HF 1391

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to environment; providing for the recovery 
  1.3             and recycling of waste electronic products; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 116H.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [116H.55] [DEFINITIONS.] 
  1.7      Subdivision 1.  [SCOPE.] For the purposes of this chapter, 
  1.8   the following terms have the meanings given. 
  1.9      Subd. 2.  [CATHODE RAY TUBE OR CRT.] "Cathode ray tube" or 
  1.10  "CRT" means a vacuum tube or picture tube used to convert an 
  1.11  electronic signal into a visual image.  It is composed primarily 
  1.12  of glass, and is the video display component of a television or 
  1.13  computer monitor, and includes other items integrally attached 
  1.14  to the CRT. 
  1.15     Subd. 3.  [COMPUTER MONITOR.] "Computer monitor" means an 
  1.16  electronic device that is a cathode ray tube or flat panel 
  1.17  display primarily intended to display information from a central 
  1.18  processing unit or the Internet.  Computer monitor includes a 
  1.19  laptop computer. 
  1.20     Subd. 4.  [FULL TRUCKLOAD.] "Full truckload" means a 
  1.21  quantity weighing 25,000 pounds or more of video display devices.
  1.22     Subd. 5.  [HENNEPIN COUNTY STUDY.] "Hennepin County study" 
  1.23  means the Hennepin County Consumer Electronics Brand Tally, 
  1.24  published January 2005. 
  1.25     Subd. 6.  [HOUSEHOLD.] "Household" means an occupant of a 
  2.1   single detached dwelling unit or a single unit of a multiple 
  2.2   dwelling unit who has used a video display device at a dwelling 
  2.3   unit primarily for personal use. 
  2.4      Subd. 7.  [INTERMEDIATE CONSOLIDATION POINT.] "Intermediate 
  2.5   consolidation point" means a facility in the state approved by 
  2.6   the Office of Environmental Assistance pursuant to section 
  2.7   116H.65, paragraph (d), clause (3), where local governments and 
  2.8   households can deliver for consolidation video display devices 
  2.9   generated by households and destined for recycling, 
  2.10  refurbishment, or reuse.  The facility may be operated by a 
  2.11  private entity or a local unit of government, and must be 
  2.12  capable of consolidating a full truckload of video display 
  2.13  devices from households in accordance with all applicable 
  2.14  federal, state, and local laws, rules, regulations, and 
  2.15  ordinances. 
  2.16     Subd. 8.  [MANUFACTURER.] "Manufacturer" means a person 
  2.17  who:  (1) manufactures video display devices to be sold under 
  2.18  its own brand as identified by its own brand label; or (2) sells 
  2.19  video display devices manufactured by others under its own brand 
  2.20  as identified by its own brand label. 
  2.21     Subd. 9.  [MANUFACTURER'S BRANDS.] "Manufacturer's brands" 
  2.22  means a manufacturer's name, brand name, or brand label, and all 
  2.23  manufacturer's names, brand names, and brand labels for which 
  2.24  the manufacturer has legal responsibility, including those 
  2.25  manufacturer's names, brand names, and brand labels of companies 
  2.26  that have been acquired by the manufacturer. 
  2.27     Subd. 10.  [OFFICE.] "Office" means the Office of 
  2.28  Environmental Assistance. 
  2.29     Subd. 11.  [ORPHAN WASTE.] "Orphan waste" means a video 
  2.30  display device covered by this section for which (1) no 
  2.31  manufacturer can be identified, or (2) the manufacturer no 
  2.32  longer exists and no successor can be identified. 
  2.33     Subd. 12.  [PRO RATA SHARE.] "Pro rata share" means the 
  2.34  percentage that is the proportion, multiplied by 100, of the 
  2.35  total weight of video display devices, of the manufacturer's 
  2.36  brands registered by a registrant, as required by section 
  3.1   116H.60, paragraph (e), received at intermediate consolidation 
  3.2   points divided by the total weight of video display devices 
  3.3   received at intermediate consolidation points, as determined by 
  3.4   the sampling program at intermediate consolidation points 
  3.5   pursuant to section 116H.65, paragraph (d), clause (1).  The pro 
  3.6   rata share for the first program year shall be based on the 
  3.7   Hennepin County study. 
  3.8      Subd. 13.  [REGISTRANT.] "Registrant" means a manufacturer 
  3.9   that submits the registration required by section 116H.60, 
  3.10  paragraph (a), or an independent party that submits the 
  3.11  registration required by section 116H.60, paragraph (a), in lieu 
  3.12  of a manufacturer. 
  3.13     Subd. 14.  [SELL OR SALE.] "Sell" or "sale" means any 
  3.14  transfer for consideration of title or of the right to use, by 
  3.15  lease or sales contract, including, but not limited to, 
  3.16  transactions conducted through sales outlets, catalogs, or the 
  3.17  Internet, or any other similar electronic means either inside or 
  3.18  outside of the state, by a person who conducts the transaction 
  3.19  and controls the delivery of a video display device to a 
  3.20  consumer in the state, but does not include a wholesale 
  3.21  transaction with a distributor or a retailer. 
  3.22     Subd. 15.  [TELEVISION.] "Television" means an electronic 
  3.23  device that is a cathode ray tube or flat panel display 
  3.24  primarily intended to receive video programming via broadcast, 
  3.25  cable, or satellite transmission or video from surveillance or 
  3.26  other similar cameras. 
  3.27     Subd. 16.  [VIDEO DISPLAY DEVICE.] "Video display device" 
  3.28  means a computer monitor or television with a screen size 
  3.29  greater than eight inches measured diagonally. 
  3.30     Sec. 2.  [116H.60] [REGISTRATION PROGRAM.] 
  3.31     (a) On and after July 1, 2006, a person may not sell or 
  3.32  offer for sale a new video display device to any person in the 
  3.33  state unless: 
  3.34     (1) the video display device is labeled with the 
  3.35  manufacturer's brand, which label is permanently affixed and 
  3.36  readily visible; and 
  4.1      (2) the video display device is subject to a registration 
  4.2   filed by a registrant with the office according to this section, 
  4.3   with the registration effective upon receipt by the office. 
  4.4      (b) A person who sells or offers for sale a new video 
  4.5   display device to a consumer in this state must, before initial 
  4.6   offer for sale of the device, submit to the office a 
  4.7   certification that the person has reviewed the office's Web site 
  4.8   specified in paragraph (h), and has determined that all new 
  4.9   video display devices that the person is then offering for sale 
  4.10  are labeled with manufacturer's brands that are subject to 
  4.11  registration statements filed with the office.  After the 
  4.12  initial submittal, the certification must be submitted to the 
  4.13  office annually by July 10 of each year, effective as of July 1 
  4.14  of each year. 
  4.15     (c) By February 1, 2006, a manufacturer of video display 
  4.16  devices sold to a consumer in this state must submit a 
  4.17  registration to the office that includes a certification that a 
  4.18  registrant will participate in the intermediate consolidation 
  4.19  point program as specified in paragraph (m) beginning July 1, 
  4.20  2006.  A manufacturer who begins to sell or offer for sale video 
  4.21  display devices after February 1, 2006, and has not filed a 
  4.22  registration pursuant to this section must submit a registration 
  4.23  to the office within ten days of beginning to sell or offer for 
  4.24  sale video display devices to consumers in the state.  The 
  4.25  registration is effective upon receipt by the office. 
  4.26     (d) The registration must list the manufacturer's brands.  
  4.27  The registration must be updated within ten days after a change 
  4.28  in the manufacturer's brands, such as in the event of an 
  4.29  acquisition, merger, or divestiture. 
  4.30     (e) A registrant may partner with one or more manufacturers 
  4.31  or other parties, collectively a "registrant," to prepare and 
  4.32  submit to the office a joint video display device recycling, 
  4.33  refurbishment, or reuse program. 
  4.34     (f) The office must set a registration fee, not to exceed 
  4.35  $3,000 per year, the revenues from which are to be used only to 
  4.36  pay administrative costs of the program.  This fee-setting 
  5.1   process is subject to rulemaking under section 14.389. 
  5.2      (g) The office must review each registration and notify the 
  5.3   registrant if the registration does not include the information 
  5.4   required by this section.  Within 30 days of receipt of a 
  5.5   notification from the office, the registrant must file with the 
  5.6   office a revised registration providing the information noted by 
  5.7   the office. 
  5.8      (h) The office must maintain on its Web site the names of 
  5.9   the registrants and the manufacturers' brands that are listed in 
  5.10  registrations filed with the office.  The office must update the 
  5.11  Web site information promptly upon receipt of a new registration 
  5.12  or an updated registration. 
  5.13     (i) The obligations of a manufacturer or registrant apply 
  5.14  only to video display devices received from households in this 
  5.15  state and do not apply to video display devices received from 
  5.16  owners other than households. 
  5.17     (j) Persons who receive a video display device for 
  5.18  recycling, refurbishment, or reuse pursuant to a registration 
  5.19  may recycle, refurbish, or reuse, including re-sell, the video 
  5.20  display device.  Except to the extent otherwise required by law, 
  5.21  such persons have no responsibility for any data that may be on 
  5.22  the video display device if an information storage device is 
  5.23  included with the video display device. 
  5.24     (k) A city, county, or other public agency may not require 
  5.25  households to use the intermediate consolidation point program 
  5.26  to recycle their video display devices to the exclusion of other 
  5.27  programs legally available.  This chapter anticipates that video 
  5.28  display device recycling programs, in addition to those provided 
  5.29  by manufacturers and registrants under this section, will be 
  5.30  available to households in the state.  Nothing in this chapter 
  5.31  prohibits or restricts any such programs or prohibits or 
  5.32  restricts any persons from receiving, storing, transporting, or 
  5.33  recycling video display devices. 
  5.34     (l) By October 1 of each year, each registrant must submit 
  5.35  a report to the office that describes the implementation of the 
  5.36  program during the preceding program year.  The program year is 
  6.1   July 1 through June 30.  The first report must be submitted by 
  6.2   October 1, 2007.  The report must: 
  6.3      (1) identify the total weight of the video display devices 
  6.4   that the registrant has arranged for pickup from intermediate 
  6.5   consolidation points during the preceding year, and the total 
  6.6   weight of video display devices that the registrant has received 
  6.7   from households through other methods during the preceding year 
  6.8   and for which the registrant has used such video display devices 
  6.9   to satisfy all or a portion of its pro rata share responsibility 
  6.10  during the preceding year; and 
  6.11     (2) describe the processes and methods used to recycle, 
  6.12  refurbish, or reuse video display devices that the registrant 
  6.13  has arranged for pickup from intermediate collection points 
  6.14  during the preceding year and that the registrant has received 
  6.15  from households through other methods, and for which the 
  6.16  registrant has used such video display devices to satisfy all or 
  6.17  a portion of its pro rata share responsibility during the 
  6.18  preceding year; and, in particular, identify any disassembly, 
  6.19  physical recovery operation including crushing, shredding, 
  6.20  grinding, or glass to glass recycling, or any other operation 
  6.21  that was used and describe where it took place.  The report must 
  6.22  also discuss whether these activities included procedures 
  6.23  described in the United States Environmental Protection Agency's 
  6.24  guidelines for the environmentally sound management of 
  6.25  electronic equipment. 
  6.26     (m) Participation in the intermediate consolidation point 
  6.27  program requires that a registrant must: 
  6.28     (1) arrange for the pickup and recycling of a full 
  6.29  truckload load or full truckloads of computer monitor video 
  6.30  display devices or television video display devices received by 
  6.31  intermediate consolidation points after July 1, 2006, up to the 
  6.32  registrant's pro rata share of computer monitor video display 
  6.33  devices or television video display devices, from intermediate 
  6.34  consolidation points, pursuant to rules adopted by the office 
  6.35  under section 116H.65, paragraph (e).  Registrants are 
  6.36  responsible for the costs of pickup and recycling of the video 
  7.1   display devices.  A registrant may satisfy a portion or all of 
  7.2   its pro rata share responsibility by receipt of video display 
  7.3   devices from households through other methods if the registrant 
  7.4   has not charged for the recycling, refurbishment, or reuse of 
  7.5   the video display devices that the registrant has received from 
  7.6   households in this state through the other methods.  A 
  7.7   registrant who intends to satisfy a portion or all of its pro 
  7.8   rata share responsibility by receipt of the video display 
  7.9   devices from households through other methods must provide the 
  7.10  office with a report of its receipt of video display devices 
  7.11  through the other methods on a quarterly basis; 
  7.12     (2) until June 30, 2009, arrange for the pickup and 
  7.13  recycling of a minimum of an additional 12.5 percent of the 
  7.14  registrant's pro rata share of video display devices by weight 
  7.15  from intermediate consolidation points, pursuant to rules 
  7.16  adopted by the office under section 116H.65, paragraph (e).  
  7.17  Registrants are responsible for the costs of pickup and 
  7.18  recycling of the video display devices.  A registrant may 
  7.19  satisfy a portion or all of its additional pro rata share 
  7.20  responsibility by receipt of video display devices from 
  7.21  households through other methods if the registrant has not 
  7.22  charged for the recycling, refurbishment, or reuse of the video 
  7.23  display devices that the registrant received from households in 
  7.24  this state through the other methods.  Collectively, the 
  7.25  registrants must arrange for the pickup and recycling of at 
  7.26  least 50 percent of the orphan waste collected during this 
  7.27  period. 
  7.28     (n) After receipt of the report required by paragraph (l) 
  7.29  to be filed on October 1, 2009, the office must review the 
  7.30  performance of the program and may issue performance standards 
  7.31  related to the number of units collected per household.  
  7.32     Sec. 3.  [116H.65] [DUTIES OF OFFICE.] 
  7.33     (a) The office must administer and enforce this chapter. 
  7.34     (b) The office must establish procedures for: 
  7.35     (1) receipt and maintenance of the registration statements 
  7.36  and certifications filed with the office pursuant to section 
  8.1   116H.60; and 
  8.2      (2) making the statements and certifications easily 
  8.3   available to registrants, manufacturers, distributors, 
  8.4   retailers, and members of the public. 
  8.5      (c) On or before December 1, 2010, and every three years 
  8.6   thereafter, the office must provide a report to the governor and 
  8.7   the legislature on the implementation of this chapter.  For each 
  8.8   of the preceding three program years, the report must discuss 
  8.9   the total weight of video display devices received by all 
  8.10  registrants from intermediate consolidation points, the total 
  8.11  weight of video display devices received by each registrant from 
  8.12  intermediate consolidation points, the total weight of video 
  8.13  display devices that the registrant has received from households 
  8.14  through other methods during the preceding year and which the 
  8.15  registrant has used to satisfy all or a portion of its pro rata 
  8.16  share responsibility during the preceding year, and a summary of 
  8.17  information in the report submitted by registrants pursuant to 
  8.18  section 116H.60, paragraph (l).  The report must also discuss 
  8.19  the various collection programs used to collect video display 
  8.20  devices and information received by the office regarding video 
  8.21  display devices that are not being collected by the 
  8.22  registrants.  The report must include a description of 
  8.23  enforcement actions under this chapter and information about 
  8.24  video display devices, if any, being disposed of in landfills in 
  8.25  this state.  The office may include in its report other 
  8.26  information received by the office regarding the implementation 
  8.27  of the chapter. 
  8.28     (d) The office must administer the intermediate 
  8.29  consolidation point program. 
  8.30     (1) The office must calculate pro rata shares for video 
  8.31  display devices on an annual program year basis for each 
  8.32  registrant.  Pro rata shares for the first program year must be 
  8.33  determined by the office by May 1, 2006, using the Hennepin 
  8.34  County study.  For each subsequent year, pro rata shares must be 
  8.35  determined by May 1 of the preceding year based upon an annual 
  8.36  sampling survey conducted by the office at intermediate 
  9.1   consolidation points during that preceding year.  The sampling 
  9.2   survey must identify televisions and computer monitors 
  9.3   separately, and calculate the weight of televisions and computer 
  9.4   monitors separately.  The office may provide registrants with 
  9.5   projections or estimates of the amount by weight of video 
  9.6   display devices for which the registrant may be responsible 
  9.7   during a given program year. 
  9.8      (2) The office must establish by rule by May 1, 2006, a 
  9.9   system to coordinate among registrants pickups from intermediate 
  9.10  consolidation points after an intermediate consolidation point 
  9.11  has notified the office that a full truckload of video display 
  9.12  devices from households has been consolidated.  The office must 
  9.13  provide a program year accounting of the extent to which each 
  9.14  registrant met its pro rata share responsibility as established 
  9.15  pursuant to section 116H.60, paragraph (m), and methods for 
  9.16  addressing amounts greater than or less than a registrant's pro 
  9.17  rata share responsibility that were picked up and recycled by a 
  9.18  registrant during the program year. The system must establish a 
  9.19  procedure for allocating to local governments the responsibility 
  9.20  for the recycling of video display devices that are not the 
  9.21  responsibility of any registrant. 
  9.22     (3) By February 1, 2006, the office must receive 
  9.23  applications for the establishment of intermediate consolidation 
  9.24  points.  The director must seek to receive at least 15 
  9.25  applications with at least ten of the applications from outside 
  9.26  the metropolitan area.  By April 30, 2006, the office must 
  9.27  establish a list of approved intermediate consolidation points 
  9.28  and must provide the list on its Web site.  Manufacturers and 
  9.29  registrants have no responsibility for any costs of the 
  9.30  intermediate consolidation points.  Applications for the 
  9.31  establishment of intermediate consolidation points must specify 
  9.32  any method that will be used to ensure that video display 
  9.33  devices will be collected only from households or that video 
  9.34  display devices from households will be segregated from other 
  9.35  video display devices. 
  9.36     (e) The office may adopt rules for the purpose of 
 10.1   administering and enforcing this chapter. 
 10.2      Sec. 4.  [116H.75] [REQUIREMENTS FOR PURCHASES BY STATE 
 10.3   AGENCIES.] 
 10.4      (a) The Department of Administration must ensure that 
 10.5   acquisitions of video display devices under chapter 16C are 
 10.6   certified by the vendor to be in compliance with section 116H.60.
 10.7      (b) The bid solicitation documents must specify that the 
 10.8   prospective bidder is required to cooperate fully in providing 
 10.9   reasonable access to its records and documents that evidence 
 10.10  compliance with paragraph (a) and section 116H.60. 
 10.11     (c) Any person awarded a contract under chapter 16C for 
 10.12  purchase or lease of video display devices that is found to be 
 10.13  in violation of paragraph (a) or section 116H.60 is subject to 
 10.14  the following sanctions: 
 10.15     (1) the contract must be voided; 
 10.16     (2) the contractor is ineligible to bid on any state 
 10.17  contract for a period of three years; and 
 10.18     (3) if the attorney general establishes that any money, 
 10.19  property, or benefit was obtained by a contractor as a result of 
 10.20  violating paragraph (a) or section 116H.60, the court may, in 
 10.21  addition to any other remedy, order the disgorgement of the 
 10.22  unlawfully obtained money, property, or benefit. 
 10.23     Sec. 5.  [116H.80] [REGULATION OF CRT DEVICES.] 
 10.24     Rules adopted by the office or by the Pollution Control 
 10.25  Agency regarding the handling, storage, and treatment of cathode 
 10.26  ray tube devices or video display devices being recycled may not 
 10.27  be more restrictive than regulations adopted by the United 
 10.28  States Environmental Protection Agency.  If the United States 
 10.29  Environmental Protection Agency adopts regulations under the 
 10.30  Resource Conservation and Recovery Act regarding the handling, 
 10.31  storage, or treatment of cathode ray tube devices or video 
 10.32  display devices being recycled, those regulations are 
 10.33  automatically effective in this state on the same date and 
 10.34  supersede any rules previously adopted by the office or the 
 10.35  Pollution Control Agency regarding the handling, storage, or 
 10.36  treatment of cathode ray tube devices or video display devices 
 11.1   being recycled. 
 11.2      Sec. 6.  [116H.85] [ENFORCEMENT.] 
 11.3      This chapter shall be enforced in the manner provided by 
 11.4   sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072. 
 11.5      Sec. 7.  [116H.90] [LIMITATIONS.] 
 11.6      This chapter expires if a federal law, or combination of 
 11.7   federal laws, takes effect that is applicable to all video 
 11.8   display devices sold in the United States and establishes a 
 11.9   program for the collection and recycling or reuse of video 
 11.10  display devices that is applicable to all video display devices 
 11.11  discarded by households.