SB264: Bill Text

LRB-3048/1

MCP:amn

2019 - 2020 LEGISLATURE

2019 Senate BILL 264

June 7, 2019 - Introduced by Senators Miller, Cowles, Larson, Smith, L. Taylor, Wirch and Carpenter, cosponsored by Representatives Mursau, Hebl, Anderson, Ballweg, Billings, Ohnstad, Shankland, Sinicki, Skowronski, Spreitzer, Stubbs, Tusler, Vruwink, Spiros and Subeck. Referred to Committee on Natural Resources and Energy.

SB264,1,11 An Act to renumber 287.17 (8) (b) 3.; to renumber and amend 287.17 (1) (k), 287.17 (8) (b) 1. and 287.17 (8) (b) 2.; to amend 287.17 (1) (eg) 1. b., 287.17 (1) (eg) 2., 287.17 (1) (np), 287.17 (3) (a) (intro.), 287.17 (3) (e), 287.17 (4) (b) 1., 287.17 (4) (b) 2., 287.17 (4) (b) 3., 287.17 (4) (d) (intro.), 287.17 (5) (a) 1. a., 287.17 (5) (a) 1. b., 287.17 (5) (a) 1. c., 287.17 (5) (b), 287.17 (7) (a) 1. (intro.), 287.17 (7) (a) 2., 287.17 (7) (b), 287.17 (8) (a) 1. (intro.), 287.17 (8) (a) 2., 287.17 (8) (c) 4., 287.17 (9m), 287.17 (10) (d) (intro.), 287.17 (10) (j) and 287.17 (10) (k); and to create 287.17 (1) (k) 1., 287.17 (1) (k) 2., 287.17 (1) (k) 3., 287.17 (1) (pg), 287.17 (4) (b) (intro.), 287.17 (4) (be), 287.17 (8) (b) 1m., 2m., 3m., 4. and 5. and 287.17 (10) (m) of the statutes; relating to: changes to the electronic waste recycling program and granting rule-making authority.

Analysis by the Legislative Reference Bureau

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

Under the program, a manufacturer may not sell certain consumer electronic devices to households or schools in this state, or deliver consumer electronic devices to a retailer, unless the manufacturer registers with DNR each year, pays a registration fee, and either recycles a certain amount of consumer electronic devices or pays a shortfall fee. A retailer may not sell certain consumer electronic devices to households or schools in this state unless the device's manufacturer is registered under the program. A recycler that receives electronic devices on behalf of a registered manufacturer must also register under the program and comply with certain reporting and recordkeeping requirements.

The bill expands the definition of a school, for purposes of the program, to include all public elementary or secondary schools, including charter schools; all private elementary or secondary schools; and all tribal schools. The bill also narrows the types of consumer printers that are covered under the program.

Under current law, a manufacturer in the program must ordinarily pay a registration fee with its annual registration, based on the number of electronic devices it sold in the state during the previous year. The bill raises the threshold for requiring a manufacturer to pay a registration fee. Under the bill, a manufacturer's registration fee is $5,000 if it sold at least 500 electronic devices in this state during the previous program year, and $1,250 if it sold at least 250 but fewer than 500 electronic devices. There is no registration fee if the manufacturer sold fewer than 250 electronic devices during the previous program year.

Under current law, a manufacturer must report certain information to DNR when it submits its annual registration under the program. This bill requires manufacturers, when reporting the total weight of electronic devices recycled by or on behalf of the manufacturer each year, to also report the weight of devices collected from rural counties separately from devices collected from urban counties.

Under current law, every year a registered recycler must report to DNR the total weight of electronic devices the recycler received from a registered manufacturer for recycling during the previous program year. This bill requires a recycler, in its annual report, to also separate this total weight into different categories, depending on the type of device and whether the device contains a cathode-ray tube. The bill also requires a recycler to report the estimated weight of certain materials, such as cathode-ray tube glass, metals, and plastics, that the recycler derived from the electronic devices it received during the previous program year.

Finally, under current law, a program year runs from July 1 to the following June 30. This bill creates an 18-month transition period (transition year) that runs from the July 1 following the effective date of the bill to the December 31 of the following year. After the transition year, a program year runs from January 1 to December 31.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB264,1 Section 1 . 287.17 (1) (eg) 1. b. of the statutes is amended to read:

SB264,3,4 287.17 (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.

SB264,2 Section 2 . 287.17 (1) (eg) 2. of the statutes is amended to read:

SB264,3,9 287.17 (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.

SB264,3 Section 3. 287.17 (1) (k) of the statutes is renumbered 287.17 (1) (k) (intro.) and amended to read:

SB264,3,13 287.17 (1) (k) (intro.) “Program year" means the period from July 1 to the following June 30. one of the following:

SB264,4 Section 4 . 287.17 (1) (k) 1. of the statutes is created to read:

SB264,3,16 287.17 (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.

SB264,5 Section 5. 287.17 (1) (k) 2. of the statutes is created to read:

SB264,3,18 287.17 (1) (k) 2. The transition year.

SB264,6 Section 6. 287.17 (1) (k) 3. of the statutes is created to read:

SB264,3,21 287.17 (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.

SB264,7 Section 7. 287.17 (1) (np) of the statutes is amended to read:

SB264,4,6 287.17 (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).

SB264,8 Section 8. 287.17 (1) (pg) of the statutes is created to read:

SB264,4,10 287.17 (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.

SB264,9 Section 9. 287.17 (3) (a) (intro.) of the statutes is amended to read:

SB264,4,15 287.17 (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:

SB264,10 Section 10. 287.17 (3) (e) of the statutes is amended to read:

SB264,4,19 287.17 (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.

SB264,11 Section 11 . 287.17 (4) (b) (intro.) of the statutes is created to read:

SB264,4,22 287.17 (4) (b) (intro.) In each program year other than the program year immediately following the transition year:

SB264,12 Section 12. 287.17 (4) (b) 1. of the statutes is amended to read:

SB264,5,3 287.17 (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).

SB264,13 Section 13. 287.17 (4) (b) 2. of the statutes is amended to read:

SB264,5,7 287.17 (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.

SB264,14 Section 14. 287.17 (4) (b) 3. of the statutes is amended to read:

SB264,5,11 287.17 (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.

SB264,15 Section 15 . 287.17 (4) (be) of the statutes is created to read:

SB264,5,14 287.17 (4) (be) Registration fees immediately following the transition year. In the program year immediately following the transition year:

SB264,5,18 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).

SB264,5,21 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.

SB264,5,24 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.

SB264,16 Section 16. 287.17 (4) (d) (intro.) of the statutes is amended to read:

SB264,6,2 287.17 (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:

SB264,17 Section 17. 287.17 (5) (a) 1. a. of the statutes is amended to read:

SB264,6,7 287.17 (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.

SB264,18 Section 18. 287.17 (5) (a) 1. b. of the statutes is amended to read:

SB264,6,12 287.17 (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.

SB264,19 Section 19. 287.17 (5) (a) 1. c. of the statutes is amended to read:

SB264,6,17 287.17 (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.

SB264,20 Section 20 . 287.17 (5) (b) of the statutes is amended to read:

SB264,7,10 287.17 (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.

SB264,21 Section 21. 287.17 (7) (a) 1. (intro.) of the statutes is amended to read:

SB264,7,19 287.17 (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:

SB264,22 Section 22. 287.17 (7) (a) 2. of the statutes is amended to read:

SB264,7,23 287.17 (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.

SB264,23 Section 23. 287.17 (7) (b) of the statutes is amended to read:

SB264,8,8 287.17 (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.

SB264,24 Section 24. 287.17 (8) (a) 1. (intro.) of the statutes is amended to read:

SB264,8,16 287.17 (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:

SB264,25 Section 25. 287.17 (8) (a) 2. of the statutes is amended to read:

SB264,8,20 287.17 (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.

SB264,26 Section 26 . 287.17 (8) (b) 1. of the statutes is renumbered 287.17 (8) (b) (intro.) and amended to read:

SB264,9,3 287.17 (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:

SB264,27 Section 27 . 287.17 (8) (b) 1m., 2m., 3m., 4. and 5. of the statutes are created to read: