HF 882

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; prohibiting the placement 
  1.3             in mixed municipal solid waste of electronic products 
  1.4             with cathode ray tubes; establishing a process for a 
  1.5             list of electronic products complying with certain 
  1.6             standards for recovery and recycling; providing 
  1.7             immunity for certain anticompetitive conduct for 
  1.8             manufacturers that participate in collection and 
  1.9             management programs for waste electronic products; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapter 115A. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [115A.9565] [RECOVERY AND RECYCLING OF WASTE 
  1.14  ELECTRONIC PRODUCTS.] 
  1.15     Subdivision 1.  [DEFINITION.] For the purpose of this 
  1.16  section, "electronic products" includes, but is not limited to, 
  1.17  televisions, computer monitors, laptop computers, central 
  1.18  processing units, printers, scanners, and other computer 
  1.19  peripherals. 
  1.20     Subd. 2.  [PROHIBITION.] Effective July 1, 2005, a person 
  1.21  may not place in mixed municipal solid waste an electronic 
  1.22  product containing a cathode ray tube. 
  1.23     Subd. 3.  [MANUFACTURER RESPONSIBILITY.] Effective 
  1.24  September 1, 2004, all manufacturers of listed electronic 
  1.25  products, including those that sell equipment by means of 
  1.26  distance communication, or their representative organization, 
  1.27  shall: 
  1.28     (1) establish permanent programs in Minnesota to collect, 
  2.1   transport, and reuse or recycle electronic products; such 
  2.2   programs must provide convenient access for all citizens; 
  2.3      (2) ensure that the costs to collect, transport, and reuse 
  2.4   or recycle electronic products are not recovered through an 
  2.5   end-of-life fee to the consumer; and 
  2.6      (3) clearly inform each purchaser of an electronic product 
  2.7   of the program and opportunities for proper disposal of waste 
  2.8   electronic products. 
  2.9      Subd. 4.  [COLLECTION AND MANAGEMENT NOTIFICATION.] By May 
  2.10  1, 2004, and annually thereafter, a manufacturer of electronic 
  2.11  products or its representative organization must notify the 
  2.12  office how and where the manufacturer or organization will 
  2.13  provide permanent collection, transportation, and reuse or 
  2.14  recycling programs in the state for the electronic products. 
  2.15     Subd. 5.  [COLLECTION CONTRACTS.] A manufacturer or a 
  2.16  representative organization of manufacturers may contract with 
  2.17  the state or a political subdivision to provide collection, 
  2.18  transportation, and reuse or recycling services under this 
  2.19  section.  The manufacturer or organization shall fully reimburse 
  2.20  the state or political subdivision for the value of any 
  2.21  contractual services rendered under this subdivision. 
  2.22     Subd. 6.  [INDUSTRY REPORTING.] By June 1 of each year 
  2.23  after 2004, a manufacturer of electronic products or its 
  2.24  representative organization shall provide information to the 
  2.25  office that specifies: 
  2.26     (1) the amount of electronic products subject to this 
  2.27  section that are sold in the state and the amount collected 
  2.28  during the previous year; and 
  2.29     (2) the number and weight of the collected electronic 
  2.30  products, their constituent materials that were reused or 
  2.31  recycled in the previous year, and the end markets for each 
  2.32  constituent material of the reused or recycled collected 
  2.33  products. 
  2.34     Subd. 7.  [OFFICE OF ENVIRONMENTAL ASSISTANCE REPORT.] By 
  2.35  December 1 of each year after 2004, the office shall evaluate 
  2.36  the manufacturers' reported information.  The office shall also 
  3.1   publish its evaluation of electronics collection, 
  3.2   transportation, and reuse or recycling programs in the state on 
  3.3   the office's Web site and through any of its other regular 
  3.4   methods of providing public information. 
  3.5      Subd. 8.  [ANTICOMPETITIVE CONDUCT.] A manufacturer or 
  3.6   organization of manufacturers and its officers, members, 
  3.7   employees, and agents who participate in projects or programs to 
  3.8   collect, transport, and reuse or recycle electronic products are 
  3.9   immune from liability under state law relating to antitrust, 
  3.10  restraint of trade, unfair trade practices, and other regulation 
  3.11  of trade or commerce for activities related to the collection 
  3.12  and management of electronic products required under this 
  3.13  section. 
  3.14     Subd. 9.  [ENFORCEMENT.] This provision may be enforced 
  3.15  under sections 115.071 and 116.072. 
  3.16     Subd. 10.  [EXPIRATION.] The requirements under 
  3.17  subdivisions 3 to 9 expire 30 days after the office publishes a 
  3.18  notice in the State Register that a national program for 
  3.19  effectively collecting, transporting, and reusing or recycling 
  3.20  waste electronic products is established and implemented 
  3.21  throughout the state.