AB297: Bill Text

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:

AB297,1 Section 1 . 287.17 (1) (eg) 1. b. of the statutes is amended to read:

AB297,3,4 287.17 (1) (eg) 1. b. A device listed under par. (gs) 1. to 6. or 7. that prints and has other functions, such as copying, scanning, or sending facsimiles, and that is designed to be placed on a work surface.

AB297,2 Section 2 . 287.17 (1) (eg) 2. of the statutes is amended to read:

AB297,3,9 287.17 (1) (eg) 2. “Consumer printer" does not include a calculator with printing capabilities or a , label maker, or other similar household printing device; a floor-standing printer or printer with optional floor stand; or a point-of-sale receipt printer.

AB297,3 Section 3. 287.17 (1) (k) of the statutes is renumbered 287.17 (1) (k) (intro.) and amended to read:

AB297,3,13 287.17 (1) (k) (intro.) “Program year" means the period from July 1 to the following June 30. one of the following:

AB297,4 Section 4 . 287.17 (1) (k) 1. of the statutes is created to read:

AB297,3,16 287.17 (1) (k) 1. For any period before the beginning of the transition year, a period that runs from July 1 to the following June 30.

AB297,5 Section 5. 287.17 (1) (k) 2. of the statutes is created to read:

AB297,3,18 287.17 (1) (k) 2. The transition year.

AB297,6 Section 6. 287.17 (1) (k) 3. of the statutes is created to read:

AB297,3,21 287.17 (1) (k) 3. For any period after the end of the transition year, a period that runs from January 1 to the following December 31.

AB297,7 Section 7. 287.17 (1) (np) of the statutes is amended to read:

AB297,4,6 287.17 (1) (np) “School" means a public school, as defined in s. 115.01 (1), a private school participating in the program under s. 118.60, or a private school participating in the program under s. 119.23 elementary or secondary school, including a charter school, as defined in s. 115.001 (1), or a private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m).

AB297,8 Section 8. 287.17 (1) (pg) of the statutes is created to read:

AB297,4,10 287.17 (1) (pg) “Transition year" means the 18-month period from the July 1 following the effective date of this paragraph .... [LRB inserts date], to the December 31 of the following year.

AB297,9 Section 9. 287.17 (3) (a) (intro.) of the statutes is amended to read:

AB297,4,15 287.17 (3) (a) (intro.) 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 the first day of the 3rd month of each program year, submit to the department a registration that includes all of the following:

AB297,10 Section 10. 287.17 (3) (e) of the statutes is amended to read:

AB297,4,19 287.17 (3) (e) A complete registration is effective on receipt by the department and is valid until the first day of the 3rd month of the following September 1 program year unless revoked before that date.

AB297,11 Section 11 . 287.17 (4) (b) (intro.) of the statutes is created to read:

AB297,4,22 287.17 (4) (b) (intro.) In each program year other than the program year immediately following the transition year:

AB297,12 Section 12. 287.17 (4) (b) 1. of the statutes is amended to read:

AB297,5,3 287.17 (4) (b) 1. If the manufacturer sold at least 250 500 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).

AB297,13 Section 13. 287.17 (4) (b) 2. of the statutes is amended to read:

AB297,5,7 287.17 (4) (b) 2. If the manufacturer sold at least 25 250 but fewer than 250 500 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $1,250.

AB297,14 Section 14. 287.17 (4) (b) 3. of the statutes is amended to read:

AB297,5,11 287.17 (4) (b) 3. If the manufacturer sold fewer than 25 250 covered electronic devices in this state during the previous program year, the manufacturer is not required to pay a registration fee.

AB297,15 Section 15 . 287.17 (4) (be) of the statutes is created to read:

AB297,5,14 287.17 (4) (be) Registration fees immediately following the transition year. In the program year immediately following the transition year:

AB297,5,18 1. If the previous program year was the transition year and the manufacturer sold at least 750 covered electronic devices in this state during the transition year, the manufacturer shall pay a registration fee of $7,500, except as provided in sub. (10) (k).

AB297,5,21 2. If the previous program year was the transition year and the manufacturer sold at least 375 but fewer than 750 covered electronic devices in this state during the transition year, the manufacturer shall pay a registration fee of $1,875.

AB297,5,24 3. If the previous program year was the transition year and the manufacturer sold fewer than 375 covered electronic devices in this state during the transition year, the manufacturer is not required to pay a registration fee.

AB297,16 Section 16. 287.17 (4) (d) (intro.) of the statutes is amended to read:

AB297,6,2 287.17 (4) (d) Annual shortfall fee after 2010. (intro.) The annual shortfall fee to be paid by a manufacturer in a program year after 2010 is calculated as follows:

AB297,17 Section 17. 287.17 (5) (a) 1. a. of the statutes is amended to read:

AB297,6,7 287.17 (5) (a) 1. 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 2 program years before the beginning of the program year in which the report is made.

AB297,18 Section 18. 287.17 (5) (a) 1. b. of the statutes is amended to read:

AB297,6,12 287.17 (5) (a) 1. 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 2 program years before the beginning of the program year in which the report is made.

AB297,19 Section 19. 287.17 (5) (a) 1. c. of the statutes is amended to read:

AB297,6,17 287.17 (5) (a) 1. 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 2 program years before the beginning of the program year in which the report is made.

AB297,20 Section 20 . 287.17 (5) (b) of the statutes is amended to read:

AB297,7,10 287.17 (5) (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 shall also 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.

AB297,21 Section 21. 287.17 (7) (a) 1. (intro.) of the statutes is amended to read:

AB297,7,19 287.17 (7) (a) 1. (intro.) Beginning on January 1, 2010, no 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 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:

AB297,22 Section 22. 287.17 (7) (a) 2. of the statutes is amended to read:

AB297,7,23 287.17 (7) (a) 2. A complete registration is effective on receipt by the department and is valid until the first day of the 2nd month of the following August 1 program year unless suspended or revoked before that date.

AB297,23 Section 23. 287.17 (7) (b) of the statutes is amended to read:

AB297,8,8 287.17 (7) (b) Reports and records. No later than August 1 the first day of the 2nd month 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.

AB297,24 Section 24. 287.17 (8) (a) 1. (intro.) of the statutes is amended to read:

AB297,8,16 287.17 (8) (a) 1. (intro.) Beginning on January 1, 2010, no 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 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:

AB297,25 Section 25. 287.17 (8) (a) 2. of the statutes is amended to read:

AB297,8,20 287.17 (8) (a) 2. A complete registration is effective on receipt by the department and is valid until the first day of the 2nd month of the following August 1 program year unless suspended or revoked before that date.

AB297,26 Section 26 . 287.17 (8) (b) 1. of the statutes is renumbered 287.17 (8) (b) (intro.) and amended to read:

AB297,9,3 287.17 (8) (b) Reports and records Annual reporting requirements. (intro.) No later than August 1 the first day of the 2nd month 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. all of the following:

AB297,27 Section 27 . 287.17 (8) (b) 1m., 2m., 3m., 4. and 5. of the statutes are created to read:

AB297,9,8 287.17 (8) (b) 1m. 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.

AB297,9,11 2m. The 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, separated into the following categories:

AB297,9,12 a. Televisions that contain a cathode-ray tube.

AB297,9,13 b. Televisions that do not contain a cathode-ray tube.

AB297,9,14 c. Computer monitors that contain a cathode-ray tube.

AB297,9,15 d. Computer monitors that do not contain a cathode-ray tube.

AB297,9,16 e. Consumer computers.

AB297,9,18 f. Consumer printers and other eligible electronic devices not included under subd. 2m. a. to e.

AB297,9,21 3m. The estimated weight of materials derived from the devices described in subd. 1m. during the preceding program year, separated into the following categories:

AB297,9,22 a. Cathode-ray tube glass.

AB297,9,23 b. Glass, not including cathode-ray tube glass.

AB297,9,24 c. Metals.

AB297,9,25 d. Plastics.

AB297,10,1 e. Other materials.

AB297,10,5 4. The estimated weight of materials derived from the devices described in subd. 1m. that the registered recycler sent to another person for use in a manufacturing process or for recovery of usable materials during the preceding program year, separated into the categories under subd. 3m. a. to e.

AB297,10,9 5. The estimated weight of materials derived from the devices described in subd. 1m. that the registered recycler sent to be disposed of in a solid waste disposal facility or burned at a solid waste treatment facility during the preceding program year, separated into the categories under subd. 3m. a. to e.

AB297,28 Section 28 . 287.17 (8) (b) 2. of the statutes is renumbered 287.17 (8) (bm), and 287.17 (8) (bm) (intro.), as renumbered, is amended to read:

AB297,10,14 287.17 (8) (bm) Mid-year reporting requirements. (intro.) No later than February 1 the first day of the 8th month of each program year, beginning in 2011, a registered recycler shall report to the department all of the following:

AB297,29 Section 29 . 287.17 (8) (b) 3. of the statutes is renumbered 287.17 (8) (bs).

AB297,30 Section 30 . 287.17 (8) (c) 4. of the statutes is amended to read:

AB297,10,24 287.17 (8) (c) 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 usable 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 weights described in par. (b) 1m. to 5.

AB297,31 Section 31. 287.17 (9m) of the statutes is amended to read:

AB297,11,5 287.17 (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 program 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.

AB297,32 Section 32. 287.17 (10) (d) (intro.) of the statutes is amended to read:

AB297,11,11 287.17 (10) (d) Annual report. (intro.) Before December 1 of each program year , beginning in 2012 prior to the transition year, and before June 1 of each program year beginning with the transition year, 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:

AB297,33 Section 33. 287.17 (10) (j) of the statutes is amended to read:

AB297,11,21 287.17 (10) (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 of an audit of a collector or recycler during the first 3 program 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 program years in which the collector or recycler is registered, the collector or recycler shall pay 50 percent of the cost of the audit.

AB297,34 Section 34. 287.17 (10) (k) of the statutes is amended to read:

AB297,11,25 287.17 (10) (k) Modification of registration fee. The department may modify the registration fee fees under sub. (4) (b) 1. and (be) by rule. The department may not promulgate a rule under this paragraph that takes effect before October 1, 2011.