HF 1471

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/27/2011 04:44pm

A bill for an act
relating to environment; modifying electronic device recycling requirements;
amending Minnesota Statutes 2010, sections 115A.1310; 115A.1312; 115A.1314, subdivision 1; 115A.1316; 115A.1318; 115A.1320; 115A.1322; 115A.1324; 115A.1326; 115A.1330.

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

Section 1.

Minnesota Statutes 2010, section 115A.1310, is amended to read:

115A.1310 DEFINITIONS.

Subdivision 1.

Scope.

For the purposes of sections 115A.1310 to 115A.1330, the
following terms have the meanings given.

Subd. 2.

Cathode-ray tube or CRT.

"Cathode-ray tube" or "CRT" means a vacuum
tube or picture tube used to convert an electronic signal into a visual image.

Subd. 3.

Collection.

"Collection" means the aggregation of deleted text begin covered deleted text end new text begin eligible new text end
electronic devices from households and includes all the activities up to the time the
deleted text begin covered deleted text end new text begin eligible new text end electronic devices are delivered to a recycler.

Subd. 4.

Collector.

"Collector" means a public or private entity that receives
deleted text begin covered deleted text end new text begin eligible new text end electronic devices from households and arranges for the delivery of
the devices to a recycler.

Subd. 5.

Computer.

"Computer" means an electronic, magnetic, optical,
electrochemical, or other high-speed data processing device performing logical, arithmetic,
or storage functions, but does not include an automated typewriter or typesetter, a portable
handheld calculator or device, or other similar device.

Subd. 6.

Computer monitor.

"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.

Subd. 7.

Covered electronic device.

"Covered electronic device" means computers,
deleted text begin peripherals, facsimile machines deleted text end new text begin printers, digital video recorders (DVR's) new text end , DVD players,
deleted text begin video cassette recorders, deleted text end and video display devices that are sold to a household by means
of retail, wholesale, or electronic commerce.

Subd. 8.

Department.

"Department" means the Department of Revenue.

Subd. 9.

Dwelling unit.

"Dwelling unit" has the meaning given in section 238.02,
subdivision 21a.

new text begin Subd. 9a. new text end

new text begin Eligible electronic device. new text end

new text begin "Eligible electronic device" means covered
electronic devices, peripherals, facsimile machines, and video cassette recorders.
new text end

Subd. 10.

Household.

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

Subd. 11.

Manufacturer.

"Manufacturer" means a person who:

(1) manufactures deleted text begin video display deleted text end new text begin covered electronic new text end devices to be sold under its own
brand as identified by its own brand label; or

(2) sells deleted text begin video display deleted text end new text begin covered electronic new text end devices manufactured by others under its
own brand as identified by its own brand label.

Subd. 12.

Peripheral.

"Peripheral" means a keyboard, deleted text begin printer deleted text end new text begin mouse, external hard
drive, modems, speakers new text end , or any other device sold exclusively for external use with a
computer that provides input or output into or from a computer.

new text begin Subd. 12a. new text end

new text begin Printer. new text end

new text begin "Printer" means a desktop printer or a device that prints and
may have other functions, including copying, scanning, or sending facsimiles, and that
is designed to be placed on a work surface that is marketed by the manufacturer for use
by households.
new text end

Subd. 13.

Program year.

"Program year" means the period from July 1 through
June 30.

Subd. 14.

Recycler.

"Recycler" means a public or private individual or entity
who accepts deleted text begin covered deleted text end new text begin eligible new text end electronic devices from households and collectors for the
purpose of recycling. A manufacturer who takes products for refurbishment or repair is
not a recycler.

Subd. 15.

Recycling.

"Recycling" means the process of collecting and preparing
deleted text begin video display devices or covered electronic deleted text end new text begin eligible electronics new text end devices for use in
manufacturing processes or for recovery of usable materials followed by delivery of such
materials for use. Recycling does not include the destruction by incineration or other
process or land disposal of recyclable materials nor reuse, repair, or any other process
through which deleted text begin video display devices or covered deleted text end new text begin eligible new text end electronic devices are returned to
use for households in their original form.

Subd. 16.

Recycling credits.

"Recycling credits" means the number of pounds of
deleted text begin covered deleted text end new text begin eligible new text end electronic devices recycled by a manufacturer from households during
a program year, less the product of the number of pounds of deleted text begin video display deleted text end new text begin covered
electronic new text end devices sold to households during the same program year, multiplied by the
proportion of sales a manufacturer is required to recycle. The calculation and uses of
recycling credits are as specified in section 115A.1314, subdivision 1.

Subd. 17.

Retailer.

"Retailer" means a person who sells, rents, or leases, through
sales outlets, catalogs, or the Internet, a deleted text begin video display deleted text end new text begin covered electronic new text end device to a
household and not for resale in any form.

Subd. 18.

Sell or sale.

"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 deleted text begin video display deleted text end new text begin covered electronic new text end device to a consumer in the
state, but does not include a manufacturer's or distributor's wholesale transaction with a
distributor or a retailer.

Subd. 19.

Television.

"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.

Subd. 20.

Video display device.

"Video display device" means a television or
computer monitor, including a laptop computer, that contains a cathode-ray tube or a flat
panel screen with a screen size that is deleted text begin greater than nine deleted text end new text begin seven new text end inches new text begin or greater new text end measured
diagonally and that is marketed by manufacturers for use by households. Video display
device does not include any of the following:

(1) a video display device that is part of a motor vehicle or any component part of a
motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including
replacement parts for use in a motor vehicle;

(2) a video display device, including a touch-screen display, that is functionally or
physically part of a larger piece of equipment or is designed and intended for use in an
industrial; commercial, including retail; library checkout; traffic control; kiosk; security,
other than household security; border control; or medical setting, including diagnostic,
monitoring, or control equipment;

(3) a video display device that is contained within a clothes washer, clothes dryer,
refrigerator, refrigerator and freezer, microwave oven, conventional oven or range,
dishwasher, room air conditioner, dehumidifier, or air purifier; or

(4) a telephone of any type unless it contains a video display area deleted text begin greater than nine deleted text end new text begin
seven new text end inches new text begin or greater new text end measured diagonally.

Sec. 2.

Minnesota Statutes 2010, section 115A.1312, is amended to read:

115A.1312 REGISTRATION PROGRAM.

Subdivision 1.

Requirements for sale.

(a) On or after September 1, 2007, a
manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale a new
deleted text begin video display deleted text end new text begin covered electronic new text end device unless:

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

(2) the manufacturer has filed a registration with the agency, as specified in
subdivision 2.

(b) On or after February 1, 2008, a retailer who sells or offers for sale a new deleted text begin video
display deleted text end new text begin covered electronic new text end device to a household must, before the initial offer for sale,
review the agency Web site specified in subdivision 2, paragraph (g), to determine that
all new deleted text begin video display deleted text end new text begin covered electronic new text end devices that the retailer is offering for sale are
labeled with the manufacturer's brands that are registered with the agency.

(c) A retailer is not responsible for an unlawful sale under this subdivision if the
manufacturer's registration expired or was revoked and the retailer took possession of
the deleted text begin video display deleted text end new text begin covered electronic new text end device prior to the expiration or revocation of the
manufacturer's registration and the unlawful sale occurred within six months after the
expiration or revocation.

Subd. 2.

Manufacturer's registration.

(a) A manufacturer of deleted text begin video display deleted text end new text begin covered
electronic new text end devices sold or offered for sale to households after September 1, 2007, must
submit a registration to the agency that includes:

(1) a list of the manufacturer's brands of deleted text begin video display deleted text end new text begin covered electronic new text end devices
offered for sale in this state;

(2) the name, address, and contact information of a person responsible for ensuring
compliance with this chapter; and

(3) a certification that the manufacturer has complied and will continue to comply
with the requirements of sections 115A.1312 to 115A.1318.

(b) By September 1, 2008, and each year thereafter, a manufacturer of deleted text begin video display deleted text end new text begin
covered electronic new text end devices sold or offered for sale to a household must include in the
registration submitted under paragraph (a), a statement disclosing whether:

(1) any deleted text begin video display deleted text end new text begin covered electronic new text end devices sold to households exceed the
maximum concentration values established for lead, mercury, cadmium, hexavalent
chromium, polybrominated biphenyls (PBB's), and polybrominated diphenyl ethers
(PBDE's) under the RoHS (restricting the use of certain hazardous substances in electrical
and electronic equipment) Directive 2002/95/EC of the European Parliament and Council
and any amendments thereto; or

(2) the manufacturer has received an exemption from one or more of those maximum
concentration values under the RoHS Directive that has been approved and published by
the European Commission.

(c) A manufacturer who begins to sell or offer for sale deleted text begin video display deleted text end new text begin covered
electronic new text end devices to households after September 1, 2007, and has not filed a registration
under this subdivision must submit a registration to the agency within ten days of
beginning to sell or offer for sale deleted text begin video display deleted text end new text begin covered electronic new text end devices to households.

(d) A registration must be updated within ten days after a change in the
manufacturer's brands of deleted text begin video display deleted text end new text begin covered electronic new text end devices sold or offered for
sale to households.

(e) A registration is effective upon receipt by the agency and is valid until September
1 of each year.

(f) The agency must review each registration and notify the manufacturer of any
information required by this section that is omitted from the registration. Within 30 days
of receipt of a notification from the agency, the manufacturer must submit a revised
registration providing the information noted by the agency.

(g) The agency must maintain on its Web site the names of manufacturers and the
manufacturers' brands listed in registrations filed with the agency. The agency must
update the Web site information promptly upon receipt of a new or updated registration.
The Web site must contain prominent language stating, in effect, that sections 115A.1310
to 115A.1330 are directed at household equipment and the manufacturers' brands list is,
therefore, not a list of manufacturers qualified to sell to industrial, commercial, or other
markets identified as exempt from the requirements of sections 115A.1310 to 115A.1330.

Subd. 3.

Collector's registration.

After August 1, 2007, no person may operate
as a collector of deleted text begin covered deleted text end new text begin eligible new text end electronic devices from households unless that person
has submitted a registration with the agency on a form prescribed by the commissioner.
Registration information must include the name, address, telephone number, and location
of the business and a certification that the collector has complied and will continue to
comply with the requirements of sections 115A.1312 to 115A.1318. A registration is
effective upon receipt by the agency and is valid until July 1 of each year.

Subd. 4.

Recycler's registration.

After August 1, 2007, no person may recycle
deleted text begin video display deleted text end new text begin eligible electronic new text end devices generated by households unless that person
has submitted a registration with the agency on a form prescribed by the commissioner.
Registration information must include the name, address, telephone number, and location
of all recycling facilities under the direct control of the recycler that may receive deleted text begin video
display deleted text end new text begin eligible electronic new text end devices from households and a certification that the recycler
has complied and will continue to comply with the requirements of sections 115A.1312
to 115A.1318. A registered recycler may conduct recycling activities that are consistent
with this chapter. A registration is effective upon receipt by the agency and is valid until
July 1 of each year.

Sec. 3.

Minnesota Statutes 2010, section 115A.1314, subdivision 1, is amended to read:

Subdivision 1.

Registration fee.

(a) Each manufacturer who registers under section
115A.1312 must, by September 1, 2007, and each year thereafter, pay to the commissioner
of revenue an annual registration fee. The commissioner of revenue must deposit the fee
in the account established in subdivision 2.

(b) The registration fee for the initial program year during which a manufacturer's
deleted text begin video display deleted text end new text begin covered electronic new text end devices are sold to households is $5,000. Each year
thereafter, the registration fee is equal to a base fee of $2,500, plus a variable recycling
fee calculated according to the formula:

((A x B) - (C + D)) x E, where:

(1) A = the number of pounds of a manufacturer's deleted text begin video display deleted text end new text begin covered electronic new text end
devices sold to households during the previous program year, as reported to the department
under section 115A.1316, subdivision 1;

(2) B = the proportion of sales of deleted text begin video display deleted text end new text begin covered electronic new text end devices required
to be recycled, set at 0.6 for the first program year and 0.8 for the second program year
and every year thereafter;

(3) C = the number of pounds of deleted text begin covered deleted text end new text begin eligible new text end electronic devices recycled by
a manufacturer from households during the previous program year, as reported to the
department under section 115A.1316, subdivision 1;

(4) D = the number of recycling credits a manufacturer elects to use to calculate the
variable recycling fee, as reported to the department under section 115A.1316, subdivision
1; and

(5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound
for manufacturers who recycle at least 50 percent but less than 90 percent of the product
(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less
than 100 percent of the product (A x B).

(c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of
pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer
may retain recycling credits to be added, in whole or in part, to the actual value of C, as
reported under section 115A.1316, subdivision 2, deleted text begin during deleted text end new text begin for new text end any new text begin of the three new text end succeeding
program deleted text begin year deleted text end new text begin years new text end , provided that no more than deleted text begin 25 deleted text end new text begin 20 new text end percent of a manufacturer's
obligation (A x B) for any program year may be met with recycling credits generated in a
prior program year. A manufacturer may sell any portion or all of its recycling credits
to another manufacturer, at a price negotiated by the parties, who may use the credits
in the same manner.

(d) For the purpose of calculating a manufacturer's variable recycling fee under
paragraph (b), the weight of deleted text begin covered deleted text end new text begin eligible new text end electronic devices collected from households
located outside the 11-county metropolitan area, as defined in subdivision 2, paragraph
(c), is calculated at 1.5 times their actual weight.

(e) The registration fee for the initial program year and the base registration fee
thereafter for a manufacturer who produces fewer than 100 deleted text begin video display deleted text end new text begin covered
electronic new text end devices for sale annually to households is $1,250.

Sec. 4.

Minnesota Statutes 2010, section 115A.1316, is amended to read:

115A.1316 REPORTING REQUIREMENTS.

Subdivision 1.

Manufacturer's reporting requirements.

(a) By September 1 of
each year, beginning in 2008, each manufacturer must report to the department:

(1) the total weight of each specific model of its deleted text begin video display deleted text end new text begin covered electronic new text end
devices sold to households during the previous program year;

(2) the total weight of its deleted text begin video display deleted text end new text begin covered electronic new text end devices sold to households
during the previous new text begin program new text end year; or

(3) an estimate of the total weight of its deleted text begin video display deleted text end new text begin covered electronic new text end devices
sold to households during the previous program year, calculated by multiplying the weight
of its deleted text begin video display deleted text end new text begin covered electronic new text end devices sold nationally times the quotient of
Minnesota's population divided by the national population.

A manufacturer must submit with the report required under this paragraph a
description of how the information or estimate was calculated.

(b) By September 1 of each year, beginning in 2008, each manufacturer must report
to the department the total weight of deleted text begin covered deleted text end new text begin eligible new text end electronic devices the manufacturer
collected from households and recycled or arranged to have collected and recycled during
the preceding program year. If a manufacturer wishes to receive the variable recycling
rate of 1.5 for deleted text begin covered deleted text end new text begin eligible new text end electronic devices it recycles, the manufacturer must
report separately the total weight of deleted text begin covered deleted text end new text begin eligible new text end electronic devices collected from
households located in counties specified in section 115A.1314, subdivision 1, paragraph
(d), and those collected from households located outside those counties.

(c) By September 1 of each year, beginning in 2008, each manufacturer must report
to the department:

(1) the number of recycling credits the manufacturer has purchased and sold during
the preceding program year;

(2) the number of recycling credits possessed by the manufacturer that the
manufacturer elects to use in the calculation of its variable recycling fee under section
115A.1314, subdivision 1; and

(3) the number of recycling credits the manufacturer retains at the beginning of
the current program year.

Subd. 2.

Recycler's reporting requirements.

By August 1 of each year, beginning
in 2008, a recycler of deleted text begin covered deleted text end new text begin eligible new text end electronic devices must report to the agency and
the department the total weight of deleted text begin covered deleted text end new text begin eligible new text end electronic devices recycled during the
preceding program year and must certify that the recycler has complied with section
115A.1318, subdivision 2.

Subd. 3.

Collector's reporting requirements.

By August 1 of each year, beginning
in 2008, a collector must report separately to the agency the total pounds of deleted text begin covered deleted text end new text begin
eligible new text end electronic devices collected in the counties specified in section 115A.1314,
subdivision 1, paragraph (d), and all other Minnesota counties, and a list of all recyclers
to whom collectors delivered covered electronic devices.

Sec. 5.

Minnesota Statutes 2010, section 115A.1318, is amended to read:

115A.1318 RESPONSIBILITIES.

Subdivision 1.

Manufacturer's responsibilities.

(a) In addition to fulfilling the
requirements of sections 115A.1310 to 115A.1330, a manufacturer must comply with
paragraphs (b) to (e).

(b) A manufacturer must annually recycle or arrange for the collection and recycling
of an amount of deleted text begin covered deleted text end new text begin eligible new text end electronic devices equal to the total weight of its deleted text begin video
display deleted text end new text begin covered electronic new text end devices sold to households during the deleted text begin preceding deleted text end new text begin previous new text end
program year, multiplied by the proportion of sales of deleted text begin video display deleted text end new text begin covered electronic new text end
devices required to be recycled, as established by the agency under section 115A.1320,
subdivision 1, paragraph (c).

(c) The obligations of a manufacturer apply only to deleted text begin video deleted text end new text begin eligible electronic new text end display
devices received from households and do not apply to deleted text begin video display deleted text end new text begin eligible electronic new text end
devices received from sources other than households.

(d) A manufacturer must conduct and document due diligence assessments of
collectors and recyclers it contracts with, including an assessment of items specified
under subdivision 2. A manufacturer is responsible for maintaining, for a period of three
years, documentation that all deleted text begin video display deleted text end new text begin eligible electronic new text end devices recycled, partially
recycled, or sent to downstream recycling operations comply with the requirements of
subdivision 2.

(e) A manufacturer must provide the agency with contact information for a person
who can be contacted regarding the manufacturer's activities under sections 115A.1310
to 115A.1320.

Subd. 2.

Recycler's responsibilities.

(a) As part of the report submitted under
section 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph
(b), that facilities that recycle deleted text begin video display deleted text end new text begin eligible electronic new text end devices, including all
downstream recycling operations:

(1) comply with all applicable health, environmental, safety, and financial
responsibility regulations;

(2) are licensed by all applicable governmental authorities;

(3) use no prison labor to recycle video display devices; and

(4) possess liability insurance of not less than $1,000,000 for environmental releases,
accidents, and other emergencies.

(b) A nonprofit corporation that contracts with a correctional institution to refurbish
and reuse donated computers in schools is exempt from paragraph (a), clauses (3) and (4).

(c) Except to the extent otherwise required by law, a recycler has no responsibility
for any data that may be contained in a covered electronic device if an information storage
device is included in the covered electronic device.

Subd. 3.

Retailer's responsibilities.

A retailer who sells new deleted text begin video display deleted text end new text begin covered
electronic new text end devices shall provide information to households describing where and how they
may recycle deleted text begin video display deleted text end new text begin covered electronic new text end devices and advising them of opportunities
and locations for the convenient collection of deleted text begin video display deleted text end new text begin covered electronic new text end devices
for the purpose of recycling. This requirement may be met by providing to households
the agency's toll-free number and Web site address. Retailers selling through catalogs
or the Internet may meet this requirement by including the information in a prominent
location on the retailer's Web site.

Sec. 6.

Minnesota Statutes 2010, section 115A.1320, is amended to read:

115A.1320 AGENCY AND DEPARTMENT DUTIES.

Subdivision 1.

Duties of the agency.

(a) The agency shall administer sections
115A.1310 to 115A.1330.

(b) The agency shall establish procedures for:

(1) receipt and maintenance of the registration statements and certifications filed
with the agency under section 115A.1312; and

(2) making the statements and certifications easily available to manufacturers,
retailers, and members of the public.

(c) The agency shall annually review the value of the following variables that are
part of the formula used to calculate a manufacturer's annual registration fee under section
115A.1314, subdivision 1:

(1) the proportion of sales of deleted text begin video display deleted text end new text begin covered electronic new text end devices sold to
households that manufacturers are required to recycle;

(2) the estimated per-pound price of recycling deleted text begin covered deleted text end new text begin eligible new text end electronic devices
sold to households;

(3) the base registration fee; and

(4) the multiplier established for the weight of deleted text begin covered deleted text end new text begin eligible new text end electronic devices
collected in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that
any of these values must be changed in order to improve the efficiency or effectiveness
of the activities regulated under sections 115A.1312 to 115A.1330 or if the revenues in
the account exceed the amount that the agency determines is necessary, the agency shall
submit recommended changes and the reasons for them to the chairs of the senate and
house of representatives committees with jurisdiction over solid waste policy.

(d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
sales of deleted text begin video display deleted text end new text begin covered electronic new text end devices sold to households by each manufacturer
during the preceding program year, based on national sales data, and forward the estimates
to the department.

(e) The agency shall manage the account established in section 115A.1314,
subdivision 2. If the revenues in the account exceed the amount that the agency determines
is necessary for efficient and effective administration of the program, including any
amount for contingencies, the agency must recommend to the legislature that the base
registration fee, the proportion of sales of deleted text begin video display deleted text end new text begin covered electronic new text end devices
required to be recycled, or the estimated per pound cost of recycling established under
section 115A.1314, subdivision 1, paragraph (b), or any combination thereof, be lowered
in order to reduce revenues collected in the subsequent program year by the estimated
amount of the excess.

(f) On or before December 1, 2010, and each year thereafter, the agency shall provide
a report to the governor and the legislature on the implementation of sections 115A.1310
to 115A.1330. For each program year, the report must discuss the total weight of deleted text begin covered deleted text end new text begin
eligible new text end electronic devices recycled and a summary of information in the reports submitted
by manufacturers and recyclers under section 115A.1316. The report must also discuss the
various collection programs used by manufacturers to collect deleted text begin covered deleted text end new text begin eligible new text end electronic
devices; information regarding deleted text begin covered deleted text end new text begin eligible new text end electronic devices that are being collected
by persons other than registered manufacturers, collectors, and recyclers; and information
about deleted text begin covered deleted text end new text begin eligible new text end electronic devices, if any, being disposed of in landfills in this state.
The report must include a description of enforcement actions under sections 115A.1310
to 115A.1330. The agency may include in its report other information received by the
agency regarding the implementation of sections 115A.1312 to 115A.1330.

(g) The agency shall promote public participation in the activities regulated under
sections 115A.1312 to 115A.1330 through public education and outreach efforts.

(h) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
provisions enforced by the department, as provided in subdivision 2. The agency may
revoke a registration of a collector or recycler found to have violated sections 115A.1310
to 115A.1330.

(i) The agency shall facilitate communication between counties, collection and
recycling centers, and manufacturers to ensure that manufacturers are aware of deleted text begin video
display deleted text end new text begin covered electronic new text end devices available for recycling.

(j) The agency shall develop a form retailers must use to report information to
manufacturers under section 115A.1318 and post it on the agency's Web site.

(k) The agency shall post on its Web site the contact information provided by each
manufacturer under section 115A.1318, paragraph (e).

Subd. 2.

Duties of the department.

(a) The department must collect the data
submitted to it annually by each manufacturer on the total weight of each specific model
of deleted text begin video display deleted text end new text begin covered electronic new text end device sold to households, if provided; the total
weight of deleted text begin video display deleted text end new text begin covered electronic new text end devices sold to households; the total weight
of deleted text begin covered deleted text end new text begin eligible new text end electronic devices collected from households that are recycled; and
data on recycling credits, as required under section 115A.1316. The department must
use this data to review each manufacturer's annual registration fee submitted to the
department to ensure that the fee was calculated accurately according to the formula in
section 115A.1314, subdivision 1.

(b) The department must estimate, for each registered manufacturer, the sales of
deleted text begin video display deleted text end new text begin covered electronic new text end devices to households during the previous program
year, based on:

(1) data provided by a manufacturer on sales of deleted text begin video display deleted text end new text begin covered electronic new text end
devices to households, including documentation describing how that amount was
calculated and certification that the amount is accurate; or

(2) if a manufacturer does not provide the data specified in clause (1), national data
on sales of deleted text begin video display deleted text end new text begin covered electronic new text end devices.

The department must use the data specified in this subdivision to review each
manufacturer's annual registration fee submitted to the department to ensure that the fee
was calculated accurately according to the formula in section 115A.1314, subdivision 1.

(c) The department must enforce section 115A.1314, subdivision 1. The audit,
assessment, appeal, collection, enforcement, disclosure, and other administrative
provisions of chapters 270B, 270C, and 289A that apply to the taxes imposed under
chapter 297A apply to the fee imposed under section 115A.1314, subdivision 1. To
enforce this subdivision, the commissioner of revenue may grant extensions to pay,
and impose and abate penalties and interest on, the fee due under section 115A.1314,
subdivision 1, in the manner provided in chapters 270C and 289A as if the fee were a
tax imposed under chapter 297A.

(d) The department may disclose nonpublic data to the agency only when necessary
for the efficient and effective administration of the activities regulated under sections
115A.1310 to 115A.1330. Any data disclosed by the department to the agency retains the
classification it had when in the possession of the department.

Sec. 7.

Minnesota Statutes 2010, section 115A.1322, is amended to read:

115A.1322 OTHER RECYCLING PROGRAMS.

A city, county, or other public agency may not require households to use public
facilities to recycle their deleted text begin covered deleted text end new text begin eligible new text end electronic devices to the exclusion of other
lawful programs available. Cities, counties, and other public agencies, including those
awarded contracts by the agency under section 115A.1314, subdivision 2, are encouraged
to work with manufacturers to assist them in meeting their recycling obligations under
section 115A.1318, subdivision 1. Nothing in sections 115A.1310 to 115A.1330 prohibits
or restricts the operation of any program recycling covered electronic devices in addition
to those provided by manufacturers or prohibits or restricts any persons from receiving,
collecting, transporting, or recycling covered electronic devices, provided that those
persons are registered under section 115A.1312.

Sec. 8.

Minnesota Statutes 2010, section 115A.1324, is amended to read:

115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.

(a) The Department of Administration must ensure that acquisitions of deleted text begin video display deleted text end new text begin
covered electronic new text end devices under chapter 16C are in compliance with or not subject to
sections 115A.1310 to 115A.1318.

(b) The solicitation documents must specify that the prospective responder is
required to cooperate fully in providing reasonable access to its records and documents
that evidence compliance with paragraph (a) and sections 115A.1310 to 115A.1318.

(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 sections 115A.1310 to
115A.1318 is subject to the following sanctions:

(1) the contract must be voided if the commissioner of administration determines
that the potential adverse impact to the state is exceeded by the benefit obtained from
voiding the contract;

(2) the contractor is subject to suspension and disbarment under Minnesota Rules,
part 1230.1150; and

(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 sections 115A.1310 to
115A.1318, the court may, in addition to any other remedy, order the disgorgement of the
unlawfully obtained money, property, or benefit.

Sec. 9.

Minnesota Statutes 2010, section 115A.1326, is amended to read:

115A.1326 REGULATION OF VIDEO DISPLAY DEVICES.

If the United States Environmental Protection Agency adopts regulations under the
Resource Conservation and Recovery Act regarding the handling, storage, or treatment of
any type of deleted text begin video display deleted text end new text begin eligible electronic new text end device being recycled, those regulations are
automatically effective in this state on the same date and supersede any rules previously
adopted by the agency regarding the handling, storage, or treatment of all deleted text begin video display deleted text end new text begin
eligible electronic new text end devices being recycled.

Sec. 10.

Minnesota Statutes 2010, section 115A.1330, is amended to read:

115A.1330 LIMITATIONS.

Sections 115A.1310 to 115A.1330 expire if a federal law, or combination of federal
laws, take effect that is applicable to all deleted text begin video display deleted text end new text begin covered electronic new text end devices sold in
the United States and establish a program for the collection and recycling or reuse of
deleted text begin video display deleted text end new text begin covered electronic new text end devices that is applicable to all deleted text begin video display deleted text end new text begin covered
electronic new text end devices discarded by households.