Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB866 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment: March 14, 2024
2		-	2023 Senate Bill 866 Date of publication*: March 15, 2024
3		-	2023 WISCONSIN ACT 108
4		-	AN ACT to repeal 287.17 (5) (a) 1m. and 287.17 (10) (c) 1. a.; to renumber and amend 287.17 (4) (d) 1.; to amend
5		-	287.17 (1) (j), 287.17 (4) (b) 1., 287.17 (4) (b) 2., 287.17 (5) (a) 1. (intro.), 287.17 (5) (a) 1. a., 287.17 (5) (a) 1. b.,
6		-	287.17 (5) (a) 1. c. and 287.17 (10) (c) 2.; and to create 287.17 (4) (d) 1. b. and 287.17 (4) (g) 3. of the statutes; relating
7		-	to: changes to the electronic waste recycling program and granting rule−making authority.
8		-	The people of the state of Wisconsin, represented in
9		-	senate and assembly, do enact as follows:
10		-	SECTION 1. 287.17 (1) (j) of the statutes is amended
11		-	to read:
12		-	287.17 (1) (j) “Peripheral” means a keyboard or any
13		-	other device, other than a consumer printer, that is sold
14		-	exclusively for external use with a consumer computer or
15		-	consumer video display device and that provides input
16		-	into or output from a consumer computer or consumer
17		-	video display device.
18		-	SECTION 2. 287.17 (4) (b) 1. of the statutes is
19		-	amended to read:
20		-	287.17 (4) (b) 1. If the manufacturer sold at least 500
21		-	550 covered electronic devices in this state during the
22		-	previous program year, the manufacturer shall pay a reg-
23		-	istration fee of $5,000 $5,500, except as provided under
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 866
	5	+	December 29, 2023 - Introduced by Senators C OWLES, AGARD, JAMES and
	6	+	WANGGAARD, cosponsored by Representatives M URSAU and O'CONNOR.
	7	+	Referred to Committee on Natural Resources and Energy.
	8	+	*AUTHORS SUBJECT TO CHANGE*
	9	+	AN ACT to repeal 287.17 (10) (c) 1. a.; to renumber and amend 287.17 (4) (d)
	10	+	1.; to amend 287.17 (1) (j), 287.17 (4) (b) 1., 287.17 (4) (b) 2., 287.17 (5) (a) 1.
	11	+	a., 287.17 (5) (a) 1. b., 287.17 (5) (a) 1. c. and 287.17 (10) (c) 2.; and to create
	12	+	287.17 (4) (d) 1. b. and 287.17 (4) (g) 3. of the statutes; relating to: changes to
	13	+	the electronic waste recycling program and granting rule-making authority.
	14	+	Analysis by the Legislative Reference Bureau
	15	+	This bill makes changes to the electronic waste recycling program, known as
	16	+	E-Cycle Wisconsin, which is administered by the Department of Natural Resources.
	17	+	Manufacturer target recycling weights
	18	+	Under the existing program, a manufacturer may not sell certain consumer
	19	+	electronic devices to households or covered schools in this state unless the
	20	+	manufacturer registers with DNR each year, pays a registration fee, and either
	21	+	recycles a certain amount of electronics or pays a shortfall fee. Currently, a
	22	+	manufacturer's recycling target for any given year is 80 percent of the weight of
	23	+	electronics that the manufacturer sold to households or covered schools in this state
	24	+	during the year that began three years before the beginning of the year in which the
	25	+	calculation is made.
	26	+	Under the bill, DNR must calculate each manufacturer's target recycling
	27	+	weight for the upcoming year and notify each manufacturer of its target by the
	28	+	August 1 prior to the year in which the target will apply. Under the bill, DNR must
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	35	+	SENATE BILL 866
	36	+	first determine a manufacturer's market share percentage by dividing the weight of
	37	+	electronic devices the manufacturer sold to households or covered schools in this
	38	+	state during the previous year (the year that began two years before the beginning
	39	+	of the year in which the target recycling weight will apply) by the total weight of all
	40	+	manufacturers' covered electronic devices sold to households or covered schools in
	41	+	this state during the same program year. DNR then multiplies this percentage by
	42	+	the total weight of electronic devices collected in this state by recyclers during the
	43	+	previous year (the year that began two years before the beginning of the year in
	44	+	which the target recycling weight will apply).
	45	+	Manufacturer reporting
	46	+	Currently, a manufacturer must annually report to DNR the total weight of all
	47	+	of its electronic devices sold to households or covered schools in this state during the
	48	+	year that began two years before the beginning of the year in which the report is
	49	+	made. The bill changes this to require reporting of this weight from the previous
	50	+	year.
	51	+	Eligible electronic devices
	52	+	Under current law, only eligible electronic devices that are collected by a
	53	+	recycler may be counted towards a manufacturer's target recycling weight. “Eligible
	54	+	electronic device” is defined to include devices such as consumer computers,
	55	+	consumer video display devices, and peripherals. “Peripheral” is defined to mean
	56	+	devices that are sold for external use with a consumer computer and that provide
	57	+	input into or output from a consumer computer.
	58	+	This bill changes the definition of a “peripheral” to include devices that are sold
	59	+	for external use with a consumer video display device and that provide input into or
	60	+	output from a consumer video display device. The bill therefore includes these
	61	+	devices in the definition of “eligible electronic device.”
	62	+	Good faith progress toward a target recycling weight
	63	+	Current law provides that, if a manufacturer makes a good faith effort towards
	64	+	meeting its target recycling weight in a given year, but does not meet its target, DNR
	65	+	may waive the requirement for the manufacturer to pay a shortfall fee for that year.
	66	+	The bill requires DNR to promulgates rules establishing what constitutes good
	67	+	faith in this context.
	68	+	Manufacturer fees
	69	+	Under current law, a manufacturer's annual registration fee is $5,000 if it sold
	70	+	at least 500 covered electronic devices (consumer video display devices, consumer
	71	+	computers, or consumer printers) in this state during the previous year and $1,250
	72	+	if the manufacturer sold at least 250 but fewer than 500 covered electronic devices.
	73	+	Under the bill, a manufacturer's annual registration fee is $5,500 if it sold at
	74	+	least 550 covered electronic devices in this state during the previous year and $2,500
	75	+	if the manufacturer sold at least 250 but fewer than 550 covered electronic devices.
	76	+	Under current law, which is unchanged under the bill, manufacturers that sell fewer
	77	+	than 250 devices in a year do not pay a registration fee. - 3 -2023 - 2024 Legislature
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	80	+	SENATE BILL 866
	81	+	For further information see the state fiscal estimate, which will be printed as
	82	+	an appendix to this bill.
	83	+	The people of the state of Wisconsin, represented in senate and assembly, do
	84	+	enact as follows:
	85	+	SECTION 1. 287.17 (1) (j) of the statutes is amended to read:
	86	+	287.17 (1) (j) “Peripheral" means a keyboard or any other device, other than
	87	+	a consumer printer, that is sold exclusively for external use with a consumer
	88	+	computer or consumer video display device and that provides input into or output
	89	+	from a consumer computer or consumer video display device.
	90	+	SECTION 2. 287.17 (4) (b) 1. of the statutes is amended to read:
	91	+	287.17 (4) (b) 1. If the manufacturer sold at least 500 550 covered electronic
	92	+	devices in this state during the previous program year, the manufacturer shall pay
	93	+	a registration fee of $5,000 $5,500, except as provided under sub. (10) (k).
	94	+	SECTION 3. 287.17 (4) (b) 2. of the statutes is amended to read:
	95	+	287.17 (4) (b) 2. If the manufacturer sold at least 250 but fewer than 500 549
	96	+	covered electronic devices in this state during the previous program year, the
	97	+	manufacturer shall pay a registration fee of $1,250 $2,500, except as provided under
24	98		sub. (10) (k).
25		-	SECTION 3. 287.17 (4) (b) 2. of the statutes is
26		-	amended to read:
27		-	287.17 (4) (b) 2. If the manufacturer sold at least 250
28		-	but fewer than 500 550 covered electronic devices in this
29		-	state during the previous program year, the manufacturer
30		-	shall pay a registration fee of $1,250 $2,500, except as
31		-	provided under sub. (10) (k).
32		-	SECTION 4. 287.17 (4) (d) 1. of the statutes is renum-
33		-	bered 287.17 (4) (d) 1. (intro.) and amended to read:
34		-	287.17 (4) (d) 1. (intro.) Determine the manufactur-
35		-	er’s target recycling weight by multiplying. The depart-
36		-	ment shall calculate the target recycling weight for each
37		-	manufacturer for the upcoming program year and shall
38		-	report a manufacturer’s target recycling weight to the
39		-	manufacturer no later than the August 1 preceding the
40		-	program year in which the target recycling weight will
41		-	apply. The department shall calculate a manufacturer’s
42		-	target recycling weight as follows:
43		-	a. Divide the number of pounds of the manufacturer’s
44		-	covered electronic devices sold to households or covered
45		-	schools in this state during the program year that began
46		-	3 2 program years before the beginning of the program
47		-	year in which the calculation is made target recycling
48		-	weight will apply, as reported under sub. (5) (a), by 0.8
49		-	the total weight of all manufacturers’ covered electronic
50		-	devices sold to households or covered schools in this state
51		-	during the same program year. The quotient, rounded to
52		-	the nearest one−hundredth, shall be the manufacturer’s
53		-	market share percentage.
54		-	SECTION 5. 287.17 (4) (d) 1. b. of the statutes is cre-
55		-	ated to read:
56		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
57		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 108 2023 Senate Bill 866
58		-	287.17 (4) (d) 1. b. Multiply the manufacturer’s mar-
59		-	ket share percentage, as calculated under subd. 1. a., by
60		-	the total weight of eligible electronic devices collected in
61		-	this state that recyclers received for recycling during the
62		-	program year that began 2 program years before the
63		-	beginning of the program year in which the target recy-
64		-	cling weight will apply, as reported under sub. (8) (b) 1.
65		-	The product, rounded to the nearest whole number, shall
66		-	be the manufacturer’s target recycling weight for the
67		-	upcoming program year.
68		-	SECTION 6. 287.17 (4) (g) 3. of the statutes is created
69		-	to read:
70		-	287.17 (4) (g) 3. The department shall establish by
71		-	rule what may constitute good faith progress toward
72		-	meeting a target recycling weight under this paragraph.
73		-	The rule shall provide flexibility in staff determination of
74		-	good faith progress, but shall establish means by which
75		-	good faith progress may be demonstrated, and shall
76		-	account for circumstances beyond a manufacturer’s con-
77		-	trol such as a reduction in collection sites or events due
78		-	to a local or statewide declared emergency.
79		-	SECTION 6m. 287.17 (5) (a) 1. (intro.) of the statutes
80		-	is amended to read:
81		-	287.17 (5) (a) 1. (intro.) Except as provided in subd.
82		-	3. and subject to subd. 1m., with each registration that it
83		-	submits under sub. (3), a manufacturer shall report one of
84		-	the following to the department:
85		-	SECTION 7. 287.17 (5) (a) 1. a. of the statutes is
86		-	amended to read:
87		-	287.17 (5) (a) 1. a. The total weight of each model of
88		-	its covered electronic devices sold to households or cov-
89		-	ered schools in this state during the previous program
90		-	year that began 2 program years before the beginning of
91		-	the program year in which the report is made.
92		-	SECTION 8. 287.17 (5) (a) 1. b. of the statutes is
93		-	amended to read:
94		-	287.17 (5) (a) 1. b. The total weight of all of its cov-
95		-	ered electronic devices sold to households or covered
96		-	schools in this state during the previous program year that
97		-	began 2 program years before the beginning of the pro-
98		-	gram year in which the report is made.
99		-	SECTION 9. 287.17 (5) (a) 1. c. of the statutes is
100		-	amended to read:
101		-	287.17 (5) (a) 1. c. An estimate, based on national
102		-	sales data, of the total weight of its covered electronic
103		-	devices sold to households or covered schools in this state
104		-	during the previous program year that began 2 program
105		-	years before the beginning of the program year in which
106		-	the report is made.
107		-	SECTION 9m. 287.17 (5) (a) 1m. of the statutes is
108		-	repealed.
109		-	SECTION 10. 287.17 (10) (c) 1. a. of the statutes is
110		-	repealed.
111		-	SECTION 11. 287.17 (10) (c) 2. of the statutes is
112		-	amended to read:
113		-	287.17 (10) (c) 2. If the department determines that
114		-	any of the values under subd. 1. a. b. to d. should be
115		-	changed in order to improve the effectiveness of the pro-
116		-	gram under this section or to provide more recycling
117		-	opportunities to rural areas of this state, the department
118		-	shall report its recommendations for changes under s.
119		-	13.172 (3) to the committee of each house of the legisla-
120		-	ture with jurisdiction over solid waste policy.
	99	+	SECTION 4. 287.17 (4) (d) 1. of the statutes is renumbered 287.17 (4) (d) 1.
	100	+	(intro.) and amended to read:
	101	+	287.17 (4) (d) 1. (intro.) Determine the manufacturer's target recycling weight
	102	+	by multiplying. The department shall calculate the target recycling weight for each
	103	+	manufacturer for the upcoming program year and shall report a manufacturer's
	104	+	target recycling weight to the manufacturer no later than the August 1 preceding the
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	126	+	SECTION 4 SENATE BILL 866
	127	+	program year in which the target recycling weight will apply. The department shall
	128	+	calculate a manufacturer's target recycling weight as follows:
	129	+	a. Divide the number of pounds of the manufacturer's covered electronic
	130	+	devices sold to households or covered schools in this state during the program year
	131	+	that began 3 2 program years before the beginning of the program year in which the
	132	+	calculation is made target recycling weight will apply, as reported under sub. (5) (a),
	133	+	by 0.8 the total weight of all manufacturers' covered electronic devices sold to
	134	+	households or covered schools in this state during the same program year. The
	135	+	quotient, rounded to the nearest one-hundredth, shall be the manufacturer's market
	136	+	share percentage.
	137	+	SECTION 5. 287.17 (4) (d) 1. b. of the statutes is created to read:
	138	+	287.17 (4) (d) 1. b. Multiply the manufacturer's market share percentage, as
	139	+	calculated under subd. 1. a., by the total weight of eligible electronic devices collected
	140	+	in this state by recyclers during the program year that began 2 program years before
	141	+	the beginning of the program year in which the target recycling weight will apply,
	142	+	as reported under sub. (8) (b) 1. The product, rounded to the nearest whole number,
	143	+	shall be the manufacturer's target recycling weight for the upcoming program year.
	144	+	SECTION 6. 287.17 (4) (g) 3. of the statutes is created to read:
	145	+	287.17 (4) (g) 3. The department shall establish by rule what may constitute
	146	+	good faith progress toward meeting a target recycling weight under this paragraph.
	147	+	The rule shall provide flexibility in staff determination of good faith progress, but
	148	+	shall establish means by which good faith progress may be demonstrated, and shall
	149	+	account for circumstances beyond a manufacturer's control such as a reduction in
	150	+	collection sites or events due to a local or statewide declared emergency.
	151	+	SECTION 7. 287.17 (5) (a) 1. a. of the statutes is amended to read:
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	179	+	SECTION 7
	180	+	SENATE BILL 866
	181	+	287.17 (5) (a) 1. a. The total weight of each model of its covered electronic
	182	+	devices sold to households or covered schools in this state during the previous
	183	+	program year that began 2 program years before the beginning of the program year
	184	+	in which the report is made.
	185	+	SECTION 8. 287.17 (5) (a) 1. b. of the statutes is amended to read:
	186	+	287.17 (5) (a) 1. b. The total weight of all of its covered electronic devices sold
	187	+	to households or covered schools in this state during the previous program year that
	188	+	began 2 program years before the beginning of the program year in which the report
	189	+	is made.
	190	+	SECTION 9. 287.17 (5) (a) 1. c. of the statutes is amended to read:
	191	+	287.17 (5) (a) 1. c. An estimate, based on national sales data, of the total weight
	192	+	of its covered electronic devices sold to households or covered schools in this state
	193	+	during the previous program year that began 2 program years before the beginning
	194	+	of the program year in which the report is made.
	195	+	SECTION 10. 287.17 (10) (c) 1. a. of the statutes is repealed.
	196	+	SECTION 11. 287.17 (10) (c) 2. of the statutes is amended to read:
	197	+	287.17 (10) (c) 2. If the department determines that any of the values under
	198	+	subd. 1. a. b. to d. should be changed in order to improve the effectiveness of the
	199	+	program under this section or to provide more recycling opportunities to rural areas
	200	+	of this state, the department shall report its recommendations for changes under s.
	201	+	13.172 (3) to the committee of each house of the legislature with jurisdiction over
	202	+	solid waste policy.
121	203		SECTION 12.0Nonstatutory provisions.
122		-	(1) RECYCLING TARGETS FOR PROGRAM YEAR 2024.
123		-	Notwithstanding s. 287.17 (4) (d) 1., the department shall
124		-	calculate the target recycling weight for each manufac-
125		-	turer for program year 2024 and shall report a manufac-
126		-	turer’s target recycling weight to the manufacturer no
127		-	later than April 15, 2024. Notwithstanding s. 287.17 (4)
128		-	(d) 1., the department shall calculate a manufacturer’s
129		-	target recycling weight for program year 2024 as follows:
130		-	(a) Divide the number of pounds of the manufactur-
131		-	er’s covered electronic devices sold to households or
132		-	covered schools in this state from January 1, 2022, to
133		-	December 31, 2022, as reported under s. 287.17 (5) (a),
134		-	by the total weight of all manufacturers’ covered elec-
135		-	tronic devices sold to households or covered schools in
136		-	this state during the same period. The quotient, rounded
137		-	to the nearest one−hundredth, shall be the manufacturer’s
138		-	market share percentage.
139		-	(b) Multiply the manufacturer’s market share per-
140		-	centage, as calculated under par. (a), by the total weight
141		-	of eligible electronic devices collected in this state that
142		-	recyclers received for recycling during program year
143		-	2021−22, as reported under s. 287.17 (8) (b) 1. The prod-
144		-	uct, rounded to the nearest whole number, shall be the
145		-	manufacturer’s target recycling weight for program year
146		-	2024.
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	228	+	SECTION 12 SENATE BILL 866
	229	+	(1) RECYCLING TARGETS FOR PROGRAM YEAR 2024. Notwithstanding s. 287.17 (4)
	230	+	(d) 1., a manufacturer's target recycling weight for program year 2024 shall be
	231	+	determined as follows:
	232	+	(a) Divide the number of pounds of the manufacturer's covered electronic
	233	+	devices sold to households or covered schools in this state during program year
	234	+	2021-22, as reported under s. 287.17 (5) (a), by the total weight of all manufacturers'
	235	+	covered electronic devices sold to households or covered schools in this state during
	236	+	the same program year. The quotient, rounded to the nearest one-hundredth, shall
	237	+	be the manufacturer's market share percentage.
	238	+	(b) Multiply the manufacturer's market share percentage, as calculated under
	239	+	par. (a), by the total weight of eligible electronic devices collected in this state by
	240	+	recyclers during program year 2021-22, as reported under s. 287.17 (8) (b) 1. The
	241	+	product, rounded to the nearest whole number, shall be the manufacturer's target
	242	+	recycling weight for program year 2024.
147	243		(2) RECYCLING TARGETS FOR PROGRAM YEAR 2025.
148		-	(a) In this subsection, “transition year” has the mean-
149		-	ing given in s. 287.17 (1) (pg).
150		-	(b) Notwithstanding s. 287.17 (4) (d) 1., a manufac-
151		-	turer’s target recycling weight for program year 2025
152		-	shall be determined as follows:
153		-	1. Divide the number of pounds of the manufactur-
154		-	er’s covered electronic devices sold to households or
155		-	covered schools in this state during 2023, as reported
156		-	under s. 287.17 (5) (a), by the total weight of all manufac-
157		-	turers’ covered electronic devices sold to households or
158		-	covered schools in this state during 2023. The quotient,
159		-	rounded to the nearest one−hundredth, shall be the manu-
160		-	facturer’s market share percentage.
161		-	2. Multiply the total weight of eligible electronic
162		-	devices collected in this state by recyclers during the
163		-	transition year, as reported under s. 287.17 (8) (b) 1., by
164		-	two−thirds.
165		-	3. Multiply the product under subd. 2. by the manu-
166		-	facturer’s market share percentage, as calculated under
167		-	subd. 1. The product, rounded to the nearest whole num- − 3 − 2023 Wisconsin Act 108 2023 Senate Bill 866
168		-	ber, shall be the manufacturer’s target recycling weight
169		-	for program year 2025.
170		-	(2m) MANUFACTURER REPORTING IN 2024. Notwith-
171		-	standing s. 287.17 (5) (a), for a registration required to be
172		-	submitted in 2024, the weights reported under s. 287.17
173		-	(5) (a) 1. a. to c. shall be the weights sold from January
174		-	1, 2022, to December 31, 2022, and, separately reported,
175		-	the weights sold from January 1, 2023, to December 31,
176		-	2023.
	244	+	(a) In this subsection, “transition year" has the meaning given in s. 287.17 (1)
	245	+	(pg).
	246	+	(b) Notwithstanding s. 287.17 (4) (d) 1., a manufacturer's target recycling
	247	+	weight for program year 2025 shall be determined as follows:
	248	+	1. Divide the number of pounds of the manufacturer's covered electronic
	249	+	devices sold to households or covered schools in this state during the transition year,
	250	+	as reported under s. 287.17 (5) (a), by the total weight of all manufacturers' covered
	251	+	electronic devices sold to households or covered schools in this state during the
	252	+	transition year. The quotient, rounded to the nearest one-hundredth, shall be the
	253	+	manufacturer's market share percentage.
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	278	+	25 - 7 -2023 - 2024 Legislature
	279	+	LRB-5411/1
	280	+	MCP:emw
	281	+	SECTION 12
	282	+	SENATE BILL 866
	283	+	2. Multiply the manufacturer's market share percentage, as calculated under
	284	+	subd. 1., by the total weight of eligible electronic devices collected in this state by
	285	+	recyclers during the transition year, as reported under s. 287.17 (8) (b) 1.
	286	+	3. Multiply the product under subd. 2. by two-thirds. The product, rounded
	287	+	to the nearest whole number, shall be the manufacturer's target recycling weight for
	288	+	program year 2025.
	289	+	(END)
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