HF 854

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to environment; providing for collection, transportation, and recycling of 1.3video display devices; providing civil penalties; appropriating money;proposing 1.4coding for new law in Minnesota Statutes, chapter 115A. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6    Section 1. new text begin [115A.1310] DEFINITIONS. new text end 1.7     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin For the purposes of sections 115A.1310 to 115A.1330, the new text end 1.8 new text begin following terms have the meanings given. new text end 1.9     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 new text end 1.10 new text begin tube or picture tube used to convert an electronic signal into a visual image. new text end 1.11     new text begin Subd. 3. new text end new text begin Collection. new text end new text begin "Collection" means the aggregation of covered electronic new text end 1.12 new text begin devices from households and includes all the activities up to the time the covered new text end 1.13 new text begin electronic devices are delivered to a recycler. new text end 1.14     new text begin Subd. 4. new text end new text begin Collector. new text end new text begin "Collector" means a public or private entity that receives new text end 1.15 new text begin covered electronic devices from households and arranges for the delivery of the devices new text end 1.16 new text begin to a recycler. new text end 1.17     new text begin Subd. 5. new text end new text begin Computer. new text end new text begin "Computer" means an electronic, magnetic, optical, new text end 1.18 new text begin electrochemical, or other high-speed data processing device performing logical, arithmetic, new text end 1.19 new text begin or storage functions, but does not include an automated typewriter or typesetter, a portable new text end 1.20 new text begin hand-held calculator or device, or other similar device. new text end 1.21     new text begin Subd. 6. new text end new text begin Computer monitor. new text end new text begin "Computer monitor" means an electronic device that new text end 1.22 new text begin is a cathode-ray tube or flat panel display primarily intended to display information from a new text end 1.23 new text begin central processing unit or the Internet. Computer monitor includes a laptop computer. new text end 2.1     new text begin Subd. 7. new text end new text begin Covered electronic device. new text end new text begin "Covered electronic device" means computers, new text end 2.2 new text begin peripherals, facsimile machines, DVD players, video cassette recorders, and video display new text end 2.3 new text begin devices that are sold to a household by means of retail, wholesale, or electronic commerce. new text end 2.4     new text begin Subd. 8. new text end new text begin Department. new text end new text begin "Department" means the Department of Revenue. new text end 2.5     new text begin Subd. 9. new text end new text begin Dwelling unit. new text end new text begin "Dwelling unit" has the meaning given in section 238.02, new text end 2.6 new text begin subdivision 21a. new text end 2.7     new text begin Subd. 10. new text end new text begin Household. new text end new text begin "Household" means an occupant of a single detached new text end 2.8 new text begin dwelling unit or a single unit of a multiple dwelling unit located in this state who has used new text end 2.9 new text begin a video display device at a dwelling unit primarily for personal use. new text end 2.10     new text begin Subd. 11. new text end new text begin Manufacturer. new text end new text begin "Manufacturer" means a person who: new text end 2.11     new text begin (1) manufactures video display devices to be sold under its own brand as identified new text end 2.12 new text begin by its own brand label; or new text end 2.13     new text begin (2) sells video display devices manufactured by others under its own brand as new text end 2.14 new text begin identified by its own brand label. new text end 2.15     new text begin Subd. 12. new text end new text begin Peripheral. new text end new text begin "Peripheral" means a keyboard, printer, or any other device new text end 2.16 new text begin sold exclusively for external use with a computer that provides input or output into new text end 2.17 new text begin or from a computer. new text end 2.18     new text begin Subd. 13. new text end new text begin Program year. new text end new text begin "Program year" means the period from July 1 through new text end 2.19 new text begin June 30. new text end 2.20     new text begin Subd. 14. new text end new text begin Recycler. new text end new text begin "Recycler" means a public or private individual or entity who new text end 2.21 new text begin accepts covered electronic devices from households and collectors for the purpose of new text end 2.22 new text begin recycling. A manufacturer who takes products for refurbishment or repair is not a recycler. new text end 2.23     new text begin Subd. 15. new text end new text begin Recycling. new text end new text begin "Recycling" means the process of collecting and preparing new text end 2.24 new text begin video display devices or covered electronic devices for use in manufacturing processes new text end 2.25 new text begin or for recovery of useable materials followed by delivery of such materials for use. new text end 2.26 new text begin Recycling does not include the destruction by incineration or other process or land new text end 2.27 new text begin disposal of recyclable materials nor reuse, repair, or any other process through which new text end 2.28 new text begin video display devices or covered electronic devices are returned to use for households in new text end 2.29 new text begin their original form. new text end 2.30     new text begin Subd. 16. new text end new text begin Recycling credits. new text end new text begin "Recycling credits" means the number of pounds of new text end 2.31 new text begin covered electronic devices recycled by a manufacturer from households during a program new text end 2.32 new text begin year, less the product of the number of pounds of video display devices sold to households new text end 2.33 new text begin during the same program year, multiplied by the proportion of sales a manufacturer is new text end 2.34 new text begin required to recycle. The calculation and uses of recycling credits are as specified in new text end 2.35 new text begin section 115A.1314, subdivision 1. new text end 3.1     new text begin Subd. 17. new text end new text begin Retailer. new text end new text begin "Retailer" means a person who sells, rents, or leases, through new text end 3.2 new text begin sales outlets, catalogs, or the Internet, a video display device to a household and not for new text end 3.3 new text begin resale in any form. new text end 3.4     new text begin Subd. 18. 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 new text end 3.5 new text begin or of the right to use, by lease or sales contract, including, but not limited to, transactions new text end 3.6 new text begin conducted through sales outlets, catalogs, or the Internet, or any other similar electronic new text end 3.7 new text begin means either inside or outside of the state, by a person who conducts the transaction new text end 3.8 new text begin and controls the delivery of a video display device to a consumer in the state, but does new text end 3.9 new text begin not include a manufacturer's or distributor's wholesale transaction with a distributor or new text end 3.10 new text begin a retailer. new text end 3.11     new text begin Subd. 19. new text end new text begin Television. new text end new text begin "Television" means an electronic device that is a cathode-ray new text end 3.12 new text begin tube or flat panel display primarily intended to receive video programming via broadcast, new text end 3.13 new text begin cable, or satellite transmission or video from surveillance or other similar cameras. new text end 3.14     new text begin Subd. 20. new text end new text begin Video display device. new text end new text begin "Video display device" means a television or new text end 3.15 new text begin computer monitor, including a laptop computer, that contains a cathode-ray tube or a flat new text end 3.16 new text begin panel screen with a screen size that is greater than nine inches measured diagonally and new text end 3.17 new text begin that is marketed by manufacturers for use by households. Video display device does new text end 3.18 new text begin not include any of the following: new text end 3.19     new text begin (1) a video display device that is part of a motor vehicle or any component part of a new text end 3.20 new text begin motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including new text end 3.21 new text begin replacement parts for use in a motor vehicle; new text end 3.22     new text begin (2) a video display device, including a touch-screen display, that is functionally or new text end 3.23 new text begin physically part of a larger piece of equipment or is designed and intended for use in an new text end 3.24 new text begin industrial; commercial, including retail; library checkout; traffic control; kiosk; security, new text end 3.25 new text begin other than household security; border control; or medical setting, including diagnostic, new text end 3.26 new text begin monitoring, or control equipment; new text end 3.27     new text begin (3) a video display device that is contained within a clothes washer, clothes dryer, new text end 3.28 new text begin refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, new text end 3.29 new text begin dishwasher, room air conditioner, dehumidifier, or air purifier; or new text end 3.30     new text begin (4) a telephone of any type unless it contains a video display area greater than nine new text end 3.31 new text begin inches measured diagonally. new text end 3.32    Sec. 2. new text begin [115A.1312] REGISTRATION PROGRAM. new text end 3.33     new text begin Subdivision 1. new text end new text begin Requirements for sale. new text end new text begin (a) On or after September 1, 2007, a new text end 3.34 new text begin manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale a new text end 3.35 new text begin new video display device unless: new text end 4.1     new text begin (1) the video display device is labeled with the manufacturer's brand, which label is new text end 4.2 new text begin permanently affixed and readily visible; and new text end 4.3     new text begin (2) the manufacturer has filed a registration with the agency, as specified in new text end 4.4 new text begin subdivision 2. new text end 4.5     new text begin (b) On or after February 1, 2008, a retailer who sells or offers for sale a new video new text end 4.6 new text begin display device to a household must, before the initial offer for sale, review the agency new text end 4.7 new text begin Web site specified in subdivision 2, paragraph (g), to determine that all new video display new text end 4.8 new text begin devices that the retailer is offering for sale are labeled with the manufacturer's brands that new text end 4.9 new text begin are registered with the agency. new text end 4.10     new text begin (c) A retailer is not responsible for an unlawful sale under this subdivision if the new text end 4.11 new text begin manufacturer's registration expired or was revoked and the retailer took possession of the new text end 4.12 new text begin video display device prior to the expiration or revocation of the manufacturer's registration new text end 4.13 new text begin and the unlawful sale occurred within six months after the expiration or revocation. new text end 4.14     new text begin Subd. 2. new text end new text begin Manufacturer's registration. new text end new text begin (a) A manufacturer of video display devices new text end 4.15 new text begin sold or offered for sale to households after September 1, 2007, must submit a registration new text end 4.16 new text begin to the agency that includes: new text end 4.17     new text begin (1) a list of the manufacturer's brands of video display devices offered for sale in new text end 4.18 new text begin this state; new text end 4.19     new text begin (2) the name, address, and contact information of a person responsible for ensuring new text end 4.20 new text begin compliance with this chapter; and new text end 4.21     new text begin (3) a certification that the manufacturer has complied and will continue to comply new text end 4.22 new text begin with the requirements of sections 115A.1312 to 115A.1318. new text end 4.23     new text begin (b) By September 1, 2008, and each year thereafter, a manufacturer of video display new text end 4.24 new text begin devices sold or offered for sale to a household must include in the registration submitted new text end 4.25 new text begin under paragraph (a), a statement disclosing whether: new text end 4.26     new text begin (1) any video display devices sold to households exceed the maximum concentration new text end 4.27 new text begin values established for lead, mercury, cadmium, hexavalent chromium, polybrominated new text end 4.28 new text begin biphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs) under the RoHS new text end 4.29 new text begin (restricting the use of certain hazardous substances in electrical and electronic equipment) new text end 4.30 new text begin Directive 2002/95/EC of the European Parliament and Council and any amendments new text end 4.31 new text begin thereto; or new text end 4.32     new text begin (2) the manufacturer has received an exemption from one or more of those maximum new text end 4.33 new text begin concentration values under the RoHS Directive that has been approved and published by new text end 4.34 new text begin the European Commission. new text end 4.35     new text begin (c) A manufacturer who begins to sell or offer for sale video display devices to new text end 4.36 new text begin households after September 1, 2007, and has not filed a registration under this subdivision new text end 5.1 new text begin must submit a registration to the agency within ten days of beginning to sell or offer for new text end 5.2 new text begin sale video display devices to households. new text end 5.3     new text begin (d) A registration must be updated within ten days after a change in the new text end 5.4 new text begin manufacturer's brands of video display devices sold or offered for sale to households. new text end 5.5     new text begin (e) A registration is effective upon receipt by the agency and is valid until September new text end 5.6 new text begin 1 of each year. new text end 5.7     new text begin (f) The agency must review each registration and notify the manufacturer of any new text end 5.8 new text begin information required by this section that is omitted from the registration. Within 30 days new text end 5.9 new text begin of receipt of a notification from the agency, the manufacturer must submit a revised new text end 5.10 new text begin registration providing the information noted by the agency. new text end 5.11     new text begin (g) The agency must maintain on its Web site the names of manufacturers and the new text end 5.12 new text begin manufacturers' brands listed in registrations filed with the agency. The agency must new text end 5.13 new text begin update the Web site information promptly upon receipt of a new or updated registration. new text end 5.14 new text begin The Web site must contain prominent language stating, in effect, that sections 115A.1310 new text end 5.15 new text begin to 115A.1330 are directed at household equipment and the manufacturers' brands list is, new text end 5.16 new text begin therefore, not a list of manufacturers qualified to sell to industrial, commercial, or other new text end 5.17 new text begin markets identified as exempt from the requirements of sections 115A.1310 to 115A.1330. new text end 5.18     new text begin Subd. 3. new text end new text begin Collector's registration. new text end new text begin After August 1, 2007, no person may operate as new text end 5.19 new text begin a collector of covered electronic devices from households unless that person has submitted new text end 5.20 new text begin a registration with the agency on a form prescribed by the commissioner. Registration new text end 5.21 new text begin information must include the name, address, telephone number, and location of the new text end 5.22 new text begin business and a certification that the collector has complied and will continue to comply new text end 5.23 new text begin with the requirements of sections 115A.1312 to 115A.1318. A registration is effective new text end 5.24 new text begin upon receipt by the agency and is valid until July 1 of each year. new text end 5.25     new text begin Subd. 4. new text end new text begin Recycler's registration. new text end new text begin After August 1, 2007, no person may recycle new text end 5.26 new text begin video display devices generated by households unless that person has submitted a new text end 5.27 new text begin registration with the agency on a form prescribed by the commissioner. Registration new text end 5.28 new text begin information must include the name, address, telephone number, and location of all new text end 5.29 new text begin recycling facilities under the direct control of the recycler that may receive video new text end 5.30 new text begin display devices from households and a certification that the recycler has complied and new text end 5.31 new text begin will continue to comply with the requirements of sections 115A.1312 to 115A.1318. A new text end 5.32 new text begin registered recycler may conduct recycling activities that are consistent with this chapter. A new text end 5.33 new text begin registration is effective upon receipt by the agency and is valid until July 1 of each year. new text end 5.34    Sec. 3. new text begin [115A.1314] MANUFACTURER'S REGISTRATION FEE; CREATION new text end 5.35 new text begin OF ACCOUNT. new text end 6.1     new text begin Subdivision 1. new text end new text begin Registration fee. new text end new text begin (a) Each manufacturer who registers under section new text end 6.2 new text begin 115A.1312 must, by September 1, 2007, and each year thereafter, pay to the commissioner new text end 6.3 new text begin of revenue an annual registration fee. The commissioner of revenue must deposit the fee new text end 6.4 new text begin in the account established in subdivision 2. new text end 6.5     new text begin (b) The registration fee for the initial program year during which a manufacturer's new text end 6.6 new text begin video display devices are sold to households is $5,000. Each year thereafter, the new text end 6.7 new text begin registration fee is equal to a base fee of $2,500, plus a variable recycling fee calculated new text end 6.8 new text begin according to the formula: new text end 6.9     new text begin ((A x B) - (C + D)) x E, where: new text end 6.10     new text begin (1) A = the number of pounds of a manufacturer's video display devices sold to new text end 6.11 new text begin households during the previous program year, as reported to the department under section new text end 6.12 new text begin 115A.1316, subdivision 1; new text end 6.13     new text begin (2) B = the proportion of sales of video display devices required to be recycled, set at new text end 6.14 new text begin 0.6 for the first program year and 0.8 for the second program year and every year thereafter; new text end 6.15     new text begin (3) C = the number of pounds of covered electronic devices recycled by a new text end 6.16 new text begin manufacturer from households during the previous program year, as reported to the new text end 6.17 new text begin department under section 115A.1316, subdivision 1; new text end 6.18     new text begin (4) D = the number of recycling credits a manufacturer elects to use to calculate the new text end 6.19 new text begin variable recycling fee, as reported to the department under section 115A.1316, subdivision new text end 6.20 new text begin 1; and new text end 6.21     new text begin (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for new text end 6.22 new text begin manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound new text end 6.23 new text begin for manufacturers who recycle at least 50 percent but less than 90 percent of the product new text end 6.24 new text begin (A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less new text end 6.25 new text begin than 100 percent of the product (A x B). new text end 6.26     new text begin (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of new text end 6.27 new text begin pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer new text end 6.28 new text begin may retain recycling credits to be added, in whole or in part, to the actual value of C, as new text end 6.29 new text begin reported under section 115A.1316, subdivision 2, during any of the three succeeding new text end 6.30 new text begin program years. A manufacturer may sell any portion or all of its recycling credits to new text end 6.31 new text begin another manufacturer, at a price negotiated by the parties, who may use the credits in the new text end 6.32 new text begin same manner. new text end 6.33     new text begin (d) For the purpose of calculating a manufacturer's variable recycling fee under new text end 6.34 new text begin paragraph (b), the weight of covered electronic devices collected from households located new text end 6.35 new text begin outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is new text end 6.36 new text begin calculated at 1.5 times their actual weight. new text end 7.1     new text begin (e) The registration fee for the initial program year and the base registration fee new text end 7.2 new text begin thereafter for a manufacturer who produces fewer than 100 video display devices for sale new text end 7.3 new text begin annually to households is $1,250. new text end 7.4     new text begin Subd. 2. new text end new text begin Creation of account; appropriations. new text end new text begin (a) The electronic waste account new text end 7.5 new text begin is established in the environmental fund. The commissioner of revenue must deposit new text end 7.6 new text begin receipts from the fee established in subdivision 1 in the account. Any interest earned on new text end 7.7 new text begin the account must be credited to the account. Money from other sources may be credited to new text end 7.8 new text begin the account. Beginning in the second program year and continuing each program year new text end 7.9 new text begin thereafter, as of the last day of each program year, the commissioner shall determine the new text end 7.10 new text begin total amount of the variable fees that were collected. To the extent that the total fees new text end 7.11 new text begin collected by the commissioner in connection with this section exceeds the amount the new text end 7.12 new text begin commissioner determines necessary to operate the program for the new program year, the new text end 7.13 new text begin commissioner shall refund on a pro rata basis, to all manufacturers who paid any fees for new text end 7.14 new text begin the previous program year, the amount of fees collected by the commissioner in excess of new text end 7.15 new text begin the amount necessary to operate the program for the new program year. No individual new text end 7.16 new text begin refund is required of amounts of $100 or less for a fiscal year. Manufacturers who report new text end 7.17 new text begin collections less than 50 percent of their obligation for the previous program year are new text end 7.18 new text begin not eligible for a refund. new text end 7.19     new text begin (b) Until June 30, 2009, money in the account is annually appropriated to the new text end 7.20 new text begin Pollution Control Agency: new text end 7.21     new text begin (1) for the purpose of implementing sections 115A.1312 to 115A.1330, including new text end 7.22 new text begin transfer to the commissioner of revenue to carry out the department's duties under new text end 7.23 new text begin section 115A.1320, subdivision 2, and transfer to the commissioner of administration for new text end 7.24 new text begin responsibilities under section 115A.1324; and new text end 7.25     new text begin (2) to the commissioner of the Pollution Control Agency to be distributed on a new text end 7.26 new text begin competitive basis through contracts with counties outside the 11-county metropolitan new text end 7.27 new text begin area, as defined in paragraph (c), and with private entities that collect for recycling new text end 7.28 new text begin covered electronic devices in counties outside the 11-county metropolitan area, where the new text end 7.29 new text begin collection and recycling is consistent with the respective county's solid waste plan, for new text end 7.30 new text begin the purpose of carrying out the activities under sections 115A.1312 to 115A.1330. In new text end 7.31 new text begin awarding competitive grants under this clause, the commissioner must give preference to new text end 7.32 new text begin counties and private entities that are working cooperatively with manufacturers to help new text end 7.33 new text begin them meet their recycling obligations under section 115A.1318, subdivision 1. new text end 7.34     new text begin (c) The 11-county metropolitan area consists of the counties of Anoka, Carver, new text end 7.35 new text begin Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright. new text end 8.1    Sec. 4. new text begin [115A.1316] REPORTING REQUIREMENTS. new text end 8.2     new text begin Subdivision 1. new text end new text begin Manufacturer's reporting requirements. new text end new text begin (a) By September 1 of new text end 8.3 new text begin each year, beginning in 2008, each manufacturer must report to the department: new text end 8.4     new text begin (1) the total weight of each specific model of its video display devices sold to new text end 8.5 new text begin households during the previous program year; new text end 8.6     new text begin (2) the total weight of its video display devices sold to households during the new text end 8.7 new text begin previous year; or new text end 8.8     new text begin (3) an estimate of the total weight of its video display devices sold to households new text end 8.9 new text begin during the previous program year based on national sales data. new text end 8.10     new text begin A manufacturer must submit with the report required under this paragraph a new text end 8.11 new text begin description of how the information or estimate was calculated. new text end 8.12     new text begin (b) By September 1 of each year, beginning in 2008, each manufacturer must report new text end 8.13 new text begin to the department the total weight of covered electronic devices the manufacturer collected new text end 8.14 new text begin from households and recycled or arranged to have collected and recycled during the new text end 8.15 new text begin preceding program year. If a manufacturer wishes to receive the variable recycling rate of new text end 8.16 new text begin 1.5 for covered electronic devices it recycles, the manufacturer must report separately the new text end 8.17 new text begin total weight of covered electronic devices collected from households located in counties new text end 8.18 new text begin specified in section 115A.1314, subdivision 1, paragraph (d), and those collected from new text end 8.19 new text begin households located outside those counties. new text end 8.20     new text begin (c) By September 1 of each year, beginning in 2008, each manufacturer must report new text end 8.21 new text begin to the department: new text end 8.22     new text begin (1) the number of recycling credits the manufacturer has purchased and sold during new text end 8.23 new text begin the preceding program year; new text end 8.24     new text begin (2) the number of recycling credits possessed by the manufacturer that the new text end 8.25 new text begin manufacturer elects to use in the calculation of its variable recycling fee under section new text end 8.26 new text begin 115A.1314, subdivision 1; and new text end 8.27     new text begin (3) the number of recycling credits the manufacturer retains at the beginning of new text end 8.28 new text begin the current program year. new text end 8.29     new text begin Subd. 2. new text end new text begin Recycler's reporting requirements. new text end new text begin By August 1 of each year, beginning new text end 8.30 new text begin in 2008, a recycler of covered electronic devices must report to the agency and the new text end 8.31 new text begin department the total weight of covered electronic devices recycled during the preceding new text end 8.32 new text begin program year and must certify that the recycler has complied with section 115A.1318, new text end 8.33 new text begin subdivision 2. new text end 8.34     new text begin Subd. 3. new text end new text begin Collector's reporting requirements. new text end new text begin By August 1 of each year, beginning new text end 8.35 new text begin in 2008, a collector must report separately to the agency the total pounds of covered new text end 8.36 new text begin electronic devices collected in the counties specified in section 115A.1314, subdivision new text end 9.1 new text begin 1, paragraph (d), and all other Minnesota counties, and a list of all recyclers to whom new text end 9.2 new text begin collectors delivered covered electronic devices. new text end 9.3    Sec. 5. new text begin [115A.1318] RESPONSIBILITIES. new text end 9.4     new text begin Subdivision 1. new text end new text begin Manufacturer's responsibilities. new text end new text begin (a) In addition to fulfilling the new text end 9.5 new text begin requirements of sections 115A.1310 to 115A.1330, a manufacturer must comply with new text end 9.6 new text begin paragraphs (b) to (e). new text end 9.7     new text begin (b) A manufacturer must annually recycle or arrange for the collection and recycling new text end 9.8 new text begin of an amount of covered electronic devices equal to the total weight of its video display new text end 9.9 new text begin devices sold to households during the preceding program year, multiplied by the new text end 9.10 new text begin proportion of sales of video display devices required to be recycled, as established by the new text end 9.11 new text begin agency under section 115A.1320, subdivision 1, paragraph (c). new text end 9.12     new text begin (c) The obligations of a manufacturer apply only to video display devices received new text end 9.13 new text begin from households and do not apply to video display devices received from sources other new text end 9.14 new text begin than households. new text end 9.15     new text begin (d) A manufacturer must conduct and document due diligence assessments of new text end 9.16 new text begin collectors and recyclers it contracts with, including an assessment of items specified new text end 9.17 new text begin under subdivision 2. A manufacturer is responsible for maintaining, for a period of three new text end 9.18 new text begin years, documentation that all video display devices recycled, partially recycled, or sent to new text end 9.19 new text begin downstream recycling operations comply with the requirements of subdivision 2. new text end 9.20     new text begin (e) A manufacturer must provide the agency with contact information for a person new text end 9.21 new text begin who can be contacted regarding the manufacturer's activities under sections 115A.1310 new text end 9.22 new text begin to 115A.1320. new text end 9.23     new text begin Subd. 2. new text end new text begin Recycler's responsibilities. new text end new text begin (a) As part of the report submitted under new text end 9.24 new text begin section 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph new text end 9.25 new text begin (b), that facilities that recycle video display devices, including all downstream recycling new text end 9.26 new text begin operations: new text end 9.27     new text begin (1) comply with all applicable health, environmental, safety, and financial new text end 9.28 new text begin responsibility regulations; new text end 9.29     new text begin (2) are licensed by all applicable governmental authorities; new text end 9.30     new text begin (3) use no prison labor to recycle video display devices; and new text end 9.31     new text begin (4) possess liability insurance of not less than $1,000,000 for environmental releases, new text end 9.32 new text begin accidents, and other emergencies. new text end 9.33     new text begin (b) A nonprofit corporation that contracts with a correctional institution to refurbish new text end 9.34 new text begin and reuse donated computers in schools is exempt from paragraph (a), clauses (3) and (4). new text end 10.1     new text begin (c) Except to the extent otherwise required by law, a recycler has no responsibility new text end 10.2 new text begin for any data that may be contained in a covered electronic device if an information storage new text end 10.3 new text begin device is included in the covered electronic device. new text end 10.4     new text begin Subd. 3. new text end new text begin Retailer's responsibilities. new text end new text begin (a) By July 1 of each year, beginning in 2008, new text end 10.5 new text begin a retailer must report to a manufacturer the number of video display devices, by video new text end 10.6 new text begin display device model, labeled with the manufacturer's brand sold to households during the new text end 10.7 new text begin previous program year. new text end 10.8     new text begin (b) A retailer who sells new video display devices shall provide information to new text end 10.9 new text begin households describing where and how they may recycle video display devices and new text end 10.10 new text begin advising them of opportunities and locations for the convenient collection of video display new text end 10.11 new text begin devices for the purpose of recycling. This requirement may be met by providing to new text end 10.12 new text begin households the agency's toll-free number and Web site address. Retailers selling through new text end 10.13 new text begin catalogs or the Internet may meet this requirement by including the information in a new text end 10.14 new text begin prominent location on the retailer's Web site. new text end 10.15    Sec. 6. new text begin [115A.1320] AGENCY AND DEPARTMENT DUTIES. new text end 10.16     new text begin Subdivision 1. new text end new text begin Duties of the agency. new text end new text begin (a) The agency shall administer sections new text end 10.17 new text begin 115A.1310 to 115A.1330. new text end 10.18     new text begin (b) The agency shall establish procedures for: new text end 10.19     new text begin (1) receipt and maintenance of the registration statements and certifications filed new text end 10.20 new text begin with the agency under section 115A.1312; and new text end 10.21     new text begin (2) making the statements and certifications easily available to manufacturers, new text end 10.22 new text begin retailers, and members of the public. new text end 10.23     new text begin (c) The agency shall annually review the value of the following variables that are new text end 10.24 new text begin part of the formula used to calculate a manufacturer's annual registration fee under section new text end 10.25 new text begin 115A.1314, subdivision 1: new text end 10.26     new text begin (1) the proportion of sales of video display devices sold to households that new text end 10.27 new text begin manufacturers are required to recycle; new text end 10.28     new text begin (2) the estimated per-pound price of recycling covered electronic devices sold to new text end 10.29 new text begin households; new text end 10.30     new text begin (3) the base registration fee; and new text end 10.31     new text begin (4) the multiplier established for the weight of covered electronic devices collected new text end 10.32 new text begin in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that any of new text end 10.33 new text begin these values must be changed in order to improve the efficiency or effectiveness of the new text end 10.34 new text begin activities regulated under sections 115A.1312 to 115A.1330 or if the revenues in the new text end 10.35 new text begin account exceed the amount that the agency determines is necessary, the agency shall new text end 11.1 new text begin submit recommended changes and the reasons for them to the chairs of the senate and new text end 11.2 new text begin house of representatives committees with jurisdiction over solid waste policy. new text end 11.3     new text begin (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated new text end 11.4 new text begin sales of video display devices sold to households by each manufacturer during the new text end 11.5 new text begin preceding program year, based on national sales data, and forward the estimates to the new text end 11.6 new text begin department. new text end 11.7     new text begin (e) The agency shall manage the account established in section 115A.1314, new text end 11.8 new text begin subdivision 2. If the revenues in the account exceed the amount that the agency determines new text end 11.9 new text begin is necessary for efficient and effective administration of the program, including any new text end 11.10 new text begin amount for contingencies, the agency must recommend to the legislature that the base new text end 11.11 new text begin registration fee, the proportion of sales of video display devices required to be recycled, new text end 11.12 new text begin or the estimated per pound cost of recycling established under section 115A.1314, new text end 11.13 new text begin subdivision 1, paragraph (b), or any combination thereof, be lowered in order to reduce new text end 11.14 new text begin revenues collected in the subsequent program year by the estimated amount of the excess. new text end 11.15     new text begin (f) On or before December 1, 2010, and each year thereafter, the agency shall provide new text end 11.16 new text begin a report to the governor and the legislature on the implementation of sections 115A.1310 new text end 11.17 new text begin to 115A.1330. For each program year, the report must discuss the total weight of covered new text end 11.18 new text begin electronic devices recycled and a summary of information in the reports submitted by new text end 11.19 new text begin manufacturers and recyclers under section 115A.1316. The report must also discuss the new text end 11.20 new text begin various collection programs used by manufacturers to collect covered electronic devices; new text end 11.21 new text begin information regarding covered electronic devices that are being collected by persons other new text end 11.22 new text begin than registered manufacturers, collectors, and recyclers; and information about covered new text end 11.23 new text begin electronic devices, if any, being disposed of in landfills in this state. The report must new text end 11.24 new text begin include a description of enforcement actions under sections 115A.1310 to 115A.1330. new text end 11.25 new text begin The agency may include in its report other information received by the agency regarding new text end 11.26 new text begin the implementation of sections 115A.1312 to 115A.1330. new text end 11.27     new text begin (g) The agency shall promote public participation in the activities regulated under new text end 11.28 new text begin sections 115A.1312 to 115A.1330 through public education and outreach efforts. new text end 11.29     new text begin (h) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner new text end 11.30 new text begin provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those new text end 11.31 new text begin provisions enforced by the department, as provided in subdivision 2. The agency may new text end 11.32 new text begin revoke a registration of a collector or recycler found to have violated sections 115A.1310 new text end 11.33 new text begin to 115A.1330. new text end 11.34     new text begin (i) The agency shall facilitate communication between counties, collection and new text end 11.35 new text begin recycling centers, and manufacturers to ensure that manufacturers are aware of video new text end 11.36 new text begin display devices available for recycling. new text end 12.1     new text begin (j) The agency shall develop a form retailers must use to report information to new text end 12.2 new text begin manufacturers under section 115A.1318 and post it on the agency's Web site. new text end 12.3     new text begin (k) The agency shall post on its Web site the contact information provided by each new text end 12.4 new text begin manufacturer under section 115A.1318, paragraph (e). new text end 12.5     new text begin Subd. 2. new text end new text begin Duties of the department. new text end new text begin (a) The department must collect the data new text end 12.6 new text begin submitted to it annually by each manufacturer on the total weight of each specific model new text end 12.7 new text begin of video display device sold to households, if provided; the total weight of video display new text end 12.8 new text begin devices sold to households; the total weight of covered electronic devices collected new text end 12.9 new text begin from households that are recycled; and data on recycling credits, as required under new text end 12.10 new text begin section 115A.1316. The department must use this data to review each manufacturer's new text end 12.11 new text begin annual registration fee submitted to the department to ensure that the fee was calculated new text end 12.12 new text begin accurately according to the formula in section 115A.1314, subdivision 1. new text end 12.13     new text begin (b) The department must estimate, for each registered manufacturer, the sales of new text end 12.14 new text begin video display devices to households during the previous program year, based on: new text end 12.15     new text begin (1) data provided by a manufacturer on sales of video display devices to households, new text end 12.16 new text begin including documentation describing how that amount was calculated and certification that new text end 12.17 new text begin the amount is accurate; or new text end 12.18     new text begin (2) if a manufacturer does not provide the data specified in clause (1), national data new text end 12.19 new text begin on sales of video display devices. new text end 12.20 new text begin The department must use the data specified in this subdivision to review each new text end 12.21 new text begin manufacturer's annual registration fee submitted to the department to ensure that the fee new text end 12.22 new text begin was calculated accurately according to the formula in section 115A.1314, subdivision 1. new text end 12.23     new text begin (c) The department must enforce section 115A.1314, subdivision 1. The audit, new text end 12.24 new text begin assessment, appeal, collection, enforcement, disclosure, and other administrative new text end 12.25 new text begin provisions of chapters 270B, 270C, and 289A that apply to the taxes imposed under new text end 12.26 new text begin chapter 297A apply to the fee imposed under section 115A.1314, subdivision 1. To new text end 12.27 new text begin enforce this subdivision, the commissioner of revenue may grant extensions to pay, new text end 12.28 new text begin and impose and abate penalties and interest on, the fee due under section 115A.1314, new text end 12.29 new text begin subdivision 1, in the manner provided in chapters 270C and 289A as if the fee were a new text end 12.30 new text begin tax imposed under chapter 297A. new text end 12.31     new text begin (d) The department may disclose nonpublic data to the agency only when necessary new text end 12.32 new text begin for the efficient and effective administration of the activities regulated under sections new text end 12.33 new text begin 115A.1310 to 115A.1330. Any data disclosed by the department to the agency retains the new text end 12.34 new text begin classification it had when in the possession of the department. new text end 12.35    Sec. 7. new text begin [115A.1322] OTHER RECYCLING PROGRAMS. new text end 13.1     new text begin A city, county, or other public agency may not require households to use public new text end 13.2 new text begin facilities to recycle their covered electronic devices to the exclusion of other lawful new text end 13.3 new text begin programs available. Cities, counties, and other public agencies, including those awarded new text end 13.4 new text begin contracts by the agency under section 115A.1314, subdivision 2, are encouraged to work new text end 13.5 new text begin with manufacturers to assist them in meeting their recycling obligations under section new text end 13.6 new text begin 115A.1318, subdivision 1. Nothing in sections 115A.1310 to 115A.1330 prohibits or new text end 13.7 new text begin restricts the operation of any program recycling covered electronic devices in addition new text end 13.8 new text begin to those provided by manufacturers or prohibits or restricts any persons from receiving, new text end 13.9 new text begin collecting, transporting, or recycling covered electronic devices, provided that those new text end 13.10 new text begin persons are registered under section 115A.1312. new text end 13.11    Sec. 8. new text begin [115A.1323] ANTICOMPETITIVE CONDUCT. new text end 13.12     new text begin (a) A manufacturer that organizes collection or recycling under this section is new text end 13.13 new text begin authorized to engage in anticompetitive conduct to the extent necessary to plan and new text end 13.14 new text begin implement its chosen organized collection or recycling system and is immune from new text end 13.15 new text begin liability under state laws relating to antitrust, restraint of trade, unfair trade practices, new text end 13.16 new text begin and other regulation of trade or commerce. new text end 13.17     new text begin (b) An organization of manufacturers, an individual manufacturer, and its officers, new text end 13.18 new text begin members, employees, and agents who cooperate with a political subdivision that organizes new text end 13.19 new text begin collection or recycling under this section are authorized to engage in anticompetitive new text end 13.20 new text begin conduct to the extent necessary to plan and implement the organized collection new text end 13.21 new text begin or recycling system, provided that the political subdivision actively supervises the new text end 13.22 new text begin participation of each entity. An organization, entity, or person covered by this paragraph is new text end 13.23 new text begin immune from liability under state law relating to antitrust, restraint of trade, unfair trade new text end 13.24 new text begin practices, and other regulation of trade or commerce. new text end 13.25    Sec. 9. new text begin [115A.1324] REQUIREMENTS FOR PURCHASES BY STATE new text end 13.26 new text begin AGENCIES. new text end 13.27     new text begin (a) The Department of Administration must ensure that acquisitions of video display new text end 13.28 new text begin devices under chapter 16C are in compliance with or not subject to sections 115A.1310 new text end 13.29 new text begin to 115A.1318. new text end 13.30     new text begin (b) The solicitation documents must specify that the prospective responder is new text end 13.31 new text begin required to cooperate fully in providing reasonable access to its records and documents new text end 13.32 new text begin that evidence compliance with paragraph (a) and sections 115A.1310 to 115A.1318. new text end 14.1     new text begin (c) Any person awarded a contract under chapter 16C for purchase or lease of video new text end 14.2 new text begin display devices that is found to be in violation of paragraph (a) or sections 115A.1310 to new text end 14.3 new text begin 115A.1318 is subject to the following sanctions: new text end 14.4     new text begin (1) the contract must be voided if the commissioner of administration determines new text end 14.5 new text begin that the potential adverse impact to the state is exceeded by the benefit obtained from new text end 14.6 new text begin voiding the contract; new text end 14.7     new text begin (2) the contractor is subject to suspension and disbarment under Minnesota Rules, new text end 14.8 new text begin part 1230.1150; and new text end 14.9     new text begin (3) if the attorney general establishes that any money, property, or benefit was new text end 14.10 new text begin obtained by a contractor as a result of violating paragraph (a) or sections 115A.1310 to new text end 14.11 new text begin 115A.1318, the court may, in addition to any other remedy, order the disgorgement of the new text end 14.12 new text begin unlawfully obtained money, property, or benefit. new text end 14.13    Sec. 10. new text begin [115A.1326] REGULATION OF VIDEO DISPLAY DEVICES. new text end 14.14     new text begin If the United States Environmental Protection Agency adopts regulations under the new text end 14.15 new text begin Resource Conservation and Recovery Act regarding the handling, storage, or treatment new text end 14.16 new text begin of any type of video display device being recycled, those regulations are automatically new text end 14.17 new text begin effective in this state on the same date and supersede any rules previously adopted by the new text end 14.18 new text begin agency regarding the handling, storage, or treatment of all video display devices being new text end 14.19 new text begin recycled. new text end 14.20    Sec. 11. new text begin [115A.1328] MULTISTATE IMPLEMENTATION. new text end 14.21     new text begin The agency and department are authorized to participate in the establishment of a new text end 14.22 new text begin regional multistate organization or compact to assist in carrying out the requirements new text end 14.23 new text begin of this chapter. new text end 14.24    Sec. 12. new text begin [115A.1330] LIMITATIONS. new text end 14.25     new text begin Sections 115A.1310 to 115A.1330 expire if a federal law, or combination of federal new text end 14.26 new text begin laws, take effect that is applicable to all video display devices sold in the United States new text end 14.27 new text begin and establish a program for the collection and recycling or reuse of video display devices new text end 14.28 new text begin that is applicable to all video display devices discarded by households. new text end 14.29    Sec. 13. new text begin DIRECT APPROPRIATION. new text end 14.30     new text begin Prior to the governor making budget recommendations to the legislature in 2009, new text end 14.31 new text begin the Pollution Control Agency must report on revenues received and expenditures made new text end 14.32 new text begin under Minnesota Statutes, section 115A.1314, subdivision 2, during fiscal years 2008 and new text end 15.1 new text begin 2009 and request the governor to recommend a direct appropriation for the purposes new text end 15.2 new text begin of that section. new text end 15.3    Sec. 14. new text begin EFFECTIVE DATE. new text end 15.4     new text begin Sections 1 to 13 are effective the day following final enactment. new text end