Date of enactment: March 14, 2024
2023 Senate Bill 866 Date of publication*: March 15, 2024
2023 WISCONSIN ACT 108
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
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.,
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
to: changes to the electronic waste recycling program and granting rule−making authority.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 287.17 (1) (j) of the statutes is amended
to read:
287.17 (1) (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 or
consumer video display device and that provides input
into or output from a consumer computer or consumer
video display device.
SECTION 2. 287.17 (4) (b) 1. of the statutes is
amended to read:
287.17 (4) (b) 1. If the manufacturer sold at least 500
550 covered electronic devices in this state during the
previous program year, the manufacturer shall pay a reg-
istration fee of $5,000 $5,500, except as provided under
sub. (10) (k).
SECTION 3. 287.17 (4) (b) 2. of the statutes is
amended to read:
287.17 (4) (b) 2. If the manufacturer sold at least 250
but fewer than 500 550 covered electronic devices in this
state during the previous program year, the manufacturer
shall pay a registration fee of $1,250 $2,500, except as
provided under sub. (10) (k).
SECTION 4. 287.17 (4) (d) 1. of the statutes is renum-
bered 287.17 (4) (d) 1. (intro.) and amended to read:
287.17 (4) (d) 1. (intro.) Determine the manufactur-
er’s target recycling weight by multiplying. The depart-
ment shall calculate the target recycling weight for each
manufacturer for the upcoming program year and shall
report a manufacturer’s target recycling weight to the
manufacturer no later than the August 1 preceding the
program year in which the target recycling weight will
apply. The department shall calculate a manufacturer’s
target recycling weight as follows:
a. Divide the number of pounds of the manufacturer’s
covered electronic devices sold to households or covered
schools in this state during the program year that began
3 2 program years before the beginning of the program
year in which the calculation is made target recycling
weight will apply, as reported under sub. (5) (a), by 0.8
the total weight of all manufacturers’ covered electronic
devices sold to households or covered schools in this state
during the same program year. The quotient, rounded to
the nearest one−hundredth, shall be the manufacturer’s
market share percentage.
SECTION 5. 287.17 (4) (d) 1. b. of the statutes is cre-
ated to read:
* 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
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
287.17 (4) (d) 1. b. Multiply the manufacturer’s mar-
ket share percentage, as calculated under subd. 1. a., by
the total weight of eligible electronic devices collected in
this state that recyclers received for recycling during the
program year that began 2 program years before the
beginning of the program year in which the target recy-
cling weight will apply, as reported under sub. (8) (b) 1.
The product, rounded to the nearest whole number, shall
be the manufacturer’s target recycling weight for the
upcoming program year.
SECTION 6. 287.17 (4) (g) 3. of the statutes is created
to read:
287.17 (4) (g) 3. The department shall establish by
rule what may constitute good faith progress toward
meeting a target recycling weight under this paragraph.
The rule shall provide flexibility in staff determination of
good faith progress, but shall establish means by which
good faith progress may be demonstrated, and shall
account for circumstances beyond a manufacturer’s con-
trol such as a reduction in collection sites or events due
to a local or statewide declared emergency.
SECTION 6m. 287.17 (5) (a) 1. (intro.) of the statutes
is amended to read:
287.17 (5) (a) 1. (intro.) Except as provided in subd.
3. and subject to subd. 1m., with each registration that it
submits under sub. (3), a manufacturer shall report one of
the following to the department:
SECTION 7. 287.17 (5) (a) 1. a. of the statutes is
amended to read:
287.17 (5) (a) 1. a. The total weight of each model of
its covered electronic devices sold to households or cov-
ered schools in this state during the previous program
year that began 2 program years before the beginning of
the program year in which the report is made.
SECTION 8. 287.17 (5) (a) 1. b. of the statutes is
amended to read:
287.17 (5) (a) 1. b. The total weight of all of its cov-
ered electronic devices sold to households or covered
schools in this state during the previous program year that
began 2 program years before the beginning of the pro-
gram year in which the report is made.
SECTION 9. 287.17 (5) (a) 1. c. of the statutes is
amended to read:
287.17 (5) (a) 1. c. An estimate, based on national
sales data, of the total weight of its covered electronic
devices sold to households or covered schools in this state
during the previous program year that began 2 program
years before the beginning of the program year in which
the report is made.
SECTION 9m. 287.17 (5) (a) 1m. of the statutes is
repealed.
SECTION 10. 287.17 (10) (c) 1. a. of the statutes is
repealed.
SECTION 11. 287.17 (10) (c) 2. of the statutes is
amended to read:
287.17 (10) (c) 2. If the department determines that
any of the values under subd. 1. a. b. to d. should be
changed in order to improve the effectiveness of the pro-
gram under this section or to provide more recycling
opportunities to rural areas of this state, the department
shall report its recommendations for changes under s.
13.172 (3) to the committee of each house of the legisla-
ture with jurisdiction over solid waste policy.
SECTION 12.0Nonstatutory provisions.
(1) RECYCLING TARGETS FOR PROGRAM YEAR 2024.
Notwithstanding s. 287.17 (4) (d) 1., the department shall
calculate the target recycling weight for each manufac-
turer for program year 2024 and shall report a manufac-
turer’s target recycling weight to the manufacturer no
later than April 15, 2024. Notwithstanding s. 287.17 (4)
(d) 1., the department shall calculate a manufacturer’s
target recycling weight for program year 2024 as follows:
(a) Divide the number of pounds of the manufactur-
er’s covered electronic devices sold to households or
covered schools in this state from January 1, 2022, to
December 31, 2022, as reported under s. 287.17 (5) (a),
by the total weight of all manufacturers’ covered elec-
tronic devices sold to households or covered schools in
this state during the same period. The quotient, rounded
to the nearest one−hundredth, shall be the manufacturer’s
market share percentage.
(b) Multiply the manufacturer’s market share per-
centage, as calculated under par. (a), by the total weight
of eligible electronic devices collected in this state that
recyclers received for recycling during program year
2021−22, as reported under s. 287.17 (8) (b) 1. The prod-
uct, rounded to the nearest whole number, shall be the
manufacturer’s target recycling weight for program year
2024.
(2) RECYCLING TARGETS FOR PROGRAM YEAR 2025.
(a) In this subsection, “transition year” has the mean-
ing given in s. 287.17 (1) (pg).
(b) Notwithstanding s. 287.17 (4) (d) 1., a manufac-
turer’s target recycling weight for program year 2025
shall be determined as follows:
1. Divide the number of pounds of the manufactur-
er’s covered electronic devices sold to households or
covered schools in this state during 2023, as reported
under s. 287.17 (5) (a), by the total weight of all manufac-
turers’ covered electronic devices sold to households or
covered schools in this state during 2023. The quotient,
rounded to the nearest one−hundredth, shall be the manu-
facturer’s market share percentage.
2. Multiply the total weight of eligible electronic
devices collected in this state by recyclers during the
transition year, as reported under s. 287.17 (8) (b) 1., by
two−thirds.
3. Multiply the product under subd. 2. by the manu-
facturer’s market share percentage, as calculated under
subd. 1. The product, rounded to the nearest whole num- − 3 − 2023 Wisconsin Act 108 2023 Senate Bill 866
ber, shall be the manufacturer’s target recycling weight
for program year 2025.
(2m) MANUFACTURER REPORTING IN 2024. Notwith-
standing s. 287.17 (5) (a), for a registration required to be
submitted in 2024, the weights reported under s. 287.17
(5) (a) 1. a. to c. shall be the weights sold from January
1, 2022, to December 31, 2022, and, separately reported,
the weights sold from January 1, 2023, to December 31,
2023.