HF 1391

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to environment; providing for the recovery
and recycling of waste electronic products; proposing
coding for new law in Minnesota Statutes, chapter 115A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [115A.9566] RECOVERY AND RECYCLING OF WASTE
ELECTRONIC PRODUCTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this
section, the definitions in this subdivision apply.
new text end

new text begin (b) "Cathode-ray tube" means a vacuum tube or picture tube
used to convert an electronic signal into a visual image.
new text end

new text begin (c) "Full truckload" means a quantity of video display
devices weighing 25,000 pounds or more.
new text end

new text begin (d) "Household" means a single detached dwelling unit or a
single unit of a multiple dwelling unit and appurtenant
structures.
new text end

new text begin (e) "Intermediate consolidation point" means a facility or
location in the state where persons can deliver for
consolidation video display devices generated by households and
destined for reuse or recycling. The facility or location may
be operated by a private entity or a local unit of government,
and must be capable of consolidating a full truckload of video
display devices in accordance with all applicable federal,
state, and local laws, regulations, and ordinances.
new text end

new text begin (f) "Manufacturer" means a person who manufactures a video
display device that is sold in this state or a person who sells
a video display device in this state under its own brand label.
new text end

new text begin (g) "Market share" means each manufacturer's total sales of
video display devices in Minnesota, divided into the two general
categories of computers and televisions, as compared to the
total sales of all video display devices sold that year in
Minnesota divided into the same categories. Each manufacturer's
national percentage of sales for 2004 for all types of video
display devices sold by the manufacturer in Minnesota must be
used to determine that manufacturer's market share for 2005.
new text end

new text begin (h) "Pro rata share" means a manufacturer's market share of
video display devices sold in Minnesota during the immediately
preceding calendar year multiplied by that year's performance
standard as set forth in subdivision 5. For video display
devices generally categorized by market share as televisions,
this pro rata share calculation must be further multiplied by
two.
new text end

new text begin (i) "Type of device" means either a television or similar
device or a computer monitor or similar device.
new text end

new text begin (j) "Video display device" means an electronic product
containing: (1) a cathode-ray tube; or (2) a flat panel
display; or (3) any other similar video display device with a
screen size that is greater than eight inches in size when
measured diagonally, but does not include those in an automobile
or other vehicle.
new text end

new text begin Subd. 2. new text end

new text begin Manufacturer responsibility. new text end

new text begin (a) Effective July
1, 2005, all manufacturers of video display devices sold in
Minnesota, including video display devices sold by means of
distance communication, shall:
new text end

new text begin (1) collect all video display devices from intermediate
consolidation points within three working days of being notified
by an intermediate consolidation point approved by the director
that at least a full truckload of video display devices from
households has been consolidated at that point;
new text end

new text begin (2) ensure that collection of video display devices from
intermediate consolidation points is without charge;
new text end

new text begin (3) ensure that video display devices collected from
intermediate consolidation points are reused or recycled; and
new text end

new text begin (4) clearly inform each purchaser of a video display device
of opportunities for reuse or recycling of end-of-life video
display devices.
new text end

new text begin (b) The requirements of paragraph (a), clauses (1) to (3),
must be fulfilled each year by a manufacturer after the
manufacturer has collected and reused or recycled its pro rata
share of video display devices.
new text end

new text begin (c) A manufacturer may fulfill its responsibilities under
this subdivision through a representative organization of
manufacturers.
new text end

new text begin (d) In 2005, a manufacturer is considered to have fulfilled
its responsibility under this subdivision upon collection and
recycling or reuse of 50 percent of its pro rata share of video
display devices.
new text end

new text begin Subd. 3. new text end

new text begin Manufacturer registration and certification. new text end

new text begin (a)
On and after July 1, 2005, it is unlawful to sell a video
display device in this state unless the manufacturer of the
video display device has (1) registered with the agency, (2)
certified that the manufacturer is in compliance with
subdivision 2, and (3) if Minnesota sales data on each type of
video display device is not available, certified to the number
of each type of video display device it has sold in Minnesota in
the immediate preceding year. A retailer is not responsible for
an unlawful sale under this subdivision if the certification
relied upon by the retailer in making the unlawful sale was
incorrect, or if the registration expired or was revoked and the
retailer took possession of the video display device prior to
the expiration or revocation of the registration and the
unlawful sale occurred within six months after the expiration or
revocation.
new text end

new text begin (b) By July 1, 2005, by January 31, 2006, and by January 31
of each year thereafter, each manufacturer of a video display
device sold in Minnesota must submit a registration and
certification to the commissioner. Registration includes but is
not limited to a list of all brand labels owned by the
manufacturer, its subsidiaries, or any companies acquired by the
manufacturer. The registration must also specify the entity
that will be responsible for implementing the manufacturer's
requirements as specified in subdivision 2, and the entity's
contact information.
new text end

new text begin (c) By December 31, 2005, and each year thereafter, each
manufacturer of a video display device sold in Minnesota shall
submit a written certification, signed by an official of the
manufacturer, that the manufacturer is in compliance with the
requirements of subdivision 2. The commissioner shall accept
the certification as prima facie evidence that the manufacturer
is in compliance with subdivision 2.
new text end

new text begin (d) The commissioner may, at any time, revoke a
registration upon being presented with evidence that the
manufacturer is not in compliance with the requirements of this
section.
new text end

new text begin (e) The commissioner may charge a registration fee to cover
the agency's costs of administering the requirements under this
section.
new text end

new text begin (f) By August 1, 2005, and each January 31 of each year
thereafter, the commissioner shall publish on the agency's Web
site a list of video display device manufacturers and all brand
labels for which the commissioner has received registrations,
certifications, and contact information for each entity
responsible for implementing the requirements of subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Manufacturer reporting. new text end

new text begin By October 1, 2006, and
each year thereafter, a manufacturer of video display devices or
a representative organization of manufacturers shall provide
information to the office that specifies the following
information regarding video display devices from Minnesota
households: (1) the total number and pounds of video display
devices collected during the preceding year, together with the
total number and pounds of video display devices reused or
refurbished for reuse, and the total number and pounds of video
display devices recycled or resold; and (2) a general
description of the processes and methods used to recycle,
refurbish, or reuse the video display devices and any
disassembly, physical recovery operation, or other operation
that was used; the location where these activities occurred; and
whether these activities were conducted in accordance with
applicable rules, standards, and requirements adopted by the
Organization for Economic Cooperation and Development for the
environmentally sound management of electronic waste. If a
manufacturer fulfills its responsibilities under subdivision 2
through a representative organization of manufacturers, the
reporting requirements in this subdivision may be satisfied by
the representative organization.
new text end

new text begin Subd. 5. new text end

new text begin Performance standards. new text end

new text begin It is the goal of the
state to ensure that all video display devices discarded by
households are collected and reused or recycled. In order to
meet this goal, the following minimum annual performance
standards for responsibilities are established:
new text end

new text begin (1) by July 1, 2006, the total amount of video display
devices collected from households for reuse or recycling must
equal 0.050 video display devices per resident of the state;
new text end

new text begin (2) by July 1, 2007, the total amount of video display
devices collected from households for reuse or recycling must
equal 0.055 video display devices per resident of the state; and
new text end

new text begin (3) by July 1, 2008, the total amount of video display
devices collected from households for reuse or recycling must
equal 0.060 video display devices per resident of the state.
new text end

new text begin Subd. 6. new text end

new text begin Office of environmental assistance duties. new text end

new text begin (a)
The director shall, by July 1, 2005, seek applications for the
establishment of intermediate consolidation points from persons
eligible to operate the points. The director shall seek to
receive at least 15 applications with at least ten of the
applications from outside the metropolitan area. By November 1,
2005, the director shall establish a list of approved
intermediate consolidation points and shall make a list
available to manufacturers, any representative organization of
manufacturers, local government, solid waste haulers, and the
general public. The director shall thereafter maintain and
update the list by approving new applications qualified to be
intermediate consolidation points, and deleting the points no
longer eligible for placement on the list.
new text end

new text begin (b) By December 1, 2006, and each year thereafter, the
director shall assess progress with manufacturers meeting their
responsibilities under subdivision 2. By December 1, 2007, and
every two years thereafter, the director shall submit a report
as part of the report required in section 115A.411 to the
legislature evaluating the programs established under this
section. If the director determines that manufacturers have not
met their responsibilities, the director shall recommend
alternative methods for ensuring that all discarded video
display devices are collected and recycled or reused. The
report due on December 1, 2007, must include an assessment of
the ratio of discarded cathode-ray tubes to other discarded
video display devices. The office shall also publish its
assessment and evaluation of video display device collection,
transportation, and reuse or recycling programs in the state on
the office's Web site and through any of its other usual methods
of providing public information.
new text end

new text begin (c) In addition to the report described in this section,
the director shall evaluate in each odd-numbered year beginning
in 2007, the amount and composition of other household
electronic wastes such as computer central processing units, and
shall recommend the addition or deletion of products to be
covered under this section.
new text end

new text begin Subd. 7. new text end

new text begin Creation of the electronics recycling management
association. new text end

new text begin (a) An association is created as a nonprofit
organization charged with facilitating compliance with this
section. The association must be governed by a board of
directors consisting of manufacturers of video display devices
and local government representatives.
new text end

new text begin (b) Association responsibilities at a minimum include:
new text end

new text begin (1) determining and allocating responsibility for
manufacturers based on market share calculation;
new text end

new text begin (2) facilitating transportation and recycling of video
display devices from the point of consolidation according to
environmentally sound management standards;
new text end

new text begin (3) working in conjunction with the agency to ensure that a
sufficient number of consolidation points exist and are
distributed across the state;
new text end

new text begin (4) providing technical assistance to collection agents and
consolidation points on proper handling and operational
procedures;
new text end

new text begin (5) conducting public education and outreach on the
collection and recycling of video display devices; and
new text end

new text begin (6) reporting to the agency on progress towards meeting the
goals.
new text end

new text begin (c) The association may choose to extend its
responsibilities to provide any or all manufacturer's
responsibilities in subdivision 2.
new text end

new text begin Subd. 8. new text end

new text begin Enforcement. new text end

new text begin This provision may be enforced
under sections 115.071 and 116.072.
new text end

new text begin Subd. 9. new text end

new text begin Repealer. new text end

new text begin This section is repealed 30 days
after the director publishes a notice in the State Register that
a national program for effectively collecting, transporting, and
reusing or recycling waste video display devices is established
and implemented throughout the state.
new text end