state law, of the producer's covered electronic equipment first sold at retail after the effective date under sub. (2) that is discarded in this state.

SB367,8,17 2. Provisions, designed to achieve the performance requirements in sub. (7) (b), under which the producer finances the collection, transportation, and reuse, recycling, treatment, or disposal, in a manner that is consistent with all requirements under state law, of the producer's share, as determined under sub. (7) (c), of historic covered waste and orphan covered waste.

SB367,8,19 3. Provisions to ensure compliance with the worker protection requirements in sub. (7) (d) and (e).

SB367,8,20 4. Provisions for meeting the labeling requirements in sub. (8).

SB367,8,21 5. Provisions for meeting the consumer education requirements in sub. (9).

SB367,8,23 6. Provisions for meeting the requirements for providing information to recyclers in sub. (10).

SB367,9,3 7. A description of actions that will be implemented by the producer if the provisions under subd. 1. or 2. fail to achieve the performance requirements in sub. (7) (a) or (b).

SB367,9,6 8. Documentation, such as contracts, letters of intent, or memoranda of understanding, that all persons whose participation is needed to implement the provisions under subds. 1. and 2. are willing to participate.

SB367,9,7 9. One of the following:

SB367,9,12 a. Information concerning the number of the producer's televisions sold in this state during each of the 10 years before the year in which the producer submits the plan and information concerning the number and type of the producer's computers, mobile telephones, and other pieces of covered electronic equipment sold in this state during each of the 5 years before the year in which the producer submits the plan.

SB367,9,15 b. A statement that the producer prefers to have the department estimate under sub. (7) (c) the sales of the producer's covered electronic equipment in this state.

SB367,9,16 10. Provisions that ensure all of the following:

SB367,9,20 a. That covered electronic waste collected under the plan that contains a substance listed in sub. (15) (a) 1. to 8. and that is not in working order is not exported to any country that is not a member of the Organization for Economic Cooperation and Development.

SB367,9,24 b. That covered electronic waste collected under the plan that contains a substance listed in sub. (15) (a) 1. to 8. and that is in working order is not exported to any country that is not a member of the Organization for Economic Cooperation and Development unless the producer or a person participating in the producer's program certifies to the department that the covered electronic waste is in working order and is destined for direct reuse.

SB367,10,4 11. Provisions to ensure that opportunities and locations for collection of covered electronic waste are convenient for all persons in this state.

SB367,10,6 12. Provisions for the payment of the partial electronics recycling fee under sub. (14) (b).

SB367,10,7 13. Procedures for modifying the plan with the consent of the department.

SB367,10,13 (b) A producer may not include in a plan under par. (a) a requirement that persons who wish to discard covered electronic equipment pay a fee, at the time that the covered electronic equipment is relinquished, to discard the covered electronic equipment, but may require those persons to deliver covered electronic equipment to a collection point or to ship covered electronic to a person designated by the producer if the producer pays for the shipping.

SB367,10,17 (c) A producer may provide for a person other than the producer, including an entity created by more than one producer, to implement portions of a plan under par. (a) and may provide for implementation of portions of a plan jointly with other producers.

SB367,11,2 (4) Review of plan. The department shall review a plan submitted under sub. (3) within 3 months of its submission to determine whether the plan complies with the requirements of that subsection. Within 30 days after completing its review, the department shall notify a producer of any deficiencies in the producer's plan. If an original or modified plan complies with the requirements of sub. (3), the department shall approve the plan. If a producer fails to remedy deficiencies in the producer's plan by a deadline set by the department, the department shall disapprove the plan and no person may sell the producer's covered electronic equipment in this state until all of the following occur:

SB367,11,3 (a) The producer submits a new plan.

SB367,11,5 (b) The producer pays a fee in the amount specified under sub. (14) for submitting an original plan.

SB367,11,6 (c) The department approves the new plan.

SB367,11,9 (5) Implementation. Upon approval under sub. (4) of a producer's plan, the producer shall begin to implement the plan. A producer shall fully implement its plan no more than 12 months after the department approves the plan under sub. (4).

SB367,11,20 (6) Proof of financial responsibility. Except as provided under sub. (13), no person may sell a producer's covered electronic equipment in this state beginning on the first day of the 12th month beginning after the effective date under sub. (2) or on the first day of the 2nd month beginning after the approval of the producer's plan under sub. (4), whichever is earlier, unless the producer files with the department a surety bond or other form of financial assurance acceptable to the department in an amount equal to $300,000 or 10 percent of the dollar amount of the sales of the producer's covered electronic equipment in this state in the year before the producer files the bond, whichever is greater, established in favor of or made payable to the department to cover costs incurred because of any violation by the producer of the requirements of this section.

SB367,11,24 (7) Performance requirements. (a) To achieve the performance requirements for a producer's covered electronic equipment that is sold at retail after the effective date under sub. (2) and that is discarded in this state, a producer must demonstrate all of the following:

SB367,12,8 1. That, no later than the first day of the 24th month beginning after approval of the producer's plan under sub. (4), the number of pieces of the producer's covered electronic equipment sold at retail after the effective date under sub. (2) that are collected through the producer's program annually equals at least 50 percent of the number of pieces of the producer's covered electronic equipment that are sold at retail in this state annually and that the program annually results in the reuse or recycling of at least 50 percent of the components and materials contained in the covered electronic equipment that is collected.

SB367,12,16 2. That, no later than the first day of the 48th month beginning after approval of the producer's plan under sub. (4), the number of pieces of the producer's covered electronic equipment sold at retail after the effective date under sub. (2) that are collected through the producer's program annually equals at least 75 percent of the number of pieces of the producer's covered electronic equipment that are sold at retail in this state annually and that the program annually results in the reuse or recycling of at least 75 percent of the components and materials contained in the covered electronic equipment that is collected.

SB367,12,24 3. That, no later than the first day of the 60th month beginning after approval of the producer's plan under sub. (4), the number of pieces of the producer's covered electronic equipment sold at retail after the effective date under sub. (2) that are collected through the producer's program annually equals at least 90 percent of the number of pieces of the producer's covered electronic equipment that are sold at retail in this state annually and that the program annually results in the reuse or recycling of at least 95 percent of the components and materials contained in the covered electronic equipment that is collected.

SB367,13,2 (b) To achieve the performance requirements for historic covered waste and orphan covered waste, a producer must demonstrate all of the following:

SB367,13,9 1. That, no later than the first day of the 24th month beginning after approval of the producer's plan under sub. (4), the amount of historic covered waste and orphan covered waste collected through the producer's program annually equals at least the producer's share, determined under par. (c), of 2 kilograms per resident of this state and that the program annually results in the reuse or recycling of at least the producer's share of 1.5 kilograms of the historic covered waste and orphan covered waste.

SB367,13,16 2. That, no later than the first day of the 60th month beginning after approval of the producer's plan under sub. (4), the amount of historic covered waste and orphan covered waste collected through the producer's program annually equals at least the producer's share, determined under par. (c), of 4 kilograms per resident of this state and that the program annually results in the reuse or recycling of at least the producer's share of 3.5 kilograms of the historic covered waste and orphan covered waste.

SB367,13,23 (c) The department shall determine each producer's share for the purposes of par. (b) based on the producer's market share of sales of covered electronic equipment. If a producer does not provide the information under sub. (3) (a) 9. a., the department shall increase its estimate of the producer's market share by 10 percent, and adjust its estimates of the market shares of producers who provide that information accordingly. The department may adjust its determinations of market share annually.

SB367,14,3 (d) A producer shall include in its plan submitted under sub. (3) provisions to ensure that employers of workers who perform activities necessary to collect, transport, reuse, recycle, treat, or dispose of covered electronic waste under the producer's program protect the health and safety of those workers by doing all of the following:

SB367,14,5 1. Providing to the department of workforce development evidence of compliance with state and federal occupational safety and health requirements.

SB367,14,8 2. Performing monitoring of the employers' facilities for all of the substances under sub. (15) (a) 1. to 8. and reporting the results of the monitoring to the department of workforce development every 3 months.

SB367,14,12 3. Performing human health monitoring of all of the workers, including blood testing for lead and compounds containing bromine, chlorine, and mercury, and reporting the results of the monitoring to the department of workforce development every 3 months.

SB367,14,16 (e) A producer shall include in its plan submitted under sub. (3) provisions to ensure that prison labor is not used in this state to collect, transport, reuse, recycle, treat, or dispose of covered electronic waste under the producer's program unless all of the following apply:

SB367,14,18 1. The prisoners are provided with compensation equivalent to market wages for the work performed.

SB367,14,21 2. The prisoners are afforded protections that are at least equal to those provided under this state's occupational health and safety laws and rules, in addition to the protections under par. (d).

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.