Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB958 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 958
5	5	January 16, 2024 - Introduced by Representatives MURSAU and O'CONNOR,
6	6	cosponsored by Senators COWLES, AGARD, JAMES, WANGGAARD and SPREITZER.
7	7	Referred to Committee on Environment.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to repeal 287.17 (10) (c) 1. a.; to renumber and amend 287.17 (4) (d)
10	10	1.; to amend 287.17 (1) (j), 287.17 (4) (b) 1., 287.17 (4) (b) 2., 287.17 (5) (a) 1.
11	11	a., 287.17 (5) (a) 1. b., 287.17 (5) (a) 1. c. and 287.17 (10) (c) 2.; and to create
12	12	287.17 (4) (d) 1. b. and 287.17 (4) (g) 3. of the statutes; relating to: changes to
13	13	the electronic waste recycling program and granting rule-making authority.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill makes changes to the electronic waste recycling program, known as
16	16	E-Cycle Wisconsin, which is administered by the Department of Natural Resources.
17	17	Manufacturer target recycling weights
18	18	Under the existing program, a manufacturer may not sell certain consumer
19	19	electronic devices to households or covered schools in this state unless the
20	20	manufacturer registers with DNR each year, pays a registration fee, and either
21	21	recycles a certain amount of electronics or pays a shortfall fee. Currently, a
22	22	manufacturer's recycling target for any given year is 80 percent of the weight of
23	23	electronics that the manufacturer sold to households or covered schools in this state
24	24	during the year that began three years before the beginning of the year in which the
25	25	calculation is made.
26	26	Under the bill, DNR must calculate each manufacturer's target recycling
27	27	weight for the upcoming year and notify each manufacturer of its target by the
28	28	August 1 prior to the year in which the target will apply. Under the bill, DNR must
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36	36	first determine a manufacturer's market share percentage by dividing the weight of
37	37	electronic devices the manufacturer sold to households or covered schools in this
38	38	state during the previous year (the year that began two years before the beginning
39	39	of the year in which the target recycling weight will apply) by the total weight of all
40	40	manufacturers' covered electronic devices sold to households or covered schools in
41	41	this state during the same program year. DNR then multiplies this percentage by
42	42	the total weight of electronic devices collected in this state by recyclers during the
43	43	previous year (the year that began two years before the beginning of the year in
44	44	which the target recycling weight will apply).
45	45	Manufacturer reporting
46	46	Currently, a manufacturer must annually report to DNR the total weight of all
47	47	of its electronic devices sold to households or covered schools in this state during the
48	48	year that began two years before the beginning of the year in which the report is
49	49	made. The bill changes this to require reporting of this weight from the previous
50	50	year.
51	51	Eligible electronic devices
52	52	Under current law, only eligible electronic devices that are collected by a
53	53	recycler may be counted towards a manufacturer's target recycling weight. “Eligible
54	54	electronic device” is defined to include devices such as consumer computers,
55	55	consumer video display devices, and peripherals. “Peripheral” is defined to mean
56	56	devices that are sold for external use with a consumer computer and that provide
57	57	input into or output from a consumer computer.
58	58	This bill changes the definition of a “peripheral” to include devices that are sold
59	59	for external use with a consumer video display device and that provide input into or
60	60	output from a consumer video display device. The bill therefore includes these
61	61	devices in the definition of “eligible electronic device.”
62	62	Good faith progress toward a target recycling weight
63	63	Current law provides that, if a manufacturer makes a good faith effort towards
64	64	meeting its target recycling weight in a given year, but does not meet its target, DNR
65	65	may waive the requirement for the manufacturer to pay a shortfall fee for that year.
66	66	The bill requires DNR to promulgates rules establishing what constitutes good
67	67	faith in this context.
68	68	Manufacturer fees
69	69	Under current law, a manufacturer's annual registration fee is $5,000 if it sold
70	70	at least 500 covered electronic devices (consumer video display devices, consumer
71	71	computers, or consumer printers) in this state during the previous year and $1,250
72	72	if the manufacturer sold at least 250 but fewer than 500 covered electronic devices.
73	73	Under the bill, a manufacturer's annual registration fee is $5,500 if it sold at
74	74	least 550 covered electronic devices in this state during the previous year and $2,500
75	75	if the manufacturer sold at least 250 but fewer than 550 covered electronic devices.
76	76	Under current law, which is unchanged under the bill, manufacturers that sell fewer
77	77	than 250 devices in a year do not pay a registration fee. - 3 -2023 - 2024 Legislature
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81	81	For further information see the state fiscal estimate, which will be printed as
82	82	an appendix to this bill.
83	83	The people of the state of Wisconsin, represented in senate and assembly, do
84	84	enact as follows:
85	85	SECTION 1. 287.17 (1) (j) of the statutes is amended to read:
86	86	287.17 (1) (j) “Peripheral" means a keyboard or any other device, other than
87	87	a consumer printer, that is sold exclusively for external use with a consumer
88	88	computer or consumer video display device and that provides input into or output
89	89	from a consumer computer or consumer video display device.
90	90	SECTION 2. 287.17 (4) (b) 1. of the statutes is amended to read:
91	91	287.17 (4) (b) 1. If the manufacturer sold at least 500 550 covered electronic
92	92	devices in this state during the previous program year, the manufacturer shall pay
93	93	a registration fee of $5,000 $5,500, except as provided under sub. (10) (k).
94	94	SECTION 3. 287.17 (4) (b) 2. of the statutes is amended to read:
95	95	287.17 (4) (b) 2. If the manufacturer sold at least 250 but fewer than 500 549
96	96	covered electronic devices in this state during the previous program year, the
97	97	manufacturer shall pay a registration fee of $1,250 $2,500, except as provided under
98	98	sub. (10) (k).
99	99	SECTION 4. 287.17 (4) (d) 1. of the statutes is renumbered 287.17 (4) (d) 1.
100	100	(intro.) and amended to read:
101	101	287.17 (4) (d) 1. (intro.) Determine the manufacturer's target recycling weight
102	102	by multiplying. The department shall calculate the target recycling weight for each
103	103	manufacturer for the upcoming program year and shall report a manufacturer's
104	104	target recycling weight to the manufacturer no later than the August 1 preceding the
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126	126	SECTION 4 ASSEMBLY BILL 958
127	127	program year in which the target recycling weight will apply. The department shall
128	128	calculate a manufacturer's target recycling weight as follows:
129	129	a. Divide the number of pounds of the manufacturer's covered electronic
130	130	devices sold to households or covered schools in this state during the program year
131	131	that began 3 2 program years before the beginning of the program year in which the
132	132	calculation is made target recycling weight will apply, as reported under sub. (5) (a),
133	133	by 0.8 the total weight of all manufacturers' covered electronic devices sold to
134	134	households or covered schools in this state during the same program year. The
135	135	quotient, rounded to the nearest one-hundredth, shall be the manufacturer's market
136	136	share percentage.
137	137	SECTION 5. 287.17 (4) (d) 1. b. of the statutes is created to read:
138	138	287.17 (4) (d) 1. b. Multiply the manufacturer's market share percentage, as
139	139	calculated under subd. 1. a., by the total weight of eligible electronic devices collected
140	140	in this state by recyclers during the program year that began 2 program years before
141	141	the beginning of the program year in which the target recycling weight will apply,
142	142	as reported under sub. (8) (b) 1. The product, rounded to the nearest whole number,
143	143	shall be the manufacturer's target recycling weight for the upcoming program year.
144	144	SECTION 6. 287.17 (4) (g) 3. of the statutes is created to read:
145	145	287.17 (4) (g) 3. The department shall establish by rule what may constitute
146	146	good faith progress toward meeting a target recycling weight under this paragraph.
147	147	The rule shall provide flexibility in staff determination of good faith progress, but
148	148	shall establish means by which good faith progress may be demonstrated, and shall
149	149	account for circumstances beyond a manufacturer's control such as a reduction in
150	150	collection sites or events due to a local or statewide declared emergency.
151	151	SECTION 7. 287.17 (5) (a) 1. a. of the statutes is amended to read:
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179	179	SECTION 7
180	180	ASSEMBLY BILL 958
181	181	287.17 (5) (a) 1. a. The total weight of each model of its covered electronic
182	182	devices sold to households or covered schools in this state during the previous
183	183	program year that began 2 program years before the beginning of the program year
184	184	in which the report is made.
185	185	SECTION 8. 287.17 (5) (a) 1. b. of the statutes is amended to read:
186	186	287.17 (5) (a) 1. b. The total weight of all of its covered electronic devices sold
187	187	to households or covered schools in this state during the previous program year that
188	188	began 2 program years before the beginning of the program year in which the report
189	189	is made.
190	190	SECTION 9. 287.17 (5) (a) 1. c. of the statutes is amended to read:
191	191	287.17 (5) (a) 1. c. An estimate, based on national sales data, of the total weight
192	192	of its covered electronic devices sold to households or covered schools in this state
193	193	during the previous program year that began 2 program years before the beginning
194	194	of the program year in which the report is made.
195	195	SECTION 10. 287.17 (10) (c) 1. a. of the statutes is repealed.
196	196	SECTION 11. 287.17 (10) (c) 2. of the statutes is amended to read:
197	197	287.17 (10) (c) 2. If the department determines that any of the values under
198	198	subd. 1. a. b. to d. should be changed in order to improve the effectiveness of the
199	199	program under this section or to provide more recycling opportunities to rural areas
200	200	of this state, the department shall report its recommendations for changes under s.
201	201	13.172 (3) to the committee of each house of the legislature with jurisdiction over
202	202	solid waste policy.
203	203	SECTION 12.0Nonstatutory provisions.
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228	228	SECTION 12 ASSEMBLY BILL 958
229	229	(1) RECYCLING TARGETS FOR PROGRAM YEAR 2024. Notwithstanding s. 287.17 (4)
230	230	(d) 1., a manufacturer's target recycling weight for program year 2024 shall be
231	231	determined as follows:
232	232	(a) Divide the number of pounds of the manufacturer's covered electronic
233	233	devices sold to households or covered schools in this state during program year
234	234	2021-22, as reported under s. 287.17 (5) (a), by the total weight of all manufacturers'
235	235	covered electronic devices sold to households or covered schools in this state during
236	236	the same program year. The quotient, rounded to the nearest one-hundredth, shall
237	237	be the manufacturer's market share percentage.
238	238	(b) Multiply the manufacturer's market share percentage, as calculated under
239	239	par. (a), by the total weight of eligible electronic devices collected in this state by
240	240	recyclers during program year 2021-22, as reported under s. 287.17 (8) (b) 1. The
241	241	product, rounded to the nearest whole number, shall be the manufacturer's target
242	242	recycling weight for program year 2024.
243	243	(2) RECYCLING TARGETS FOR PROGRAM YEAR 2025.
244	244	(a) In this subsection, “transition year" has the meaning given in s. 287.17 (1)
245	245	(pg).
246	246	(b) Notwithstanding s. 287.17 (4) (d) 1., a manufacturer's target recycling
247	247	weight for program year 2025 shall be determined as follows:
248	248	1. Divide the number of pounds of the manufacturer's covered electronic
249	249	devices sold to households or covered schools in this state during the transition year,
250	250	as reported under s. 287.17 (5) (a), by the total weight of all manufacturers' covered
251	251	electronic devices sold to households or covered schools in this state during the
252	252	transition year. The quotient, rounded to the nearest one-hundredth, shall be the
253	253	manufacturer's market share percentage.
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281	281	SECTION 12
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283	283	2. Multiply the manufacturer's market share percentage, as calculated under
284	284	subd. 1., by the total weight of eligible electronic devices collected in this state by
285	285	recyclers during the transition year, as reported under s. 287.17 (8) (b) 1.
286	286	3. Multiply the product under subd. 2. by two-thirds. The product, rounded
287	287	to the nearest whole number, shall be the manufacturer's target recycling weight for
288	288	program year 2025.
289	289	(END)
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