2009 WISCONSIN ACT
50
An Act
to amend
287.91 (2), 287.95 (1) and 287.97; and
to create
20.370 (2) (hr), 25.49 (1m), 287.07 (5), 287.09 (2) (ar), 287.13 (5) (i) and 287.17 of the statutes;
relating to:
the sale, disposal, collection, and recycling of electronic devices, granting rule-making authority, making an appropriation, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
20.370 (2) (hr) of the statutes is created to read:
20.370
(2)
(hr)
Electronic waste recycling.
From the recycling and renewable energy fund, all moneys received under s. 287.17 (4) and (10) (j) for administration of the electronic waste recycling program under s. 287.17.
Section
2
.
25.49 (1m) of the statutes is created to read:
25.49
(1m)
The moneys received under s. 287.17 (4) and (10) (j).
Section
3
.
287.07 (5) of the statutes is created to read:
287.07
(5)
Electronic devices.
(a) Beginning on September 1, 2010, no person may dispose of in a solid waste disposal facility, burn in a solid waste treatment facility, or place in a container the contents of which will be disposed of in a solid waste disposal facility or burned in a solid waste treatment facility, any of the following devices, unless the device is of a kind exempted by a rule promulgated under s. 287.17 (10) (i):
1. A peripheral, as defined in s. 287.17 (1) (j).
3. A facsimile machine.
4. A digital video disc player.
5. A digital video player that does not use a disc and that is not a camera, as defined in s. 287.17 (1) (a).
6. A video cassette recorder.
7. A video recorder that does not use a cassette and that is not a camera, as defined in s. 287.17 (1) (a).
8. A covered electronic device, as defined in s. 287.17 (1) (f).
9. A telephone with a video display.
10. Another kind of electronic device identified by the department under s. 287.17 (10) (i).
(b) The operator of a solid waste disposal facility or a solid waste treatment facility shall make a reasonable effort to manually separate, and arrange to have recycled, a consumer video display device, as defined in s. 287.17 (1) (em), that is readily observable in solid waste that is delivered to the facility for disposal or burning unless the operator determines that one of the following applies:
1. Separating the device is not practical or would require the operator to implement measures to protect human health or safety in addition to any measures taken in the ordinary course of business.
2. The device has been damaged in such a way that recycling is not feasible or practical.
Section
4
.
287.09 (2) (ar) of the statutes is created to read:
287.09
(2)
(ar) Beginning on February 1, 2010, provide information to persons in its region about the prohibitions under s. 287.07 (5) (a), why it is important to recycle electronic devices, and opportunities available to those persons for recycling electronic devices.
Section
5
.
287.13 (5) (i) of the statutes is created to read:
287.13
(5)
(i) Solid waste that consists of eligible electronic devices, as defined in s. 287.17 (1) (gs), used by households or schools.
Section
6
.
287.17 of the statutes is created to read:
287.17
Electronic waste recycling.
(1)
Definitions.
In this section:
(a) "Camera" means a device that records images and that is designed to be hand-held.
(am) "Cathode-ray tube" means a vacuum tube used to convert an electronic signal into a visual image.
(b) "Collection" means the act of receiving eligible electronic devices from households or schools and delivering, or arranging for the delivery of, the eligible electronic devices to a recycler.
(c) "Collector" means a person who receives eligible electronic devices from households or schools and delivers, or arranges for the delivery of, the eligible electronic devices to a recycler.
(d) "Computer monitor" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a consumer computer or the Internet.
(e) "Consumer computer" means a high-speed data processing device for performing logical, arithmetic, or storage functions that is marketed by the manufacturer for use by households or schools, except that "consumer computer" does not include an automated typewriter or typesetter, a portable hand-held calculator or device, or other similar device.
(eg) 1. "Consumer printer" means, except as provided in subd. 2., one of the following that is marketed by the manufacturer for use by households or schools:
a. A desktop printer.
b. A device that prints and has other functions, such as copying, scanning, or sending facsimiles, and that is designed to be placed on a work surface.
2. "Consumer printer" does not include a calculator with printing capabilities or a label maker.
(em) "Consumer video display device" means a television or computer monitor with a tube or screen that is at least 7 inches in its longest diagonal measurement and that is marketed by the manufacturer for use by households or schools, except that "consumer video display device" does not include any of the following:
1. A television or computer monitor that is part of a motor vehicle and that is incorporated into the motor vehicle by, or for, a motor vehicle manufacturer or a franchised motor vehicle dealer.
2. A television or computer monitor that is contained within a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or stove, dishwasher, room air conditioner, dehumidifier, or air purifier.
(f) "Covered electronic device" means a consumer video display device, a consumer computer, or a consumer printer.
(g) "Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
(gm) "Electronic device" means a device that requires electric current or electromagnetic fields to function and that contains a circuit board.
(gs) "Eligible electronic device" means a device that is one of the following and that is used by a household primarily for personal use or by a school, unless the device is of a kind exempted by a rule promulgated under s. 287.17 (10) (i):
1. A consumer computer.
2. A peripheral.
3. A facsimile machine.
4. A digital video disc player.
4m. A digital video player that does not use a disc and that is not a camera.
5. A video cassette recorder.
5m. A video recorder that does not use a cassette and that is not a camera.
6. A consumer video display device.
6m. A consumer printer.
7. Another kind of electronic device identified by the department under sub. (10) (i).
(h) "Household" means one or more individuals who occupy one dwelling unit in a detached or multiunit building.
(i) "Manufacturer" means a person who does any of the following:
1. Manufactures covered electronic devices to be sold under the person's own brand.
2. Sells covered electronic devices manufactured by others under the person's own brand.
3. Except as provided in sub. (1m), licenses the person's brand for manufacture and sale of covered electronic devices by others.
(j) "Peripheral" means a keyboard or any other device, other than a consumer printer, that is sold exclusively for external use with a consumer computer and that provides input into or output from a consumer computer.
(jm) "Program quarter" means a 3-month period ending on March 31, June 30, September 30, or December 31.
(k) "Program year" means the period from July 1 to the following June 30.
(L) "Recycler" means a person who accepts eligible electronic devices from households, schools, or collectors for the purpose of recycling. "Recycler" does not include a manufacturer who accepts products exclusively for refurbishing or repair.
(m) "Recycling" means preparing eligible electronic devices for use in manufacturing processes or for recovery of useable materials and delivering the materials for use. "Recycling" does not include destruction by incineration or other processes or land disposal of recyclable materials and does not include reuse, repair, or any other process through which eligible electronic devices are returned for use by households or schools in their original form.
(mg) "Registered collector" means a collector who is registered under sub. (7).
(mr) "Registered recycler" means a recycler who is registered under sub. (8).
(n) "Retailer" means a person who sells a covered electronic device to a household or school in this state, in person or by mail, telephone, or the Internet, for use by the household or school.
(nm) "Rural county" means a county that is not an urban county.
(np) "School" means a public school, as defined in s. 115.01 (1), or a private school participating in the program under s. 119.23.
(o) "Sell" means to transfer title or right to use for consideration.
(p) "Television" means an electronic device, with a cathode ray-tube or flat panel display, primarily intended to receive video programming via broadcast, cable, or satellite transmission or to receive video images from surveillance or similar cameras.
(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.
(1m)
Transfer of manufacturer responsibilities.
If a person who licenses the person's brand for manufacture and sale of covered electronic devices by another enters into a contract with the licensee under which the licensee assumes the responsibilities that arise under sub. (2) (a) from the sale of those covered electronic devices, the licensee, rather than the licensor, is the manufacturer of the covered electronic devices.
(2)
Requirements for sale of covered electronic devices.
(a)
Manufacturers.
Beginning on February 1, 2010, a manufacturer may not sell to a household or school, offer to sell to a household or school, or deliver to a retailer for subsequent sale to a household or school a new covered electronic device unless all of the following apply:
1. The manufacturer permanently affixes a label to the covered electronic device that is readily visible and that shows the manufacturer's brand.
2. The manufacturer is registered with the department in accordance with sub. (3).
3. The manufacturer pays the fees under sub. (4).
4. The manufacturer recycles or arranges for the recycling, by a registered recycler, of eligible electronic devices used by households or schools in this state.
5. The manufacturer reports as required under sub. (5).
(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.
(c)
Retailers.
1. Beginning on July 1, 2010, a retailer may not sell or offer for sale to a household or school 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).
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 or school, but only if the sale takes place fewer than 180 days after the revocation or expiration.
(3)
Registration of manufacturers.
(a) To comply with sub. (2) (a) 2., a manufacturer shall, no later than February 1, 2010, and annually, no later than September 1 beginning in 2010, submit to the department a registration that includes all of the following:
1. A list of the manufacturer's brands of covered electronic devices offered for sale in this state.
2. The name, address, and contact information of an individual responsible for ensuring compliance with this section.
3. A certification that the manufacturer has complied, and will continue to comply, with the requirements of this section.
(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:
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.
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.
(c) Notwithstanding the deadline in par. (a), a manufacturer who begins selling covered electronic devices after February 1, 2010, 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.
(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.
(e) A complete registration is effective on receipt by the department and is valid until the following September 1 unless revoked before that date.
(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.
(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).
(b)
Registration fees.
1. If the manufacturer sold at least 250 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).
2. If the manufacturer sold at least 25 but fewer than 250 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $1,250.
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.
(bm)
Shortfall fees.
In addition to the registration fee, beginning in 2011, a manufacturer shall pay shortfall fees under par. (d) if the amounts calculated under that provision 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 or schools in this state for 3 full program years and except as provided under par. (g).
(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:
1. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's covered electronic devices sold to households or schools in this state during the program year that began 36 months before the beginning of the program year in which the calculation is made, as reported under sub. (5) (a), by 0.8.
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.
3. Subtract the actual recycling weight, determined under subd. 2., from the target recycling weight, determined under subd. 1.
4. Multiply the amount determined under subd. 3. by the estimated cost of recycling determined as follows:
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.
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.
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.
(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.
(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.
(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 or schools in rural counties and used by households or schools in urban counties for a program year, the weight is determined by adding the weight used by households or schools in urban counties in that program year and 1.25 times the weight used by households or schools in rural counties in that program year.
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 schools in rural counties and used by households or schools in urban counties for that period, the weight is determined by adding the weight used by households or schools in urban counties in that period and 1.25 times the weight used by households or schools in rural counties in that period.
(g)
Relief from shortfall fee.
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.
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.
(5)
Manufacturers reporting requirements.
(a)
Weight of covered electronic devices sold.
1. Except as provided in subd. 3., with each registration that it submits under sub. (3), a manufacturer shall report one of the following to the department:
a. The total weight of each model of its covered electronic devices sold to households or schools in this state during the program year that began 24 months before the beginning of the program year in which the report is made.
b. The total weight of all of its covered electronic devices sold to households or schools in this state during the program year that began 24 months before the beginning of the program year in which the report is made.
c. An estimate, based on national sales data, of the total weight of its covered electronic devices sold to households or schools in this state during the program year that began 24 months before the beginning of the program year in which the report is made.
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.
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 schools in this state for one full program year.
4. The department may reject a manufacturer's report under subd. 1. if it determines that the report is not complete or not reasonably accurate.
(b)
Weight of eligible electronic devices recycled.
With the registration that it submits under sub. (3) that is due by September 1, 2010, a manufacturer shall report to the department the total weight of eligible electronic devices used by households or 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 last 2 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 or 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 may report separately the weight of eligible electronic devices used by households or schools in rural counties and used by households or schools in urban counties for the purpose of obtaining the weight adjustment under sub. (4) (f) for eligible electronic devices received from households or schools in rural counties.
(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:
1. The number of recycling credits that the manufacturer purchased during the preceding program year.
2. The number of recycling credits that the manufacturer sold during the preceding program year.
3. The number of recycling credits that the manufacturer elects to use in the calculation of its shortfall fees under sub. (4) (d) 2.
4. The number of recycling credits available to the manufacturer after calculating its shortfall fees under sub. (4) (d) 2.
(7)
Collectors.
(a)
Registration.
1. Beginning on January 1, 2010, 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 January 1, 2010, and annually, no later than August 1 beginning in 2010, to the department a registration, using a form prescribed by the department, that includes all of the following:
a. The name, address, and contact information of a responsible individual.
b. The street address of all facilities at which the person operates as a collector.
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.
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.
(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.
(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).
(8)
Recyclers.
(a)
Registration.
1. Beginning on January 1, 2010, 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 is registered under this paragraph. A person shall register by submitting, no later than January 1, 2010, and annually, no later than August 1 beginning in 2010, to the department a registration, using a form prescribed by the department, that includes all of the following:
a. The name, address, and contact information of a responsible individual.
b. The street address of all facilities at which the person conducts recycling.
c. The certification required under par. (d).
d. Documentation of the liability insurance required under this subsection.
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.
(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.
2. No later than February 1 of each program year, beginning in 2011, a registered recycler shall report to the department all of the following:
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.
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.
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).
(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.
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).
3. A registered recycler shall maintain proof of financial responsibility ensuring the availability of funds in an amount sufficient to cover the reasonable 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:
a. A surety bond.
b. A deposit of cash, certificates of deposit, or securities issued by the federal government.
c. An escrow account.
d. An irrevocable letter of credit.
e. An irrevocable trust.
4. A registered recycler shall maintain records that can be used to determine, for each program year, the total weight of eligible electronic devices recycled by the recycler on behalf of manufacturers under this section, the weight of materials derived from those 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 those 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.
5. A registered recycler shall maintain records that do all of the following:
a. Identify each person who received from the registered recycler materials derived from eligible electronic devices recycled on behalf of manufacturers under this section.
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 recycled on behalf of manufacturers under this section.
5m. A registered recycler shall make the information under subds. 4. and 5. for a program year available, upon request, to a manufacturer on behalf of whom the recycler recycled eligible electronic devices under this section in that program year, except that if the recycler maintains a system under which it tracks eligible electronic devices recycled on behalf of one manufacturer, and the disposition of the materials derived from those eligible electronic devices, separately from other eligible electronic devices that it recycles, the recycler is only required to provide to that manufacturer the information under subds. 4. and 5. concerning the eligible electronic devices recycled on behalf of that manufacturer.
6. A registered recycler shall maintain records that show the actions that it takes in a program year 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 and shall make that information available upon request to a manufacturer on behalf of whom the recycler recycles eligible electronic devices under this section in that program year.
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.
8. A registered recycler shall comply with any other operational requirement in rules promulgated under par. (e).
(d)
Certification.
As a condition of registration under par. (a), a registered recycler shall submit to the department a certification that states that the registered recycler does all of the following:
1. Complies with par. (c).
2. Complies with federal, state, and local requirements concerning the storage, transportation, processing, and exporting of eligible electronic devices and materials derived from eligible electronic devices, including the requirements in
40 CFR 261.39
(a) (5) and 273.20 and requirements in rules promulgated under s. 291.05.
3. Complies with federal requirements under
29 CFR 1910.120
concerning occupational and environmental health and safety training for employees.
(e)
Modifying or adding requirements by rule.
The department shall review the requirements under par. (c) 1. to 7. to determine whether it is necessary to modify or add to those requirements so that the requirements applicable to registered recyclers are at least equivalent to nationally recognized standards for recycling eligible electronic devices. If the department determines that it is necessary to modify or add to the requirements under par. (c) 1. to 7., the department shall promulgate rules that modify or add to the requirements so that they are at least equivalent to nationally recognized standards for recycling eligible electronic devices. The department may not promulgate a rule under this paragraph that takes effect before the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date].
(9)
Retailers.
Beginning on July 1, 2010, a retailer who sells covered electronic devices for use by households or schools shall provide to purchasers information describing how eligible electronic devices can be collected and recycled and a description of the prohibitions in s. 287.07 (5) (a). 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.
(9m)
Record keeping and inspection.
A person subject to sub. (3), (7), (8), or (9) shall maintain records related to the program under this section and reports required under this section for at least 3 years. The department may inspect records of a person subject to sub. (3), (7), (8), or (9) that are related to the program under this section.
(10)
Powers and duties of the department.
(a)
Internet site; manufacturers.
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 covered electronic devices sold for household or school use and that the list of manufacturers is not a list of manufacturers qualified to sell video display devices, computers, or printers for industrial, commercial, or other nonhousehold or nonschool uses. The department shall also include on the Internet site the contact information provided by manufacturers under sub. (3) (a) 2.
(am)
Internet site; recyclers.
The department shall maintain an Internet site on which the department lists the names of registered recyclers. The department shall update the information on the Internet site promptly upon receipt of a new or revised registration.
(b)
Providing information.
Except as provided in par. (bm), 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.
(bm)
Confidentiality.
1. The department shall keep confidential any part of a record, report, or other information obtained in the administration of this section upon receiving an application for confidential status by any person containing a showing satisfactory to the department that the part of a record, report, or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
2. If the department refuses to release information on the grounds that it is confidential under subd. 1. and anyone challenges that refusal, the department shall inform the person who submitted the application under subd. 1. of that challenge. Unless that person authorizes the department to release the information, that person shall pay the reasonable costs incurred by this state to defend the refusal to release the information.
3. Subdivision 1. does not prevent the disclosure of any information to a representative of the department for the purpose of administering this section or to an officer, employee, or authorized representative of the federal government for the purpose of administering federal law. When the department provides information that is confidential under subd. 1. to the federal government, the department shall also provide a copy of the application for confidential status.
(c)
Review of formula.
1. The department shall annually review all of the following:
a. The number by which the weight of covered electronic devices sold is multiplied under sub. (4) (d) 1. to determine target recycling weight.
b. The estimated cost of recycling under sub. (4) (d) 4.
c. The registration fees under sub. (4) (b).
d. The multiplier for the weight of eligible electronic devices collected from households or schools in rural counties under sub. (4) (f).
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.
(cm)
Report concerning sales information.
The department shall evaluate the accuracy of the information provided by manufacturers under sub. (5) (a) in 2010 and whether the weight of each manufacturer's covered electronic devices sold in this state should be based on national sales data obtained from 3rd parties. Before December 1, 2011, the department shall report the results of its evaluation to the legislature under s. 13.172 (2) and to the governor.
(d)
Annual report.
Before December 1 of each year, beginning in 2012, 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:
1. The total weight of eligible electronic devices recycled.
2. A summary of the information provided by manufacturers and recyclers under subs. (5) and (8).
3. Information concerning the recycling programs used by manufacturers to recycle eligible electronic devices.
4. Information concerning the collection and recycling of eligible electronic devices by persons other than registered manufacturers, registered collectors, and registered recyclers.
5. Information about any disposal of eligible electronic devices in landfills and any burning of eligible electronic devices in solid waste treatment facilities in this state.
6. A description of any actions taken to enforce the requirements of this section.
7. Any recommendations to apply the requirements under sub. (2) to additional kinds of devices.
(e)
Report concerning federal legislation.
If a federal law relating to the collection and recycling of covered electronic 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.
(f)
Outreach and communication.
1. The department shall promote public participation in the collection and recycling of eligible 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 eligible electronic devices that are available for recycling.
2. The department shall assist recyclers to identify federal and state requirements concerning the storage, transportation, export, and processing of eligible electronic devices and materials derived from eligible electronic devices. The department shall assist collectors to identify health, environmental, safety, and financial responsibility requirements applicable to collectors.
(g)
Cooperation with other states.
The department may cooperate with other states to effectuate the program under this section. The department may, with other states, operate a regional system for creating, trading, and selling credits for recycling eligible electronic devices.
(h)
Suspension and revocation.
The department may revoke the registration of a manufacturer who violates sub. (2) (a), (3), (4), or (5). The department may suspend or revoke the registration of a collector or recycler who violates sub. (7) or (8).
(i)
Addition or exemption of eligible electronic devices.
If the department determines that the disposal or burning of a kind of electronic device that is not listed in sub. (1) (gs) in a solid waste facility may be harmful to human health or the environment, the department may promulgate a rule specifying that the kind of electronic device is an eligible electronic device, is subject to s. 287.07 (5) (a), or both. If the department determines that the disposal or burning of a kind of electronic device that is listed in sub. (1) (gs) or s. 287.07 (5) (a) in a solid waste facility is not harmful to human health and is not harmful to the environment or if the department determines that it is not feasible to require the recycling of a kind of electronic device that is listed in sub. (1) (gs) or s. 287.07 (5) (a), the department may promulgate a rule specifying that the kind of electronic device is not an eligible electronic device, is not subject to s. 287.07 (5) (a), or both. The department may not promulgate a rule under this paragraph that takes effect before the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date].
(j)
Audits.
The department may perform or contract for the performance of an audit of the activities of a registered collector or registered 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.
(k)
Modification of registration fee.
The department may modify the registration fee under sub. (4) (b) 1. by rule. The department may not promulgate a rule under this paragraph that takes effect before the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date].
(11)
Penalties.
(a)
Manufacturer.
Any manufacturer who violates this section may be required to forfeit not more than $10,000 for each violation.
(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.
Section
7
.
287.91 (2) of the statutes is amended to read:
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.
Section
8
.
287.95 (1) of the statutes is amended to read:
287.95
(1)
Any person who violates s. 287.07 (1m)
or (5)
may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.
Section
9
.
287.97 of the statutes is amended to read:
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.
Section
10
.
Nonstatutory provisions.
(1)
Permanent position authorization.
The authorized FTE positions for the department of natural resources are increased by 1.0 SEG position, 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.
(2)
Project position authorization.
(a) The authorized FTE positions for the department of natural resources are increased by 1.0 SEG 2-year project position, to be funded from the appropriation under section 20.370 (2) (hq) of the statutes, for start up of the electronic waste recycling program.
(b) The authorized FTE positions for the department of natural resources are increased by 1.0 SEG 2-year project position, to be funded from the appropriation under section 20.370 (2) (hr) of the statutes, as created by this act, for start up of the electronic waste recycling program.
(2m)
Report on electronic waste generated in schools.
The department of natural resources shall study methods to ensure the proper recycling and disposal of electronic waste generated in schools. The department shall report the results of the study, including its recommendations, to the standing committees of each house of the legislature with jurisdiction over environmental matters no later than the first day of the 13th month beginning after the effective date of this subsection.
Section
11
.
Fiscal changes.
(1)
Funding for positions and administration.
In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (2) (hq) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $170,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect for administration of the electronic waste recycling program and to increase the authorized FTE positions for the department by 1.0 SEG position for administration of the electronic waste recycling programs, and to fund the 1.0 FTE SEG project position authorized under
Section
10 (2) (a
) of this act. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (2) (hq) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $160,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect for administration of the electronic waste recycling program and to provide continued funding for the positions authorized under this act.
Section
12
.
Effective dates.
This act takes effect on the day after publication, except as follows:
(1)
Section
11 (1
) takes effect on the day after publication or the 2nd day after publication of the 2009-11 biennial budget act, whichever is later.
