Analysis by the Legislative Reference Bureau
This bill makes certain changes to this state's electronic waste recycling
program, known as “E-Cycle Wisconsin," which is administered by the Department
of Natural Resources.

Under the program, a manufacturer may not sell certain consumer electronic
devices to households or schools in this state, or deliver consumer electronic devices
to a retailer, unless the manufacturer registers with DNR each year, pays a
registration fee, and either recycles a certain amount of consumer electronic devices
or pays a shortfall fee. A retailer may not sell certain consumer electronic devices
to households or schools in this state unless the device's manufacturer is registered
under the program. A recycler that receives electronic devices on behalf of a
registered manufacturer must also register under the program and comply with
certain reporting and recordkeeping requirements.
The bill expands the definition of a school, for purposes of the program, to
include all public elementary or secondary schools, including charter schools; all
private elementary or secondary schools; and all tribal schools. The bill also narrows
the types of consumer printers that are covered under the program.
Under current law, a manufacturer in the program must ordinarily pay a
registration fee with its annual registration, based on the number of electronic
devices it sold in the state during the previous year. The bill raises the threshold for
requiring a manufacturer to pay a registration fee. Under the bill, a manufacturer's
registration fee is $5,000 if it sold at least 500 electronic devices in this state during
the previous program year, and $1,250 if it sold at least 250 but fewer than 500
electronic devices. There is no registration fee if the manufacturer sold fewer than
250 electronic devices during the previous program year.
Under current law, a manufacturer must report certain information to DNR
when it submits its annual registration under the program. This bill requires
manufacturers, when reporting the total weight of electronic devices recycled by or
on behalf of the manufacturer each year, to also report the weight of devices collected
from rural counties separately from devices collected from urban counties.
Under current law, every year a registered recycler must report to DNR the
total weight of electronic devices the recycler received from a registered
manufacturer for recycling during the previous program year. This bill requires a
recycler, in its annual report, to also separate this total weight into different
categories, depending on the type of device and whether the device contains a
cathode-ray tube. The bill also requires a recycler to report the weight of certain
materials, such as cathode-ray tube glass, metals, and plastics, that the recycler
derived from the electronic devices it received during the previous program year.
Finally, under current law, a program year runs from July 1 to the following
June 30. This bill creates an 18-month transition period (transition year) that runs
from the July 1 following the effective date of the bill to the December 31 of the
following year. After the transition year, a program year runs from January 1 to
December 31.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB733,1
1Section 1. 287.17 (1) (eg) 1. b. of the statutes is amended to read:
SB733,3,42 287.17 (1) (eg) 1. b. A device listed under par. (gs) 1. to 6. or 7. that prints and
3has other functions, such as copying, scanning, or sending facsimiles,
and that is
4designed to be placed on a work surface.
SB733,2 5Section 2. 287.17 (1) (eg) 2. of the statutes is amended to read:
SB733,3,96 287.17 (1) (eg) 2. “Consumer printer" does not include a calculator with
7printing capabilities or a , label maker, or other similar household printing device;
8a floor-standing printer or printer with optional floor stand; or a point-of-sale
9receipt printer
.
SB733,3 10Section 3. 287.17 (1) (k) of the statutes is renumbered 287.17 (1) (k) (intro.)
11and amended to read:
SB733,3,1312 287.17 (1) (k) (intro.) “Program year" means the period from July 1 to the
13following June 30.
one of the following:
SB733,4 14Section 4. 287.17 (1) (k) 1. of the statutes is created to read:
SB733,3,1615 287.17 (1) (k) 1. For any period before the beginning of the transition year, a
16period that runs from July 1 to the following June 30.
SB733,5 17Section 5. 287.17 (1) (k) 2. of the statutes is created to read:
SB733,3,1818 287.17 (1) (k) 2. The transition year.
SB733,6 19Section 6. 287.17 (1) (k) 3. of the statutes is created to read:
SB733,3,2120 287.17 (1) (k) 3. For any period after the end of the transition year, a period that
21runs from January 1 to the following December 31.
SB733,7 22Section 7. 287.17 (1) (np) of the statutes is amended to read:
SB733,4,223 287.17 (1) (np) “School" means a public school, as defined in s. 115.01 (1), a
24private school participating in the program under s. 118.60, or a private school
25participating in the program under s. 119.23
elementary or secondary school,

1including a charter school, as defined in s. 115.001 (1), or a private elementary or
2secondary school, or a tribal school, as defined in s. 115.001 (15m)
.
SB733,8 3Section 8. 287.17 (1) (pg) of the statutes is created to read:
SB733,4,64 287.17 (1) (pg) “Transition year" means the 18-month period from the July 1
5following the effective date of this paragraph .... [LRB inserts date], to the December
631 of the following year.
SB733,9 7Section 9. 287.17 (3) (a) (intro.) of the statutes is amended to read:
SB733,4,118 287.17 (3) (a) (intro.) To comply with sub. (2) (a) 2., a manufacturer shall, no
9later than February 1, 2010, and annually,
no later than September 1 beginning in
102010
the first day of the 3rd month of each program year, submit to the department
11a registration that includes all of the following:
SB733,10 12Section 10. 287.17 (3) (e) of the statutes is amended to read:
SB733,4,1513 287.17 (3) (e) A complete registration is effective on receipt by the department
14and is valid until the first day of the 3rd month of the following September 1 program
15year
unless revoked before that date.
SB733,11 16Section 11. 287.17 (4) (b) (intro.) of the statutes is created to read:
SB733,4,1817 287.17 (4) (b) (intro.) In each program year other than the program year
18immediately following the transition year:
SB733,12 19Section 12. 287.17 (4) (b) 1. of the statutes is amended to read:
SB733,4,2220 287.17 (4) (b) 1. If the manufacturer sold at least 250 500 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).
SB733,13 23Section 13. 287.17 (4) (b) 2. of the statutes is amended to read:
SB733,5,3
1287.17 (4) (b) 2. If the manufacturer sold at least 25 250 but fewer than 250 500
2covered electronic devices in this state during the previous program year, the
3manufacturer shall pay a registration fee of $1,250.
SB733,14 4Section 14. 287.17 (4) (b) 3. of the statutes is amended to read:
SB733,5,75 287.17 (4) (b) 3. If the manufacturer sold fewer than 25 250 covered electronic
6devices in this state during the previous program year, the manufacturer is not
7required to pay a registration fee.
SB733,15 8Section 15. 287.17 (4) (be) of the statutes is created to read:
SB733,5,109 287.17 (4) (be) Registration fees immediately following the transition year. In
10the program year immediately following the transition year:
SB733,5,1411 1. If the previous program year was the transition year and the manufacturer
12sold at least 750 covered electronic devices in this state during the transition year,
13the manufacturer shall pay a registration fee of $7,500, except as provided in sub.
14(10) (k).
SB733,5,1715 2. If the previous program year was the transition year and the manufacturer
16sold at least 375 but fewer than 750 covered electronic devices in this state during
17the transition year, the manufacturer shall pay a registration fee of $1,875.
SB733,5,2018 3. If the previous program year was the transition year and the manufacturer
19sold fewer than 375 covered electronic devices in this state during the transition year,
20the manufacturer is not required to pay a registration fee.
SB733,16 21Section 16. 287.17 (4) (d) (intro.) of the statutes is amended to read:
SB733,5,2322 287.17 (4) (d) Annual shortfall fee after 2010. (intro.) The annual shortfall fee
23to be paid by a manufacturer in a program year after 2010 is calculated as follows:
SB733,17 24Section 17. 287.17 (5) (a) 1. a. of the statutes is amended to read:
SB733,6,4
1287.17 (5) (a) 1. a. The total weight of each model of its covered electronic
2devices sold to households or schools in this state during the program year that began
324 months 2 program years before the beginning of the program year in which the
4report is made.
SB733,18 5Section 18. 287.17 (5) (a) 1. b. of the statutes is amended to read:
SB733,6,96 287.17 (5) (a) 1. b. The total weight of all of its covered electronic devices sold
7to households or schools in this state during the program year that began 24 months
82 program years before the beginning of the program year in which the report is
9made.
SB733,19 10Section 19. 287.17 (5) (a) 1. c. of the statutes is amended to read:
SB733,6,1411 287.17 (5) (a) 1. c. An estimate, based on national sales data, of the total weight
12of its covered electronic devices sold to households or schools in this state during the
13program year that began 24 months 2 program years before the beginning of the
14program year in which the report is made.
SB733,20 15Section 20. 287.17 (5) (b) of the statutes is amended to read:
SB733,7,716 287.17 (5) (b) Weight of eligible electronic devices recycled. With the
17registration that it submits under sub. (3) that is due by September 1, 2010, a
18manufacturer shall report to the department the total weight of eligible electronic
19devices used by households or schools in this state that were collected by or delivered
20to the manufacturer for recycling by the manufacturer or that were collected by or
21delivered to a registered recycler for recycling on behalf of the manufacturer during
22the last 2 program quarters of the preceding program year. Beginning in 2011, with

23the registration that it submits under sub. (3), a manufacturer shall report to the
24department the total weight of eligible electronic devices used by households or
25schools in this state that were collected by or delivered to the manufacturer for

1recycling by the manufacturer or that were collected by or delivered to a registered
2recycler for recycling on behalf of the manufacturer during the preceding program
3year. A manufacturer may shall also report separately the weight of eligible
4electronic devices used by households or schools in rural counties and used by
5households or schools in urban counties for the purpose of obtaining the weight
6adjustment under sub. (4) (f) for eligible electronic devices received from households
7or schools in rural counties.
SB733,21 8Section 21. 287.17 (7) (a) 1. (intro.) of the statutes is amended to read:
SB733,7,169 287.17 (7) (a) 1. (intro.) Beginning on January 1, 2010, no No person may
10operate as a collector delivering or arranging for the delivery of eligible electronic
11devices to a registered recycler for recycling on behalf of a manufacturer who is
12registered under sub. (3) unless the person is registered under this paragraph. A
13person shall register by submitting, no later than January 1, 2010, and annually, no
14later than August 1 beginning in 2010 the first day of the 2nd month of each program
15year
, to the department a registration, using a form prescribed by the department,
16that includes all of the following:
SB733,22 17Section 22. 287.17 (7) (a) 2. of the statutes is amended to read:
SB733,7,2018 287.17 (7) (a) 2. A complete registration is effective on receipt by the
19department and is valid until the first day of the 2nd month of the following August
201
program year unless suspended or revoked before that date.
SB733,23 21Section 23. 287.17 (7) (b) of the statutes is amended to read:
SB733,8,422 287.17 (7) (b) Reports and records. No later than August 1 the first day of the
232nd month
of each program year, beginning August 1, 2010, a registered collector
24shall report to the department the total weight of eligible electronic devices collected
25in this state during the preceding program year and the names of all registered

1recyclers to whom the collector delivered eligible electronic devices. A registered
2collector shall maintain records of the sources of eligible electronic devices it collects
3and of the registered recyclers to whom the collector delivers eligible electronic
4devices.
SB733,24 5Section 24. 287.17 (8) (a) 1. (intro.) of the statutes is amended to read:
SB733,8,126 287.17 (8) (a) 1. (intro.) Beginning on January 1, 2010, no No person may
7operate as a recycler receiving eligible electronic devices 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, no later than January 1, 2010, and annually,
10no later than August 1 beginning in 2010 the first day of the 2nd month of each
11program year
, to the department a registration, using a form prescribed by the
12department, that includes all of the following:
SB733,25 13Section 25. 287.17 (8) (a) 2. of the statutes is amended to read:
SB733,8,1614 287.17 (8) (a) 2. A complete registration is effective on receipt by the
15department and is valid until the first day of the 2nd month of the following August
161
program year unless suspended or revoked before that date.
SB733,26 17Section 26. 287.17 (8) (b) 1. of the statutes is renumbered 287.17 (8) (b) (intro.)
18and amended to read:
SB733,8,2419 287.17 (8) (b) Reports and records Annual reporting requirements. (intro.) No
20later than August 1 the first day of the 2nd month of each program year, beginning
21with August 1, 2010
, a registered recycler shall report to the department the total
22weight of eligible electronic devices collected in this state that the recycler received
23for recycling on behalf of a manufacturer registered under sub. (3) during the
24preceding program year and the name of the manufacturer.
all of the following:
SB733,27
1Section 27. 287.17 (8) (b) 1m., 2m., 3m., 4. and 5. of the statutes are created
2to read:
SB733,9,53 287.17 (8) (b) 1m. The total weight of eligible electronic devices collected in this
4state that the recycler received for recycling on behalf of a manufacturer registered
5under sub. (3) during the preceding program year and the name of the manufacturer.
SB733,9,86 2m. The weight of eligible electronic devices collected in this state that the
7recycler received for recycling on behalf of a manufacturer registered under sub. (3)
8during the preceding program year, separated into the following categories:
SB733,9,99 a. Televisions that contain a cathode-ray tube.
SB733,9,1010 b. Televisions that do not contain a cathode-ray tube.
SB733,9,1111 c. Computer monitors that contain a cathode-ray tube.
SB733,9,1212 d. Computer monitors that do not contain a cathode-ray tube.
SB733,9,1313 e. Consumer computers.
SB733,9,1414 f. Consumer printers.
SB733,9,1515 g. Other eligible electronic devices.
SB733,9,1716 3m. The weight of materials derived from the devices described in subd. 1m.
17during the preceding program year, separated into the following categories:
SB733,9,1818 a. Cathode-ray tube glass.
SB733,9,1919 b. Glass, not including cathode-ray tube glass.
SB733,9,2020 c. Metals.
SB733,9,2121 d. Plastics.
SB733,9,2222 e. Other materials.
SB733,9,2423 4. The weight of materials derived from the devices described in subd. 1m. that
24the registered recycler sent to another person for use in a manufacturing process or

1for recovery of usable materials during the preceding program year, separated into
2the categories under subd. 3m. a. to e.
SB733,10,63 5. The weight of materials derived from the devices described in subd. 1m. that
4the registered recycler sent to be disposed of in a solid waste disposal facility or
5burned at a solid waste treatment facility during the preceding program year,
6separated into the categories under subds. 3m. a. to e.
SB733,28 7Section 28. 287.17 (8) (b) 2. of the statutes is renumbered 287.17 (8) (bm), and
8287.17 (8) (bm) (intro.), as renumbered, is amended to read:
SB733,10,119 287.17 (8) (bm) Mid-year reporting requirements. (intro.) No later than
10February 1 the first day of the 8th month of each program year, beginning in 2011,
11a registered recycler shall report to the department all of the following:
SB733,29 12Section 29. 287.17 (8) (b) 3. of the statutes is renumbered 287.17 (8) (bs).
SB733,30 13Section 30. 287.17 (8) (c) 4. of the statutes is amended to read:
SB733,10,2114 287.17 (8) (c) 4. A registered recycler shall maintain records that can be used
15to determine, for each program year, the total weight of eligible electronic devices
16recycled by the recycler on behalf of manufacturers under this section, the weight of
17materials derived from those eligible electronic devices that the registered recycler

18sends to another person for use in a manufacturing process or for recovery of usable
19materials, and the weight of materials derived from those eligible electronic devices
20that the registered recycler sends to be disposed of in a solid waste disposal facility
21or burned at a solid waste treatment facility
weights described in par. (b) 1m. to 5.
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