SB397: Bill Text

SB397,19,19 4. Use no prison labor to recycle covered electronic devices; and

SB397,19,22 5. Do not export covered electronic devices to any country that is not a member of the Organization for Economic Cooperation and Development except for covered electronic devices that are in working order and destined for direct reuse.

SB397,20,3 (9) Retailers. (a) Reporting to manufacturers. No later than November 1, February 1, May 1, and August 1 of each program year, beginning with November 1, 2008, a retailer shall report to a manufacturer, using a format specified or approved by the department, the number of video display devices, by model, labeled with the manufacturer's brand that the retailer sold to households in this state during the previous program quarter.

SB397,20,11 (b) Providing information to purchasers. A retailer who sells new video display devices for use by households shall provide to purchasers information describing how video display devices can be collected and recycled and a description of the prohibitions in s. 287.07 (5). A retailer may satisfy this requirement by providing a toll-free number for receiving the information and a description of how to access the department's Internet site under sub. (10) (a). A retailer who sells through a catalog may provide the information in the catalog. A retailer who sells through the Internet may provide the information on its Internet site.

SB397,20,22 (10) Powers and duties of the department. (a) Internet site. The department shall maintain an Internet site on which the department lists the names of manufacturers who are registered under sub. (3) and the names of the brands listed in the manufacturers' registrations. The department shall update the information on the Internet site promptly upon receipt of a new or revised registration. The department shall include on the Internet site a statement that this section applies only to video display devices sold for household use and that the list of manufacturers is not a list of manufacturers qualified to sell video display devices for industrial, commercial, or other nonhousehold uses. The department shall also include on the Internet site the contact information provided by manufacturers under sub. (3) (a) 2.

SB397,20,25 (b) Providing information. The department shall make the information provided in registration statements and reports under subs. (3), (5), (7), and (8) available to manufacturers, retailers, and the public.

SB397,21,2 (c) Review of formula. 1. The department shall annually review all of the following:

SB397,21,4 a. The number by which the weight of video display devices sold is multiplied under sub. (4) (d) 1. to determine target recycling weight.

SB397,21,5 b. The estimated cost of recycling under sub. (4) (d) 4.

SB397,21,6 c. The base registration fee under sub. (4) (c).

SB397,21,8 d. The multiplier for the weight of covered electronic devices collected from households in rural counties under sub. (4) (f).

SB397,21,13 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.

SB397,21,17 (d) Annual report. Before December 1 of each year, beginning in 2011, 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:

SB397,21,18 1. The total weight of covered electronic devices recycled.

SB397,21,20 2. A summary of the information provided by manufacturers and recyclers under subs. (5) and (8).

SB397,21,22 3. Information concerning the collection programs used by manufacturers to collect covered electronic devices.

SB397,21,24 4. Information concerning the collection of covered electronic devices by persons other than registered manufacturers, collectors, and recyclers.

SB397,22,2 5. Information about any disposal of covered electronic devices in landfills in this state.

SB397,22,3 6. A description of any actions taken to enforce the requirements of this section.

SB397,22,8 (e) Report concerning federal legislation. If a federal law relating to the collection and recycling of video display 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.

SB397,22,15 (f) Outreach and communication. The department shall promote public participation in the collection and recycling of covered 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 covered electronic devices that are available for recycling.

SB397,22,17 (g) Cooperation with other states. The department may cooperate with other states to effectuate the program under this section.

SB397,22,20 (h) Revocation. The department shall revoke the registration of a manufacturer who violates sub. (2) (a), (3), (4), (5), or (6). The department may revoke the registration of a collector or recycler who violates sub. (7) or (8) (a).

SB397,22,25 (i) Additional covered electronic devices. If the department determines that the disposal of a kind of electronic device that is not listed in sub. (1) (f) in a solid waste disposal facility may be harmful to human health or the environment, the department may promulgate a rule specifying that the kind of electronic device is a covered electronic device and is subject to s. 287.07 (5).

SB397,23,8 (j) Audits. The department may perform or contract for the performance of an audit of the activities of a collector or 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.

SB397,23,10 (11) Penalties. (a) Manufacturer. Any manufacturer who violates this section may be required to forfeit not more than $10,000 for each violation.

SB397,23,12 (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.

SB397, s. 7 Section 7. 287.91 (2) of the statutes is amended to read:

SB397,23,16 287.91 (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.

SB397, s. 8 Section 8. 287.97 of the statutes is amended to read:

SB397,23,21 287.97 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.

SB397, s. 9 Section 9. Nonstatutory provisions.

SB397,24,2 (1) Permanent position authorization. The authorized FTE positions for the department of natural resources are increased by 2.0 SEG positions, 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.

SB397,24,6 (2) Project position authorization. The authorized FTE positions for the department of natural resources are increased by 2.0 SEG 2-year project positions, to be funded from the appropriation under section 20.370 (2) (hq) of the statutes, for start up of the electronic waste recycling program.

SB397,24,7 (End)