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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7registration was revoked or expired, the retailer may sell the covered electronic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.
AB254,42 17Section 42 . 287.17 (5) (b) of the statutes is amended to read:
AB254,12,918 287.17 (5) (b) Weight of eligible electronic devices recycled. With the
19registration that it submits under sub. (3) that is due by September 1, 2010, a
20manufacturer shall report to the department the total weight of eligible electronic
21devices used by households or schools in this state that were collected by or delivered
22to the manufacturer for recycling by the manufacturer or that were collected by or
23delivered to a registered recycler for recycling on behalf of the manufacturer during
24the last 2 program quarters of the preceding program year. Beginning in 2011, with

25the registration that it submits under sub. (3), a manufacturer shall report to the

1department the total weight of eligible electronic devices used by households or
2covered schools in this state that were collected by or delivered to the manufacturer
3for recycling by the manufacturer or that were collected by or delivered to a
4registered recycler for recycling on behalf of the manufacturer during the preceding
5program year. A manufacturer may shall also report separately the weight of eligible
6electronic devices used by households or covered schools in rural counties and used
7by households or covered schools in urban counties for the purpose of obtaining the
8weight adjustment under sub. (4) (f) for eligible electronic devices received from
9households or covered schools in rural counties.
AB254,43 10Section 43 . 287.17 (7) (a) 1. (intro.) of the statutes is amended to read:
AB254,12,1811 287.17 (7) (a) 1. (intro.) Beginning on January 1, 2010, no No person may
12operate as a collector delivering or arranging for the delivery of eligible electronic
13devices to a registered recycler for recycling on behalf of a manufacturer who is
14registered under sub. (3) unless the person is registered under this paragraph. A
15person shall register by submitting, no later than January 1, 2010, and annually, no
16later than August 1 beginning in 2010 the first day of the 2nd month of each program
17year
, to the department a registration, using a form prescribed by the department,
18that includes all of the following:
AB254,44 19Section 44 . 287.17 (7) (a) 2. of the statutes is amended to read:
AB254,12,2220 287.17 (7) (a) 2. A complete registration is effective on receipt by the
21department and is valid until the first day of the 2nd month of the following August
221
program year unless suspended or revoked before that date.
AB254,45 23Section 45 . 287.17 (7) (b) of the statutes is amended to read:
AB254,13,624 287.17 (7) (b) Reports and records. No later than August 1 the first day of the
252nd month
of each program year, beginning August 1, 2010, a registered collector

1shall report to the department the total weight of eligible electronic devices collected
2in this state during the preceding program year and the names of all registered
3recyclers to whom the collector delivered eligible electronic devices. A registered
4collector shall maintain records of the sources of eligible electronic devices it collects
5and of the registered recyclers to whom the collector delivers eligible electronic
6devices.
AB254,46 7Section 46 . 287.17 (8) (a) 1. (intro.) of the statutes is amended to read:
AB254,13,148 287.17 (8) (a) 1. (intro.) Beginning on January 1, 2010, no No person may
9operate as a recycler receiving eligible electronic devices on behalf of a manufacturer
10who is registered under sub. (3) unless the person is registered under this paragraph.
11A person shall register by submitting, no later than January 1, 2010, and annually,
12no later than August 1 beginning in 2010 the first day of the 2nd month of each
13program year
, to the department a registration, using a form prescribed by the
14department, that includes all of the following:
AB254,47 15Section 47 . 287.17 (8) (a) 2. of the statutes is amended to read:
AB254,13,1816 287.17 (8) (a) 2. A complete registration is effective on receipt by the
17department and is valid until the first day of the 2nd month of the following August
181
program year unless suspended or revoked before that date.
AB254,48 19Section 48. 287.17 (8) (b) 1. of the statutes is amended to read:
AB254,13,2420 287.17 (8) (b) 1. No later than August 1 the first day of the 2nd month of each
21program year, beginning with August 1, 2010, a registered recycler shall report to the
22department the total weight of eligible electronic devices collected in this state that
23the recycler received for recycling on behalf of a manufacturer registered under sub.
24(3) during the preceding program year and the name of the manufacturer.
AB254,49 25Section 49. 287.17 (8) (b) 2. (intro.) of the statutes is amended to read:
AB254,14,3
1287.17 (8) (b) 2. (intro.) No later than February 1 the first day of the 8th month
2of each program year, beginning in 2011, a registered recycler shall report to the
3department all of the following:
AB254,50 4Section 50. 287.17 (9) of the statutes is amended to read:
AB254,14,135 287.17 (9) Retailers. Beginning on July 1, 2010, a retailer who sells covered
6electronic devices for use by households or covered schools shall provide to
7purchasers information describing how eligible electronic devices can be collected
8and recycled and a description of the prohibitions in s. 287.07 (5) (a). A retailer may
9satisfy this requirement by providing a toll-free number for receiving the
10information and a description of how to access the department's Internet site under
11sub. (10) (a). A retailer who sells through a catalog may provide the information in
12the catalog. A retailer who sells through the Internet may provide the information
13on its Internet site.
AB254,51 14Section 51 . 287.17 (9m) of the statutes is amended to read:
AB254,14,1915 287.17 (9m) Record keeping and inspection. A person subject to sub. (3), (7),
16(8), or (9) shall maintain records related to the program under this section and
17reports required under this section for at least 3 program years. The department
18may inspect records of a person subject to sub. (3), (7), (8), or (9) that are related to
19the program under this section.
AB254,52 20Section 52. 287.17 (10) (a) of the statutes is amended to read:
AB254,15,621 287.17 (10) (a) Internet site; manufacturers. The department shall maintain
22an Internet site on which the department lists the names of manufacturers who are
23registered under sub. (3) and the names of the brands listed in the manufacturers'
24registrations. The department shall update the information on the Internet site
25promptly upon receipt of a new or revised registration. The department shall include

1on the Internet site a statement that this section applies only to covered electronic
2devices sold for household or covered school use and that the list of manufacturers
3is not a list of manufacturers qualified to sell video display devices, computers, or
4printers for industrial, commercial, or other nonhousehold or nonschool uses. The
5department shall also include on the Internet site the contact information provided
6by manufacturers under sub. (3) (a) 2.
AB254,53 7Section 53. 287.17 (10) (c) 1. d. of the statutes is amended to read:
AB254,15,98 287.17 (10) (c) 1. d. The multiplier for the weight of eligible electronic devices
9collected from households or covered schools in rural counties under sub. (4) (f).
AB254,54 10Section 54 . 287.17 (10) (d) (intro.) of the statutes is amended to read:
AB254,15,1511 287.17 (10) (d) Annual report. (intro.) Before December 1 of each program year ,
12beginning in 2012
prior to the transition year, and before June 1 of each program year
13beginning with the transition year
, the department shall provide a report on the
14program under this section to the legislature under s. 13.172 (2) and to the governor.
15The department shall include all of the following in the report:
AB254,55 16Section 55. 287.17 (10) (fm) of the statutes is created to read:
AB254,16,617 287.17 (10) (fm) Rural electronics recycling grants. The department shall
18create and administer a program to provide grants from the appropriation under s.
1920.370 (4) (hr), if sufficient program revenue is available, to expand electronics
20recycling and recovery programs in underserved areas of the state. Grants under
21this paragraph may be provided to local units of government, businesses, and
22nonprofit entities, including religious nonprofit entities, for the purpose of hosting
23a collection site or collection event or series of collection sites or collection events.
24Grants provided under this paragraph may be used to rent space or acquire materials
25necessary to host the collection site or collection event, advertise for the site or event,

1cover staff expenses for the site or event, including administrative costs, provide for
2the transportation of collected devices to a registered recycler, and cover other
3expenses allowed by the department. A recipient of a grant under this paragraph
4shall provide matching funds equal to at least 20 percent of the cost of the project for
5which the grant is provided. The department shall award grants under this
6paragraph in the following order of priority:
AB254,16,97 1. Projects that will take place in a county that has no permanent collection site
8registered under s. 287.17 (7) (a) and did not have a collection event registered under
9s. 287.17 (7) (a) during the previous program year.
AB254,16,1110 2. Projects that will take place in a county that has no permanent collection site
11registered under s. 287.17 (7) (a) that is open to all residents.
AB254,16,1312 3. Projects that will take place in a municipality with a population of 5,000 or
13more that does not have a permanent collection site registered under s. 287.17 (7) (a).
AB254,16,1514 4. Projects that do not meet the requirements under subds. 1. to 3., at the
15determination of the department.
AB254,56 16Section 56 . 287.17 (10) (j) of the statutes is amended to read:
AB254,16,2517 287.17 (10) (j) Audits. The department may perform or contract for the
18performance of an audit of the activities of a registered collector or registered
19recycler. If the department performs or contracts for the performance of an audit of
20a collector or recycler during the first 3 program years in which the collector or
21recycler is registered under sub. (7) or (8) (a), the collector or recycler shall pay 25
22percent of the cost of the audit. If the department performs or contracts for the
23performance of an audit of a collector or recycler after the first 3 program years in
24which the collector or recycler is registered, the collector or recycler shall pay 50
25percent of the cost of the audit.
AB254,57
1Section 57. 287.17 (10) (k) of the statutes is amended to read:
AB254,17,52 287.17 (10) (k) Modification of registration fee. The department may modify
3the registration fee fees under sub. (4) (b) 1. and 2. and (be) 1. and 2. by rule. The
4department may not promulgate a rule under this paragraph that takes effect before
5October 1, 2011.
AB254,17,66 (End)
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