SF 1298

2nd Unofficial 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 collection, transportation, and recycling of 
1.3     video display devices; providing civil penalties;proposing coding for new law 
1.4     in Minnesota Statutes, chapter 115A.
1.5      BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6         Section 1. [115A.1306] REGISTRATION FEE AND PROGRAM FOR 
1.7     COLLECTION, TRANSPORTATION, AND RECYCLING OF VIDEO DISPLAY 
1.8     DEVICES FROM HOUSEHOLDS.
1.9         Subdivision 1. Definitions. For the purpose of this section, the following definitions 
1.10    shall apply.
1.11    (a) "Agency" means the Pollution Control Agency.
1.12    (b) "Cathode-ray tube" or "CRT" means a vacuum tube or picture tube used to 
1.13    convert an electronic signal into a visual image.
1.14    (c) "Video display device" means a television or computer monitor, including a 
1.15    laptop computer, containing a cathode-ray tube or a flat panel screen with a screen size 
1.16    that is greater than nine inches in size measured diagonally. Video display device does 
1.17    not include any of the following: 
1.18    (1) a video display device that is a part of a motor vehicle or any component part of a 
1.19    motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including 
1.20    replacement parts for use in a motor vehicle; 
1.21    (2) a video display device or a touch-screen display that is functionally or physically 
1.22    a part of a larger piece of equipment or is designed and intended for use in an industrial; 
1.23    commercial; library checkout; traffic control; security other than household security; 
1.24    border control; or medical setting, including diagnostic, monitoring, or control equipment; 
2.1     (3) a video display device that is contained within a clothes washer, clothes dryer, 
2.2     refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, 
2.3     dishwasher, room air conditioner, dehumidifier, or air purifier; or 
2.4     (4) a telephone of any type unless it contains a video display area greater than nine 
2.5     inches measured diagonally. 
2.6     (d) "Manufacturer" means a person who: 
2.7     (1) manufactures video display devices to be sold under its own brand as identified 
2.8     by its own brand label; or 
2.9     (2) sells video display devices manufactured by others under its own brand as 
2.10    identified by its own brand label.
2.11    (e) "Sell" or "sale" means any transfer for consideration of title or of the right to use, 
2.12    by lease or sales contract, including, but not limited to, transactions conducted through 
2.13    sales outlets, catalogs, or the Internet, or any other similar electronic means, either inside 
2.14    or outside of the state, by a person who conducts the transaction and controls the delivery 
2.15    of a video display device to a consumer in the state, but does not include a manufacturer's 
2.16    or distributor's wholesale transaction with a distributor or a retailer.
2.17        Subd. 2. Labeling of video display devices. By January 1, 2007, manufacturers 
2.18    shall label all video display devices to be offered for sale in Minnesota with the 
2.19    manufacturer's brand, which label shall be permanently affixed and readily visible.
2.20        Subd. 3. Requirements for sale. (a) On and after February 1, 2007, no person shall 
2.21    sell or offer for sale to any person in this state a video display device unless the video 
2.22    display device is labeled with the manufacturer's brand, which label shall be permanently 
2.23    affixed and readily visible.
2.24    (b) On and after February 1, 2007, no person shall sell or offer for sale to any person 
2.25    in this state a video display device unless the manufacturer of the video display device has 
2.26    filed a registration with the agency under subdivision 4. Beginning February 1, 2007, the 
2.27    agency shall maintain on its Web site a list of manufacturers registered with the agency 
2.28    and a list of each manufacturer's brands as reported in the manufacturer's registration. 
2.29    A person is considered to have complied with this section if, on the date the device was 
2.30    ordered, the manufacturer was listed on the agency's Web site as having registered.
2.31        Subd. 4. Manufacturer responsibility. (a) A manufacturer of video display devices 
2.32    sold in this state, including, but not limited to, transactions conducted through sales 
2.33    outlets, catalogs, or the Internet, or any other similar electronic means, either inside or 
2.34    outside of the state, shall conduct, beginning July 1, 2007, a program for the collection, 
2.35    transportation, and recycling of video display devices from households in this state. A 
3.1     manufacturer has sole discretion to determine the scope, terms, and conditions of such a 
3.2     program.
3.3     (b) A manufacturer of video display devices sold to households in this state shall, 
3.4     by January 1, 2007, and by July 1 of each year thereafter, file a registration with the 
3.5     agency and submit with the registration a fee of $5,000, which shall be deposited into the 
3.6     electronics recycling account established in subdivision 6. The registration must list 
3.7     the manufacturer's brands.
3.8     (c) A manufacturer that filed a registration under paragraph (b) by January 1, 
3.9     2007, shall, by July 1, 2007, file with the agency a description of the program for the 
3.10    collection, transportation, and recycling of video display devices from households that 
3.11    the manufacturer may operate in the state beginning July 1, 2007, and ending on June 30, 
3.12    2008. A registration filed by July 1, 2008, and thereafter, shall contain a description of the 
3.13    recycling program that the manufacturer operated in the previous year for the collection, 
3.14    transportation, and recycling of video display devices from Minnesota households, 
3.15    including methods of collection and amounts collected and recycled. 
3.16    (d) All video display devices collected by a manufacturer shall be recycled in a 
3.17    manner that is in compliance with all applicable federal, state, and local laws, rules, and 
3.18    regulations. 
3.19    (e) A manufacturer may report on recycling programs independently, collectively, or 
3.20    through a representative organization of manufacturers.  
3.21    (f) A manufacturer may collect, transport, and recycle video display devices jointly 
3.22    with other manufacturers.
3.23        Subd. 5. Manufacturers' plans. (a) Manufacturers' plans shall be coordinated to 
3.24    ensure the recycling of collected video display devices in each county at least once per 
3.25    year utilizing existing public and private infrastructure to the extent practicable. Counties 
3.26    with a population of less than 20,000 may be served through regional programs.
3.27    (b) A manufacturer that sells video display devices manufactured by others under its 
3.28    own brand as identified by its own brand label from more than three separate physical 
3.29    locations in this state is exempt from the requirements of this subdivision.
3.30        Subd. 6. Electronics recycling account. An electronics recycling account is 
3.31    established in the environmental fund. Fees collected under subdivision 4, interest 
3.32    accruing on the account, and any money appropriated for purposes of this section shall be 
3.33    credited to the account. Money in the account shall be used solely by the agency for the 
3.34    purpose of fulfilling agency responsibilities specified in this section and for payments to 
3.35    political subdivisions under subdivision 7. Money in the account may not be diverted for 
3.36    any purpose or activity other than those specified in this section.
4.1         Subd. 7. Local programs. (a) Beginning February 1, 2007, and no later than April 
4.2     1, 2007, a political subdivision engaged in the collection, transportation, and recycling 
4.3     of video display devices from households in Minnesota in an area determined by the 
4.4     commissioner of the Pollution Control Agency to be underserved with respect to the 
4.5     collection, transportation, and recycling of video display devices from households may 
4.6     apply to the agency for a grant from the electronics recycling account for collection, 
4.7     transportation, and recycling costs projected to be incurred by the local government for 
4.8     the recycling of video display devices from households in Minnesota from January 1, 
4.9     2007, through December 31, 2007. By May 1, 2007, the commissioner shall distribute 
4.10    the available funds among political subdivisions that have applied, taking into account 
4.11    population levels and densities and transportation costs. The amounts to be paid to each 
4.12    local government shall be established by the agency.
4.13    (b) Beginning January 1, 2008, and each January 1 thereafter, political subdivisions 
4.14    in underserved areas engaged in the collection, transportation, and recycling of video 
4.15    display devices from households in Minnesota may apply to the agency for a grant from 
4.16    the electronics recycling account to offset costs of such programs under procedures 
4.17    established by the agency.
4.18    (c) The agency may use no more than five percent of the funds in the electronics 
4.19    recycling account for public education and assistance to local government education 
4.20    activities.
4.21    (d) Beginning January 1, 2009, and annually thereafter, political subdivisions, 
4.22    retailers, charities, and recyclers engaged in the collection, transportation, or recycling 
4.23    of video display devices from households in the state shall submit a report to the agency 
4.24    on their recycling efforts, including methods of collection and amounts collected and 
4.25    recycled.
4.26        Subd. 8. Agency duties. On or before March 1, 2008, and each year thereafter, the 
4.27    agency shall submit a report to the governor and the legislature on the implementation 
4.28    of this section. For each program year, the report must discuss the total weight of video 
4.29    display devices recycled from households in Minnesota and summarize information 
4.30    submitted to the agency by manufacturers under subdivision 4, paragraphs (b) to (f), 
4.31    and beginning in 2009, by political subdivisions, retailers, charities, and recyclers under 
4.32    subdivision 7, paragraph (d). The report must also discuss collection programs, if any, 
4.33    used by manufacturers to collect video display devices and information regarding video 
4.34    display devices being disposed of in landfills in this state, if any. The report must include a 
4.35    description of enforcement actions under this section. The agency may include in its report 
4.36    other information received by the agency regarding the implementation of this section.
5.1         Subd. 9. Enforcement. (a) The agency shall enforce this section according to 
5.2     this subdivision.
5.3     (b) Civil liability may be administratively imposed by the agency following the 
5.4     procedures set forth in section 116.072, for violations of this section in an amount up to 
5.5     $5,000 per violation for the first violation and up to $10,000 per violation for the second 
5.6     and any subsequent violation.
5.7     (c) Civil liability may be imposed by a district court for violation of this section in an 
5.8     amount up to $15,000 per violation for the first violation and up to $25,000 per violation 
5.9     for the second and any subsequent violation.
5.10    (d) Any penalty imposed under this subdivision shall be deposited into the 
5.11    electronics recycling account. 
5.12        Subd. 10. National recycling program. This section expires 30 days after the 
5.13    agency publishes a notice in the State Register that a federal law, or combination of 
5.14    federal laws, have been enacted and implemented that establish a program for collecting, 
5.15    transporting, and recycling waste video display devices from households.
5.16        Subd. 11. Anticompetitive conduct. A manufacturer or organization of 
5.17    manufacturers and its officers, members, employees, and agents who participate in 
5.18    projects or programs to collect and properly manage collected video display devices are 
5.19    immune from liability under state law relating to antitrust, restraint of trade, unfair trade 
5.20    practices, and other regulation of trade or commerce for activities related to the collection 
5.21    and management of collected video display devices under this section.

5.22        Sec. 2. [115A.1308] EVALUATION.
5.23        Subdivision 1. Reporting. By February 1, 2008, and February 1, 2009, 
5.24    manufacturers shall report to the agency the total weight of video display devices collected 
5.25    and recycled under section 115A.1306 in each county during the previous calendar year, 
5.26    including documentation as to how the amounts were calculated and certification that the 
5.27    amounts reported are accurate.
5.28        Subd. 2. Determination. The commissioner of the Pollution Control Agency shall 
5.29    review the report submitted under subdivision 1 and determine whether the following 
5.30    conditions are met:
5.31    (1) the total weight of video display devices collected and recycled statewide under 
5.32    section 115A.1306 during calendar year 2008 equals or exceeds the equivalent of 2.25 
5.33    pounds per capita, based on the most recently available population estimates of the state 
5.34    demographer made pursuant to section 4A.02; and
5.35    (2) the provisions of clause (1) are met in at least 66 individual counties in the state.
6.1         Subd. 3. Publication; repeal. If the commissioner of the Pollution Control Agency 
6.2     determines that one or both conditions in subdivision 2 are not met:
6.3     (1) the commissioner shall publish that determination in the State Register by March 
6.4     15, 2009;
6.5     (2) this section and section 115A.1306 are repealed upon adjournment of the regular 
6.6     legislative session of 2009; and
6.7     (3) sections 115A.1310 to 115A.1330 become effective upon adjournment of the 
6.8     regular legislative session of 2009.

6.9         Sec. 3. [115A.1310] DEFINITIONS.
6.10        Subdivision 1. Scope. For the purposes of sections 115A.1310 to 115A.1324, the 
6.11    following terms have the meanings given.
6.12        Subd. 2. Cathode-ray tube or CRT. "Cathode-ray tube" or "CRT" means a vacuum 
6.13    tube or picture tube used to convert an electronic signal into a visual image. It is composed 
6.14    primarily of glass and is the video display component of a television or computer monitor, 
6.15    and includes other items integrally attached to the CRT.
6.16        Subd. 3. Collection. "Collection" means the aggregation of covered electronic 
6.17    devices from households and includes all the activities up to the time the covered 
6.18    electronic devices are delivered to a recycler.
6.19        Subd. 4. Collector. "Collector" means a public or private entity that receives 
6.20    covered electronic devices from households and arranges for the  delivery of the devices 
6.21    to a recycler.
6.22        Subd. 5. Computer. "Computer" means an electronic, magnetic, optical, 
6.23    electrochemical, or other high-speed data processing device performing logical, arithmetic, 
6.24    or storage functions, but does not include an automated typewriter or typesetter, a portable 
6.25    hand-held calculator or device, or other similar device.
6.26        Subd. 6. Computer monitor. "Computer monitor" means an electronic device that 
6.27    is a cathode-ray tube or flat panel display primarily intended to display information from 
6.28    a central processing unit or the Internet. Computer monitor includes a laptop computer, 
6.29    desktop computer, or personal computer. 
6.30        Subd. 7. Covered electronic device. "Covered electronic device" means computers, 
6.31    peripherals, facsimile machines, scanners, DVD players, video cassette recorders, and 
6.32    video display devices that are sold to a household by means of retail, wholesale, or 
6.33    electronic commerce.
6.34        Subd. 8. Department. "Department" means the Department of Revenue.
7.1         Subd. 9. Dwelling unit. "Dwelling unit" has the meaning given in section 238.02, 
7.2     subdivision 21a.
7.3         Subd. 10. Household. "Household" means an occupant of a single detached 
7.4     dwelling unit or a single unit of a multiple dwelling unit located in this state who has used 
7.5     a video display device at a dwelling unit primarily for personal use.
7.6         Subd. 11. Manufacturer. "Manufacturer" means a person who:
7.7     (1) manufactures video display devices to be sold under its own brand as identified 
7.8     by its own brand label; or 
7.9     (2) sells video display devices manufactured by others under its own brand as 
7.10    identified by its own brand label.
7.11        Subd. 12. Peripherals. "Peripherals" means a keyboard, computer mouse, printer, 
7.12    or any device external to a computer that provides input or output into or from a computer.
7.13        Subd. 13. Program year. "Program year" means the period from July 1 through 
7.14    June 30.
7.15        Subd. 14. Recycler. "Recycler" means a public or private individual or entity who 
7.16    accepts covered electronic devices from households and collectors for the purpose of 
7.17    recycling.
7.18        Subd. 15. Recycling. "Recycling" means the process of collecting and preparing 
7.19    covered electronic devices for reuse in their original form, including any repair or 
7.20    refurbishment that may be performed, or for use in manufacturing processes that do not 
7.21    cause the destruction of the component materials in a manner that precludes further use.
7.22        Subd. 16. Recycling credits. "Recycling credits" means the number of pounds of 
7.23    covered electronic devices recycled by a manufacturer from households during a program 
7.24    year, less the product of the number of pounds of video display devices sold to households 
7.25    during the same program year, multiplied by the proportion of sales a manufacturer is 
7.26    required to recycle. The calculation and uses of recycling credits are as specified in 
7.27    section 115A.1314, subdivision 1.
7.28        Subd. 17. Retailer. "Retailer" means a person who sells, rents, or leases, through 
7.29    sales outlets, catalogs, or the Internet, a video display device to a household and not for 
7.30    resale in any form.
7.31        Subd. 18. Sell or sale. "Sell" or "sale" means any transfer for consideration of title 
7.32    or of the right to use, by lease or sales contract, including, but not limited to, transactions 
7.33    conducted through sales outlets, catalogs, or the Internet, or any other similar electronic 
7.34    means either inside or outside of the state, by a person who conducts the transaction and 
7.35    controls the delivery of a video display device to a consumer in the state, but does not 
7.36    include a manufacturer's or distributor's wholesale transaction with a distributor or a 
8.1     retailer, or a transfer by a manufacturer, distributor, or retailer of a video display device 
8.2     that is not manufactured or marketed by a manufacturer for use in households.
8.3         Subd. 19. Television. "Television" means an electronic device that is a cathode-ray 
8.4     tube or flat panel display primarily intended to receive video programming via broadcast, 
8.5     cable, or satellite transmission or video from surveillance or other similar cameras.
8.6         Subd. 20. Video display device. "Video display device" means a computer monitor 
8.7     or television with a screen size greater than four inches measured diagonally. Video 
8.8     display device does not include a video display device that is a touch-screen monitor or 
8.9     that is part of or contained in a motor vehicle; industrial, commercial, traffic control, 
8.10    or security, other than household security, equipment; medical equipment, including 
8.11    diagnostic, monitoring, and control equipment; or any appliance.

8.12        Sec. 4. [115A.1312] REGISTRATION PROGRAM.
8.13        Subdivision 1. Requirements for sale. (a) On and after January 1, 2007, a 
8.14    retailer or manufacturer must not sell or offer for sale a new video display device to any 
8.15    household unless: 
8.16    (1) the video display device is labeled with the manufacturer's brand, which label is 
8.17    permanently affixed and readily visible; and
8.18    (2) the manufacturer has filed a registration with the agency, as specified in 
8.19    subdivision 2.
8.20    (b) A retailer or manufacturer who sells or offers for sale a new video display device 
8.21    to a household must, before the initial offer for sale, review the agency Web site specified 
8.22    in subdivision 2, paragraph (g), and determine that all new video display devices that the 
8.23    retailer or manufacturer is offering for sale are labeled with manufacturer's brands that 
8.24    are registered with the agency.
8.25    (c) A retailer is not responsible for an unlawful sale under this subdivision if the 
8.26    manufacturer's registration expired or was revoked and the retailer took possession of the 
8.27    video display device prior to the expiration or revocation of the manufacturer's registration 
8.28    and the unlawful sale occurred within six months after the expiration or revocation.
8.29        Subd. 2. Manufacturer's registration. (a) By August 1, 2006, and each year 
8.30    thereafter, a manufacturer of video display devices sold to a household must submit a 
8.31    registration to the agency that includes: 
8.32    (1) a list of the manufacturer's brands of video display devices offered for sale in 
8.33    this state; 
8.34    (2) the name, address, and contact information of a person responsible for ensuring 
8.35    compliance with this chapter; and
9.1     (3) a certification that the manufacturer has complied and will continue to comply 
9.2     with the requirements of sections 115A.1312 to 115A.1318.
9.3     (b) By August 1, 2008, and each year thereafter, a manufacturer of video display 
9.4     devices sold or offered for sale to a household must include in the registration submitted 
9.5     under paragraph (a), a  statement disclosing whether any video display devices sold to 
9.6     households exceed the maximum concentration values established for lead, mercury, 
9.7     cadmium, hexavalent chromium, polybrominated biphenyls (PBBs), and polybrominated 
9.8     diphenyl ethers (PBDEs) under the RoHS (restricting the use of certain hazardous 
9.9     substances in electrical and electronic equipment) Directive 2002/95/EC of the European 
9.10    Parliament and Council and any amendments thereto.
9.11    (c) A manufacturer who begins to sell or offer for sale video display devices to 
9.12    households after August 1, 2006, and has not filed a registration under this subdivision 
9.13    must submit a registration to the agency within ten days of beginning to sell or offer for 
9.14    sale video display devices to households.
9.15    (d) A registration must be updated within ten days after a change in the 
9.16    manufacturer's brands of video display devices sold or offered for sale to households.
9.17    (e) A registration is effective upon receipt by the agency and is valid until August 
9.18    1 of each year.
9.19    (f) The agency must review each registration and notify the manufacturer of any 
9.20    information required by this section that is omitted from the registration. Within 30 days 
9.21    of receipt of a notification from the agency, the manufacturer must submit a revised 
9.22    registration providing the information noted by the agency. 
9.23    (g) The agency must maintain on its Web site the names of manufacturers and the 
9.24    manufacturers' brands listed in registrations filed with the agency. The agency must 
9.25    update the Web site information promptly upon receipt of a new or updated registration.
9.26        Subd. 3. Collector's registration. After August 1, 2006, no person may operate as 
9.27    a collector of covered electronic devices from households unless that person has submitted 
9.28    a registration with the agency on a form prescribed by the commissioner of the Pollution 
9.29    Control Agency.  Registration information must include the name, address, telephone 
9.30    number, and location of the business and a certification that the collector has complied and 
9.31    will continue to comply with the requirements of sections 115A.1312 to 115A.1318.  A 
9.32    registration is effective upon receipt by the agency and is valid until August 1 of each year.
9.33        Subd. 4. Recycler's registration. After August 1, 2006, no person may recycle 
9.34    video display devices generated by households unless that person has submitted a 
9.35    registration with the agency on a form prescribed by the commissioner of the Pollution 
9.36    Control Agency. Registration information must include the name, address, telephone 
10.1    number, and location of all recycling facilities under the direct control of the recycler that 
10.2    may receive video display devices from households and a certification that the recycler 
10.3    has complied and will continue to comply with the requirements of sections 115A.1312 
10.4    to 115A.1318. A registered recycler may conduct recycling activities that are consistent 
10.5    with this chapter. A registration is effective upon receipt by the agency and is valid until 
10.6    August 1 of each year.

10.7        Sec. 5. [115A.1314] MANUFACTURER'S REGISTRATION FEE; CREATION 
10.8    OF ACCOUNT.
10.9        Subdivision 1. Registration fee. (a) Each manufacturer who registers under section 
10.10   115A.1312 must, by August 1, 2006, and each year thereafter, pay to the commissioner of 
10.11   revenue an annual registration fee. The commissioner of revenue must deposit the fee in 
10.12   the account established in subdivision 2.
10.13   (b) The registration fee for the initial program year during which a manufacturer 
10.14   sells or offers for sale video display devices to households is $5,000. Each year thereafter, 
10.15   the registration fee is equal to a base fee of $5,000, plus a variable recycling fee calculated 
10.16   according to the formula:
10.17   ((A x B) - (C + D)) x E, where:
10.18   (1) A = the number of pounds of video display devices sold by a manufacturer to 
10.19   households during the previous program year, as reported to the department under section 
10.20   115A.1316, subdivision 1;
10.21   (2) B = the proportion of sales of video display devices required to be recycled, 
10.22   initially set at  1.00;
10.23   (3) C =  the number of pounds of covered electronic devices recycled by a 
10.24   manufacturer from households during the previous program year, as reported to the 
10.25   department under section 115A.1316, subdivision 2; 
10.26   (4) D = the number of recycling credits a manufacturer elects to use to calculate the 
10.27   variable recycling fee, as reported to the department under section 115A.1316, subdivision 
10.28   1; and
10.29   (5) E = the estimated per-pound cost of recycling, initially set at $.50 per pound.
10.30   (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of 
10.31   pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer 
10.32   may retain recycling credits to be added, in whole or in part, to the actual value of C, as 
10.33   reported under section 115A.1316, subdivision 2, during any of the three succeeding 
10.34   program years. A  manufacturer may sell any portion or all of its recycling credits to 
11.1    another manufacturer, at a price negotiated by the parties, who may use the credits in the 
11.2    same manner.
11.3    (d) For the purpose of calculating a manufacturer's variable recycling fee under 
11.4    paragraph (b), the weight of covered electronic devices collected from households located 
11.5    in counties other than Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Kanabec, 
11.6    Le Sueur, McLeod, Meeker, Pine, Ramsey, Renville, Rice, Scott, Sherburne, Sibley, 
11.7    Washington, and Wright is calculated at 1.3 times their actual weight.
11.8    (e) The registration fee for the initial program year and the base registration fee 
11.9    thereafter for a manufacturer who sells fewer than 1,000 video display devices annually 
11.10   to households is $2,500.
11.11       Subd. 2. Creation of account; appropriations. (a) The electronic waste account is 
11.12   established in the environmental fund. The commissioner of revenue must deposit receipts 
11.13   from the fee established in subdivision 2 in the account. Any interest earned on the account 
11.14   must remain in the account. Money from other sources may be credited to the account.
11.15   (b) The legislature shall appropriate money from the account: 
11.16   (1) to the commissioner of the Pollution Control Agency and the commissioner of 
11.17   revenue for the purpose of implementing sections 115A.1312 to 115A.1330; and 
11.18   (2) to the commissioner of the Pollution Control Agency to be distributed on a 
11.19   competitive basis through contracts with counties other than Anoka, Carver, Chisago, 
11.20   Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright, and with 
11.21   private entities that collect for recycling covered electronic devices in counties other 
11.22   than those counties, for the purpose of carrying out the activities of sections 115A.1312 
11.23   to 115A.1330.

11.24       Sec. 6. [115A.1316] REPORTING REQUIREMENTS.
11.25       Subdivision 1. Manufacturer's reporting requirements. (a) By August 1 of each 
11.26   year, beginning in 2006, each manufacturer must report to the department the weight 
11.27   of each specific model of video display device sold to households during the previous 
11.28   program year. The department will use this information to verify a manufacturer's annual 
11.29   registration fee as specified in section 115A.1314, subdivision 1.
11.30   (b) By August 1 of each year, beginning in 2007, each manufacturer must report to 
11.31   the department the total weight of covered electronic devices collected from households 
11.32   and recycled during the preceding program year. A manufacturer must report separately 
11.33   the total weight of covered electronic devices collected from households located in 
11.34   counties specified in section 115A.1314, subdivision 1, paragraph (d), and those collected 
11.35   from households located outside those counties.
12.1    (c) By August 1 of each year, beginning in 2007, each manufacturer must report 
12.2    to the department: 
12.3    (1) the number of recycling credits the manufacturer has purchased and sold during 
12.4    the preceding program year; 
12.5    (2) the number of recycling credits possessed by the manufacturer that the 
12.6    manufacturer elects to use in the calculation of its variable recycling fee under section 
12.7    115A.1314, subdivision 1; and
12.8    (3) the number of recycling credits the manufacturer retains at the beginning of 
12.9    the current program year.
12.10       Subd. 2. Recycler's reporting requirements. By August 1 of each year, beginning 
12.11   in 2007, a recycler of covered electronic devices must report to the agency and the 
12.12   department the total weight of covered electronic devices recycled during the preceding 
12.13   program year and must certify that the recycler has complied with section 115A.1318, 
12.14   subdivision 2.
12.15       Subd. 3. Collector's reporting requirements. By August 1 of each year, beginning 
12.16   in 2007, a collector must report separately to the agency the total pounds of covered 
12.17   electronic devices collected in the counties specified in section 115A.1314, subdivision 
12.18   1, paragraph (d), and all other Minnesota counties, and a list of all recyclers to whom 
12.19   collectors delivered covered electronic devices.

12.20       Sec. 7. [115A.1318] RESPONSIBILITIES.
12.21       Subdivision 1. Manufacturer's responsibilities. (a) In addition to fulfilling the 
12.22   requirements of sections 115A.1311 to 115A.1330, a manufacturer must comply with 
12.23   paragraphs (b) to (d).
12.24   (b) A manufacturer must annually recycle or arrange for the collection and recycling 
12.25   of an amount of covered electronic devices equal to the total weight of video display 
12.26   devices sold by the manufacturer during the preceding program year, multiplied by the 
12.27   proportion of sales of video display devices required to be recycled, as established by the 
12.28   agency under section 115A.1320, subdivision 1, paragraph (c).
12.29   (c) The obligations of a manufacturer apply only to video display devices received 
12.30   from households and do not apply to video display devices received from sources other 
12.31   than households. 
12.32   (d) A manufacturer must conduct and document due diligence assessments of 
12.33   collectors and recyclers it contracts with to ensure that all recyclers comply with the 
12.34   requirements of subdivision 2. A manufacturer is responsible for maintaining, for a period 
13.1    of three years, documentation that all video display devices recycled, partially recycled, or 
13.2    sent to downstream recycling operations comply with the requirements of subdivision 2.
13.3        Subd. 2. Recycler's responsibilities. (a) As part of the report submitted under 
13.4    section 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph 
13.5    (b), that facilities that recycle video display devices, including all downstream recycling 
13.6    operations: 
13.7    (1) comply with all applicable health, environmental, safety, and financial 
13.8    responsibility regulations;
13.9    (2) are licensed by all applicable governmental authorities; 
13.10   (3) use no prison labor to recycle video display devices; and 
13.11   (4) possess liability insurance of not less than $1,000,000 for environmental releases, 
13.12   accidents, and other emergencies.
13.13   (b) A nonprofit corporation that contracts with a correctional institution to refurbish 
13.14   and reuse donated computers in schools is exempt from paragraph (a), clauses (3) and (4).
13.15   (c) Except to the extent otherwise required by law, a recycler has no responsibility 
13.16   for any data that may be contained in a covered electronic device if an information storage 
13.17   device is included in the covered electronic device.
13.18       Subd. 3. Retailer's responsibilities. (a) By July 1 of each year, a retailer must report 
13.19   to a manufacturer the number of video display devices labeled with the manufacturer's 
13.20   brand sold to households during the previous program year.
13.21   (b) A retailer who sells new video display devices shall provide information to 
13.22   households describing where and how they may recycle video display devices and 
13.23   advising them of opportunities and locations for the convenient collection of video display 
13.24   devices for the purpose of recycling. This requirement may be met by providing to 
13.25   households the agency's toll-free number and Web site address. Retailers selling through 
13.26   catalogs or the Internet may meet this requirement by including the information in a 
13.27   prominent location on the retailer's Web site.

13.28       Sec. 8. [115A.1320] AGENCY AND DEPARTMENT DUTIES.
13.29       Subdivision 1. Duties of the agency. (a) The agency shall administer sections 
13.30   115A.1310 to 115A.1330. 
13.31   (b) The agency shall establish procedures for: 
13.32   (1) receipt and maintenance of the registration statements and certifications filed 
13.33   with the agency under section 115A.1312; and 
13.34   (2) making the statements and certifications easily available to manufacturers, 
13.35   retailers, and members of the public. 
14.1    (c) The agency shall annually review the value of the following variables that are 
14.2    part of the formula used to calculate a manufacturer's annual registration fee under section 
14.3    115A.1314, subdivision 1: 
14.4    (1) the proportion of sales of video display devices sold to households that 
14.5    manufacturers are required to recycle; 
14.6    (2) the estimated per-pound price of recycling covered electronic devices sold to 
14.7    households; 
14.8    (3) the base registration fee; and 
14.9    (4) the multiplier established for the weight of covered electronic devices collected 
14.10   in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that any 
14.11   of these values must be changed in order to improve the efficiency or effectiveness of 
14.12   the activities regulated under sections 115A.1312 to 115A.1330, it  shall present those 
14.13   recommendations and the reasons for them to the chairs of the senate and house of 
14.14   representatives committees with jurisdiction over solid waste policy.
14.15   (d) The agency shall annually calculate estimated sales of video display devices sold 
14.16   to households by each manufacturer during the preceding program year based on national 
14.17   sales data and forward the estimates to the department.
14.18   (e) The agency shall manage the account established in section 115A.1314, 
14.19   subdivision 2.
14.20   (f) On or before December 1, 2007, and each year thereafter, the agency shall provide 
14.21   a report to the governor and the legislature on the implementation of sections 115A.1310 
14.22   to 115A.1330. For each program year, the report must discuss the total weight of covered 
14.23   electronic devices recycled and a summary of information in the reports submitted by 
14.24   manufacturers and recyclers under section 115A.1316. The report must also discuss the 
14.25   various collection programs used by manufacturers to collect covered electronic devices; 
14.26   information regarding covered electronic devices that are being collected by persons other 
14.27   than registered manufacturers, collectors, and recyclers; and information about covered 
14.28   electronic devices, if any, being disposed of in landfills in this state. The report must 
14.29   include a description of enforcement actions under sections 115A.1310 to 115A.1330. 
14.30   The agency may include in its report other information received by the agency regarding 
14.31   the implementation of sections 115A.1312 to 115A.1330. 
14.32   (g) The agency shall promote public participation in the activities regulated under 
14.33   sections 115A.1312 to 115A.1330 through public education and outreach efforts.
14.34   (h) The agency  shall enforce sections 115A.1310 to 115A.1330 in the manner 
14.35   provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those 
14.36   provisions enforced by the department, as provided in subdivision 2. The agency may 
15.1    revoke a registration of a collector or recycler found to have violated sections 115A.1310 
15.2    to 115A.1330.
15.3        Subd. 2. Duties of the department. (a) The department must collect the data 
15.4    submitted to it annually by each manufacturer on the weight of each specific model 
15.5    of video display device sold to households, the weight of covered electronic devices 
15.6    collected from households that is recycled, and data on recycling credits, as required under 
15.7    section 115A.1316. The department must use this data to review each manufacturer's 
15.8    annual registration fee submitted to the department to ensure that the fee was calculated 
15.9    accurately according to the formula in section 115A.1314, subdivision 1.
15.10   (b) The department must estimate, for each registered manufacturer, the sales of 
15.11   video display devices to households during the previous program year, based on:
15.12   (1) data provided by a manufacturer on sales of video display devices to households, 
15.13   including documentation describing how that amount was calculated and certification that 
15.14   the amount is accurate; or
15.15   (2) if a manufacturer does not provide the data specified in clause (1), national data 
15.16   on sales of video display devices.
15.17   The department must use the data specified in this subdivision to review each 
15.18   manufacturer's annual registration fee submitted to the department to ensure that the fee 
15.19   was calculated accurately according to the formula in section 115A.1314, subdivision 1.
15.20   (c) The department must enforce section 115A.1314, subdivision 1. The audit, 
15.21   assessment, appeal, collection, enforcement, disclosure, and other administrative 
15.22   provisions of chapters 270B, 270C, and 289A that apply to the taxes imposed under 
15.23   chapter 297A apply to the fee imposed under section 115A.1314, subdivision 1. To 
15.24   enforce this subdivision, the commissioner of revenue may grant extensions to pay, 
15.25   and impose and abate penalties and interest on, the fee due under section 115A.1314, 
15.26   subdivision 1, in the manner provided in chapters 270C and 289A as if the fee were a 
15.27   tax imposed under chapter 297A.
15.28   (d) The department may disclose nonpublic data to the agency only when necessary 
15.29   for the efficient and effective administration of the activities regulated under sections 
15.30   115A.1312 to 115A.1330. Any data disclosed by the department to the agency retains the 
15.31   classification it had when in the possession of the department.

15.32       Sec. 9. [115A.1322] OTHER RECYCLING PROGRAMS.
15.33   A city, county, or other public agency may not require households to use public 
15.34   facilities to recycle their covered electronic devices to the exclusion of other lawful 
15.35   programs available. Nothing in sections 115A.1310 to 115A.1330 prohibits or restricts 
16.1    the operation of any program recycling covered electronic devices in addition to those 
16.2    provided by manufacturers or prohibits or restricts any persons from receiving, collecting, 
16.3    transporting, or recycling covered electronic devices, provided that those persons are 
16.4    registered under section 115A.1312.

16.5        Sec. 10. [115A.1324] REQUIREMENTS FOR PURCHASES BY STATE 
16.6    AGENCIES.
16.7    (a) The Department of Administration must ensure that acquisitions of video display 
16.8    devices under chapter 16C are certified by the vendor to be in compliance with sections 
16.9    115A.1312 to 115A.1318.
16.10   (b) The bid solicitation documents must specify that the prospective bidder is 
16.11   required to cooperate fully in providing reasonable access to its records and documents 
16.12   that evidence compliance with paragraph (a) and sections 115A.1312 to 115A.1318. 
16.13   (c) Any person awarded a contract under chapter 16C for purchase or lease of video 
16.14   display devices that is found to be in violation of paragraph (a) or sections 115A.1312 to 
16.15   115A.1318 is subject to the following sanctions: 
16.16   (1) the contract must be voided; 
16.17   (2) the contractor is ineligible to bid on any state contract for a period of three 
16.18   years; and 
16.19   (3) if the attorney general establishes that any money, property, or benefit was 
16.20   obtained by a contractor as a result of violating paragraph (a) or sections 115A.1312 to 
16.21   115A.1318, the court may, in addition to any other remedy, order the disgorgement of the 
16.22   unlawfully obtained money, property, or benefit. 

16.23       Sec. 11. [115A.1326] REGULATION OF VIDEO DISPLAY DEVICES.
16.24   If the United States Environmental Protection Agency adopts regulations under the 
16.25   Resource Conservation and Recovery Act regarding the handling, storage, or treatment 
16.26   of any type of video display device being recycled, those regulations are automatically 
16.27   effective in this state on the same date and supersede any rules previously adopted by the 
16.28   agency regarding the handling, storage, or treatment of all video display devices being 
16.29   recycled. 

16.30       Sec. 12. [115A.1328] MULTISTATE IMPLEMENTATION.
16.31   The agency and department are authorized to participate in the establishment and 
16.32   implementation of a regional multistate organization or compact to assist in carrying out 
16.33   the requirements of this chapter.

17.1        Sec. 13. [115A.1330] LIMITATIONS.
17.2    Sections 115A.1310 to 115A.1330 expire if a federal law, or combination of federal 
17.3    laws, take effect that is applicable to all video display devices sold in the United States 
17.4    and establish a program for the collection and recycling or reuse of video display devices 
17.5    that is applicable to all video display devices discarded by households.

17.6        Sec. 14. EFFECTIVE DATE.
17.7    Sections 1 and 2 are effective the day following final enactment. Sections 3 to 13 are 
17.8    effective as provided in section 115A.1308, subdivision 3, clause (3).