HF 1391

4th Engrossment - 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 116H.

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

Section 1.

new text begin [116H.55] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter,
the following terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Cathode ray tube or crt. new text end

new text begin "Cathode ray tube" or
"CRT" means a vacuum tube or picture tube used to convert an
electronic signal into a visual image. It is composed primarily
of glass, and is the video display component of a television or
computer monitor, and includes other items integrally attached
to the CRT.
new text end

new text begin Subd. 3. new text end

new text begin Computer monitor. new text end

new text begin "Computer monitor" means an
electronic device that is a cathode ray tube or flat panel
display primarily intended to display information from a central
processing unit or the Internet. Computer monitor includes a
laptop computer.
new text end

new text begin Subd. 4. new text end

new text begin Full truckload. new text end

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

new text begin Subd. 5. new text end

new text begin Hennepin county study. new text end

new text begin "Hennepin County study"
means the Hennepin County Consumer Electronics Brand Tally,
published January 2005.
new text end

new text begin Subd. 6. new text end

new text begin Household. new text end

new text begin "Household" means an occupant of a
single detached dwelling unit or a single unit of a multiple
dwelling unit who has used a video display device at a dwelling
unit primarily for personal use.
new text end

new text begin Subd. 7. new text end

new text begin Intermediate consolidation point. new text end

new text begin "Intermediate
consolidation point" means a facility in the state approved by
the Office of Environmental Assistance pursuant to section
116H.65, paragraph (d), clause (3), where local governments and
households can deliver for consolidation video display devices
generated by households and destined for recycling,
refurbishment, or reuse. The facility 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 from households in accordance with all applicable
federal, state, and local laws, rules, regulations, and
ordinances.
new text end

new text begin Subd. 8. new text end

new text begin Manufacturer. new text end

new text begin "Manufacturer" means a person who
(1) manufactures video display devices to be sold under its own
brand as identified by its own brand label; or (2) sells video
display devices manufactured by others under its own brand as
identified by its own brand label.
new text end

new text begin Subd. 9. new text end [MANUFACTURER'S BRANDS.] new text begin "Manufacturer's brands"
means a manufacturer's name, brand name, or brand label, and all
manufacturer's names, brand names, and brand labels for which
the manufacturer has legal responsibility, including those
manufacturer's names, brand names, and brand labels of companies
that have been acquired by the manufacturer.
new text end

new text begin Subd. 10. new text end

new text begin Office. new text end

new text begin "Office" means the Office of
Environmental Assistance.
new text end

new text begin Subd. 11. new text end

new text begin Orphan waste. new text end

new text begin "Orphan waste" means a video
display device covered by this section for which (1) no
manufacturer can be identified; or (2) the manufacturer no
longer exists and no successor can be identified.
new text end

new text begin Subd. 12. new text end

new text begin Pro rata share. new text end

new text begin "Pro rata share" means the
percentage that is the proportion, multiplied by 100, of the
total weight of video display devices, of the manufacturer's
brands registered by a registrant, as required by section
116H.60, paragraph (e), received at intermediate consolidation
points divided by the total weight of video display devices
received at intermediate consolidation points, as determined by
the sampling program at intermediate consolidation points
pursuant to section 116H.65, paragraph (d), clause (1). The pro
rata share for the first program year shall be based on the
Hennepin County study.
new text end

new text begin Subd. 13. new text end

new text begin Registrant. new text end

new text begin "Registrant" means a manufacturer
that submits the registration required by section 116H.60,
paragraph (a), or an independent party that submits the
registration required by section 116H.60, paragraph (a), in lieu
of a manufacturer.
new text end

new text begin Subd. 14. new text end

new text begin Sell or sale. new text end

new text begin "Sell" or "sale" means any
transfer for consideration of title or of the right to use, by
lease or sales contract, including, but not limited to,
transactions conducted through sales outlets, catalogs, or the
Internet, or any other similar electronic means either inside or
outside of the state, by a person who conducts the transaction
and controls the delivery of a video display device to a
consumer in the state, but does not include a wholesale
transaction with a distributor or a retailer.
new text end

new text begin Subd. 15. new text end

new text begin Television. new text end

new text begin "Television" means an electronic
device that is a cathode ray tube or flat panel display
primarily intended to receive video programming via broadcast,
cable, or satellite transmission or video from surveillance or
other similar cameras.
new text end

new text begin Subd. 16. new text end

new text begin Video display device. new text end

new text begin "Video display device"
means a computer monitor or television with a screen size
greater than eight inches measured diagonally. This does not
include a video display device that is part of or contained in a
motor vehicle; industrial, commercial, or medical equipment; or
any appliance.
new text end

Sec. 2.

new text begin [116H.60] REGISTRATION PROGRAM.
new text end

new text begin (a) On and after July 1, 2006, a retailer or manufacturer
may not sell or offer for sale a new video display device to any
person in the state unless:
new text end

new text begin (1) the video display device is labeled with the
manufacturer's brand, which label is permanently affixed and
readily visible; and
new text end

new text begin (2) the video display device is subject to a registration
filed by a registrant with the office according to this section,
with the registration effective upon receipt by the office.
new text end

new text begin (b) A retailer or manufacturer who sells or offers for sale
a new video display device to a consumer in this state must,
before initial offer for sale of the device, submit to the
office a certification that the retailer or manufacturer has
reviewed the office's Web site specified in paragraph (i), and
has determined that all new video display devices that the
retailer or manufacturer is then offering for sale are labeled
with manufacturers' brands that are subject to registration
statements filed with the office. After the initial submittal,
the certification must be submitted to the office annually by
July 10 of each year, effective as of July 1 of each year. A
retailer is not responsible for an unlawful sale under this
paragraph 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 (c) By February 1, 2006, a manufacturer of video display
devices sold to a consumer in this state must submit a
registration to the office that includes a certification that a
registrant will participate in the intermediate consolidation
point program as specified in paragraph (n) beginning July 1,
2006. A manufacturer who begins to sell or offer for sale video
display devices after February 1, 2006, and has not filed a
registration pursuant to this section must submit a registration
to the office within ten days of beginning to sell or offer for
sale video display devices to consumers in the state. The
registration is effective upon receipt by the office.
new text end

new text begin (d) The registration must list the manufacturer's brands.
The registration must be updated within ten days after a change
in the manufacturer's brands, such as in the event of an
acquisition, merger, or divestiture.
new text end

new text begin (e) A registrant may partner with one or more manufacturers
or other parties, collectively a "registrant," to prepare and
submit to the office a joint video display device recycling,
refurbishment, or reuse program.
new text end

new text begin (f) Each manufacturer who registers under this section must
pay an annual fee which is deposited in an electronic waste
account established in the environmental fund. The fee is equal
to $2,000 multiplied by the manufacturer's pro rata share of
video display devices as determined under section 116H.55,
subdivision 12. A manufacturer registered under this section
whose pro rata share is less than 0.25 percent must pay a
minimum fee of $500. Money in the electronic waste account is
appropriated to the office for the purpose of administering the
program.
new text end

new text begin (g) The office shall develop procedures to administer and
implement the program and shall present them to the legislature
by January 15, 2006.
new text end

new text begin (h) The office must review each registration and notify the
registrant if the registration does not include the information
required by this section. Within 30 days of receipt of a
notification from the office, the registrant must file with the
office a revised registration providing the information noted by
the office.
new text end

new text begin (i) The office must maintain on its Web site the names of
the registrants and the manufacturers' brands that are listed in
registrations filed with the office. The office must update the
Web site information promptly upon receipt of a new registration
or an updated registration.
new text end

new text begin (j) The obligations of a manufacturer or registrant apply
only to video display devices received from households in this
state and do not apply to video display devices received from
owners other than households.
new text end

new text begin (k) Persons who receive a video display device for
recycling, refurbishment, or reuse pursuant to a registration
may recycle, refurbish, or reuse, including resale of, the video
display device. Except to the extent otherwise required by law,
such persons have no responsibility for any data that may be on
the video display device if an information storage device is
included with the video display device.
new text end

new text begin (l) A city, county, or other public agency may not require
households to use the intermediate consolidation point program
to recycle their video display devices to the exclusion of other
programs legally available. This chapter anticipates that video
display device recycling programs, in addition to those provided
by manufacturers and registrants under this section, will be
available to households in the state. Nothing in this chapter
prohibits or restricts any such programs or prohibits or
restricts any persons from receiving, storing, transporting, or
recycling video display devices.
new text end

new text begin (m) By October 1 of each year, each registrant must submit
a report to the office that describes the implementation of the
program during the preceding program year. The program year is
July 1 through June 30. The first report must be submitted by
October 1, 2007. The report must:
new text end

new text begin (1) identify the total weight of the video display devices
that the registrant has arranged for pickup from intermediate
consolidation points during the preceding year, and the total
weight of video display devices that the registrant has received
from households through other methods during the preceding year
and for which the registrant has used such video display devices
to satisfy all or a portion of its pro rata share responsibility
during the preceding year; and
new text end

new text begin (2) describe the processes and methods used to recycle,
refurbish, or reuse video display devices that the registrant
has arranged for pickup from intermediate collection points
during the preceding year and that the registrant has received
from households through other methods, and for which the
registrant has used such video display devices to satisfy all or
a portion of its pro rata share responsibility during the
preceding year; and, in particular, identify any disassembly,
physical recovery operation including crushing, shredding,
grinding, or glass to glass recycling, or any other operation
that was used and describe where it took place. The report must
also discuss whether these activities included procedures
described in the United States Environmental Protection Agency's
guidelines for the environmentally sound management of
electronic equipment.
new text end

new text begin (n) Participation in the intermediate consolidation point
program requires that a registrant must:
new text end

new text begin (1) arrange for the pickup and recycling of a full
truckload or truckloads of computer monitor video display
devices or television video display devices received by
intermediate consolidation points after July 1, 2006, up to the
registrant's pro rata share of computer monitor video display
devices or television video display devices, from intermediate
consolidation points, under procedures developed under paragraph
(g). Registrants are responsible for the costs of pickup and
recycling of the video display devices. A registrant may
satisfy a portion or all of its pro rata share responsibility by
receipt of video display devices from households through other
methods if the registrant has not charged for the recycling,
refurbishment, or reuse of the video display devices that the
registrant has received from households in this state through
the other methods. A registrant who intends to satisfy a
portion or all of its pro rata share responsibility by receipt
of the video display devices from households through other
methods must provide the office with a report of its receipt of
video display devices through the other methods on a quarterly
basis; and
new text end

new text begin (2) arrange for the pickup and recycling of the
registrant's pro rata share of orphan waste by weight from
intermediate consolidation points, pursuant to procedures
developed under paragraph (g). Registrants are responsible for
the costs of pickup and recycling of the video display devices.
A registrant may satisfy a portion or all of its pro rata share
responsibility by receipt of video display devices from
households through other methods if the registrant has not
charged for the recycling, refurbishment, or reuse of the video
display devices that the registrant received from households in
this state through the other methods.
new text end

new text begin (o) After receipt of the report required by paragraph (m)
to be filed on October 1, 2009, the office must review the
performance of the program and may issue performance standards
related to the number of units collected per household.
new text end

Sec. 3.

new text begin [116H.65] DUTIES OF OFFICE.
new text end

new text begin (a) The office must administer and enforce this chapter.
new text end

new text begin (b) The office must establish procedures for:
new text end

new text begin (1) receipt and maintenance of the registration statements
and certifications filed with the office pursuant to section
116H.60; and
new text end

new text begin (2) making the statements and certifications easily
available to registrants, manufacturers, distributors,
retailers, and members of the public.
new text end

new text begin (c) On or before December 1, 2010, and every three years
thereafter, the office must provide a report to the governor and
the legislature on the implementation of this chapter. For each
of the preceding three program years, the report must discuss
the total weight of video display devices received by all
registrants from intermediate consolidation points, the total
weight of video display devices received by each registrant from
intermediate consolidation points, the total weight of video
display devices that the registrant has received from households
through other methods during the preceding year and which the
registrant has used to satisfy all or a portion of its pro rata
share responsibility during the preceding year, and a summary of
information in the report submitted by registrants pursuant to
section 116H.60, paragraph (m). The report must also discuss
the various collection programs used to collect video display
devices and information received by the office regarding video
display devices that are not being collected by the
registrants. The report must include a description of
enforcement actions under this chapter and information about
video display devices, if any, being disposed of in landfills in
this state. The office may include in its report other
information received by the office regarding the implementation
of this chapter.
new text end

new text begin (d) The office must administer the intermediate
consolidation point program.
new text end

new text begin (1) The office must calculate pro rata shares for video
display devices on an annual program year basis for each
registrant. Pro rata shares for the first program year must be
determined by the office by May 1, 2006, using the Hennepin
County study. For each subsequent year, pro rata shares must be
determined by May 1 of the preceding year based upon an annual
sampling survey conducted by the office at intermediate
consolidation points during that preceding year. The sampling
survey must identify televisions and computer monitors
separately, and calculate the weight of televisions and computer
monitors separately. The office may provide registrants with
projections or estimates of the amount by weight of video
display devices for which the registrant may be responsible
during a given program year.
new text end

new text begin (2) The office must establish, under procedures developed
under section 116H.60, paragraph (g), a system to coordinate
among registrants pickups from intermediate consolidation points
after an intermediate consolidation point has notified the
office that a full truckload of video display devices from
households has been consolidated. The office must provide a
program year accounting of the extent to which each registrant
met its pro rata share responsibility as established pursuant to
section 116H.60, paragraph (n), and methods for addressing
amounts greater than or less than a registrant's pro rata share
responsibility that were picked up and recycled by a registrant
during the program year.
new text end

new text begin (3) By February 1, 2006, the office must receive
applications for the establishment of intermediate consolidation
points. The director must seek to receive at least 15
applications with at least ten of the applications from outside
the metropolitan area. By April 30, 2006, the office must
establish a list of approved intermediate consolidation points
and must provide the list on its Web site. Manufacturers and
registrants have no responsibility for any costs of the
intermediate consolidation points. Applications for the
establishment of intermediate consolidation points must specify
any method that will be used to ensure that video display
devices will be collected only from households or that video
display devices from households will be segregated from other
video display devices.
new text end

Sec. 4.

new text begin [116H.75] REQUIREMENTS FOR PURCHASES BY STATE
AGENCIES.
new text end

new text begin (a) The Department of Administration must ensure that
acquisitions of video display devices under chapter 16C are
certified by the vendor to be in compliance with section 116H.60.
new text end

new text begin (b) The bid solicitation documents must specify that the
prospective bidder is required to cooperate fully in providing
reasonable access to its records and documents that evidence
compliance with paragraph (a) and section 116H.60.
new text end

new text begin (c) Any person awarded a contract under chapter 16C for
purchase or lease of video display devices that is found to be
in violation of paragraph (a) or section 116H.60 is subject to
the following sanctions:
new text end

new text begin (1) the contract must be voided;
new text end

new text begin (2) the contractor is ineligible to bid on any state
contract for a period of three years; and
new text end

new text begin (3) if the attorney general establishes that any money,
property, or benefit was obtained by a contractor as a result of
violating paragraph (a) or section 116H.60, the court may, in
addition to any other remedy, order the disgorgement of the
unlawfully obtained money, property, or benefit.
new text end

Sec. 5.

new text begin [116H.80] REGULATION OF CRT DEVICES.
new text end

new text begin Rules adopted by the office or by the Pollution Control
Agency regarding the handling, storage, and treatment of cathode
ray tube devices or video display devices being recycled may not
be more restrictive than regulations adopted by the United
States Environmental Protection Agency. If the United States
Environmental Protection Agency adopts regulations under the
Resource Conservation and Recovery Act regarding the handling,
storage, or treatment of cathode ray tube devices or video
display devices being recycled, those regulations are
automatically effective in this state on the same date and
supersede any rules previously adopted by the office or the
Pollution Control Agency regarding the handling, storage, or
treatment of cathode ray tube devices or video display devices
being recycled.
new text end

Sec. 6.

new text begin [116H.85] ENFORCEMENT.
new text end

new text begin This chapter shall be enforced in the manner provided by
sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072.
new text end

Sec. 7.

new text begin [116H.90] LIMITATIONS.
new text end

new text begin This chapter expires if a federal law, or combination of
federal laws, takes effect that is applicable to all video
display devices sold in the United States and establishes a
program for the collection and recycling or reuse of video
display devices that is applicable to all video display devices
discarded by households.
new text end