287.17(4)(d)4.c. 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.

287.17(4)(dm) (dm) Target recycling weight for 2010. A manufacturer's target recycling weight for the last 2 program quarters of program year 2009-10, is calculated by multiplying the number of pounds of the manufacturer's covered electronic devices sold to households in this state during program year 2007-08, as reported under sub. (5) (a), by 0.8 and multiplying the product by 0.5.

287.17(4)(e) (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. or 2., exceeds the target recycling weight determined under par. (d) 1. or (dm), the manufacturer has a number of recycling credits equal to the number of excess pounds or 20 percent of the target recycling weight, whichever is less. 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.

287.17(4)(f) (f) Weight recycled.

287.17(4)(f)1.1. 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 or covered schools in rural counties and used by households or covered schools in urban counties for a program year, the weight is determined by adding the weight used by households or covered schools in urban counties in that program year and 1.25 times the weight used by households or covered schools in rural counties in that program year.

287.17(4)(f)2. 2. The weight of eligible electronic devices recycled by or on behalf of a manufacturer for the last 2 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 or covered schools in rural counties and used by households or covered schools in urban counties for that period, the weight is determined by adding the weight used by households or covered schools in urban counties in that period and 1.25 times the weight used by households or covered schools in rural counties in that period.

287.17(4)(g) (g) Relief from shortfall fee.

287.17(4)(g)1.1. Instead of paying a shortfall fee under this subsection in a year, a manufacturer may submit, with its registration, a request for relief from the shortfall fee in that year along with information showing that the manufacturer has made good faith progress toward meeting its target recycling weight under par. (d) 1.

287.17(4)(g)2. 2. If the department determines that a manufacturer that makes a request under subd. 1. in a year has made good faith progress toward meeting its target recycling weight, the department shall waive the requirement that the manufacturer pay the shortfall fee in the year. If the department determines that the manufacturer has not made good faith progress toward meeting its target recycling weight, it shall notify the manufacturer and the manufacturer shall pay the shortfall fee within 60 days after receiving the notification.

287.17(5)(a) (a) Weight of covered electronic devices sold.

287.17(5)(a)1. 1. Except as provided in subd. 3. and subject to subd. 1m., with each registration that it submits under sub. (3), a manufacturer shall report one of the following to the department:

287.17(5)(a)1.a. a. The total weight of each model of its covered electronic devices sold to households or covered schools in this state during the program year that began 2 program years before the beginning of the program year in which the report is made.

287.17(5)(a)1.b. b. The total weight of all of its covered electronic devices sold to households or covered schools in this state during the program year that began 2 program years before the beginning of the program year in which the report is made.

287.17(5)(a)1.c. c. An estimate, based on national sales data, of the total weight of its covered electronic devices sold to households or covered schools in this state during the program year that began 2 program years before the beginning of the program year in which the report is made.

287.17(5)(a)1m. 1m. For a registration required to be submitted in 2022, the weights reported under subd. 1. a. to c. shall be the weights sold from July 1, 2020, to December 31, 2021. For a registration required to be submitted in 2024, the weights reported under subd. 1. a. to c. shall be the weights sold from January 1, 2022, to December 31, 2022. For a registration required to be submitted in 2025, the weights reported under subd. 1. a. to c. shall be the weights sold from January 1, 2023, to December 31, 2023.

287.17(5)(a)3. 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 or covered schools in this state for one full program year.

287.17(5)(b) (b) Weight of eligible electronic devices recycled. 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 or covered schools 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 shall also report separately the weight of eligible electronic devices used by households or covered schools in rural counties and used by households or covered schools in urban counties for the purpose of obtaining the weight adjustment under sub. (4) (f) for eligible electronic devices received from households or covered schools in rural counties.

287.17(5)(c) (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:

287.17(7)(a)(a) Registration.

287.17(7)(a)1.1. 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 is registered under this paragraph. A person shall register by submitting, no later than the first day of the 2nd month of each program year, to the department a registration, using a form prescribed by the department, that includes all of the following: