LRB-3058/2
RCT:jld&bk:jf
2007 - 2008 LEGISLATURE
January 17, 2008 - Introduced by Senators Miller, Jauch, Lassa, Risser, Lehman,
Erpenbach, Taylor
and Wirch, cosponsored by Representatives Stone,
Sherman, A. Ott, Molepske, Shilling, Zepnick, Black, Berceau, Hebl, Pocan,
Boyle, Pope-Roberts, Benedict, Grigsby, Hilgenberg, Schneider
and Parisi.
Referred to Committee on Environment and Natural Resources.
SB397,1,4 1An Act to amend 287.91 (2) and 287.97; and to create 16.71 (7), 20.370 (2) (hr),
225.49 (1m), 287.07 (5), 287.13 (5) (i) and 287.17 of the statutes; relating to: the
3disposal, collection, and recycling of electronic devices, making an
4appropriation, and providing penalties.
Analysis by the Legislative Reference Bureau
This bill relates to the collection, recycling, and disposal of certain electronic
devices.
Manufacturers of video display devices
In general
This bill imposes a number of requirements on manufacturers of video display
devices. A video display device is a television or a computer monitor with a tube or
screen that is at least nine inches in the longest diagonal dimension.
Under the bill, beginning on September 1, 2008, a manufacturer may not sell
a video display device at retail, or to a retailer for resale, unless the manufacturer
registers with the Department of Natural Resources (DNR), collects and recycles or
arranges for the collection and recycling of certain electronic devices, makes required
reports, and pays certain fees.
The bill also, beginning on February 1, 2009, prohibits a retailer from selling
a video display device unless the retailer determines, using an Internet site
maintained by DNR, that the manufacturer is registered with DNR.

Registration of manufacturers
The bill requires a manufacturer to register annually with DNR. The
registration must include a list of the manufacturer's brands that are sold in this
state, contact information, and a certification that the manufacturer complies with
the requirements in the bill. Beginning in 2009, the bill requires a manufacturer to
disclose, when it registers, whether its video display devices contain certain
hazardous substances, including lead and mercury.
The bill requires DNR to revoke the registration of a manufacturer that violates
the requirements in the bill.
Collection and recycling
The bill requires a manufacturer of video display devices to collect and recycle
or arrange for the collection and recycling of certain electronic devices that were used
by individuals. Collecting more electronic devices, by weight, lowers the fees that a
manufacturer is required to pay, as described below. A manufacturer is not limited
to collecting electronic devices made by the manufacturer and is not limited to
collecting video display devices. The electronic devices that are counted as satisfying
a manufacturer's obligation to collect and recycle (covered electronic devices)
include, in addition to video display devices, computers, computer peripherals,
digital video players, and video recorders. Electronic devices used by businesses do
not count toward a manufacturer's obligation to collect and recycle.
Under the bill, a manufacturer may not charge an individual a fee when the
individual relinquishes a covered electronic device for collection and recycling.
Reporting and assessments
The bill requires a manufacturer to make quarterly reports to DNR of the
weight of its video display devices sold to individuals in this state and of the weight
of covered electronic devices collected by or on behalf of the manufacturer. The bill
also requires a manufacturer to conduct assessments of any collectors and recyclers
with whom it contracts.
Fees
The bill requires each manufacturer to pay a base fee annually. The fee is
generally $5,000 in 2008 and $2,500 after 2008.
The bill provides for a variable fee, in addition to the base fee. The amount of
the variable fee is based on the weight of a manufacturer's video display devices sold
and the weight of covered electronic devices recycled by or on behalf of the
manufacturer and on whether the manufacturer pays the variable fee annually or
quarterly. The fee is lower if the manufacturer pays quarterly. Manufacturers are
allowed to count covered electronic devices collected from individuals in rural
counties (identified in the bill) as weighing 1.5 times their actual weight.
If a manufacturer meets its target recycling weight, which is 0.6 times the
weight of its video display devices sold the first year and 0.8 times the weight of its
video display devices sold after the first year, it is not required to pay a variable fee.
If a manufacturer exceeds its target recycling weight, it receives credits, which it may
use to meet its target recycling weight in any of the next three years or which it may
sell to other manufacturers for that purpose.

Penalties
A manufacturer may be required to pay a civil monetary penalty (forfeiture) of
not more than $10,000 for each violation of the requirements in the bill. The
maximum forfeiture for a violation by any person other than a manufacturer is
$1,000.
Collectors
The bill requires collectors to register annually with DNR. A collector receives
covered electronic devices from individuals and delivers them to recyclers. The bill
requires a collector to certify annually that it complies with the requirements in the
bill and with applicable financial responsibility requirements. The bill also requires
a collector to report to DNR on a quarterly basis the total weight of covered electronic
devices collected and the names of recyclers to whom the collector delivered covered
electronic devices.
Recyclers
The bill requires recyclers to register annually with DNR. A recycler accepts
covered electronic devices from individuals and collectors and prepares the devices
for use in manufacturing or recovers useable materials from the devices. The bill
requires a recycler to certify annually that it complies with the requirements in the
bill and with applicable health, environmental, safety, and financial responsibility
requirements.
The bill requires a recycler to maintain liability insurance. It prohibits a
recycler from using prison labor to recycle and from exporting covered electronic
devices to countries that are not members of the Organization for Economic
Cooperation and Development.
The bill requires a recycler to report to DNR on a quarterly basis the total
weight of covered electronic devices collected in this state that it recycles.
Retailers
The bill requires a retailer to report to a manufacturer, on a quarterly basis, the
number of the manufacturer's video display devices, by model, that the retailer sold
to individuals in this state.
The bill also requires a retailer to provide information to purchasers describing
how video display devices can be collected and recycled and describing the
prohibitions on disposing of video display devices in landfills, as described below.
Other provisions
Landfill ban
Current law prohibits various items, including lead acid batteries and major
appliances, from being disposed of in landfills. This bill prohibits the disposal in
landfills of televisions, computer monitors, computers, computer peripherals,
facsimile machines, digital video players, video recorders, and telephones with video
displays. The prohibition takes effect on September 1, 2009. The bill authorizes
DNR to expand the prohibition to other kinds of electronic devices if disposing of the
electronic devices in landfills may be harmful to human health or the environment.

Audits
This bill authorizes DNR to perform or contract for the performance of an audit
of the activities of a collector or a recycler. The bill requires the collector or recycler
to pay a portion of the cost of the audit.
State purchasing
This bill prohibits a state agency from purchasing a television or a computer
monitor unless the manufacturer is registered with DNR, as required by the bill.
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:
SB397, s. 1 1Section 1. 16.71 (7) of the statutes is created to read:
SB397,4,62 16.71 (7) Beginning on September 1, 2008, the department, any other
3designated purchasing agent under sub. (1), and each authority, may not purchase
4a video display device, as defined in s. 287.17 (1) (q), unless the manufacturer of the
5video display device is registered with the department of natural resources under s.
6287.17 (3).
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