This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
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:
AB254,1 1Section 1. 287.13 (5) (i) of the statutes is amended to read:
AB254,3,32 287.13 (5) (i) Solid waste that consists of eligible electronic devices, as defined
3in s. 287.17 (1) (gs), used by households or covered schools.
AB254,2 4Section 2. 287.17 (1) (b) of the statutes is amended to read:
AB254,3,75 287.17 (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.
AB254,3 8Section 3. 287.17 (1) (c) of the statutes is amended to read:
AB254,3,119 287.17 (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.
AB254,4 12Section 4. 287.17 (1) (e) of the statutes is amended to read:
AB254,3,1713 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.
AB254,5 18Section 5. 287.17 (1) (eg) 1. (intro.) of the statutes is amended to read:
AB254,4,3
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:
AB254,6 4Section 6 . 287.17 (1) (eg) 1. b. of the statutes is amended to read:
AB254,4,75 287.17 (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.
AB254,7 8Section 7 . 287.17 (1) (eg) 2. of the statutes is amended to read:
AB254,4,129 287.17 (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
.
AB254,8 13Section 8. 287.17 (1) (em) (intro.) of the statutes is amended to read:
AB254,4,1814 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:
AB254,9 19Section 9. 287.17 (1) (gs) (intro.) of the statutes is amended to read:
AB254,4,2320 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):
AB254,10 24Section 10 . 287.17 (1) (k) of the statutes is renumbered 287.17 (1) (k) (intro.)
25and amended to read:
AB254,5,2
1287.17 (1) (k) (intro.) “Program year" means the period from July 1 to the
2following June 30.
one of the following:
AB254,11 3Section 11 . 287.17 (1) (k) 1. of the statutes is created to read:
AB254,5,54 287.17 (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.
AB254,12 6Section 12 . 287.17 (1) (k) 2. of the statutes is created to read:
AB254,5,77 287.17 (1) (k) 2. The transition year.
AB254,13 8Section 13 . 287.17 (1) (k) 3. of the statutes is created to read:
AB254,5,109 287.17 (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.
AB254,14 11Section 14. 287.17 (1) (L) of the statutes is amended to read:
AB254,5,1512 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.
AB254,15 16Section 15. 287.17 (1) (m) of the statutes is amended to read:
AB254,5,2217 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.
AB254,16 23Section 16. 287.17 (1) (n) of the statutes is amended to read:
AB254,6,3
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.
AB254,17 4Section 17. 287.17 (1) (np) of the statutes is renumbered 287.17 (1) (fm) and
5amended to read:
AB254,6,106 287.17 (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)
.
AB254,18 11Section 18 . 287.17 (1) (pg) of the statutes is created to read:
AB254,6,1312 287.17 (1) (pg) “Transition year" means the 18-month period from July 1, 2022,
13to December 31, 2023.
AB254,19 14Section 19. 287.17 (2) (a) (intro.) of the statutes is amended to read:
AB254,6,1815 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:
AB254,20 19Section 20. 287.17 (2) (a) 4. of the statutes is amended to read:
AB254,6,2220 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.
AB254,21 23Section 21. 287.17 (2) (c) 1. of the statutes is amended to read:
AB254,7,324 287.17 (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).
AB254,22 4Section 22. 287.17 (2) (c) 2. of the statutes is amended to read:
AB254,7,95 287.17 (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.
AB254,23 10Section 23 . 287.17 (3) (a) (intro.) of the statutes is amended to read:
AB254,7,1411 287.17 (3) (a) (intro.) To comply with sub. (2) (a) 2., a manufacturer shall, no
12later than February 1, 2010, and annually,
no later than September 1 beginning in
132010
the first day of the 3rd month of each program year, submit to the department
14a registration that includes all of the following:
AB254,24 15Section 24 . 287.17 (3) (b) (intro.) of the statutes is amended to read:
AB254,7,1816 287.17 (3) (b) (intro.) Beginning with the registration due by September 1,
172010, a
A manufacturer shall indicate in its registration under par. (a) which of the
18following applies:
AB254,25 19Section 25 . 287.17 (3) (e) of the statutes is amended to read:
AB254,7,2220 287.17 (3) (e) A complete registration is effective on receipt by the department
21and is valid until the first day of the 3rd month of the following September 1 program
22year
unless revoked before that date.
AB254,26 23Section 26 . 287.17 (4) (b) (intro.) of the statutes is created to read:
AB254,7,2524 287.17 (4) (b) (intro.) In each program year other than the program year
25immediately following the transition year:
AB254,27
1Section 27. 287.17 (4) (b) 1. of the statutes is amended to read:
AB254,8,42 287.17 (4) (b) 1. If the manufacturer sold at least 250 500 covered electronic
3devices in this state during the previous program year, the manufacturer shall pay
4a registration fee of $5,000, except, as provided under sub. (10) (k).
AB254,28 5Section 28 . 287.17 (4) (b) 2. of the statutes is amended to read:
AB254,8,96 287.17 (4) (b) 2. If the manufacturer sold at least 25 250 but fewer than 250 500
7covered electronic devices in this state during the previous program year, the
8manufacturer shall pay a registration fee of $1,250, except as provided under sub.
9(10) (k)
.
AB254,29 10Section 29 . 287.17 (4) (b) 3. of the statutes is amended to read:
AB254,8,1311 287.17 (4) (b) 3. If the manufacturer sold fewer than 25 250 covered electronic
12devices in this state during the previous program year, the manufacturer is not
13required to pay a registration fee.
AB254,30 14Section 30 . 287.17 (4) (be) of the statutes is created to read:
AB254,8,1615 287.17 (4) (be) Registration fees immediately following the transition year. In
16the program year immediately following the transition year:
AB254,8,1917 1. If the manufacturer sold at least 750 covered electronic devices in this state
18during the transition year, the manufacturer shall pay a registration fee of $7,500,
19except as provided in sub. (10) (k).
AB254,8,2220 2. If the manufacturer sold at least 375 but fewer than 750 covered electronic
21devices in this state during the transition year, the manufacturer shall pay a
22registration fee of $1,875, except as provided in sub. (10) (k).
AB254,8,2523 3. If the manufacturer sold fewer than 375 covered electronic devices in this
24state during the transition year, the manufacturer is not required to pay a
25registration fee.
AB254,31
1Section 31. 287.17 (4) (bm) of the statutes is amended to read:
AB254,9,72 287.17 (4) (bm) Shortfall fees. In addition to the registration fee, beginning in
32011, a manufacturer shall pay shortfall fees under par. (d) if the amounts calculated
4under that provision are positive numbers, except that a manufacturer is not
5required to pay shortfall fees until its covered electronic devices have been sold or
6offered for sale to households or covered schools in this state for 3 full program years
7and except as provided under par. (g).
AB254,32 8Section 32 . 287.17 (4) (d) (intro.) of the statutes is amended to read:
AB254,9,109 287.17 (4) (d) Annual shortfall fee after 2010. (intro.) The annual shortfall fee
10to be paid by a manufacturer in a program year after 2010 is calculated as follows:
AB254,33 11Section 33. 287.17 (4) (d) 1. of the statutes is amended to read:
AB254,9,1612 287.17 (4) (d) 1. Determine the manufacturer's target recycling weight by
13multiplying the number of pounds of the manufacturer's covered electronic devices
14sold to households or covered schools in this state during the program year that
15began 36 months 3 program years before the beginning of the program year in which
16the calculation is made, as reported under sub. (5) (a), by 0.8.
AB254,34 17Section 34. 287.17 (4) (f) 1. of the statutes is amended to read:
AB254,9,2518 287.17 (4) (f) 1. The weight of eligible electronic devices recycled by or on behalf
19of a manufacturer for a program year is the weight reported under sub. (5) (b) for that
20program year, except that if the manufacturer reports separately the weight of
21eligible electronic devices used by households or covered schools in rural counties
22and used by households or covered schools in urban counties for a program year, the
23weight is determined by adding the weight used by households or covered schools in
24urban counties in that program year and 1.25 times the weight used by households
25or covered schools in rural counties in that program year.
AB254,35
1Section 35. 287.17 (4) (f) 2. of the statutes is amended to read:
AB254,10,92 287.17 (4) (f) 2. The weight of eligible electronic devices recycled by or on behalf
3of a manufacturer for the last 2 program quarters of program year 2009-10 is the
4weight reported under sub. (5) (b) for that period, except that if the manufacturer
5reports separately the weight of eligible electronic devices used by households or
6covered schools in rural counties and used by households or covered schools in urban
7counties for that period, the weight is determined by adding the weight used by
8households or covered schools in urban counties in that period and 1.25 times the
9weight used by households or covered schools in rural counties in that period.
AB254,36 10Section 36 . 287.17 (5) (a) 1. (intro.) of the statutes is amended to read:
AB254,10,1311 287.17 (5) (a) 1. (intro.) Except as provided in subd. 3. and subject to subd. 1m.,
12with each registration that it submits under sub. (3), a manufacturer shall report one
13of the following to the department:
AB254,37 14Section 37 . 287.17 (5) (a) 1. a. of the statutes is amended to read:
AB254,10,1815 287.17 (5) (a) 1. a. The total weight of each model of its covered electronic
16devices sold to households or covered schools in this state during the program year
17that began 24 months 2 program years before the beginning of the program year in
18which the report is made.
AB254,38 19Section 38 . 287.17 (5) (a) 1. b. of the statutes is amended to read:
AB254,10,2320 287.17 (5) (a) 1. b. The total weight of all of its covered electronic devices sold
21to households or covered schools in this state during the program year that began 24
22months
2 program years before the beginning of the program year in which the report
23is made.
AB254,39 24Section 39 . 287.17 (5) (a) 1. c. of the statutes is amended to read:
AB254,11,4
1287.17 (5) (a) 1. c. An estimate, based on national sales data, of the total weight
2of its covered electronic devices sold to households or covered schools in this state
3during the program year that began 24 months 2 program years before the beginning
4of the program year in which the report is made.
AB254,40 5Section 40. 287.17 (5) (a) 1m. of the statutes is created to read:
AB254,11,126 287.17 (5) (a) 1m. For a registration required to be submitted in 2022, the
7weights reported under subd. 1. a. to. c. shall be the weights sold from July 1, 2020,
8to December 31, 2021. For a registration required to be submitted in 2024, the
9weights reported under subd. 1. a. to. c. shall be the weights sold from January 1,
102022, to December 31, 2022. For a registration required to be submitted in 2025, the
11weights reported under subd. 1. a. to. c. shall be the weights sold from January 1,
122023, to December 31, 2023.
AB254,41 13Section 41. 287.17 (5) (a) 3. of the statutes is amended to read:
AB254,11,1614 287.17 (5) (a) 3. A manufacturer is not required to report under subd. 1. until
15its covered electronic devices have been sold or offered for sale to households or
16covered schools in this state for one full program year.
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