287.17(1m)(1m) Transfer of manufacturer responsibilities. If a person who licenses the person’s brand for manufacture and sale of covered electronic devices by another enters into a contract with the licensee under which the licensee assumes the responsibilities that arise under sub. (2) (a) from the sale of those covered electronic devices, the licensee, rather than the licensor, is the manufacturer of the covered electronic devices. 287.17(2)(2) Requirements for sale of covered electronic devices. 287.17(2)(a)(a) Manufacturers. Beginning on February 1, 2010, a manufacturer may not sell to a household or covered school, offer to sell to a household or covered school, or deliver to a retailer for subsequent sale to a household or covered school a new covered electronic device unless all of the following apply: 287.17(2)(a)1.1. The manufacturer permanently affixes a label to the covered electronic device that is readily visible and that shows the manufacturer’s brand. 287.17(2)(a)2.2. The manufacturer is registered with the department in accordance with sub. (3). 287.17(2)(a)4.4. The manufacturer recycles or arranges for the recycling, by a registered recycler, of eligible electronic devices used by households or covered schools in this state. 287.17(2)(b)(b) Cooperation. A manufacturer may carry out its responsibilities under par. (a) 4. jointly with other manufacturers and may participate with other manufacturers in creating an entity to collect and recycle eligible electronic devices. 287.17(2)(c)1.1. Beginning on July 1, 2010, a retailer may not sell or offer for sale to a household or covered school a new covered electronic device unless, before making the first offer for sale, the retailer has determined that the brand of the covered electronic device is listed on the department’s Internet site under sub. (10) (a). 287.17(2)(c)2.2. If a manufacturer’s registration is revoked or expired and the retailer took possession of a covered electronic device of the manufacturer before the registration was revoked or expired, the retailer may sell the covered electronic device to a household or covered school, but only if the sale takes place fewer than 180 days after the revocation or expiration. 287.17(3)(a)(a) To comply with sub. (2) (a) 2., a manufacturer shall, no later than the first day of the 3rd month of each program year, submit to the department a registration that includes all of the following: 287.17(3)(a)1.1. A list of the manufacturer’s brands of covered electronic devices offered for sale in this state. 287.17(3)(a)2.2. The name, address, and contact information of an individual responsible for ensuring compliance with this section. 287.17(3)(a)3.3. A certification that the manufacturer has complied, and will continue to comply, with the requirements of this section. 287.17(3)(b)(b) A manufacturer shall indicate in its registration under par. (a) which of the following applies: 287.17(3)(b)1.1. The manufacturer’s covered electronic devices comply with the European Union directive on the restriction of the use of hazardous substances in electrical and electronic equipment, 2002/95/EC or a successor directive. 287.17(3)(b)2.2. The manufacturer’s covered electronic devices do not comply with the European Union directive on the restriction of the use of hazardous substances in electrical and electronic equipment, 2002/95/EC or a successor directive. 287.17(3)(c)(c) Notwithstanding the deadline in par. (a), a manufacturer who begins selling covered electronic devices after February 1, 2010, and who has not previously submitted a registration under this subsection shall submit a registration to the department not more than 10 days after the day on which the manufacturer begins selling or offering to sell covered electronic devices. 287.17(3)(d)(d) If a manufacturer changes the brands that it sells or offers to sell, the manufacturer shall update its registration not more than 10 days after making the change. 287.17(3)(e)(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 program year unless revoked before that date. 287.17(3)(f)(f) Within 20 business days after the receipt of a registration under this subsection, the department shall review the registration submitted and notify the manufacturer if the registration is not complete. 287.17(4)(4) Manufacturer recycling targets, fees, and recycling credits. 287.17(4)(a)(a) Payment. To comply with sub. (2) (a) 3., a manufacturer shall pay fees as provided in this subsection with the registration that it submits under sub. (3). 287.17(4)(b)(b) Registration fees. In each program year other than the program year immediately following the transition year: 287.17(4)(b)1.1. If the manufacturer sold at least 550 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $5,500, except as provided under sub. (10) (k). 287.17(4)(b)2.2. If the manufacturer sold at least 250 but fewer than 550 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $2,500, except as provided under sub. (10) (k). 287.17(4)(b)3.3. If the manufacturer sold fewer than 250 covered electronic devices in this state during the previous program year, the manufacturer is not required to pay a registration fee. 287.17(4)(be)(be) Registration fees immediately following the transition year. In the program year immediately following the transition year: 287.17(4)(be)1.1. If 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). 287.17(4)(be)2.2. If 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, except as provided in sub. (10) (k). 287.17(4)(be)3.3. If 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. 287.17(4)(bm)(bm) Shortfall fees. In addition to the registration fee, beginning in 2011, a manufacturer shall pay shortfall fees under par. (d) if the amounts calculated under that provision are positive numbers, except that a manufacturer is not required to pay shortfall fees until its covered electronic devices have been sold or offered for sale to households or covered schools in this state for 3 full program years and except as provided under par. (g). 287.17(4)(d)(d) Annual shortfall fee. The annual shortfall fee to be paid by a manufacturer in a program year is calculated as follows: 287.17(4)(d)1.1. Determine the manufacturer’s target recycling weight. The department shall calculate the target recycling weight for each manufacturer for the upcoming program year and shall report a manufacturer’s target recycling weight to the manufacturer no later than the August 1 preceding the program year in which the target recycling weight will apply. The department shall calculate a manufacturer’s target recycling weight as follows: 287.17(4)(d)1.a.a. Divide the number of pounds of the manufacturer’s covered electronic devices sold to households or covered schools in this state during the program year that began 2 program years before the beginning of the program year in which the target recycling weight will apply, as reported under sub. (5) (a), by the total weight of all manufacturers’ covered electronic devices sold to households or covered schools in this state during the same program year. The quotient, rounded to the nearest one-hundredth, shall be the manufacturer’s market share percentage. 287.17(4)(d)1.b.b. Multiply the manufacturer’s market share percentage, as calculated under subd. 1. a., by the total weight of eligible electronic devices collected in this state that recyclers received for recycling during the program year that began 2 program years before the beginning of the program year in which the target recycling weight will apply, as reported under sub. (8) (b) 1. The product, rounded to the nearest whole number, shall be the manufacturer’s target recycling weight for the upcoming program year. 287.17(4)(d)2.2. Determine the actual recycling weight by adding the weight of eligible electronic devices recycled by or on behalf of the manufacturer during the previous program year, as determined under par. (f) 1., plus the number of recycling credits that a manufacturer elects to use, as reported to the department under sub. (5) (c) 3. 287.17(4)(d)3.3. Subtract the actual recycling weight, determined under subd. 2., from the target recycling weight, determined under subd. 1. 287.17(4)(d)4.4. Multiply the amount determined under subd. 3. by the estimated cost of recycling determined as follows: 287.17(4)(d)4.a.a. Fifty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is less than 50 percent of the target recycling weight, determined under subd. 1. 287.17(4)(d)4.b.b. Forty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is at least 50 percent but not more than 90 percent of the target recycling weight, determined under subd. 1. 287.17(4)(d)4.c.c. Thirty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under subd. 2., is more than 90 percent of the target recycling weight, determined under subd. 1. 287.17(4)(dm)(dm) Target recycling weight for 2010. A manufacturer’s target recycling weight for the last 2 program quarters of program year 2009-10, is calculated by multiplying the number of pounds of the manufacturer’s covered electronic devices sold to households in this state during program year 2007-08, as reported under sub. (5) (a), by 0.8 and multiplying the product by 0.5. 287.17(4)(e)(e) Recycling credits. If, for a program year, the weight of eligible electronic devices recycled by or on behalf of a manufacturer, as determined under par. (f) 1. or 2., exceeds the target recycling weight determined under par. (d) 1. or (dm), the manufacturer has a number of recycling credits equal to the number of excess pounds or 20 percent of the target recycling weight, whichever is less. The manufacturer may use the credits for the purpose of par. (d) 2. for any of the 3 succeeding program years or may sell credits to another manufacturer for use for any of the 3 succeeding program years. 287.17(4)(f)1.1. The weight of eligible electronic devices recycled by or on behalf of a manufacturer for a program year is the weight reported under sub. (5) (b) for that program year, except that if the manufacturer reports 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 a program year, the weight is determined by adding the weight used by households or covered schools in urban counties in that program year and 1.25 times the weight used by households or covered schools in rural counties in that program year. 287.17(4)(f)2.2. The weight of eligible electronic devices recycled by or on behalf of a manufacturer for the last 2 program quarters of program year 2009-10 is the weight reported under sub. (5) (b) for that period, except that if the manufacturer reports 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 that period, the weight is determined by adding the weight used by households or covered schools in urban counties in that period and 1.25 times the weight used by households or covered schools in rural counties in that period. 287.17(4)(g)1.1. Instead of paying a shortfall fee under this subsection in a year, a manufacturer may submit, with its registration, a request for relief from the shortfall fee in that year along with information showing that the manufacturer has made good faith progress toward meeting its target recycling weight under par. (d) 1. 287.17(4)(g)2.2. If the department determines that a manufacturer that makes a request under subd. 1. in a year has made good faith progress toward meeting its target recycling weight, the department shall waive the requirement that the manufacturer pay the shortfall fee in the year. If the department determines that the manufacturer has not made good faith progress toward meeting its target recycling weight, it shall notify the manufacturer and the manufacturer shall pay the shortfall fee within 60 days after receiving the notification. 287.17(4)(g)3.3. The department shall establish by rule what may constitute good faith progress toward meeting a target recycling weight under this paragraph. The rule shall provide flexibility in staff determination of good faith progress, but shall establish means by which good faith progress may be demonstrated, and shall account for circumstances beyond a manufacturer’s control such as a reduction in collection sites or events due to a local or statewide declared emergency. 287.17(5)(5) Manufacturers reporting requirements. 287.17(5)(a)1.1. Except as provided in subd. 3., with each registration that it submits under sub. (3), a manufacturer shall report one of the following to the department: 287.17(5)(a)1.a.a. The total weight of each model of its covered electronic devices sold to households or covered schools in this state during the previous program year. 287.17(5)(a)1.b.b. The total weight of all of its covered electronic devices sold to households or covered schools in this state during the previous program year. 287.17(5)(a)1.c.c. An estimate, based on national sales data, of the total weight of its covered electronic devices sold to households or covered schools in this state during the previous program year. 287.17(5)(a)2.2. A manufacturer shall include in the report required under subd. 1. a description of how the manufacturer calculated the weight reported under subd. 1. 287.17(5)(a)3.3. 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. 287.17(5)(a)4.4. The department may reject a manufacturer’s report under subd. 1. if it determines that the report is not complete or not reasonably accurate. 287.17(5)(b)(b) Weight of eligible electronic devices recycled. 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 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. 287.17(5)(c)(c) Recycling credits. With the registration that it submits under sub. (3), beginning in 2011, a manufacturer shall report all of the following to the department: 287.17(5)(c)1.1. The number of recycling credits that the manufacturer purchased during the preceding program year. 287.17(5)(c)2.2. The number of recycling credits that the manufacturer sold during the preceding program year. 287.17(5)(c)3.3. The number of recycling credits that the manufacturer elects to use in the calculation of its shortfall fees under sub. (4) (d) 2. 287.17(5)(c)4.4. The number of recycling credits available to the manufacturer after calculating its shortfall fees under sub. (4) (d) 2. 287.17(7)(a)1.1. 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 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: 287.17(7)(a)1.a.a. The name, address, and contact information of a responsible individual. 287.17(7)(a)1.b.b. The street address of all facilities at which the person operates as a collector. 287.17(7)(a)1.c.c. A certification that the person has all governmental licenses or other approvals that are required to operate as a collector and has complied, and will continue to comply, with the requirements of this subsection and with applicable health, environmental, safety, and financial responsibility requirements. 287.17(7)(a)2.2. A complete registration is effective on receipt by the department and is valid until the first day of the 2nd month of the following program year unless suspended or revoked before that date. 287.17(7)(b)(b) Reports and records. No later than the first day of the 2nd month of each program year, 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. 287.17(7)(c)(c) Limitation. A registered collector may not use prison labor to collect eligible electronic devices the weight of which was or will be reported under sub. (5) (b). 287.17(8)(a)1.1. 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 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: 287.17(8)(a)1.a.a. The name, address, and contact information of a responsible individual. 287.17(8)(a)1.b.b. The street address of all facilities at which the person conducts recycling. 287.17(8)(a)1.d.d. Documentation of the liability insurance required under this subsection. 287.17(8)(a)2.2. A complete registration is effective on receipt by the department and is valid until the first day of the 2nd month of the following program year unless suspended or revoked before that date. 287.17(8)(b)1.1. No later than the first day of the 2nd month of each program year, 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. 287.17(8)(b)2.2. No later than the first day of the 8th month of each program year, a registered recycler shall report to the department all of the following:
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Chs. 279-299, Natural Resources
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