Wisconsin Legislative Council
ACT MEMO
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Prepared by: Benjamin Kranner, Staff Analyst March 20, 2024
2023 Wisconsin Act 108
[2023 Senate Bill 866]
Modifications to the Electronic
Waste Recycling Program
The Department of Natural Resources (DNR) administers an electronic waste recycling program, often
referred to as “E-Cycle Wisconsin.” Under the program, a manufacturer may not sell covered electronic
devices to a household or covered school,
1
or deliver covered electronic devices to a retailer for
subsequent sale to a household or covered school, unless certain requirements are met. Among these
requirements, a manufacturer must generally register with DNR, pay certain fees, report specific
information, and recycle or arrange for the recycling of eligible electronic devices. Additionally, statutes
establish requirements for collectors and recyclers of electronic devices.
2023 Wisconsin Act 108 makes various changes to the electronic waste recycling program, as discussed
below.
TARGET RECYCLING WEIGHT FORMULA
State law requires a manufacturer to recycle, or arrange for the recycling of, a target weight of eligible
electronic devices in each program year. If a manufacturer does not meet its target recycling weight, the
manufacturer is generally required to pay a shortfall fee to DNR.
Under prior law, a manufacturer’s target weight for a given program year was based upon 80 percent of
the total weight of covered electronic devices that the manufacturer sold to households and covered
schools in the state in the program year that began three years prior to the given program year. The act
changes the target weight formula, providing that a manufacturer’s target is based upon the
manufacturer’s market share of the weight of covered devices sold in the state in the program year that
began two program years prior to the given program year. A manufacturer’s target recycling weight is
calculated by multiplying this market share by the total weight of eligible devices, collected in the state,
that recyclers received for recycling in the program year that began two program years prior to the
program year in which the target will apply.
Generally reflecting the changes to the target recycling weight formula, the act also modifies
manufacturer reporting requirements. Additionally, the act requires DNR to calculate each
manufacturer’s target recycling weight for the upcoming program year, and to notify each manufacturer
of its target no later than the August 1 preceding the program year in which the target will apply.
The act includes nonstatutory provisions to address manufacturer targets for program years 2024 and
2025. The formulae for these targets generally mirror the act’s formula for other program years.
However, the 2024 and 2025 targets are calculated using manufacturer market shares in certain
calendar years, rather than program years. The formula for a manufacturer’s 2025 target also includes a
1
“Covered school” is defined to mean a public elementary or secondary school, including a charter school; a private
elementary or secondary school; or a tribal school. [s. 287.17 (1) (fm), Stats.] - 2 -
two-thirds multiplier, reflecting the fact that the formula relies upon the weight of devices collected
during an 18-month period (the “transition year”).
2
REGISTRATION FEES
State law requires a manufacturer to pay a registration fee to DNR in each program year. The statutes
establish various tiers of registration fees,
3
with the applicability of each tier based upon the number of
covered devices that a manufacturer sold in the previous program year.
The act modifies the registration fees associated with certain tiers, as well as the number of devices that
a manufacturer must sell to qualify for a particular tier. Under the act, the tiers, and associated
registration fees, are as follows:
4
If a manufacturer sold at least 550 covered devices in the state in the previous program year, the
manufacturer must pay a registration fee of $5,500. Under prior law, this tier began at 500 devices,
and was associated with a $5,000 registration fee.
If a manufacturer sold at least 250, but fewer than 550 covered devices in the state in the previous
program year, the manufacturer must pay a registration fee of $2,500. Under prior law, this tier
ended at 500 devices and was associated with a $1,250 registration fee.
If a manufacturer sold fewer than 250 covered devices, the manufacturer is not required to pay a
registration fee. This tier is unchanged relative to prior law.
DEFINITION OF PERIPHERAL
2023 Wisconsin Act 108 modifies the definition of a “peripheral,” a type of electronic device that may be
recycled and counted toward a manufacturer’s target recycling weight. Prior to the act, the definition of
“peripheral” was limited to certain types of devices sold exclusively for external use with a consumer
computer and that provide input into or output from a consumer computer (e.g., a keyboard). The act
expands the definition to also include devices sold exclusively for external use with a consumer
video display device and that provide input into or output from a consumer video display device.
CONDITIONS FOR WAIVER OF SHORTFALL FEES
As noted previously, a manufacturer must generally pay a shortfall fee if the manufacturer fails to
recycle, or arrange for the recycling of, a target weight of eligible devices. Prior law, retained by the act,
provided that a manufacturer may obtain relief from the shortfall fee if it submits a request, along with
supporting information, indicating that it has made good faith progress toward meeting its target
recycling weight. If DNR determines that a manufacturer has made good faith progress toward meeting
the target, then it must waive the shortfall fee.
The act directs DNR to promulgate rules establishing what may constitute good faith progress
toward meeting a target recycling weight. The rule must provide flexibility in staff determination of
2
This 18-month period, from July 1, 2022, to December 31, 2023, was a product of 2021 Wisconsin Act 79, which
shifted the y ears used for the administration of the electronic waste recycling program from the state fiscal year to the
calendar y ear.
3
The statutes also authorize DNR to modify the registration fees associated with the tiers that require a registration fee.
This authority is unaffected by the act.
4
The statutes also establish unique fees and thresholds for the “transition year,” the 18-month program y ear from July
1, 2022, to December 31, 2023. This transition year was a product of 2021 Wisconsin Act 79, which shifted the years
used for the administration of the electronic waste recycling program from the state fiscal year to the calendar y ear. - 3 -
good faith progress, but must establish means by which a manufacturer may demonstrate good faith
progress. The rule must also 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.
Effective date: March 16, 2024
For a full history of the bill, visit the Legislature’s bill history page.
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