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LRB-0222/1
MCP:ahe&emw
2021 - 2022 LEGISLATURE
March 25, 2021 - Introduced by Senators Cowles, Smith, Agard and L. Taylor,
cosponsored by Representatives Mursau, Gundrum, Novak, Oldenburg,
Skowronski, Subeck, Thiesfeldt, Hebl and Spreitzer. Referred to
Committee on Natural Resources and Energy.
SB248,2,2 1An Act to renumber and amend 287.17 (1) (k) and 287.17 (1) (np); to amend
2287.13 (5) (i), 287.17 (1) (b), 287.17 (1) (c), 287.17 (1) (e), 287.17 (1) (eg) 1. (intro.),
3287.17 (1) (eg) 1. b., 287.17 (1) (eg) 2., 287.17 (1) (em) (intro.), 287.17 (1) (gs)
4(intro.), 287.17 (1) (L), 287.17 (1) (m), 287.17 (1) (n), 287.17 (2) (a) (intro.), 287.17
5(2) (a) 4., 287.17 (2) (c) 1., 287.17 (2) (c) 2., 287.17 (3) (a) (intro.), 287.17 (3) (b)
6(intro.), 287.17 (3) (e), 287.17 (4) (b) 1., 287.17 (4) (b) 2., 287.17 (4) (b) 3., 287.17
7(4) (bm), 287.17 (4) (d) (intro.), 287.17 (4) (d) 1., 287.17 (4) (f) 1., 287.17 (4) (f)
82., 287.17 (5) (a) 1. (intro.), 287.17 (5) (a) 1. a., 287.17 (5) (a) 1. b., 287.17 (5) (a)
91. c., 287.17 (5) (a) 3., 287.17 (5) (b), 287.17 (7) (a) 1. (intro.), 287.17 (7) (a) 2.,
10287.17 (7) (b), 287.17 (8) (a) 1. (intro.), 287.17 (8) (a) 2., 287.17 (8) (b) 1., 287.17
11(8) (b) 2. (intro.), 287.17 (9), 287.17 (9m), 287.17 (10) (a), 287.17 (10) (c) 1. d.,
12287.17 (10) (d) (intro.), 287.17 (10) (j) and 287.17 (10) (k); and to create 287.17
13(1) (k) 1., 287.17 (1) (k) 2., 287.17 (1) (k) 3., 287.17 (1) (pg), 287.17 (4) (b) (intro.),
14287.17 (4) (be), 287.17 (5) (a) 1m. and 287.17 (10) (fm) of the statutes; relating

1to:
changes to the electronic waste recycling program and granting
2rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes changes to the electronic waste recycling program, known as
“E-Cycle Wisconsin," which is administered by the Department of Natural
Resources.
Under the existing program, a manufacturer may not sell certain consumer
electronic devices (electronics) to households or covered schools in this state, or
deliver electronics to a retailer, unless the manufacturer registers with DNR each
year, pays a registration fee, and either recycles a certain amount of electronics or
pays a shortfall fee. A retailer may not sell electronics to households or covered
schools in this state unless the product's manufacturer is registered under the
program. A recycler that receives electronics on behalf of a registered manufacturer
must also register under the program and comply with certain reporting and
record-keeping requirements.
The bill expands the definition of a covered 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 electronics 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 electronics in this state during the
previous program year, and $1,250 if it sold at least 250 but fewer than 500
electronics. There is no registration fee if the manufacturer sold fewer than 250
electronics during the previous program year.
Also 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 electronics recycled by or on
behalf of the manufacturer each year, to also report the weight of electronics collected
from rural counties separately from electronics collected from urban counties.
The bill also requires DNR to create a program to provide grants to expand
electronics recycling and recovery programs in underserved areas of the state.
Grants may be provided to local units of government, businesses, and nonprofit
entities, including religious nonprofits, for hosting a collection site or collection
event. The bill requires a grant recipient to provide matching funds equal to at least
20 percent of the cost of the project for which the grant is provided. The bill directs
DNR to prioritize grants for projects that will take place in counties that do not have
permanent electronics recycling collection sites.
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 July 1, 2022, to December 31, 2023. 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:
SB248,1 1Section 1. 287.13 (5) (i) of the statutes is amended to read:
SB248,3,32 287.13 (5) (i) Solid waste that consists of eligible electronic devices, as defined
3in s. 287.17 (1) (gs), used by households or covered schools.
SB248,2 4Section 2. 287.17 (1) (b) of the statutes is amended to read:
SB248,3,75 287.17 (1) (b) “Collection" means the act of receiving eligible electronic devices
6from households or covered schools and delivering, or arranging for the delivery of,
7the eligible electronic devices to a recycler.
SB248,3 8Section 3. 287.17 (1) (c) of the statutes is amended to read:
SB248,3,119 287.17 (1) (c) “Collector" means a person who receives eligible electronic
10devices from households or covered schools and delivers, or arranges for the delivery
11of, the eligible electronic devices to a recycler.
SB248,4 12Section 4. 287.17 (1) (e) of the statutes is amended to read:
SB248,3,1713 287.17 (1) (e) “Consumer computer" means a high-speed data processing
14device for performing logical, arithmetic, or storage functions that is marketed by the
15manufacturer for use by households or covered schools, except that “consumer
16computer" does not include an automated typewriter or typesetter, a portable
17hand-held calculator or device, or other similar device.
SB248,5 18Section 5. 287.17 (1) (eg) 1. (intro.) of the statutes is amended to read:
SB248,4,3
1287.17 (1) (eg) 1. (intro.) “Consumer printer" means, except as provided in
2subd. 2., one of the following that is marketed by the manufacturer for use by
3households or covered schools:
SB248,6 4Section 6 . 287.17 (1) (eg) 1. b. of the statutes is amended to read:
SB248,4,75 287.17 (1) (eg) 1. b. A device listed under par. (gs) 1. to 6. or 7. that prints and
6has other functions, such as copying, scanning, or sending facsimiles,
and that is
7designed to be placed on a desk or other work surface.
SB248,7 8Section 7 . 287.17 (1) (eg) 2. of the statutes is amended to read:
SB248,4,129 287.17 (1) (eg) 2. “Consumer printer" does not include a calculator with
10printing capabilities or a , label maker, or other similar household printing device;
11a floor-standing printer; an automated teller machine, as defined in s. 134.85 (1) (a);
12or a point-of-sale receipt printer
.
SB248,8 13Section 8. 287.17 (1) (em) (intro.) of the statutes is amended to read:
SB248,4,1814 287.17 (1) (em) (intro.) “Consumer video display device" means a television or
15computer monitor with a tube or screen that is at least 7 inches in its longest diagonal
16measurement and that is marketed by the manufacturer for use by households or
17covered schools, except that “consumer video display device" does not include any of
18the following:
SB248,9 19Section 9. 287.17 (1) (gs) (intro.) of the statutes is amended to read:
SB248,4,2320 287.17 (1) (gs) (intro.) “Eligible electronic device" means a device that is one
21of the following and that is used by a household primarily for personal use or by a
22covered school, unless the device is of a kind exempted by a rule promulgated under
23s. 287.17 (10) (i):
SB248,10 24Section 10 . 287.17 (1) (k) of the statutes is renumbered 287.17 (1) (k) (intro.)
25and amended to read:
SB248,5,2
1287.17 (1) (k) (intro.) “Program year" means the period from July 1 to the
2following June 30.
one of the following:
SB248,11 3Section 11 . 287.17 (1) (k) 1. of the statutes is created to read:
SB248,5,54 287.17 (1) (k) 1. For any period before the beginning of the transition year, a
5period that runs from July 1 to the following June 30.
SB248,12 6Section 12 . 287.17 (1) (k) 2. of the statutes is created to read:
SB248,5,77 287.17 (1) (k) 2. The transition year.
SB248,13 8Section 13 . 287.17 (1) (k) 3. of the statutes is created to read:
SB248,5,109 287.17 (1) (k) 3. For any period after the end of the transition year, a period that
10runs from January 1 to the following December 31.
SB248,14 11Section 14. 287.17 (1) (L) of the statutes is amended to read:
SB248,5,1512 287.17 (1) (L) “Recycler" means a person who accepts eligible electronic devices
13from households, covered schools, or collectors for the purpose of recycling.
14“Recycler" does not include a manufacturer who accepts products exclusively for
15refurbishing or repair.
SB248,15 16Section 15. 287.17 (1) (m) of the statutes is amended to read:
SB248,5,2217 287.17 (1) (m) “Recycling" means preparing eligible electronic devices for use
18in manufacturing processes or for recovery of usable materials and delivering the
19materials for use. “Recycling" does not include destruction by incineration or other
20processes or land disposal of recyclable materials and does not include reuse, repair,
21or any other process through which eligible electronic devices are returned for use
22by households or covered schools in their original form.
SB248,16 23Section 16. 287.17 (1) (n) of the statutes is amended to read:
SB248,6,3
1287.17 (1) (n) “Retailer" means a person who sells a covered electronic device
2to a household or covered school in this state, in person or by mail, telephone, or the
3Internet, for use by the household or covered school.
SB248,17 4Section 17. 287.17 (1) (np) of the statutes is renumbered 287.17 (1) (fm) and
5amended to read:
SB248,6,106 287.17 (1) (fm) “School” “Covered school" means a public school, as defined in
7s. 115.01 (1), a private school participating in the program under s. 118.60, or a
8private school participating in the program under s. 119.23
elementary or secondary
9school, including a charter school, as defined in s. 115.001 (1), or a private elementary
10or secondary school, or a tribal school, as defined in s. 115.001 (15m)
.
SB248,18 11Section 18 . 287.17 (1) (pg) of the statutes is created to read:
SB248,6,1312 287.17 (1) (pg) “Transition year" means the 18-month period from July 1, 2022,
13to December 31, 2023.
SB248,19 14Section 19. 287.17 (2) (a) (intro.) of the statutes is amended to read:
SB248,6,1815 287.17 (2) (a) Manufacturers. (intro.) Beginning on February 1, 2010, a
16manufacturer may not sell to a household or covered school, offer to sell to a
17household or covered school, or deliver to a retailer for subsequent sale to a household
18or covered school a new covered electronic device unless all of the following apply:
SB248,20 19Section 20. 287.17 (2) (a) 4. of the statutes is amended to read:
SB248,6,2220 287.17 (2) (a) 4. The manufacturer recycles or arranges for the recycling, by a
21registered recycler, of eligible electronic devices used by households or covered
22schools in this state.
SB248,21 23Section 21. 287.17 (2) (c) 1. of the statutes is amended to read:
SB248,7,324 287.17 (2) (c) 1. Beginning on July 1, 2010, a retailer may not sell or offer for
25sale to a household or covered school a new covered electronic device unless, before

1making the first offer for sale, the retailer has determined that the brand of the
2covered electronic device is listed on the department's Internet site under sub. (10)
3(a).
SB248,22 4Section 22. 287.17 (2) (c) 2. of the statutes is amended to read:
SB248,7,95 287.17 (2) (c) 2. If a manufacturer's registration is revoked or expired and the
6retailer took possession of a covered electronic device of the manufacturer before the
7registration was revoked or expired, the retailer may sell the covered electronic
8device to a household or covered school, but only if the sale takes place fewer than
9180 days after the revocation or expiration.
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