287.17(1)(am)

(am) “Cathode-ray tube” means a vacuum tube used to convert an electronic signal into a visual image.

287.17(1)(gm)

(gm) “Electronic device” means a device that requires electric current or electromagnetic fields to function and that contains a circuit board.

287.17(1)(gs)4.

4. A digital video disc player.

287.17(1)(gs)5.

5. A video cassette recorder.

287.17(1)(gs)6m.

6m. A consumer printer.

287.17(1)(jm)

(jm) “Program quarter” means a 3-month period ending on March 31, June 30, September 30, or December 31.

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(3)(a)2.

2. The name, address, and contact information of an individual responsible for ensuring compliance with this section.

287.17(4)(b)

(b) Registration fees.

287.17(4)(g)

(g) Relief from shortfall fee.

287.17(5)(c)2.

2. The number of recycling credits that the manufacturer sold during the preceding program year.

287.17(7)(a)1.b.

b. The street address of all facilities at which the person operates as a collector.

287.17(8)(a)1.a.

a. The name, address, and contact information of a responsible individual.

287.17(8)(c)

(c) Operational requirements.

287.17(8)(c)3.d.

d. An irrevocable letter of credit.

287.17(10)(d)6.

6. A description of any actions taken to enforce the requirements of this section.

287.17(11)(b)

(b) Others. Any person, other than a manufacturer, who violates this section may be required to forfeit not more than $1,000 for each violation.

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)(b)

(b) Reports and records.

287.17(8)(b)2.

2. No later than February 1 of each program year, beginning in 2011, a registered recycler shall report to the department all of the following:

287.17(8)(c)3.a.

a. A surety bond.

287.17(8)(c)3.b.

b. A deposit of cash, certificates of deposit, or securities issued by the federal government.

287.17(8)(c)3.c.

c. An escrow account.

287.17(1)(gs)1.

1. A consumer computer.

287.17(1)(gs)2.

2. A peripheral.

287.17(1)(gs)3.

3. A facsimile machine.

287.17(7)

(7) Collectors.

287.17(7)(a)

(a) Registration.

287.17(7)(a)1.a.

a. The name, address, and contact information of a responsible individual.

287.17(1)(k)

(k) “Program year” means the period from July 1 to the following June 30.

287.17(1)(nm)

(nm) “Rural county” means a county that is not an urban county.

287.17(1)(o)

(o) “Sell” means to transfer title or right to use for consideration.

287.17(2)

(2) Requirements for sale of covered electronic devices.

287.17(1)(gs)4m.

4m. A digital video player that does not use a disc and that is not a camera.

287.17(1)(gs)5m.

5m. A video recorder that does not use a cassette and that is not a camera.

287.17(1)(gs)6.

6. A consumer video display device.

287.17(1)(h)

(h) “Household” means one or more individuals who occupy one dwelling unit in a detached or multiunit building.

287.17(1)(i)

(i) “Manufacturer” means a person who does any of the following:

287.17(1)(i)1.

1. Manufactures covered electronic devices to be sold under the person’s own brand.

287.17(1)(i)2.

2. Sells covered electronic devices manufactured by others under the person’s own brand.

287.17(8)(c)3.e.

e. An irrevocable trust.

287.17(8)(c)5.

5. A registered recycler shall maintain records that do all of the following:

287.17(8)(d)3.

3. Complies with federal requirements under 29 CFR 1910.120 concerning occupational and environmental health and safety training for employees.

287.17(1)(eg)

(eg)

287.17(1)(eg)1.a.

a. A desktop printer.

287.17(1)(eg)2.

2. “Consumer printer” does not include a calculator with printing capabilities or a label maker.

287.17(1)(f)

(f) “Covered electronic device” means a consumer video display device, a consumer computer, or a consumer printer.

287.17

287.17 Electronic waste recycling.

287.17(1)

(1) Definitions. In this section:

287.17(1)(a)

(a) “Camera” means a device that records images and that is designed to be hand-held.

287.17(1)(b)

(b) “Collection” means the act of receiving eligible electronic devices from households or schools and delivering, or arranging for the delivery of, the eligible electronic devices to a recycler.

287.17(1)(c)

(c) “Collector” means a person who receives eligible electronic devices from households or schools and delivers, or arranges for the delivery of, the eligible electronic devices to a recycler.

287.17(1)(d)

(d) “Computer monitor” means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a consumer computer or the Internet.

287.17(1)(e)

(e) “Consumer computer” means a high-speed data processing device for performing logical, arithmetic, or storage functions that is marketed by the manufacturer for use by households or schools, except that “consumer computer” does not include an automated typewriter or typesetter, a portable hand-held calculator or device, or other similar device.

287.17(1)(eg)1.

1. “Consumer printer” means, except as provided in subd. 2., one of the following that is marketed by the manufacturer for use by households or schools:

287.17(1)(eg)1.b.

b. A device that prints and has other functions, such as copying, scanning, or sending facsimiles, and that is designed to be placed on a work surface.

287.17(1)(em)

(em) “Consumer video display device” means a television or computer monitor with a tube or screen that is at least 7 inches in its longest diagonal measurement and that is marketed by the manufacturer for use by households or schools, except that “consumer video display device” does not include any of the following:

287.17(1)(em)1.

1. A television or computer monitor that is part of a motor vehicle and that is incorporated into the motor vehicle by, or for, a motor vehicle manufacturer or a franchised motor vehicle dealer.

287.17(1)(em)2.

2. A television or computer monitor that is contained within a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or stove, dishwasher, room air conditioner, dehumidifier, or air purifier.

287.17(1)(g)

(g) “Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

287.17(1)(gs)

(gs) “Eligible electronic device” means a device that is one of the following and that is used by a household primarily for personal use or by a school, unless the device is of a kind exempted by a rule promulgated under § 287.17 (10)(i):

287.17(2)(c)

(c) Retailers.

287.17(3)

(3) Registration of manufacturers.

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(1)(gs)7.

7. Another kind of electronic device identified by the department under sub. (i).

287.17(1)(i)3.

3. Except as provided in sub. (1m), licenses the person’s brand for manufacture and sale of covered electronic devices by others.

287.17(1)(j)

(j) “Peripheral” means a keyboard or any other device, other than a consumer printer, that is sold exclusively for external use with a consumer computer and that provides input into or output from a consumer computer.

287.17(1)(L)

(L) “Recycler” means a person who accepts eligible electronic devices from households, schools, or collectors for the purpose of recycling. “Recycler” does not include a manufacturer who accepts products exclusively for refurbishing or repair.

287.17(1)(m)

(m) “Recycling” means preparing eligible electronic devices for use in manufacturing processes or for recovery of useable materials and delivering the materials for use. “Recycling” does not include destruction by incineration or other processes or land disposal of recyclable materials and does not include reuse, repair, or any other process through which eligible electronic devices are returned for use by households or schools in their original form.

287.17(1)(mg)

(mg) “Registered collector” means a collector who is registered under sub. (7).

287.17(1)(mr)

(mr) “Registered recycler” means a recycler who is registered under sub. (8).

287.17(1)(n)

(n) “Retailer” means a person who sells a covered electronic device to a household or school in this state, in person or by mail, telephone, or the Internet, for use by the household or school.

287.17(1)(np)

(np) “School” means a public school, as defined in § 115.01 (1), a private school participating in the program under § 118.60, or a private school participating in the program under § 119.23.

287.17(1)(p)

(p) “Television” means an electronic device, with a cathode-ray tube or flat panel display, primarily intended to receive video programming via broadcast, cable, or satellite transmission or to receive video images from surveillance or similar cameras.

287.17(1)(pm)

(pm) “Urban county” means Brown County, Calumet County, Chippewa County, Dane County, Dodge County, Douglas County, Dunn County, Eau Claire County, Fond du Lac County, Grant County, Green County, Jefferson County, Kenosha County, LaCrosse County, Lincoln County, Manitowoc County, Marathon County, Marinette County, Milwaukee County, Outagamie County, Ozaukee County, Pierce County, Portage County, Racine County, Rock County, Sauk County, Sheboygan County, St. Croix County, Walworth County, Washington County, Waukesha County, Winnebago County, or Wood County.

287.17(4)(d)

(d) Annual shortfall fee after 2010. The annual shortfall fee to be paid by a manufacturer in a year after 2010 is calculated as follows:

287.17(4)(f)

(f) Weight recycled.

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. (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)(a)

(a) Manufacturers. Beginning on February 1, 2010, a manufacturer may not sell to a household or school, offer to sell to a household or school, or deliver to a retailer for subsequent sale to a household or school a new covered electronic device unless all of the following apply:

287.17(2)(a)2.

2. The manufacturer is registered with the department in accordance with sub. (3).

287.17(2)(a)3.

3. The manufacturer pays the fees under sub. (4).

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 schools in this state.

287.17(2)(a)5.

5. The manufacturer reports as required under sub. (5).

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 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. (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 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 February 1, 2010, and annually, no later than September 1 beginning in 2010, submit to the department a registration that includes all of the following:

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)(e)

(e) A complete registration is effective on receipt by the department and is valid until the following September 1 unless revoked before that date.

287.17(4)

(4) Manufacturer recycling targets, fees, and recycling credits.

287.17(3)(b)

(b) Beginning with the registration due by September 1, 2010, a manufacturer shall indicate in its registration under para. (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 para. (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)(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)(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)1.

1. If the manufacturer sold at least 250 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $5,000, except, as provided under sub. (k).

287.17(4)(b)2.

2. If the manufacturer sold at least 25 but fewer than 250 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $1,250.

287.17(4)(b)3.

3. If the manufacturer sold fewer than 25 covered electronic devices in this state during the previous program 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 para. (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 schools in this state for 3 full program years and except as provided under para. (g).

287.17(8)

(8) Recyclers.

287.17(8)(a)

(a) Registration.

287.17(4)(d)1.

1. Determine the manufacturer’s target recycling weight by multiplying the number of pounds of the manufacturer’s covered electronic devices sold to households or schools in this state during the program year that began 36 months before the beginning of the program year in which the calculation is made, as reported under sub. (a), by 0.8.

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(5)

(5) Manufacturers reporting requirements.

287.17(5)(a)

(a) Weight of covered electronic devices sold.

287.17(5)(c)1.

1. The number of recycling credits that the manufacturer purchased during the preceding program year.

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. (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. (b) for that program year, except that if the manufacturer reports separately the weight of eligible electronic devices used by households or schools in rural counties and used by households or schools in urban counties for a program year, the weight is determined by adding the weight used by households or schools in urban counties in that program year and 1.25 times the weight used by households or 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. (b) for that period, except that if the manufacturer reports separately the weight of eligible electronic devices used by households or schools in rural counties and used by households or schools in urban counties for that period, the weight is determined by adding the weight used by households or schools in urban counties in that period and 1.25 times the weight used by households or 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(10)(f)

(f) Outreach and communication.

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 schools in this state during the program year that began 24 months before the beginning of the program year in which the report is made.

287.17(5)(a)1.b.

b. The total weight of all of its covered electronic devices sold to households or schools in this state during the program year that began 24 months before the beginning of the program year in which the report is made.

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 schools in this state during the program year that began 24 months before the beginning of the program year in which the report is made.

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 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(7)(b)

(b) Reports and records. No later than August 1 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.

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. (b).

287.17(8)(a)1.

1. Beginning on January 1, 2010, 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, to the department a registration, using a form prescribed by the department, that includes all of the following:

287.17(5)(b)

(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 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 report separately the weight of eligible electronic devices used by households or schools in rural counties and used by households or schools in urban counties for the purpose of obtaining the weight adjustment under sub. (f) for eligible electronic devices received from households or 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)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. Beginning on January 1, 2010, 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, to the department a registration, using a form prescribed by the department, that includes all of the following:

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 following August 1 unless suspended or revoked before that date.

287.17(8)(a)1.c.

c. The certification required under para. (d).

287.17(8)(a)2.

2. A complete registration is effective on receipt by the department and is valid until the following August 1 unless suspended or revoked before that date.

287.17(8)(b)1.

1. No later than August 1 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.

287.17(8)(b)2.a.

a. The total weight of eligible electronic devices collected in this state that the recycler received for recycling on behalf of a manufacturer during the first 6 months of the program year and the name of the manufacturer.

287.17(8)(b)2.b.

b. The total weight of eligible electronic devices collected in this state that the recycler received for recycling during the first 6 months of the program year in anticipation of attributing them to a manufacturer for the purposes of the program under this section.

287.17(8)(b)3.

3. A registered recycler shall maintain records of the sources of eligible electronic devices collected in this state that the recycler receives for recycling on behalf of a manufacturer registered under sub. (3).

287.17(8)(c)1.

1. A registered recycler shall maintain liability insurance coverage in the amount of at least $1,000,000 for environmental releases, accidents, and other emergencies.

287.17(8)(c)2.

2. A registered recycler may not use prison labor to recycle eligible electronic devices the weight of which was or will be reported under sub. (b).

287.17(8)(c)3.

3. A registered recycler shall maintain proof of financial responsibility ensuring the availability of funds in an amount sufficient to cover the reasonable estimated costs of paying another person to close the facilities at which recycling is conducted, including managing any remaining eligible electronic devices or materials derived from eligible electronic devices and performing any necessary environmental cleanup. The registered recycler shall maintain, and provide to the department upon request, an itemized statement of the estimated costs in a form specified by the department and documentation of the source of the estimates. The registered recycler may provide the proof of financial responsibility required under this subdivision using one of the following:

287.17(8)(c)4.

4. A registered recycler shall maintain records that can be used to determine, for each program year, the total weight of eligible electronic devices recycled by the recycler on behalf of manufacturers under this section, the weight of materials derived from those eligible electronic devices that the registered recycler sends to another person for use in a manufacturing process or for recovery of useable materials, and the weight of materials derived from those eligible electronic devices that the registered recycler sends to be disposed of in a solid waste disposal facility or burned at a solid waste treatment facility.

287.17(8)(c)5.a.

a. Identify each person who received from the registered recycler materials derived from eligible electronic devices recycled on behalf of manufacturers under this section.

287.17(8)(c)5.b.

b. If a person identified under subd. 5. a. does not use the materials in a manufacturing process, identify each person who receives from the person identified under subd. 5. a. materials derived from eligible electronic devices recycled on behalf of manufacturers under this section