AB278,10,1818 3. The manufacturer pays the fees under sub. (4).
AB278,10,2019 4. The manufacturer recycles or arranges for the recycling, by a registered
20recycler, of eligible electronic devices used by households in this state.
AB278,10,2121 5. The manufacturer reports as required under sub. (5).
AB278,10,2422 (b) Cooperation. A manufacturer may carry out its responsibilities under par.
23(a) 4. jointly with other manufacturers and may participate with other
24manufacturers in creating an entity to collect and recycle eligible electronic devices.
AB278,11,4
1(c) Retailers. 1. Beginning on May 1, 2010, a retailer may not sell or offer for
2sale to a household a new covered electronic device unless, before making the first
3offer for sale, the retailer has determined that the brand of the covered electronic
4device is listed on the department's Internet site under sub. (10) (a).
AB278,11,95 2. If a manufacturer's registration is revoked or expired and the retailer took
6possession of a covered electronic device of the manufacturer before the registration
7was revoked or expired, the retailer may sell the covered electronic device to a
8household, but only if the sale takes place fewer than 180 days after the revocation
9or expiration.
AB278,11,13 10(3) Registration of manufacturers. (a) To comply with sub. (2) (a) 2., a
11manufacturer shall annually, no later than December 1 in 2009 and no later than
12September 1 beginning in 2010, submit to the department a registration that
13includes all of the following:
AB278,11,1514 1. A list of the manufacturer's brands of covered electronic devices offered for
15sale in this state.
AB278,11,1716 2. The name, address, and contact information of an individual responsible for
17ensuring compliance with this section.
AB278,11,1918 3. A certification that the manufacturer has complied, and will continue to
19comply, with the requirements of this section.
AB278,11,2120 (b) Beginning with the registration due by September 1, 2010, a manufacturer
21shall indicate in its registration under par. (a) which of the following applies:
AB278,11,2422 1. The manufacturer's covered electronic devices comply with the European
23Union directive on the restriction of the use of hazardous substances in electrical and
24electronic equipment, 2002/95/EC or a successor directive.
AB278,12,3
12. The manufacturer's covered electronic devices do not comply with the
2European Union directive on the restriction of the use of hazardous substances in
3electrical and electronic equipment, 2002/95/EC or a successor directive.
AB278,12,84 (c) Notwithstanding the deadline in par. (a), a manufacturer who begins selling
5covered electronic devices after December 1, 2009, and who has not previously
6submitted a registration under this subsection shall submit a registration to the
7department not more than 10 days after the day on which the manufacturer begins
8selling or offering to sell covered electronic devices.
AB278,12,119 (d) If a manufacturer changes the brands that it sells or offers to sell, the
10manufacturer shall update its registration not more than 10 days after making the
11change.
AB278,12,1312 (e) A complete registration is effective on receipt by the department and is valid
13until the following September 1 unless revoked before that date.
AB278,12,1614 (f) Within 20 business days after the receipt of a registration under this
15subsection, the department shall review the registration submitted and notify the
16manufacturer if the registration is not complete.
AB278,12,19 17(4) Manufacturer recycling targets, fees, and recycling credits. (a)
18Payment. To comply with sub. (2) (a) 3., a manufacturer shall pay fees as provided
19in this subsection with the registration that it submits under sub. (3).
AB278,12,2220 (b) Registration fees. 1. If the manufacturer sold at least 100 covered electronic
21devices in this state during the previous program year, the manufacturer shall pay
22a registration fee of $5,000, except, as provided under sub. (10) (k).
AB278,12,2523 2. If the manufacturer sold at least 25 but fewer than 100 covered electronic
24devices in this state during the previous program year, the manufacturer shall pay
25a registration fee of $1,250.
AB278,13,3
13. If the manufacturer sold fewer than 25 covered electronic devices in this
2state during the previous program year, the manufacturer is not required to pay a
3registration fee.
AB278,13,84 (bm) Shortfall fees. In addition to the registration fee, beginning in 2010, a
5manufacturer shall pay shortfall fees under par. (c) or (d) if the amounts calculated
6under those provisions are positive numbers, except that a manufacturer is not
7required to pay shortfall fees until its covered electronic devices have been sold or
8offered for sale to households in this state for 3 full program years.
AB278,13,109 (c) Annual shortfall fee in 2010. The annual shortfall fee to be paid in 2010 by
10a manufacturer is calculated as follows:
AB278,13,1511 1. Determine the manufacturer's target recycling weight by multiplying the
12number of pounds of the manufacturer's covered electronic devices sold to
13households in this state during the program year that began 36 months before the
14beginning of the program year in which the calculation is made, as reported under
15sub. (5) (a), by 0.8 and multiplying the product by 0.5.
AB278,13,1816 2. Determine the actual recycling weight equal to the weight of eligible
17electronic devices recycled by or on behalf of the manufacturer during the last 2
18program quarters of program year 2009-10, as determined under par. (f) 2.
AB278,13,2019 3. Subtract the actual recycling weight, determined under subd. 2., from the
20target recycling weight, determined under subd. 1.
AB278,13,2221 4. Multiply the amount determined under subd. 3. by the estimated cost of
22recycling determined as follows:
AB278,13,2523 a. Fifty cents per pound for a manufacturer if the weight of eligible electronic
24devices recycled by or on behalf of the manufacturer, as determined under subd. 2.,
25is less than 50 percent of the target recycling weight, determined under subd. 1.
AB278,14,4
1b. Forty cents per pound for a manufacturer if the weight of eligible electronic
2devices recycled by or on behalf of the manufacturer, as determined under subd. 2.,
3is at least 50 percent but not more than 90 percent of the target recycling weight,
4determined under subd. 1.
AB278,14,75 c. Thirty cents per pound for a manufacturer if the weight of eligible electronic
6devices recycled by or on behalf of the manufacturer, as determined under subd. 2.,
7is more than 90 percent of the target recycling weight, determined under subd. 1.
AB278,14,98 (d) Annual shortfall fee after 2010. The annual shortfall fee to be paid by a
9manufacturer in a year after 2010 is calculated as follows:
AB278,14,1410 1. Determine the manufacturer's target recycling weight by multiplying the
11number of pounds of the manufacturer's covered electronic devices sold to
12households in this state during the program year that began 36 months before the
13beginning of the program year in which the calculation is made, as reported under
14sub. (5) (a), by 0.8.
AB278,14,1915 2. Determine the actual recycling weight by adding the weight of eligible
16electronic devices recycled by or on behalf of the manufacturer during the previous
17program year, as determined under par. (f) 1., plus the number of recycling credits
18that a manufacturer elects to use, as reported to the department under sub. (5) (c)
193.
AB278,14,2120 3. Subtract the actual recycling weight, determined under subd. 2., from the
21target recycling weight, determined under subd. 1.
AB278,14,2322 4. Multiply the amount determined under subd. 3. by the estimated cost of
23recycling determined as follows:
AB278,15,3
1a. Fifty cents per pound for a manufacturer if the weight of eligible electronic
2devices recycled by or on behalf of the manufacturer, as determined under subd. 2.,
3is less than 50 percent of the target recycling weight, determined under subd. 1.
AB278,15,74 b. Forty cents per pound for a manufacturer if the weight of eligible electronic
5devices recycled by or on behalf of the manufacturer, as determined under subd. 2.,
6is at least 50 percent but not more than 90 percent of the target recycling weight,
7determined under subd. 1.
AB278,15,108 c. Thirty cents per pound for a manufacturer if the weight of eligible electronic
9devices recycled by or on behalf of the manufacturer, as determined under subd. 2.,
10is more than 90 percent of the target recycling weight, determined under subd. 1.
AB278,15,1811 (e) Recycling credits. If, for a program year, the weight of eligible electronic
12devices recycled by or on behalf of a manufacturer, as determined under par. (f) 1. or
132., exceeds the target recycling weight determined under par. (c) 1. or (d) 1., the
14manufacturer has a number of recycling credits equal to the number of excess pounds
15or 20 percent of the target recycling weight, whichever is less. The manufacturer
16may use the credits for the purpose of par. (d) 2. for any of the 3 succeeding program
17years or may sell credits to another manufacturer for use for any of the 3 succeeding
18program years.
AB278,15,2519 (f) Weight recycled. 1. The weight of eligible electronic devices recycled by or
20on behalf of a manufacturer for a program year is the weight reported under sub. (5)
21(b) for that program year, except that if the manufacturer reports separately the
22weight of eligible electronic devices used by households in rural counties and used
23by households in urban counties for a program year, the weight is determined by
24adding the weight used by households in urban counties in that program year and
251.25 times the weight used by households in rural counties in that program year.
AB278,16,7
12. The weight of eligible electronic devices recycled by or on behalf of a
2manufacturer for the last 2 program quarters of program year 2009-10 is the weight
3reported under sub. (5) (b) for that period, except that if the manufacturer reports
4separately the weight of eligible electronic devices used by households in rural
5counties and used by households in urban counties for that period, the weight is
6determined by adding the weight used by households in urban counties in that period
7and 1.25 times the weight used by households in rural counties in that period.
AB278,16,10 8(5) Manufacturers reporting requirements. (a) Weight of covered electronic
9devices sold.
1. Except as provided in subd. 3., with each registration that it submits
10under sub. (3), a manufacturer shall report one of the following to the department:
AB278,16,1311 a. The total weight of each model of its covered electronic devices sold to
12households in this state during the program year that began 24 months before the
13beginning of the program year in which the report is made.
AB278,16,1614 b. The total weight of all of its covered electronic devices sold to households in
15this state during the program year that began 24 months before the beginning of the
16program year in which the report is made.
AB278,16,1917 c. An estimate, based on national sales data, of the total weight of its covered
18electronic devices sold to households in this state during the program year that began
1924 months before the beginning of the program year in which the report is made.
AB278,16,2120 2. A manufacturer shall include in the report required under subd. 1. a
21description of how the manufacturer calculated the weight reported under subd. 1.
AB278,16,2422 3. A manufacturer is not required to report under subd. 1. until its covered
23electronic devices have been sold or offered for sale to households in this state for one
24full program year.
AB278,17,2
14. The department may reject a manufacturer's report under subd. 1. if it
2determines that the report is not complete or not reasonably accurate.
AB278,17,183 (b) Weight of eligible electronic devices recycled. With the registration that it
4submits under sub. (3) in 2010, a manufacturer shall report to the department the
5total weight of eligible electronic devices used by households in this state that were
6collected by or delivered to the manufacturer for recycling by the manufacturer or
7that were collected by or delivered to a registered recycler for recycling on behalf of
8the manufacturer during the last 2 program quarters of the preceding program year.
9Beginning in 2011, with the registration that it submits under sub. (3), a
10manufacturer shall report to the department the total weight of eligible electronic
11devices used by households in this state that were collected by or delivered to the
12manufacturer for recycling by the manufacturer or that were collected by or
13delivered to a registered recycler for recycling on behalf of the manufacturer during
14the preceding program year. A manufacturer may report separately the weight of
15eligible electronic devices used by households in rural counties and used by
16households in urban counties for the purpose of obtaining the weight adjustment
17under sub. (4) (f) for eligible electronic devices received from households in rural
18counties.
AB278,17,2019 (c) Recycling credits. With the registration that it submits under sub. (3),
20beginning in 2011, a manufacturer shall report all of the following to the department:
AB278,17,2221 1. The number of recycling credits that the manufacturer purchased during the
22preceding program year.
AB278,17,2423 2. The number of recycling credits that the manufacturer sold during the
24preceding program year.
AB278,18,2
13. The number of recycling credits that the manufacturer elects to use in the
2calculation of its shortfall fees under sub. (4) (d) 2.
AB278,18,43 4. The number of recycling credits available to the manufacturer after
4calculating its shortfall fees under sub. (4) (d) 2.
AB278,18,11 5(7) Collectors. (a) Registration. 1. Beginning on November 1, 2009, no
6person may operate as a collector delivering or arranging for the delivery of eligible
7electronic devices to a registered recycler for recycling on behalf of a manufacturer
8who is registered under sub. (3) unless the person is registered under this paragraph.
9A person shall register by submitting annually, no later than November 1 in 2009 and
10no later than August 1 beginning in 2010, to the department a registration, using a
11form prescribed by the department, that includes all of the following:
AB278,18,1212 a. The name, address, and contact information of a responsible individual.
AB278,18,1313 b. The street address of all facilities at which the person operates as a collector.
AB278,18,1714 c. A certification that the person has all governmental licenses or other
15approvals that are required to operate as a collector and has complied, and will
16continue to comply, with the requirements of this subsection and with applicable
17health, environmental, safety, and financial responsibility requirements.
AB278,18,1918 2. A complete registration is effective on receipt by the department and is valid
19until the following August 1 unless suspended or revoked before that date.
AB278,19,220 (b) Reports and records. No later than August 1 of each program year,
21beginning August 1, 2010, a registered collector shall report to the department the
22total weight of eligible electronic devices collected in this state during the preceding
23program year and the names of all registered recyclers to whom the collector
24delivered eligible electronic devices. A registered collector shall maintain records of

1the sources of eligible electronic devices it collects and of the registered recyclers to
2whom the collector delivers eligible electronic devices.
AB278,19,43 (c) Limitation. A registered collector may not use prison labor to collect eligible
4electronic devices the weight of which was or will be reported under sub. (5) (b).
AB278,19,11 5(8) Recyclers. (a) Registration. 1. Beginning on November 1, 2009, no person
6may operate as a recycler receiving eligible electronic devices on behalf of a
7manufacturer who is registered under sub. (3) unless the person is registered under
8this paragraph. A person shall register by submitting annually, no later than
9November 1 in 2009 and no later than August 1 beginning in 2010, to the department
10a registration, using a form prescribed by the department, that includes all of the
11following:
AB278,19,1212 a. The name, address, and contact information of a responsible individual.
AB278,19,1313 b. The street address of all facilities at which the person conducts recycling.
AB278,19,1414 c. The certification required under par. (d).
AB278,19,1515 d. Documentation of the liability insurance required under this subsection.
AB278,19,1716 2. A complete registration is effective on receipt by the department and is valid
17until the following August 1 unless suspended or revoked before that date.
AB278,19,2218 (b) Reports and records. 1. No later than August 1 of each program year,
19beginning with August 1, 2010, a registered recycler shall report to the department
20the total weight of eligible electronic devices collected in this state that the recycler
21received for recycling on behalf of a manufacturer registered under sub. (3) during
22the preceding program year and the name of the manufacturer.
AB278,19,2423 2. No later than February 1 of each program year, beginning in 2011, a
24registered recycler shall report to the department all of the following:
AB278,20,3
1a. The total weight of eligible electronic devices collected in this state that the
2recycler received for recycling on behalf of a manufacturer during the first 6 months
3of the program year and the name of the manufacturer.
AB278,20,74 b. The total weight of eligible electronic devices collected in this state that the
5recycler received for recycling during the first 6 months of the program year in
6anticipation of attributing them to a manufacturer for the purposes of the program
7under this section.
AB278,20,108 3. A registered recycler shall maintain records of the sources of eligible
9electronic devices collected in this state that the recycler receives for recycling on
10behalf of a manufacturer registered under sub. (3).
AB278,20,1311 (c) Operational requirements. 1. A registered recycler shall maintain liability
12insurance coverage in the amount of at least $1,000,000 for environmental releases,
13accidents, and other emergencies.
AB278,20,1514 2. A registered recycler may not use prison labor to recycle eligible electronic
15devices the weight of which was or will be reported under sub. (5) (b).
AB278,20,2516 3. A registered recycler shall maintain proof of financial responsibility
17ensuring the availability of funds in an amount sufficient to cover the estimated costs
18of paying another person to close the facilities at which recycling is conducted,
19including managing any remaining eligible electronic devices or materials derived
20from eligible electronic devices and performing any necessary environmental
21cleanup. The registered recycler shall maintain, and provide to the department upon
22request, an itemized statement of the estimated costs in a form specified by the
23department and documentation of the source of the estimates. The registered
24recycler may provide the proof of financial responsibility required under this
25subdivision using one of the following:
AB278,21,1
1a. A surety bond.
AB278,21,32 b. A deposit of cash, certificates of deposit, or securities issued by the federal
3government.
AB278,21,44 c. An escrow account.
AB278,21,55 d. An irrevocable letter of credit.
AB278,21,66 e. An irrevocable trust.
AB278,21,147 4. A registered recycler shall maintain records that can be used to determine,
8for each program year, the total weight of eligible electronic devices recycled by the
9recycler on behalf of manufacturers under this section, the weight of materials
10derived from those eligible electronic devices that the registered recycler sends to
11another person for use in a manufacturing process or for recovery of useable
12materials, and the weight of materials derived from those eligible electronic devices
13that the registered recycler sends to be disposed of in a solid waste disposal facility
14or burned at a solid waste treatment facility.
AB278,21,1515 5. A registered recycler shall maintain records that do all of the following:
AB278,21,1816 a. Identify each person who received from the registered recycler materials
17derived from eligible electronic devices recycled on behalf of manufacturers under
18this section.
AB278,21,2219 b. If a person identified under subd. 5. a. does not use the materials in a
20manufacturing process, identify each person who receives from the person identified
21under subd. 5. a. materials derived from eligible electronic devices recycled on behalf
22of manufacturers under this section.
AB278,22,623 5m. A registered recycler shall make the information under subds. 4. and 5. for
24a program year available, upon request, to a manufacturer on behalf of whom the
25recycler recycled eligible electronic devices under this section in that program year,

1except that if the recycler maintains a system under which it tracks eligible
2electronic devices recycled on behalf of one manufacturer, and the disposition of the
3materials derived from those eligible electronic devices, separately from other
4eligible electronic devices that it recycles, the recycler is only required to provide to
5that manufacturer the information under subds. 4. and 5. concerning the eligible
6electronic devices recycled on behalf of that manufacturer.
AB278,22,127 6. A registered recycler shall maintain records that show the actions that it
8takes in a program year to ensure that the persons identified under subd. 5. use the
9materials derived from eligible electronic devices in a manufacturing process or for
10recovery of useable materials and shall make that information available upon
11request to a manufacturer on behalf of whom the recycler recycles eligible electronic
12devices under this section in that program year.
AB278,22,1513 7. A registered recycler shall prepare and maintain a written contingency plan
14for responding to releases of hazardous substances that complies with the
15requirements in s. NR 664.0052, Wis. Adm. Code.
AB278,22,1716 8. A registered recycler shall comply with any other operational requirement
17in rules promulgated under par. (e).
AB278,22,2018 (d) Certification. As a condition of registration under par. (a), a registered
19recycler shall submit to the department a certification that states that the registered
20recycler does all of the following:
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