SB107: Bill Text

SB107,9,25 (pm) "Urban county" means Brown County, Calumet County, Chippewa County, Dane County, Dodge County, Douglas County, Dunn County, Eau Claire County, Fond du Lac County, Grant County, Green County, Jefferson County, Kenosha County, LaCrosse County, Lincoln County, Manitowoc County, Marathon County, Marinette County, Milwaukee County, Outagamie County, Ozaukee County, Pierce County, Portage County, Racine County, Rock County, Sauk County, Sheboygan County, St. Croix County, Walworth County, Washington County, Waukesha County, Winnebago County, or Wood County.

SB107,10,7 (2) Requirements for sale of covered electronic devices. (a) Manufacturers. Beginning on September 1, 2009, a manufacturer may not sell to a household, offer to sell to a household, or deliver to retailers for subsequent sale to a household a new covered electronic device unless all of the following apply:

SB107,10,9 1. The manufacturer permanently affixes a label to the covered electronic device that is readily visible and that shows the manufacturer's brand.

SB107,10,11 2. The manufacturer is registered with the department in accordance with sub. (3).

SB107,10,12 3. The manufacturer pays the fees under sub. (4).

SB107,10,14 4. The manufacturer recycles or arranges for the recycling, by a registered recycler, of eligible electronic devices used by households in this state.

SB107,10,15 5. The manufacturer reports as required under sub. (5).

SB107,10,18 (b) Cooperation. A manufacturer may carry out its responsibilities under par. (a) 4. jointly with other manufacturers and may participate with other manufacturers in creating an entity to collect and recycle eligible electronic devices.

SB107,10,22 (c) Retailers. 1. Beginning on February 1, 2010, a retailer may not sell or offer for sale to a household a new covered electronic device unless, before making the first offer for sale, the retailer has determined that the brand of the covered electronic device is listed on the department's Internet site under sub. (10) (a).

SB107,11,2 2. If a manufacturer's registration is revoked or expired and the retailer took possession of a covered electronic device of the manufacturer before the registration was revoked or expired, the retailer may sell the covered electronic device to a household, but only if the sale takes place fewer than 180 days after the revocation or expiration.

SB107,11,5 (3) Registration of manufacturers. (a) To comply with sub. (2) (a) 2., a manufacturer shall annually, no later than September 1, submit to the department a registration that includes all of the following:

SB107,11,7 1. A list of the manufacturer's brands of covered electronic devices offered for sale in this state.

SB107,11,9 2. The name, address, and contact information of an individual responsible for ensuring compliance with this section.

SB107,11,11 3. A certification that the manufacturer has complied, and will continue to comply, with the requirements of this section.

SB107,11,13 (b) Beginning with the registration due by September 1, 2010, a manufacturer shall indicate in its registration under par. (a) which of the following applies:

SB107,11,16 1. The manufacturer's covered electronic devices comply with the European Union directive on the restriction of the use of hazardous substances in electrical and electronic equipment, 2002/95/EC or a successor directive.

SB107,11,19 2. The manufacturer's covered electronic devices do not comply with the European Union directive on the restriction of the use of hazardous substances in electrical and electronic equipment, 2002/95/EC or a successor directive.

SB107,11,24 (c) Notwithstanding the deadline in par. (a), a manufacturer who begins selling covered electronic devices after September 1, 2009, and who has not previously submitted a registration under this subsection shall submit a registration to the department not more than 10 days after the day on which the manufacturer begins selling or offering to sell covered electronic devices.

SB107,12,3 (d) If a manufacturer changes the brands that it sells or offers to sell, the manufacturer shall update its registration not more than 10 days after making the change.

SB107,12,5 (e) A complete registration is effective on receipt by the department and is valid until the following September 1 unless revoked before that date.

SB107,12,8 (f) Within 20 business days after the receipt of a registration under this subsection, the department shall review the registration submitted and notify the manufacturer if the registration is not complete.

SB107,12,11 (4) Manufacturer recycling targets, fees, and recycling credits. (a) Payment. To comply with sub. (2) (a) 3., a manufacturer shall pay fees as provided in this subsection with the registration that it submits under sub. (3).

SB107,12,14 (b) Registration fees. 1. If the manufacturer sold at least 100 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $5,000, except, as provided under sub. (10) (k).

SB107,12,17 2. If the manufacturer sold at least 25 but fewer than 100 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $1,250.

SB107,12,20 3. If the manufacturer sold fewer than 25 covered electronic devices in this state during the previous program year, the manufacturer is not required to pay a registration fee.

SB107,12,25 (bm) Shortfall fees. In addition to the registration fee, beginning in 2010, a manufacturer shall pay shortfall fees under par. (c) or (d) if the amounts calculated under those provisions are positive numbers, except that a manufacturer is not required to pay shortfall fees until its covered electronic devices have been sold or offered for sale to households in this state for 3 full program years.

SB107,13,2 (c) Annual shortfall fee in 2010. The annual shortfall fee to be paid in 2010 by a manufacturer is calculated as follows:

SB107,13,6 1. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's covered electronic devices sold to households in this state, as reported in 2010 under sub. (5) (a), by 0.8 and multiplying the product by 0.75.

SB107,13,9 2. Determine the actual recycling weight equal to the weight of eligible electronic devices recycled by or on behalf of the manufacturer during the last 3 program quarters of program year 2009-10, as determined under par. (f) 2.

SB107,13,11 3. Subtract the actual recycling weight, determined under subd. 2., from the target recycling weight, determined under subd. 1.

SB107,13,13 4. Multiply the amount determined under subd. 3. by the estimated cost of recycling determined as follows:

SB107,13,16 a. Fifty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is less than 50 percent of the target recycling weight, determined under subd. 1.

SB107,13,20 b. Forty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is at least 50 percent but not more than 90 percent of the target recycling weight, determined under subd. 1.

SB107,13,23 c. Thirty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is more than 90 percent of the target recycling weight, determined under subd. 1.

SB107,13,25 (d) Annual shortfall fee after 2010. The annual shortfall fee to be paid by a manufacturer in a year after 2010 is calculated as follows:

SB107,14,3 1. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's covered electronic devices sold to households in this state, as reported in that year under sub. (5) (a), by 0.8.

SB107,14,8 2. Determine the actual recycling weight by adding the weight of eligible electronic devices recycled by or on behalf of the manufacturer during the previous program year, as determined under par. (f) 1., plus the number of recycling credits that a manufacturer elects to use, as reported to the department under sub. (5) (c) 3.

SB107,14,10 3. Subtract the actual recycling weight, determined under subd. 2., from the target recycling weight, determined under subd. 1.

SB107,14,12 4. Multiply the amount determined under subd. 3. by the estimated cost of recycling determined as follows:

SB107,14,15 a. Fifty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is less than 50 percent of the target recycling weight, determined under subd. 1.

SB107,14,19 b. Forty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is at least 50 percent but not more than 90 percent of the target recycling weight, determined under subd. 1.

SB107,14,22 c. Thirty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is more than 90 percent of the target recycling weight, determined under subd. 1.

SB107,15,4 (e) Recycling credits. If, for a program year, the weight of eligible electronic devices recycled by or on behalf of a manufacturer, as determined under par. (f) 1., exceeds the target recycling weight determined under par. (c) 1. or (d) 1., the manufacturer has a number of recycling credits equal to 20 percent of the number of excess pounds. The manufacturer may use the credits for the purpose of par. (d) 2. for any of the 3 succeeding program years or may sell credits to another manufacturer for use for any of the 3 succeeding program years.

SB107,15,11 (f) Weight recycled. 1. The weight of eligible electronic devices recycled by or on behalf of a manufacturer for a program year is the weight reported under sub. (5) (b) for that program year, except that if the manufacturer reports separately the weight of eligible electronic devices used by households in rural counties and used by households in urban counties for a program year, the weight is determined by adding the weight used by households in urban counties in that program year and 1.25 times the weight used by households in rural counties in that program year.

SB107,15,18 2. The weight of eligible electronic devices recycled by or on behalf of a manufacturer for the last 3 program quarters of program year 2009-10 is the weight reported under sub. (5) (b) for that period, except that if the manufacturer reports separately the weight of eligible electronic devices used by households in rural counties and used by households in urban counties for that period, the weight is determined by adding the weight used by households in urban counties in that period and 1.25 times the weight used by households in rural counties in that period.

SB107,15,22 (5) Manufacturers reporting requirements. (a) Weight of covered electronic devices sold. 1. Except as provided in subd. 3., with the registration that it submits under sub. (3) beginning in 2010, a manufacturer shall report one of the following to the department:

SB107,15,25 a. The total weight of each model of its covered electronic devices sold to households in this state during the program year that began 36 months before the beginning of the program year in which the report is made.

SB107,16,3 b. The total weight of all of its covered electronic devices sold to households in this state during the program year that began 36 months before the beginning of the program year in which the report is made.

SB107,16,6 c. An estimate, based on national sales data, of the total weight of its covered electronic devices sold to households in this state during the program year that began 36 months before the beginning of the program year in which the report is made.

SB107,16,8 2. A manufacturer shall include in the report required under subd. 1. a description of how the manufacturer calculated the weight reported under subd. 1.

SB107,16,11 3. A manufacturer is not required to report under subd. 1. until its covered electronic devices have been sold or offered for sale to households in this state for one full program year.

SB107,17,2 (b) Weight of eligible electronic devices recycled. With the registration that it submits under sub. (3) in 2010, a manufacturer shall report to the department the total weight of eligible electronic devices used by households in this state that were collected by or delivered to the manufacturer for recycling by the manufacturer or that were collected by or delivered to a registered recycler for recycling on behalf of the manufacturer during the last 3 program quarters of the preceding program year. Beginning in 2011, with the registration that it submits under sub. (3), a manufacturer shall report to the department the total weight of eligible electronic devices used by households in this state that were collected by or delivered to the manufacturer for recycling by the manufacturer or that were collected by or delivered to a registered recycler for recycling on behalf of the manufacturer during the preceding program year. A manufacturer may report separately the weight of eligible electronic devices used by households in rural counties and used by households in urban counties for the purpose of obtaining the weight adjustment under sub. (4) (f) for eligible electronic devices received from households in rural counties.

SB107,17,4 (c) Recycling credits. With the registration that it submits under sub. (3), beginning in 2011, a manufacturer shall report all of the following to the department:

SB107,17,6 1. The number of recycling credits that the manufacturer purchased during the preceding program year.

SB107,17,8 2. The number of recycling credits that the manufacturer sold during the preceding program year.

SB107,17,10 3. The number of recycling credits that the manufacturer elects to use in the calculation of its shortfall fees under sub. (4) (d) 2.

SB107,17,12 4. The number of recycling credits available to the manufacturer after calculating its shortfall fees under sub. (4) (d) 2.

SB107,17,18 (7) Collectors. (a) Registration. 1. Beginning on August 1, 2009, no person may operate as a collector delivering or arranging for the delivery of eligible electronic devices to a registered recycler for recycling on behalf of a manufacturer who is registered under sub. (3) unless the person submits to the department an annual registration, using a form prescribed by the department, that includes all of the following:

SB107,17,19 a. The name, address, and contact information of a responsible individual.

SB107,17,20 b. The street address of all facilities at which the person operates as a collector.

SB107,17,24 c. A certification that the person has all governmental licenses or other approvals that are required to operate as a collector and has complied, and will continue to comply, with the requirements of this subsection and with applicable health, environmental, safety, and financial responsibility requirements.

SB107,18,2 2. A complete registration is effective on receipt by the department and is valid until the following August 1 unless suspended or revoked before that date.

SB107,18,9 (b) Reports and records. No later than August 1 of each program year, beginning August 1, 2010, a registered collector shall report to the department the total weight of eligible electronic devices collected in this state during the preceding program year and the names of all registered recyclers to whom the collector delivered eligible electronic devices. A registered collector shall maintain records of the sources of eligible electronic devices it collects and of the registered recyclers to whom the collector delivers eligible electronic devices.

SB107,18,11 (c) Limitation. A registered collector may not use prison labor to collect eligible electronic devices the weight of which was or will be reported under sub. (5) (b).

SB107,18,16 (8) Recyclers. (a) Registration. 1. Beginning on August 1, 2009, no person may operate as a recycler receiving eligible electronic devices on behalf of a manufacturer who is registered under sub. (3) unless the person submits to the department an annual registration, using a form prescribed by the department, that includes all of the following:

SB107,18,17 a. The name, address, and contact information of a responsible individual.

SB107,18,18 b. The street address of all facilities at which the person conducts recycling.

SB107,18,19 c. The certification required under par. (d).

SB107,18,20 d. Documentation of the liability insurance required under this subsection.

SB107,18,22 2. A complete registration is effective on receipt by the department and is valid until the following August 1 unless suspended or revoked before that date.

SB107,19,2 (b) Reports and records. 1. No later than August 1 of each program year, beginning with August 1, 2010, a registered recycler shall report to the department the total weight of eligible electronic devices collected in this state that the recycler received for recycling on behalf of a manufacturer registered under sub. (3) during the preceding program year and the name of the manufacturer.

SB107,19,4 2. No later than February 1 of each program year, a registered recycler shall report to the department all of the following:

SB107,19,7 a. The total weight of eligible electronic devices collected in this state that the recycler received for recycling on behalf of a manufacturer during the first 6 months of the program year and the name of the manufacturer.

SB107,19,11 b. The total weight of eligible electronic devices collected in this state that the recycler received for recycling during the first 6 months of the program year in anticipation of attributing them to a manufacturer for the purposes of the program under this section.

SB107,19,14 3. A registered recycler shall maintain records of the sources of eligible electronic devices collected in this state that the recycler receives for recycling on behalf of a manufacturer registered under sub. (3).

SB107,19,17 (c) Operational requirements. 1. A registered recycler shall maintain liability insurance coverage in the amount of at least $1,000,000 for environmental releases, accidents, and other emergencies.

SB107,19,19 2. A registered recycler may not use prison labor to recycle eligible electronic devices the weight of which was or will be reported under sub. (5) (b).

SB107,20,4 3. A registered recycler shall maintain proof of financial responsibility ensuring the availability of funds in an amount sufficient to cover the estimated costs of paying another person to close the facilities at which recycling is conducted, including managing any remaining eligible electronic devices or materials derived from eligible electronic devices and performing any necessary environmental cleanup. The registered recycler shall maintain, and provide to the department upon request, an itemized statement of the estimated costs in a form specified by the department and documentation of the source of the estimates. The registered recycler may provide the proof of financial responsibility required under this subdivision using one of the following:

SB107,20,5 a. A surety bond.

SB107,20,7 b. A deposit of cash, certificates of deposit, or securities issued by the federal government.

SB107,20,8 c. An escrow account.

SB107,20,9 d. An irrevocable letter of credit.

SB107,20,10 e. An irrevocable trust.

SB107,20,18 4. A registered recycler shall maintain, and make available to manufacturers upon request, records that can be used to determine, for each program year, the total weight of eligible electronic devices received by the recycler, the weight of materials derived from eligible electronic devices that the registered recycler sends to another person for use in a manufacturing process or for recovery of useable materials, and the weight of materials derived from eligible electronic devices that the registered recycler sends to be disposed of in a solid waste disposal facility or burned at a solid waste treatment facility.

SB107,20,20 5. A registered recycler shall maintain, and make available to manufacturers upon request, records that do all of the following:

SB107,20,22 a. Identify each person who received from the registered recycler materials derived from eligible electronic devices.

SB107,20,25 b. If a person identified under subd. 5. a. does not use the materials in a manufacturing process, identify each person who receives from the person identified under subd. 5. a. materials derived from eligible electronic devices.

SB107,21,4 6. A registered recycler shall maintain records that show the actions that it takes to ensure that the persons identified under subd. 5. use the materials derived from eligible electronic devices in a manufacturing process or for recovery of useable materials.

SB107,21,7 7. A registered recycler shall prepare and maintain a written contingency plan for responding to releases of hazardous substances that complies with the requirements in s. NR 664.0052, Wis. Adm. Code.