AB254: Bill Text

AB254,41 Section 41. 287.17 (5) (a) 3. of the statutes is amended to read:

AB254,11,16 287.17 (5) (a) 3. A manufacturer is not required to report under subd. 1. until its covered electronic devices have been sold or offered for sale to households or covered schools in this state for one full program year.

AB254,42 Section 42 . 287.17 (5) (b) of the statutes is amended to read:

AB254,12,9 287.17 (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 covered schools in this state that were collected by or delivered to the manufacturer for recycling by the manufacturer or that were collected by or delivered to a registered recycler for recycling on behalf of the manufacturer during the preceding program year. A manufacturer may shall also report separately the weight of eligible electronic devices used by households or covered schools in rural counties and used by households or covered schools in urban counties for the purpose of obtaining the weight adjustment under sub. (4) (f) for eligible electronic devices received from households or covered schools in rural counties.

AB254,43 Section 43 . 287.17 (7) (a) 1. (intro.) of the statutes is amended to read:

AB254,12,18 287.17 (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:

AB254,44 Section 44 . 287.17 (7) (a) 2. of the statutes is amended to read:

AB254,12,22 287.17 (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.

AB254,45 Section 45 . 287.17 (7) (b) of the statutes is amended to read:

AB254,13,6 287.17 (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.

AB254,46 Section 46 . 287.17 (8) (a) 1. (intro.) of the statutes is amended to read:

AB254,13,14 287.17 (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:

AB254,47 Section 47 . 287.17 (8) (a) 2. of the statutes is amended to read:

AB254,13,18 287.17 (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.

AB254,48 Section 48. 287.17 (8) (b) 1. of the statutes is amended to read:

AB254,13,24 287.17 (8) (b) 1. 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.

AB254,49 Section 49. 287.17 (8) (b) 2. (intro.) of the statutes is amended to read:

AB254,14,3 287.17 (8) (b) 2. (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:

AB254,50 Section 50. 287.17 (9) of the statutes is amended to read:

AB254,14,13 287.17 (9) Retailers. Beginning on July 1, 2010, a retailer who sells covered electronic devices for use by households or covered 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.

AB254,51 Section 51 . 287.17 (9m) of the statutes is amended to read:

AB254,14,19 287.17 (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.

AB254,52 Section 52. 287.17 (10) (a) of the statutes is amended to read:

AB254,15,6 287.17 (10) (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 covered 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.

AB254,53 Section 53. 287.17 (10) (c) 1. d. of the statutes is amended to read:

AB254,15,9 287.17 (10) (c) 1. d. The multiplier for the weight of eligible electronic devices collected from households or covered schools in rural counties under sub. (4) (f).

AB254,54 Section 54 . 287.17 (10) (d) (intro.) of the statutes is amended to read:

AB254,15,15 287.17 (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:

AB254,55 Section 55. 287.17 (10) (fm) of the statutes is created to read:

AB254,16,6 287.17 (10) (fm) Rural electronics recycling grants. The department shall create and administer a program to provide grants from the appropriation under s. 20.370 (4) (hr), if sufficient program revenue is available, to expand electronics recycling and recovery programs in underserved areas of the state. Grants under this paragraph may be provided to local units of government, businesses, and nonprofit entities, including religious nonprofit entities, for the purpose of hosting a collection site or collection event or series of collection sites or collection events. Grants provided under this paragraph may be used to rent space or acquire materials necessary to host the collection site or collection event, advertise for the site or event, cover staff expenses for the site or event, including administrative costs, provide for the transportation of collected devices to a registered recycler, and cover other expenses allowed by the department. A recipient of a grant under this paragraph shall provide matching funds equal to at least 20 percent of the cost of the project for which the grant is provided. The department shall award grants under this paragraph in the following order of priority:

AB254,16,9 1. Projects that will take place in a county that has no permanent collection site registered under s. 287.17 (7) (a) and did not have a collection event registered under s. 287.17 (7) (a) during the previous program year.

AB254,16,11 2. Projects that will take place in a county that has no permanent collection site registered under s. 287.17 (7) (a) that is open to all residents.

AB254,16,13 3. Projects that will take place in a municipality with a population of 5,000 or more that does not have a permanent collection site registered under s. 287.17 (7) (a).

AB254,16,15 4. Projects that do not meet the requirements under subds. 1. to 3., at the determination of the department.

AB254,56 Section 56 . 287.17 (10) (j) of the statutes is amended to read:

AB254,16,25 287.17 (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.

AB254,57 Section 57. 287.17 (10) (k) of the statutes is amended to read:

AB254,17,5 287.17 (10) (k) Modification of registration fee. The department may modify the registration fee fees under sub. (4) (b) 1. and 2. and (be) 1. and 2. by rule. The department may not promulgate a rule under this paragraph that takes effect before October 1, 2011.

AB254,17,6 (End)