SF 5174

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/21/2026 09:03 a.m.

A bill for an act
relating to environment; enacting the Safe Battery Collection and Recycling
Stewardship Act; establishing a covered electronics device manufacturer electronic
waste recycling program; establishing an Electronics Recycling Advisory Task
Force; creating civil penalties; authorizing rulemaking; appropriating money;
requiring reports; proposing coding for new law in Minnesota Statutes, chapter
115A; repealing Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, 20; 115A.1312;
115A.1314; 115A.1316; 115A.1318; 115A.1320; 115A.1322; 115A.1323;
115A.1324; 115A.1326; 115A.1328; 115A.1330; 115A.9157, subdivisions 1, 2,
3, 5, 6, 7, 8, 9; 325E.125, subdivisions 3, 4, 5.

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

ARTICLE 1

BATTERY STEWARDSHIP

Section 1.

new text begin [115A.9165] SHORT TITLE.
new text end

new text begin Sections 115A.9165 to 115A.9184 are the "Safe Battery Collection and Recycling
Stewardship Act."
new text end

Sec. 2.

new text begin [115A.9167] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 115A.9165 to 115A.9184, the terms in
this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Battery-containing product. new text end

new text begin "Battery-containing product" means a product
that contains or is packaged with one or more covered batteries. A battery-containing product
does not include a covered electronic device as defined in section 115A.1341.
new text end

new text begin Subd. 3. new text end

new text begin Battery stewardship organization. new text end

new text begin "Battery stewardship organization" means
all of the following, as applicable:
new text end

new text begin (1) a producer that directly implements a stewardship plan;
new text end

new text begin (2) an organization that implements a stewardship plan on behalf of five or more
producers; and
new text end

new text begin (3) an entity that has submitted a draft stewardship plan to the commissioner if, once
the plan is approved, the entity will be one of the entities described in clause (1) or (2).
new text end

new text begin Subd. 4. new text end

new text begin Covered battery. new text end

new text begin "Covered battery" means a portable battery or a
medium-format battery other than:
new text end

new text begin (1) a battery contained within a medical device, as specified in United States Code, title
21, section 321(h), as amended through the effective date of this section, that is not designed
and marketed for sale or resale principally to consumers for personal use;
new text end

new text begin (2) a battery that contains an electrolyte as a free liquid;
new text end

new text begin (3) a lead-acid battery weighing more than 11 pounds;
new text end

new text begin (4) a battery in a battery-containing product that is not intended or designed to be easily
removable from the battery-containing product;
new text end

new text begin (5) a battery that is being recalled for safety reasons; or
new text end

new text begin (6) a battery designed to power a motor vehicle, part of a motor vehicle, or a 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. For purposes of this clause, "motor
vehicle" means a self-propelled mechanical device that has a vehicle identification number
and is manufactured primarily for transporting people or property on public streets, roads,
and highways, excluding devices that run on stationary rails or tracks or that fly.
new text end

new text begin Subd. 5. new text end

new text begin Damaged and defective battery. new text end

new text begin "Damaged and defective battery" means a
battery that:
new text end

new text begin (1) has been damaged or identified by the manufacturer as being defective for safety
reasons;
new text end

new text begin (2) has the potential of producing a dangerous evolution of heat, fire, or short circuit, as
provided under Code of Federal Regulations, title 49, section 173.185(f), as amended through
January 1, 2023; or
new text end

new text begin (3) is designated as a damaged and defective battery by the commissioner by rule to
maintain consistency with federal standards.
new text end

new text begin Subd. 6. new text end

new text begin Easily removable. new text end

new text begin "Easily removable" means designed by the manufacturer
to be removable by the user of the product with no more than commonly used, commercially
available household tools.
new text end

new text begin Subd. 7. new text end

new text begin Environmentally sound manner. new text end

new text begin "Environmentally sound manner" means in
accordance with management practices undertaken in connection with sections 115A.9165
to 115A.9184 that:
new text end

new text begin (1) comply with all applicable laws and rules in place to protect workers, public health,
and the environment;
new text end

new text begin (2) provide for adequate record keeping, tracking, and documenting of the disposition
of materials within the state and beyond; and
new text end

new text begin (3) include comprehensive liability coverage for a battery stewardship organization,
including environmental liability coverage that is commercially practicable.
new text end

new text begin Subd. 8. new text end

new text begin Medium-format battery. new text end

new text begin "Medium-format battery" means the following
covered batteries:
new text end

new text begin (1) for rechargeable batteries, a battery weighing more than 11 pounds or having a rating
of more than 300 watt-hours, or both, but weighing no more than 25 pounds and having a
rating of no more than 2,000 watt-hours; and
new text end

new text begin (2) for primary batteries, a battery weighing more than 4.4 pounds but not more than 25
pounds.
new text end

new text begin Subd. 9. new text end

new text begin Portable battery. new text end

new text begin "Portable battery" means the following covered batteries:
new text end

new text begin (1) for rechargeable batteries, a battery weighing no more than 11 pounds and having a
rating of no more than 300 watt-hours; and
new text end

new text begin (2) for primary batteries, a battery weighing no more than 4.4 pounds.
new text end

new text begin Subd. 10. new text end

new text begin Primary battery. new text end

new text begin "Primary battery" means a battery that is not capable of
being recharged.
new text end

new text begin Subd. 11. new text end

new text begin Producer. new text end

new text begin "Producer" means the following person responsible for compliance
with sections 115A.9165 to 115A.9184 for a covered battery or battery-containing product
sold, offered for sale, or distributed in or into Minnesota:
new text end

new text begin (1) for covered batteries:
new text end

new text begin (i) if the battery is sold under the brand of the battery manufacturer, the producer is the
person that manufactures the battery;
new text end

new text begin (ii) if the battery is sold under a retail brand or under a brand owned by a person other
than the manufacturer, the producer is the brand owner;
new text end

new text begin (iii) if there is no person to which item (i) or (ii) apply, the producer is the person that
is the licensee of a brand or trademark under which the battery is used in a commercial
enterprise, sold, offered for sale, or distributed in or into Minnesota, whether or not the
trademark is registered in Minnesota;
new text end

new text begin (iv) if there is no person described in items (i) to (iii) within the United States, the
producer is the person who is the importer of record for the battery into the United States
for use in a commercial enterprise that sells, offers for sale, or distributes the battery in
Minnesota; and
new text end

new text begin (v) if there is no person described in items (i) to (iv) with a commercial presence within
Minnesota, the producer is the person who first sells, offers for sale, or distributes the battery
in or into Minnesota; and
new text end

new text begin (2) for covered battery-containing products:
new text end

new text begin (i) if the battery-containing product is sold under the brand of the product manufacturer,
the producer is the person that manufactures the product;
new text end

new text begin (ii) if the battery-containing product is sold under a retail brand or under a brand owned
by a person other than the manufacturer, the producer is the brand owner;
new text end

new text begin (iii) if there is no person to which item (i) or (ii) apply, the producer is the person that
is the licensee of a brand or trademark under which the product is used in a commercial
enterprise, sold, offered for sale, or distributed in or into Minnesota, whether or not the
trademark is registered in Minnesota;
new text end

new text begin (iv) if there is no person described in items (i) to (iii) within the United States, the
producer is the person who is the importer of record for the product into the United States
for use in a commercial enterprise that sells, offers for sale, or distributes the product in
Minnesota;
new text end

new text begin (v) if there is no person described in items (i) to (iv) with a commercial presence within
Minnesota, the producer is the person who first sells, offers for sale, or distributes the product
in or into Minnesota; and
new text end

new text begin (vi) producer does not include a person who only manufactures, sells, offers for sale,
distributes, or imports into Minnesota a battery-containing product if the only batteries used
by the battery-containing product are supplied by a producer that has joined a registered
battery stewardship organization as the producer for that covered battery under sections
115A.9165 to 115A.9184. Such a producer of covered batteries that are included in a
battery-containing product must provide written certification of that membership to both
the producer of the covered battery-containing product and a battery stewardship organization
of which the battery producer is a member.
new text end

new text begin Subd. 12. new text end

new text begin Rechargeable battery. new text end

new text begin "Rechargeable battery" means a battery that contains
one or more voltaic or galvanic cells, electrically connected to produce electric energy,
designed to be recharged.
new text end

new text begin Subd. 13. new text end

new text begin Recycling efficiency rate. new text end

new text begin "Recycling efficiency rate" means the ratio of the
weight of covered battery components and materials recycled to the weight of covered
batteries collected during a given period.
new text end

new text begin Subd. 14. new text end

new text begin Retailer. new text end

new text begin "Retailer" means a person who sells covered batteries or
battery-containing products in or into the state or offers or otherwise makes available covered
batteries or battery-containing products to a customer, including other businesses, in the
state.
new text end

new text begin Subd. 15. new text end

new text begin Stewardship plan. new text end

new text begin "Stewardship plan" means a plan submitted and approved
under section 115A.9169 for operating a stewardship program.
new text end

new text begin Subd. 16. new text end

new text begin Stewardship program. new text end

new text begin "Stewardship program" means a program for the
collection and responsible disposal of covered batteries implemented by a battery stewardship
organization under a stewardship plan.
new text end

Sec. 3.

new text begin [115A.9168] PRODUCERS REQUIRED TO PARTICIPATE IN
STEWARDSHIP PROGRAM.
new text end

new text begin Beginning January 1, 2028, a producer may not do any of the following in or into this
state unless the producer participates in a stewardship program:
new text end

new text begin (1) sell a covered battery or battery-containing product;
new text end

new text begin (2) offer to sell or make available for sale a covered battery or battery-containing product;
or
new text end

new text begin (3) distribute covered batteries or battery-containing products.
new text end

Sec. 4.

new text begin [115A.9169] STEWARDSHIP PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin Stewardship plan contents. new text end

new text begin A stewardship plan must:
new text end

new text begin (1) include a list of each producer, covered battery brand, and battery-containing product
brand participating in the stewardship program;
new text end

new text begin (2) include contact information for each producer participating in the stewardship
program;
new text end

new text begin (3) explain how the stewardship program will comply with sections 115A.9170 to
115A.9174 during each year the plan is in effect;
new text end

new text begin (4) identify proposed sorters, transporters, processors, and facilities to be used by the
program for the final disposition of batteries and how collected batteries will be managed
in an environmentally sound manner at facilities operating in compliance with human health
and environmental protection standards that are broadly equivalent to or better than those
required under federal law;
new text end

new text begin (5) describe the criteria to be used in the program to determine whether an entity may
serve as a collection site for discarded covered batteries under the program; and
new text end

new text begin (6) describe how the plan will work in conjunction with other stewardship plans to
achieve the purposes of sections 115A.9165 to 115A.9184.
new text end

new text begin Subd. 2. new text end

new text begin Plan approval; disapproval; revision. new text end

new text begin (a) When the commissioner receives
a draft stewardship plan from a battery stewardship organization, the commissioner must
review the plan for compliance with subdivision 1 and approve, disapprove, or conditionally
approve the plan within 120 days after receipt.
new text end

new text begin (b) If the commissioner disapproves a draft stewardship plan, the commissioner must
provide written notice to the battery stewardship organization within 30 days and must
explain the deficiencies of the draft stewardship plan. The battery stewardship organization
may submit a revised draft stewardship plan within 60 days after the date the written notice
was issued. The commissioner must approve, disapprove, or conditionally approve the
revised draft stewardship plan within 90 days after resubmission.
new text end

new text begin Subd. 3. new text end

new text begin Submission of new plans. new text end

new text begin (a) A battery stewardship organization must submit
a new draft stewardship plan:
new text end

new text begin (1) if there are significant changes to the methods of collection, transport, or end-of-life
management of covered batteries provided for under an existing stewardship plan. The
commissioner must identify the types and magnitude of changes that require a new plan to
be submitted under this clause. For purposes of this clause, adding or removing a processor
or transporter to the plan is not a significant change that requires submission of a new plan;
and
new text end

new text begin (2) no less than every five years.
new text end

new text begin (b) A stewardship plan remains in effect until a subsequent stewardship plan is approved
under this section.
new text end

new text begin Subd. 4. new text end

new text begin Plan amendments. new text end

new text begin A battery stewardship organization must submit an
amendment to a stewardship plan to the commissioner:
new text end

new text begin (1) when the battery stewardship organization proposes to substantially modify a
stewardship plan;
new text end

new text begin (2) when the commissioner notifies the battery stewardship organization that the approval
of a stewardship plan submitted by another stewardship organization requires changes to a
stewardship plan; and
new text end

new text begin (3) when the commissioner notifies the stewardship organization that other modifications
to the stewardship plan are necessary.
new text end

new text begin Subd. 5. new text end

new text begin Public comment. new text end

new text begin The commissioner must make draft stewardship plans and
applications for amendments available for public review and comment for at least 30 days.
new text end

Sec. 5.

new text begin [115A.9170] PERFORMANCE GOALS.
new text end

new text begin Subdivision 1. new text end

new text begin Performance goals required. new text end

new text begin Each stewardship plan must include annual
performance goals that will be used to measure the performance of the program, including:
new text end

new text begin (1) goals for the quantity of covered batteries collected, based on the estimated total
weight of covered batteries that were sold in the state in the previous three calendar years
by the producers participating in the battery stewardship program;
new text end

new text begin (2) goals for public awareness; and
new text end

new text begin (3) a target recycling efficiency rate of at least 60 percent for rechargeable batteries and
at least 70 percent for primary batteries.
new text end

new text begin Subd. 2. new text end

new text begin Effect of goal achievement. new text end

new text begin A battery stewardship organization may not reduce
or cease collection, education and outreach, or other activities under a stewardship plan if
the organization achieves one or more performance goals.
new text end

Sec. 6.

new text begin [115A.9171] STEWARDSHIP PROGRAM FUNDING.
new text end

new text begin Subdivision 1. new text end

new text begin Full funding. new text end

new text begin Each stewardship plan must ensure adequate funding is
available for full plan implementation and must:
new text end

new text begin (1) include a method to collect charges from producers participating in the stewardship
plan that are sufficient in the aggregate to cover the costs of plan implementation, including
covered battery collection, transportation, processing, education, administration, agency
reimbursement, recycling, and end-of-life management in an environmentally sound manner
in accordance with sections 115A.9165 to 115A.9184; and
new text end

new text begin (2) ensure that the costs of participating in the stewardship plan are shared, including
the costs for reimbursing local governments and solid waste or recyclables handling facilities
for demonstrable and reasonable costs incurred as a result of a local government facility or
solid waste or recyclables handling facility serving as a collection site for the program,
including but not limited to associated labor costs and other costs associated with accessibility
and collection site standards, such as storage.
new text end

new text begin Subd. 2. new text end

new text begin Point-of-sale or point-of-collection charges prohibited. new text end

new text begin Retailers, producers,
battery stewardship organizations, and collection sites must not charge a specific point-of-sale
fee to businesses and consumers to cover the administrative or operational costs of a battery
stewardship organization or the battery stewardship program.
new text end

Sec. 7.

new text begin [115A.9172] COLLECTION AND MANAGEMENT REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Statewide collection required. new text end

new text begin (a) A stewardship plan must provide
statewide collection opportunities for collecting all covered batteries, including all chemistries
and brands of covered batteries, on a free, continuous, convenient, visible, and accessible
basis to any person, business, government agency, or organization. For purposes of
determining the geographical adequacy of collection site coverage, the commissioner may
only consider permanent collection sites.
new text end

new text begin (b) If more than one stewardship plan is in effect at any given time, in lieu of requiring
each individual stewardship plan to provide statewide collection opportunities and collection
of all types of covered batteries, the commissioner may allow individual plans to provide
collection opportunities that are not statewide and for certain types of covered batteries but
not others, so long as the cumulative effect of all stewardship plans in effect at any given
time is to provide statewide collection opportunities for all covered batteries in accordance
with this section.
new text end

new text begin (c) If more than one stewardship plan is in effect at any given time, all battery stewardship
organizations must coordinate their activities with one another to ensure the efficient delivery
of services and to avoid unnecessary duplication of effort and expense.
new text end

new text begin Subd. 2. new text end

new text begin Portable battery collection site requirements. new text end

new text begin Within two years of approval
of an initial stewardship plan that provides for collecting portable batteries, the battery
stewardship organization must provide statewide collection opportunities to include:
new text end

new text begin (1) at least one permanent collection site, collection service, or collection event for every
30,000 residents of a county; and
new text end

new text begin (2) at least one permanent collection site, collection service, or collection event within
a 15-mile radius for at least 95 percent of all Minnesota residents.
new text end

new text begin Subd. 3. new text end

new text begin Medium-format battery collection site requirements. new text end

new text begin (a) Within two years
of approval of a battery stewardship organization plan that provides for collecting
medium-format batteries, the battery stewardship organization must provide statewide
collection opportunities that include the provision of:
new text end

new text begin (1) at least ten permanent collection sites in the state during the initial five-year plan
period;
new text end

new text begin (2) reasonable geographic dispersion of permanent collection sites throughout the state;
new text end

new text begin (3) after the initial five-year plan period, a permanent collection site in each county of
at least 200,000 persons, as determined by the most recent federal census; and
new text end

new text begin (4) service to areas without a permanent collection site. A battery stewardship
organization must ensure that there is a collection event at least once every three years in
each county of the state that does not have a permanent collection site. The collection events
must provide for collecting all medium-format batteries, including damaged and defective
batteries.
new text end

new text begin (b) Medium-format batteries may be collected only at household hazardous waste
collection sites or other staffed collection sites that meet applicable federal, state, and local
regulatory requirements to manage medium-format batteries.
new text end

new text begin Subd. 4. new text end

new text begin General collection site requirements. new text end

new text begin (a) For each collection site that
participates in a stewardship program, the battery stewardship organization must:
new text end

new text begin (1) provide suitable collection containers for covered batteries that will ensure that
covered batteries are segregated from other solid waste or make mutually agreeable
alternative arrangements for collecting batteries at the site;
new text end

new text begin (2) provide signage that informs customers regarding the end-of-life management options
for batteries provided by the collection site under sections 115A.9165 to 115A.9184; and
new text end

new text begin (3) provide safety training procedures related to covered battery and collection activities,
including appropriate protocols to reduce risks of spills or fires and response protocols in
the event of a spill or fire, and a protocol for safe management of damaged and defective
batteries that are brought to collection sites.
new text end

new text begin (b) Each collection site that participates in a stewardship program must:
new text end

new text begin (1) ensure that covered battery collection containers are kept within view of a responsible
person and are accompanied by the signage made available to the collection site by the
battery stewardship organization; and
new text end

new text begin (2) meet applicable federal, state, and local regulatory requirements while adhering to
the operations manual and other safety information provided to the collection site by the
battery stewardship organization.
new text end

new text begin Subd. 5. new text end

new text begin Collecting damaged and defective batteries. new text end

new text begin (a) At least once every three
years and more often where practicable, a battery stewardship organization must hold
collection events for damaged and defective batteries in each county that does not have a
permanent collection site for collecting damaged and defective batteries.
new text end

new text begin (b) Notwithstanding paragraph (a), damaged and defective batteries may be collected
only at collection sites staffed by persons trained to handle and ship damaged and defective
batteries.
new text end

new text begin (c) A battery stewardship organization may seek reimbursement from the producer of
any recalled battery for expenses incurred in collecting, transporting, or processing those
batteries.
new text end

new text begin Subd. 6. new text end

new text begin Use of existing services and facilities. new text end

new text begin In implementing this section, a battery
stewardship organization must:
new text end

new text begin (1) use existing public and private waste collection services and facilities, including
where cost-effective, mutually agreeable, and otherwise practicable, battery collection sites
that are established through other battery collection programs, services, transporters,
consolidators, processors, and retailers;
new text end

new text begin (2) use as a collection site for covered batteries any retailer, wholesaler, municipality,
solid waste management facility, household hazardous waste facility, or other entity that
meets the criteria for collection sites set forth in the stewardship plan up to the minimum
number of sites required for compliance with subdivisions 3 and 4, upon the submission of
a request by such entity to a battery stewardship organization to serve as a collection site.
Battery stewardship programs may use additional collection sites in excess of the minimum
required in subdivisions 3 and 4 as may be agreed between a battery stewardship organization
and the collection site; and
new text end

new text begin (3) use as a site for a collection event for covered batteries any retailer, wholesaler,
municipality, solid waste management facility, household hazardous waste facility, or other
entity that meets the criteria for collection events in the approved plan up to the minimum
number of sites required for compliance with subdivisions 3 and 4, upon the submission of
a request by such entity to a battery stewardship organization to serve as a site for a collection
event. Battery stewardship programs may use additional sites for collection events in excess
of the minimum required in subdivisions 3 and 4 as may be agreed between the battery
stewardship organizations and the collection sites.
new text end

new text begin Subd. 7. new text end

new text begin Suspending or terminating collection site or service. new text end

new text begin A battery stewardship
organization may issue a warning to, suspend, or terminate a collection site or service that
does not adhere to the collection site criteria in the approved plan or that poses an immediate
health and safety concern.
new text end

new text begin Subd. 8. new text end

new text begin Additional requirements. new text end

new text begin Battery stewardship programs:
new text end

new text begin (1) must provide for collecting loose covered batteries;
new text end

new text begin (2) are not required to provide for collecting battery-containing products;
new text end

new text begin (3) are not required to provide for collecting batteries that:
new text end

new text begin (i) are not easily removable from the product other than by the manufacturer; and
new text end

new text begin (ii) remain contained in a battery-containing product at the time of delivery to a collection
site;
new text end

new text begin (4) are not required to provide for collecting batteries still contained in a covered
electronic device as defined in section 115A.1341; and
new text end

new text begin (5) are not required to provide for collecting batteries or battery-containing products
being recalled for safety reasons. A battery stewardship organization may seek reimbursement
from the producer of a recalled battery or battery-containing product for the costs incurred
in collecting, transporting, and processing such batteries and products.
new text end

Sec. 8.

new text begin [115A.9173] EDUCATION AND OUTREACH REQUIREMENTS.
new text end

new text begin Each stewardship plan must require the battery stewardship organization to:
new text end

new text begin (1) develop and maintain a website about the stewardship program;
new text end

new text begin (2) place advertisements for the stewardship program on social media or other relevant
media platforms;
new text end

new text begin (3) develop promotional materials about the program for use by retailers, government
agencies, waste and recycling collectors, and other persons;
new text end

new text begin (4) provide battery-user-focused educational promotional materials to each collection
site used by the program and to customers of retailers that sell covered batteries or
battery-containing products;
new text end

new text begin (5) provide safety information and training materials related to covered battery collection
activities to the operator of each collection site, including appropriate protocols to reduce
risks of spills or fires, response protocols in the event of a spill or fire, and response protocols
in the event of detection of a damaged or defective battery; and
new text end

new text begin (6) provide educational materials to each collection site for managing recalled batteries,
which are not intended to be part of collection as provided under section 115A.9172,
subdivision 8, to help facilitate transportation and processing of recalled batteries.
new text end

Sec. 9.

new text begin [115A.9174] REPORTING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Annual report required. new text end

new text begin By June 1, 2028, and each June 1 thereafter,
a battery stewardship organization must submit a report to the commissioner that covers
the preceding calendar year of stewardship program implementation. The report must
include:
new text end

new text begin (1) a summary financial statement documenting the financing of the stewardship program
and an analysis of program costs and expenditures, including an analysis of the program's
expenses. The summary financial statement must be sufficiently detailed to provide
transparency that money collected from producers as a result of producers' activities in
Minnesota is spent on program implementation in Minnesota. A report submitted by a
battery stewardship organization that implements similar battery stewardship programs in
multiple states must separately provide financial information for Minnesota;
new text end

new text begin (2) the weight, by chemistry, of covered batteries collected under the stewardship
program. The weight of batteries must only be counted once and may not be counted by
more than one battery stewardship organization;
new text end

new text begin (3) a calculation of the recycling efficiency rates;
new text end

new text begin (4) for each facility used for the final disposition of batteries, a description of how the
facility recycled or otherwise disposed of batteries and battery components;
new text end

new text begin (5) the weight and chemistry of batteries sent to each facility used for the final disposition
of batteries. The information may be estimated for program operations in Minnesota based
on extrapolations of national or regional data for programs operating in multiple states;
new text end

new text begin (6) the collection rate achieved under the program, including a description of how the
collection rate was calculated. For purposes of this clause, "collection rate" means the
percentage, by weight, of covered batteries that a battery stewardship organization collects
that is calculated by dividing the total weight of primary and rechargeable batteries collected
during the previous calendar year by the average annual weight of primary and rechargeable
batteries that were estimated to have been sold in the state by all producers participating in
that approved battery stewardship plan during the previous three calendar years;
new text end

new text begin (7) the estimated aggregate sales, by weight and chemistry, of batteries and batteries
contained in or with battery-containing products sold in Minnesota by participating producers
for each of the previous three calendar years;
new text end

new text begin (8) a description of the manner in which the collected batteries were managed and
recycled, including a discussion of best available technologies and the recycling efficiency
rate;
new text end

new text begin (9) a description of education and outreach efforts supporting plan implementation,
including but not limited to a summary of education and outreach provided to battery users,
collection sites, manufacturers, distributors, and retailers by the program operator for
promoting the collection and recycling of covered batteries; a description of how the
education and outreach met the requirements of section 115A.9173; samples of education
and outreach materials; a summary of coordinated education and outreach efforts with any
other battery stewardship organizations implementing a plan approved by the commissioner;
and a summary of any changes made during the previous calendar year to education and
outreach activities;
new text end

new text begin (10) a list of all collection sites, an address for each listed site, and an up-to-date map
showing the location of all collection sites used to implement the program, with links to
appropriate websites when there are existing websites associated with a collection site;
new text end

new text begin (11) a description of methods used to collect, transport, and recycle covered batteries
by a battery stewardship organization;
new text end

new text begin (12) a summary of progress made toward the program performance goals established
under section 115A.9170 and an explanation of why performance goals were not met, if
applicable; and
new text end

new text begin (13) if a battery stewardship organization has disposed of covered batteries through
energy recovery, incineration, or landfilling during the period covered by the report, a
description of the steps that the battery stewardship organization will take to make recycling
covered batteries cost-effective, where possible, or to otherwise increase battery recycling
rates achieved by the battery stewardship organization.
new text end

new text begin Subd. 2. new text end

new text begin Information about processing facilities. new text end

new text begin For any facility used to process or
dispose of covered batteries that is included in a report required by subdivision 1, the report
must include:
new text end

new text begin (1) whether the facility is located domestically, in a country that is a member of the
Organisation for Economic Co-operation and Development, or in a country that meets the
operating standards of the Organisation for Economic Co-operation and Development; and
new text end

new text begin (2) what facilities processed the batteries and, for domestic facilities, a summary of any
violations of environmental laws and regulations during the previous three years at each
facility.
new text end

new text begin Subd. 3. new text end

new text begin Trade secrets. new text end

new text begin Trade secrets, as defined under section 13.37, submitted to the
commissioner under this section are private or nonpublic data under section 13.37.
new text end

new text begin Subd. 4. new text end

new text begin Independent assessment. new text end

new text begin After five years of implementing an approved battery
stewardship plan, a covered battery producer or battery stewardship organization must hire
an independent third party to conduct a onetime assessment of the battery stewardship plan
and plan operation. The independent assessor must examine the effectiveness of the battery
stewardship plan in collecting and recycling covered batteries. The independent assessor
must examine the cost effectiveness of the plan and compare it to that of collection plans
or programs for covered batteries in other jurisdictions. The independent assessor must
submit the assessment to the commissioner and to the chairs and ranking minority members
of the senate and house of representatives committees with primary jurisdiction over
environment policy and finance.
new text end

Sec. 10.

new text begin [115A.9175] FEES AND ADDITIONAL AGENCY RESPONSIBILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Plan and amendment review; fees. new text end

new text begin A battery stewardship organization
submitting a draft battery stewardship plan, a revision to a draft battery stewardship plan,
or a stewardship plan amendment must pay, as applicable, a onetime:
new text end

new text begin (1) draft stewardship plan review fee of $.......;
new text end

new text begin (2) revision to a draft stewardship plan review fee of $.......; or
new text end

new text begin (3) amendment application review fee of $........
new text end

new text begin Subd. 2. new text end

new text begin Annual agency costs; fee. new text end

new text begin (a) In addition to the fees required under subdivision
1, a battery stewardship organization must annually pay the commissioner a fee under this
subdivision that, when aggregated with all other fees paid to the commissioner under this
section, are adequate to cover the agency's costs in administering sections 115A.9165 to
115A.9184.
new text end

new text begin (b) By June 1 each year, the commissioner must calculate the fee that will be charged
to each battery stewardship organization under this subdivision. The fee must be set so that
it fully recovers the agency's costs but does not exceed that amount.
new text end

new text begin Subd. 3. new text end

new text begin Appropriation of fee proceeds. new text end

new text begin The commissioner must deposit all fees
received under this section in the state treasury and credit the amount to a battery stewardship
account in the special revenue fund. The amount collected under this section is annually
appropriated to the commissioner to implement and enforce sections 115A.9165 to
115A.9184.
new text end

new text begin Subd. 4. new text end

new text begin Agency website. new text end

new text begin The commissioner must maintain a website that:
new text end

new text begin (1) lists producers and their brands that are participating in a stewardship plan;
new text end

new text begin (2) makes available to the public each draft stewardship plan, stewardship plan
amendment, and annual report received by the commissioner under sections 115A.9165 to
115A.9184; and
new text end

new text begin (3) lists all battery stewardship organizations and fee-based collection and mail-back
programs under section 115A.9182.
new text end

new text begin Subd. 5. new text end

new text begin Technical assistance. new text end

new text begin The commissioner must provide technical assistance to
producers and retailers in implementing sections 115A.9165 to 115A.9184.
new text end

Sec. 11.

new text begin [115A.9176] PENALTIES AND CIVIL ACTION PROVISIONS.
new text end

new text begin (a) Any person who violates sections 115A.9165 to 115A.9184 is liable for a civil penalty
of $2,500 per violation, except that the penalty for failure to pay a fee under sections
115A.9165 to 115A.9184 is a civil penalty that is double the applicable fee. The civil penalty
authority provided under this section is in addition to the authority conferred by section
115.071.
new text end

new text begin (b) No penalty may be assessed on an individual or resident for the improper disposal
of covered batteries as described in section 115A.9179 in a noncommercial or residential
setting.
new text end

Sec. 12.

new text begin [115A.9177] MARKING REQUIREMENTS FOR BATTERIES.
new text end

new text begin Subdivision 1. new text end

new text begin Marking. new text end

new text begin Except as provided in subdivision 2, beginning January 1,
2028, a producer or retailer may sell, distribute, or offer for sale in or into Minnesota a
covered battery or battery-containing product that contains a battery that is designed or
intended to be easily removable from the product only if the battery is marked with:
new text end

new text begin (1) an identification of the producer of the battery;
new text end

new text begin (2) an identification of the chemistry of the battery; and
new text end

new text begin (3) an indication that the battery should not be disposed of as household waste.
new text end

new text begin Subd. 2. new text end

new text begin Exception. new text end

new text begin Subdivision 1, clauses (1) and (2), do not apply to a battery that
can fit entirely, in any orientation, into the small parts cylinder described in Code of Federal
Regulations, title 16, section 1501.4. In that case, the marks required by subdivision 1,
clauses (1) and (2), must be placed on the packaging of the battery or battery-containing
product.
new text end

new text begin Subd. 3. new text end

new text begin Modification. new text end

new text begin The commissioner may amend, by rule, the requirements of
subdivision 1 to maintain consistency with the labeling requirements or voluntary standards
for batteries established in federal law.
new text end

Sec. 13.

new text begin [115A.9178] RETAILERS.
new text end

new text begin Subdivision 1. new text end

new text begin Retailer requirements. new text end

new text begin (a) Beginning July 1, 2028, a retailer may not
sell, offer or make available for sale, or distribute a covered battery or battery-containing
product unless:
new text end

new text begin (1) the producer of the covered battery or battery-containing product certifies to the
retailer that the producer participates in a battery stewardship organization whose plan has
been approved by the commissioner; and
new text end

new text begin (2) the batteries are marked according to section 115A.9177 or the producer certifies to
the retailer that the batteries are so marked.
new text end

new text begin (b) A retailer is not in violation of paragraph (a), clause (1), if the agency website
maintained under section 115A.9175, subdivision 4, lists, as of the date a product is made
available for retail sale, a producer or brand of a covered battery or battery-containing
product sold by the retailer as being a participant in an approved plan or the implementer
of an approved plan.
new text end

new text begin Subd. 2. new text end

new text begin Retailers not required to be collection sites. new text end

new text begin Retailers of covered batteries or
battery-containing products are not required to make retail locations available to serve as
collection sites for a stewardship program operated by a battery stewardship organization.
Retailers that serve as a collection site must participate in an approved stewardship plan
and comply with sections 115A.9165 to 115A.9184.
new text end

Sec. 14.

new text begin [115A.9179] BATTERY DISPOSAL AND COLLECTION.
new text end

new text begin (a) Effective January 1, 2028, all persons must handle unwanted covered batteries through
delivery to a collection site operated under sections 115A.9165 to 115A.9184 or, for covered
batteries generated by persons that are regulated generators of batteries covered under federal
or state hazardous or solid waste laws, management must be undertaken in a manner
consistent with those laws.
new text end

new text begin (b) Effective January 1, 2028, covered batteries may be collected, transported, and
processed only in a manner that meets the standards established for a battery stewardship
organization in a plan approved by the commissioner, unless the batteries are covered
batteries generated by persons that are regulated generators of batteries covered under federal
or state hazardous or solid waste laws, in which case management must be undertaken in a
manner consistent with those laws.
new text end

new text begin (c) Effective January 1, 2028, a person may not place covered batteries in waste containers
for disposal at incinerators, waste-to-energy facilities, or landfills.
new text end

new text begin (d) Effective January 1, 2028, a person may not place covered batteries in or on a
container for mixed recyclables unless there is a separate location or compartment made
available and designated for the covered battery that complies with local government
collection standards or guidelines.
new text end

new text begin (e) Effective January 1, 2028:
new text end

new text begin (1) an owner or operator of a solid waste facility may not be found in violation of this
section if the facility has posted in a conspicuous location a sign stating that covered batteries
must be managed through collection sites established by a battery stewardship organization
and are not accepted for disposal; and
new text end

new text begin (2) a solid waste collector may not be found in violation of this section for a covered
battery placed in a disposal container by the generator of the covered battery.
new text end

Sec. 15.

new text begin [115A.9180] PRIVATE RIGHT OF ACTION.
new text end

new text begin (a) A battery stewardship organization implementing an approved plan may bring a civil
action or actions to recover costs, damages, and fees as specified in this section from a
producer who sells or otherwise makes available in the state covered batteries or
battery-containing products not included in an approved plan in violation of sections
115A.9165 to 115A.9184. An action under this section may be brought against one or more
defendants. An action may be brought only against a defendant producer when the
stewardship program incurs costs in Minnesota, including reasonable incremental
administrative and program promotional costs, in excess of $1,000 to collect, transport, and
recycle or otherwise dispose of the covered batteries or battery-containing products of a
nonparticipating producer.
new text end

new text begin (b) A battery stewardship organization may bring a civil action against a producer of a
recalled battery to recover costs associated with handling a recalled battery.
new text end

new text begin (c) A battery stewardship organization implementing a stewardship plan may bring a
civil action against another battery stewardship organization that underperforms on its
battery collection obligations under sections 115A.9165 to 115A.9184 by failing to collect
and provide for the end-of-life management of batteries in an amount roughly equivalent
to costs imposed on the plaintiff battery stewardship organization by virtue of the failures
of the defendants, plus legal fees and expenses.
new text end

Sec. 16.

new text begin [115A.9181] ANTITRUST.
new text end

new text begin Producers and battery stewardship organizations acting on behalf of producers that
prepare, submit, and implement a battery stewardship program plan under sections 115A.9165
to 115A.9184 and who are thereby subject to regulation by the commissioner are granted
immunity from state laws relating to antitrust, restraint of trade, unfair trade practices, and
other regulation of trade and commerce for the limited purpose of planning, reporting, and
operating a battery stewardship program, including:
new text end

new text begin (1) creating, implementing, or managing a battery stewardship organization and any
battery stewardship plan regardless of whether the plan is submitted, denied, or approved;
new text end

new text begin (2) determining the cost and structure of a stewardship plan; and
new text end

new text begin (3) determining the types or quantities of batteries being recycled or otherwise managed
under sections 115A.9165 to 115A.9184.
new text end

Sec. 17.

new text begin [115A.9182] COLLECTION OF BATTERIES INDEPENDENT OF
BATTERY STEWARDSHIP PROGRAM.
new text end

new text begin (a) Nothing in sections 115A.9165 to 115A.9184 prevents or prohibits a person from
offering or performing a fee-based collection or mail-back program for covered portable
batteries or medium-format batteries independently of a battery stewardship program if:
new text end

new text begin (1) the person collects all types of covered batteries;
new text end

new text begin (2) the person notifies the commissioner, on an annual basis, of their intent to offer a
collection or mail-back program;
new text end

new text begin (3) the person's services are performed and the person's facilities are operated in
compliance with all applicable federal, state, and local laws and requirements;
new text end

new text begin (4) the person makes all batteries collected by the person from Minnesota customers
available to a battery stewardship organization implementing a plan approved under sections
115A.9165 to 115A.9184; and
new text end

new text begin (5) after consolidating portable or medium-format batteries at the person's facilities, the
costs for transporting the batteries to a battery stewardship organization's designated sorters
or processors are at the expense of the battery stewardship organization.
new text end

new text begin (b) A battery stewardship organization may refuse to accept batteries from a person
under paragraph (a) if the organization notifies the commissioner of the reason for the
refusal.
new text end

Sec. 18.

new text begin [115A.9183] PROHIBITION ON DISPOSAL.
new text end

new text begin No person may dispose of or burn a covered battery in a solid waste disposal facility.
A covered battery may be disposed of only by delivery to a collection site or collection
event operated under a battery stewardship plan under sections 115A.9165 to 115A.9184,
unless the battery is regulated as hazardous waste.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2028.
new text end

Sec. 19.

new text begin [115A.9184] SEVERABILITY.
new text end

new text begin If any provision of sections 115A.9165 to 115A.9184 or its application to any person
or circumstance is held invalid, the remainder of the act or the application of the provision
to other persons or circumstances is not affected.
new text end

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, and 9; and
325E.125, subdivisions 3, 4, and 5, new text end new text begin are repealed.
new text end

ARTICLE 2

E-WASTE

Section 1.

new text begin [115A.1341] DEFINITIONS.
new text end

new text begin (a) The terms used in sections 115A.1341 to 115A.1354 have the meanings given in this
section.
new text end

new text begin (b) "Brand" means a name, a symbol, words, or marks that identify a covered electronic
device, rather than any of its components, and attribute the device to the owner of the brand
as the manufacturer.
new text end

new text begin (c) "Collection" means the aggregation of covered electronic devices at the end of life
from covered entities and includes all the activities up to the time the covered electronic
devices are delivered to a recycler.
new text end

new text begin (d) "Collector" means an entity that collects covered electronic devices on behalf of a
manufacturer e-waste program.
new text end

new text begin (e) "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.
new text end

new text begin (f) "Computer monitor" means an electronic device of any type that is primarily intended
to display information from a central processing unit or the Internet.
new text end

new text begin (g) "Covered electronic device":
new text end

new text begin (1) means:
new text end

new text begin (i) computers, including tablet computers and laptop computers;
new text end

new text begin (ii) peripherals;
new text end

new text begin (iii) computer monitors;
new text end

new text begin (iv) printers;
new text end

new text begin (v) facsimile machines;
new text end

new text begin (vi) video players, including DVD players and video cassette recorders;
new text end

new text begin (vii) cameras and camcorders;
new text end

new text begin (viii) mobile phones;
new text end

new text begin (ix) streaming devices;
new text end

new text begin (x) Wi-Fi and networking devices;
new text end

new text begin (xi) smart home devices;
new text end

new text begin (xii) audio products, including speakers, stereo equipment, and sound bars;
new text end

new text begin (xiii) video game consoles;
new text end

new text begin (xiv) wearable technology, including smartwatches, fitness trackers, glasses, headsets,
and headphones; and
new text end

new text begin (xv) televisions that are marketed and sold to a household by means of retail, wholesale,
or electronic commerce; and
new text end

new text begin (2) does not include:
new text end

new text begin (i) an electronic device that is a 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;
new text end

new text begin (ii) an electronic device that is functionally or physically part of a larger piece of
equipment or that is taken out of service from an industrial; commercial, including retail;
library checkout; traffic control; kiosk; security, other than household security; governmental;
agricultural; or medical setting, including but not limited to diagnostic, monitoring, or
control equipment; or
new text end

new text begin (iii) an electronic device that is contained within a clothes washer, clothes dryer,
refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air
conditioner, dehumidifier, water pump, sump pump, or air purifier.
new text end

new text begin (h) "Covered entity" means a household or any person giving seven or fewer covered
electronic devices to a collector at any one time.
new text end

new text begin (i) "De minimis manufacturer" means a person that provides evidence to the commissioner
that the manufacturer sold fewer than 100 covered electronic devices in the state during the
previous program year.
new text end

new text begin (j) "Manufacturer" means a person, other than a de minimis manufacturer and irrespective
of selling technique used, including by means of remote sale:
new text end

new text begin (1) that manufactures covered electronic devices under a brand that the person owns or
is licensed to use;
new text end

new text begin (2) that sells covered electronic devices manufactured by others under a brand that the
seller owns;
new text end

new text begin (3) that manufactures covered electronic devices without affixing a brand;
new text end

new text begin (4) that manufactures covered electronic devices to which the person affixes a brand
that the person does not own; or
new text end

new text begin (5) on whose account covered electronic devices manufactured outside the United States
are imported into the United States. This clause does not apply if, at the time the covered
electronic devices are imported into the United States, another person is registered as the
manufacturer of the brand of the covered electronic devices.
new text end

new text begin (k) "Manufacturer clearinghouse" means a person that prepares and submits a
manufacturer e-waste program plan to the commissioner under section 115A.1344 and
oversees the manufacturer e-waste program on behalf of a group of two or more
manufacturers.
new text end

new text begin (l) "Manufacturer e-waste program" means a statewide program for collecting,
transporting, and recycling covered electronic devices implemented and financed by a
manufacturer e-waste program operator in accordance with section 115A.1344.
new text end

new text begin (m) "Manufacturer e-waste program operator" means an individual manufacturer, group
of manufacturers, or manufacturer clearinghouse responsible for implementing and financing
an approved manufacturer e-waste program.
new text end

new text begin (n) "Printer" means a device that is used to make reproductions or is multifunctional and
performs one or more operations such as scanning or faxing in addition to making
reproductions; that is designed to be placed on a desk or other work surface and may include
an optional floor stand; and that uses print technology, such as a laser, electrographic, ink
jet, dot matrix, or thermal or digital sublimination. Printer does not include a device used
to make a reproduction that:
new text end

new text begin (1) is floor-standing;
new text end

new text begin (2) is a point-of-sale receipt printer;
new text end

new text begin (3) is also a calculator;
new text end

new text begin (4) can also make labels; or
new text end

new text begin (5) is embedded in something other than a covered electronic device.
new text end

new text begin (o) "Peripheral" means a keyboard, mouse, or other device sold exclusively for external
use with a covered electronic device as a wireless or corded device that provides input into
or output from a covered electronic device and cords used with such a device.
new text end

new text begin (p) "Program year" means the period from July 1 through June 30.
new text end

new text begin (q) "Recycler" means a public or private person that accepts covered electronic devices
from households and collectors for recycling. Recycler does not include a manufacturer
who takes products for refurbishment or repair.
new text end

new text begin (r) "Recycling" means the process of collecting and preparing covered electronic devices
for use in manufacturing processes or for recovery of usable materials followed by delivery
of such materials for use. Recycling does not include reuse, repair, or any other process
through which covered electronic devices are returned to use for households in their original
form.
new text end

new text begin (s) "Retailer" means a person who first sells, through sales outlets, catalogs, or the
Internet, a covered electronic device to a household and not for resale in any form.
new text end

new text begin (t) "Sell" or "sale" means any transfer for consideration of title, including but not limited
to transactions conducted through sales outlets, catalogs, or the Internet, or any other similar
electronic means either inside or outside the state, by a person who conducts the transaction
and controls the delivery of a covered electronic device to a consumer in the state. Sell or
sale does not include a manufacturer's or distributor's wholesale transaction with a distributor
or a retailer. Sell or sale does not include products that are leased.
new text end

Sec. 2.

new text begin [115A.1342] MANUFACTURER AND RETAILER REQUIREMENTS FOR
SALE.
new text end

new text begin Subdivision 1. new text end

new text begin Manufacturer requirements. new text end

new text begin On or after July 1, 2027, a manufacturer
must not sell or offer for sale or deliver to retailers for subsequent sale a new covered
electronic device unless:
new text end

new text begin (1) the covered electronic device is labeled with the manufacturer's brand in a permanently
affixed and readily visible manner; and
new text end

new text begin (2) the manufacturer registers with, pays a registration fee, and participates in a
manufacturer e-waste program that complies with sections 115A.1341 to 115A.1354.
new text end

new text begin Subd. 2. new text end

new text begin Manufacturer responsibility. new text end

new text begin The failure of a manufacturer e-waste program
operated collectively as part of a group of manufacturers or manufacturer clearinghouse to
satisfy any of the responsibilities delegated to the program by a manufacturer for developing
and implementing a manufacturer e-waste program does not relieve the manufacturer of its
responsibility to satisfy the requirements of sections 115A.1341 to 115A.1354.
new text end

new text begin Subd. 3. new text end

new text begin Retailer requirements. new text end

new text begin (a) A retailer must not sell or offer for sale a covered
electronic device unless the covered electronic device is labeled according to this section
and is listed as registered on the agency website under section 115A.1348.
new text end

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

Sec. 3.

new text begin [115A.1343] MANUFACTURER REGISTRATION AND FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Registration required. new text end

new text begin (a) By February 1, 2027, and each February 1
thereafter, a manufacturer of covered electronic devices sold or offered for sale in this state
must register with the agency for the upcoming program year on a form provided by the
agency. The registration must include:
new text end

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

new text begin (2) the name, address, and contact information of the person responsible for ensuring
compliance with sections 115A.1341 to 115A.1354;
new text end

new text begin (3) the total weight of covered electronic devices sold in the state during the most recent
program year or an estimate of the total weight of covered electronic devices sold in the
state during the most recent program year, calculated by multiplying the weight of the
manufacturer's covered electronic devices sold nationally times the quotient of Minnesota's
population divided by the national population; and
new text end

new text begin (4) an indication of whether the manufacturer will meet the requirements of sections
115A.1341 to 115A.1354 individually, as part of a group of manufacturers, or collectively
as part of a manufacturer clearinghouse.
new text end

new text begin (b) If, during the program year, a covered electronic device is first sold or offered for
sale in this state by a manufacturer or the brand is not listed in the manufacturer's registration,
the manufacturer must register with the agency for the current program year in accordance
with paragraph (a) within 30 days after the date the covered electronic devices were first
sold and offered for sale in the state.
new text end

new text begin Subd. 2. new text end

new text begin Registration fee. new text end

new text begin (a) By July 1, 2027, and each July 1 thereafter, each
manufacturer that registers under subdivision 1 must pay a registration fee in a manner
prescribed by the commissioner. The commissioner must deposit all fees received under
this section in the state treasury and credit the amount to a covered electronic devices
stewardship account in the special revenue fund. The amount collected under this paragraph
is annually appropriated to the commissioner to implement and enforce sections 115A.1341
to 115A.1354.
new text end

new text begin (b) A manufacturer's registration fee must be based on the manufacturer's market share
applied to the total costs for the agency to administer the program for the prior program
year accounting for any justified increases.
new text end

new text begin (c) The commissioner must notify manufacturers of their respective registration fee
amount by April 1, 2027, and each April 1 thereafter.
new text end

Sec. 4.

new text begin [115A.1344] MANUFACTURER E-WASTE PROGRAM; PLAN; ANNUAL
REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Plan required. new text end

new text begin By February 1, 2027, and each February 1 thereafter,
each manufacturer, acting as or through a manufacturer e-waste program operator, must
submit a plan for implementing a manufacturer e-waste program for the next program year
to the commissioner in the form and manner prescribed by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Plan contents. new text end

new text begin (a) A plan submitted under this section must describe how the
manufacturer e-waste program operator will:
new text end

new text begin (1) provide for collecting, transporting, and recycling covered electronic devices from
covered entities free of charge, except that the plan may provide for charging a fee for
additional services such as at-home removal of covered electronic products;
new text end

new text begin (2) determine each participating manufacturer's market share for purposes of allocating
the costs of financing, managing, and operating the program to each manufacturer;
new text end

new text begin (3) develop environmentally sound best management practices that collectors in the
program will be required to adhere to when collecting, separating, storing, managing, and
transporting covered electronic devices;
new text end

new text begin (4) establish standards for recycling facilities, including, at a minimum, a requirement
that recyclers maintain a valid responsible recycling (R2) or e-stewards certification at each
recycling facility processing covered electronics devices under the program;
new text end

new text begin (5) regularly advertise and promote covered electronic device collection opportunities
statewide;
new text end

new text begin (6) make information about the program available to the public through a toll-free
telephone number and website;
new text end

new text begin (7) develop educational resources, after consultation with participating local government
collectors, to increase public awareness of opportunities for covered electronic device
collection;
new text end

new text begin (8) provide for fair financial compensation to participating local government collectors
that:
new text end

new text begin (i) is adequate to cover all of their costs, including for collecting, storing, managing,
and transporting covered electronic devices and for approved reasonable public education
activities to promote the collection and recycling of covered electronic devices; and
new text end

new text begin (ii) provides agreed-upon per-service compensation for all local government collectors
operating under the manufacturer e-waste program plan for the duration of the program
year;
new text end

new text begin (9) maintain information about each recycler that will be used by the manufacturer
e-waste program and associated R2 or e-stewards certifications;
new text end

new text begin (10) maintain information about all manufacturers and associated brands participating
in the manufacturer e-waste program;
new text end

new text begin (11) maintain contact information for manufacturers and the manufacturer clearinghouse,
if applicable; and
new text end

new text begin (12) provide convenient service throughout the state that ensures that:
new text end

new text begin (i) at a minimum, 90 percent of the residents of the state are within 15 miles of a collection
site;
new text end

new text begin (ii) there is at least one collection site in each county;
new text end

new text begin (iii) in each city with a population of at least 10,000 but less than 200,000, there is at
least one collection site, plus one additional collection site for every additional 20,000
residents of the city over 10,000; and
new text end

new text begin (iv) in each city with a population of 200,000 or greater, there are at least ten collection
sites, plus one additional collection site for every additional 50,000 residents of the city
over 200,000.
new text end

new text begin (b) In addition to the information required by paragraph (a), a stewardship plan submitted
under this section must include:
new text end

new text begin (1) the contact information for the manufacturer e-waste program operator;
new text end

new text begin (2) a list of all the manufacturers participating in the manufacturer e-waste program;
new text end

new text begin (3) a list of all brands of covered electronic devices manufactured, sold, or imported by
each participating manufacturer, including:
new text end

new text begin (i) brands being offered for sale in the state by each manufacturer; and
new text end

new text begin (ii) brands being offered for sale in the state by each manufacturer during the immediately
preceding program year;
new text end

new text begin (4) a list of each collection site participating in the manufacturer e-waste program,
including the location and hours of operation; and
new text end

new text begin (5) a list of all recyclers that will be used by the manufacturer e-waste program.
new text end

new text begin (c) For purposes of determining whether the number, location, and adequacy of collection
sites meets the requirements of this subdivision:
new text end

new text begin (1) a collection site must be staffed and open to the public at a frequency adequate to
meet the needs of the area being served;
new text end

new text begin (2) a collection site for a county may be the same as a collection site for a city in the
county;
new text end

new text begin (3) in lieu of a fixed, permanent site, a collection site may be a series of three collection
events held across the program year;
new text end

new text begin (4) the commissioner may waive the requirements of paragraph (a), clause (12), with
respect to a county or city if the proposed manufacturer e-waste program plan demonstrates
to the commissioner's satisfaction that alternative services or collection sites would provide
substantially equivalent collection convenience;
new text end

new text begin (5) a collection site must accept all covered electronic devices from covered entities on
a regular basis throughout the program year; and
new text end

new text begin (6) before removing a collection site from a manufacturer e-waste program, the
manufacturer e-waste program operator must provide notice to covered entities of the
removal by posting information about the removal on the program website 90 days before
removing the collection site from the program.
new text end

new text begin Subd. 3. new text end

new text begin Annual report. new text end

new text begin By October 1 each year, a manufacturer e-waste program
operator must submit an annual report to the commissioner on the operation of the program
during the previous program year in the form and manner prescribed by the commissioner.
The report submitted under this subdivision must include at least:
new text end

new text begin (1) a list of all collection sites and recycling facilities used by the manufacturer e-waste
program;
new text end

new text begin (2) the total weight of covered electronic devices collected from covered entities in the
state by the manufacturer e-waste program during the previous program year;
new text end

new text begin (3) the total weight of covered electronic devices collected at each collection site or, if
approved by the commissioner, each grouping of collection sites;
new text end

new text begin (4) details of any approved alternative methods of service in meeting the needs of the
applicable jurisdiction adequately, including the date of each alternative service event and
the total weight of covered electronic devices collected at each alternative service event;
new text end

new text begin (5) the total weight of covered electronic devices recycled at each recycling facility;
new text end

new text begin (6) a summary of public awareness activities and copies of public awareness materials
developed by the manufacturer e-waste program operator; and
new text end

new text begin (7) an attestation that all covered electronic devices collected under the manufacturer
e-waste program were collected and disposed of in compliance with all applicable laws,
rules, and regulations and in accordance with the environmentally sound best management
practices in subdivision 2, paragraph (a), clause (3).
new text end

new text begin Subd. 4. new text end

new text begin Record retention. new text end

new text begin A manufacturer e-waste program operator must retain all
records related to implementing and administering the manufacturer e-waste program for
not less than three years from the time the record was created and make the records available
for inspection and audit by the commissioner upon request.
new text end

Sec. 5.

new text begin [115A.1345] APPROVAL OF MANUFACTURER E-WASTE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Action on plan required. new text end

new text begin No later than 45 days after receiving a plan
under section 115A.1344, subdivision 1, the commissioner must approve, approve with
conditions, or reject the plan. The commissioner must approve the plan if the commissioner
determines that the plan satisfies the requirements of section 115A.1344. If the commissioner
rejects the plan, the commissioner must provide in writing the reason or reasons for the
rejection.
new text end

new text begin Subd. 2. new text end

new text begin Revised plan. new text end

new text begin A manufacturer, acting as or through a manufacturer e-waste
program operator, must submit a revised plan to the agency no later than 30 days after the
date of the previous plan's rejection. No later than 30 days after receiving a revised plan
under this subdivision, the commissioner must approve, approve with conditions, or reject
the revised plan. If the commissioner rejects a revised plan, the commissioner may require
further revision of the plan within a timeline determined by the commissioner or may direct
changes to the revised plan.
new text end

Sec. 6.

new text begin [115A.1346] ENFORCEMENT.
new text end

new text begin A manufacturer e-waste program operator must not directly enforce manufacturer
compliance with sections 115A.1341 to 115A.1354, including compliance with the allocation
methodology under a manufacturer e-waste program plan. A manufacturer e-waste program
operator must, upon prior notice to the manufacturer, refer any potential noncompliance to
the commissioner. A manufacturer e-waste program operator may develop and implement
policies and procedures that exclude from participation in the manufacturer e-waste program
any manufacturers found by the commissioner or a court of competent jurisdiction to have
failed to comply with sections 115A.1341 to 115A.1354.
new text end

Sec. 7.

new text begin [115A.1347] COLLECTION OF COVERED ELECTRONIC DEVICES
OUTSIDE A MANUFACTURER E-WASTE PROGRAM.
new text end

new text begin Nothing in sections 115A.1341 to 115A.1354 prohibits a person from establishing a
program to collect and recycle covered electronic devices independently of a manufacturer
e-waste program. Covered electronic devices collected and recycled outside a manufacturer
e-waste program are not the responsibility of a manufacturer e-waste program operator.
new text end

Sec. 8.

new text begin [115A.1348] ADDITIONAL AGENCY DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Posting information. new text end

new text begin The commissioner must maintain on the agency
website:
new text end

new text begin (1) a list of registered manufacturers and their brands;
new text end

new text begin (2) a list of brands for which no manufacturer has registered;
new text end

new text begin (3) a list that identifies which manufacturers are in compliance with section 115A.1343;
new text end

new text begin (4) manufacturer e-waste program plans submitted to the commissioner under sections
115A.1344 and 115A.1345; and
new text end

new text begin (5) reports submitted to the commissioner under section 115A.1344.
new text end

new text begin Subd. 2. new text end

new text begin Manufacturer market share calculation. new text end

new text begin (a) By April 1, 2027, and every
April 1 thereafter, the commissioner must determine each manufacturer's market share of
covered electronic devices by dividing the total weight in pounds of covered electronic
devices sold in this state under brands manufactured, sold, or imported by the manufacturer
during the previous program year by the total weight in pounds of covered electronic devices
sold in this state under all brands manufactured, sold, or imported by all registered
manufacturers during the previous program year.
new text end

new text begin (b) The commissioner may use national market data prorated for Minnesota, retail or
manufacturer data, consumer research, or any other data from the previous program year,
as determined by the commissioner, to make the determinations under paragraph (a). The
commissioner may require a manufacturer to submit sales or other data regarding the number
and weight of covered electronic devices sold in this state by the manufacturer. A
manufacturer must submit any data required by the commissioner under this paragraph in
the format requested by the commissioner.
new text end

new text begin (c) The commissioner must provide a determination of market share made under this
subdivision to the applicable manufacturer or, if a manufacturer e-waste program plan was
submitted by a manufacturer clearinghouse, to the manufacturer clearinghouse.
new text end

Sec. 9.

new text begin [115A.1349] ELECTRONICS RECYCLING ADVISORY TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin An Electronics Recycling Advisory Task Force is
established in the Pollution Control Agency.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the task force is to evaluate additional products for
compatibility with and incorporation into the manufacturer e-waste program and to make
recommendations to the legislature as follows:
new text end

new text begin (1) the list of products for consideration must come from task force members and must
be consumer electronic devices in their purpose and function;
new text end

new text begin (2) the task force must recommend whether a product should be included in the
manufacturer e-waste program based on the following criteria:
new text end

new text begin (i) products must be evaluated for compatibility with the covered electronic devices
collection and recycling system, and the task force must factor in the current way in which
covered electronic devices are collected, stored, transported, and recycled in the manufacturer
e-waste programs in the state; and
new text end

new text begin (ii) products must be evaluated against the following criteria for inclusion in the
manufacturer e-waste program: fire risk, difficulty of recycling, and toxicity to the
environment;
new text end

new text begin (3) the task force must engage with manufacturers and statewide or national trade
associations representing manufacturers of the products under consideration along with
recycling experts and local government collection programs; and
new text end

new text begin (4) the task force must recommend that the legislature do one of the following:
new text end

new text begin (i) amend the definition of covered electronic device in section 115A.1341 to include
the product so that it can be managed under sections 115A.1341 to 115A.1354;
new text end

new text begin (ii) not amend the definition of covered electronic device in section 115A.1341 to include
the product; or
new text end

new text begin (iii) establish a new collection and recycling program for managing the product.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin The task force consists of the following ten members, to be
appointed by the commissioner:
new text end

new text begin (1) two individuals who are representatives of local government recycling programs
participating in a manufacturer e-waste program;
new text end

new text begin (2) two individuals who are representatives of electronics recycling companies or who
are responsible for selecting electronics recycling companies under a manufacturer e-waste
program;
new text end

new text begin (3) two individuals who are representatives of manufacturers that are participating in a
manufacturer e-waste program;
new text end

new text begin (4) one individual who is a representative of a statewide trade association representing
retailers;
new text end

new text begin (5) one individual who is a representative of a statewide trade association representing
manufacturers;
new text end

new text begin (6) one individual who is a representative of a statewide trade association representing
waste disposal companies; and
new text end

new text begin (7) one individual who is a representative of a national trade association representing
manufacturers.
new text end

new text begin Subd. 4. new text end

new text begin Appointment. new text end

new text begin Members of the task force must be appointed as soon as
practicable after the effective date of this section, must serve for two-year terms beginning
January 1, 2028, and may be reappointed to subsequent terms. Vacancies must be filled by
the commissioner for the remainder of the current term. Members serve voluntarily and
without compensation.
new text end

new text begin Subd. 5. new text end

new text begin Chairperson; quorum. new text end

new text begin Members must elect from their number a chairperson
who serves in that capacity for the duration of the person's current appointed term. The
chairperson leads all meetings and works with the agency to prepare meeting materials,
align expert stakeholders, and prepare reports to the legislature as required under subdivision
8. A simple majority of the members of the task force constitutes a quorum for the transaction
of business, and all actions and recommendations of the task force must be approved by a
simple majority of its members.
new text end

new text begin Subd. 6. new text end

new text begin Administrative support. new text end

new text begin The commissioner must provide the task force with
administrative support as necessary.
new text end

new text begin Subd. 7. new text end

new text begin Meetings. new text end

new text begin The task force must meet as often as necessary and at least twice
per year beginning April 1, 2028. The first meeting of the task force is at the call of the
commissioner and subsequent meetings are at the call of the chairperson. Task force meetings
must have a virtual participation option available.
new text end

new text begin Subd. 8. new text end

new text begin Reporting. new text end

new text begin By January 1, 2029, and every two years thereafter, the task force
must submit a summary of its meetings and any recommendations to the chairs and ranking
minority members of the senate and house of representatives committees with primary
jurisdiction over environment.
new text end

Sec. 10.

new text begin [115A.1350] ANTICOMPETITIVE CONDUCT.
new text end

new text begin (a) A manufacturer that participates in a manufacturer e-waste program individually, as
a group of manufacturers, or collectively as part of a manufacturer clearinghouse to organize
collection or recycling under a plan approved under section 115A.1345 may engage in
anticompetitive conduct to the extent necessary to plan and implement its chosen organized
collection or recycling system and is immune from liability under state laws relating to
antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.
new text end

new text begin (b) A manufacturer e-waste program operator and its officers, members, employees, and
agents who cooperate with a political subdivision that organizes collection or recycling
under sections 115A.9165 to 115A.9184 may engage in anticompetitive conduct to the
extent necessary to plan and implement the organized collection or recycling system, provided
that the political subdivision actively supervises the participation of each entity. An
organization, entity, or person covered by this paragraph is immune from liability under
state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation
of trade or commerce.
new text end

Sec. 11.

new text begin [115A.1351] REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.
new text end

new text begin (a) The Department of Administration must ensure that acquisitions of covered electronic
devices under chapter 16C are in compliance with or not subject to sections 115A.1341 to
115A.1354.
new text end

new text begin (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 show
compliance with sections 115A.1341 to 115A.1354.
new text end

new text begin (c) Any person awarded a contract under chapter 16C for purchase or lease of covered
electronic devices that is found to be in violation of sections 115A.1341 to 115A.1354 is
subject to the following sanctions:
new text end

new text begin (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;
new text end

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

new text begin (3) if the attorney general establishes that any money, property, or benefit was obtained
by a contractor as a result of violating sections 115A.1341 to 115A.1354, the court may, in
addition to any other remedy, order the disgorgement of the unlawfully obtained money,
property, or benefit.
new text end

Sec. 12.

new text begin [115A.1352] MULTISTATE IMPLEMENTATIONS.
new text end

new text begin The commissioner may participate in the establishment of a regional multistate
organization or compact to assist in implementing sections 115A.1341 to 115A.1354.
new text end

Sec. 13.

new text begin [115A.1353] REGULATING COVERED ELECTRONIC DEVICES.
new text end

new text begin (a) If the Environmental Protection Agency adopts regulations under the Resource
Conservation and Recovery Act regarding the handling, storage, or treatment of any type
of covered electronic device being recycled, those regulations are effective in this state on
the same date and supersede any rules previously adopted by the commissioner regarding
the handling, storage, or treatment of all covered electronic devices being recycled.
new text end

new text begin (b) Sections 115A.1341 to 115A.1354 expire if a federal law, or combination of federal
laws, establishes a program for the collection and recycling or reuse of covered electronic
devices that is applicable to all covered electronic devices sold or discarded by covered
entities.
new text end

Sec. 14.

new text begin [115A.1354] DATA CLASSIFICATION.
new text end

new text begin Trade secret and sales information, as defined under section 13.37, submitted to the
commissioner under sections 115A.9165 to 115A.9184 are private or nonpublic data under
section 13.37.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, and 20; 115A.1312; 115A.1314; 115A.1316;
115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328;
115A.1330; and 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, and 9, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 26-07778

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 covered electronic devices from households and includes all the activities up to the time the covered electronic devices are delivered to a recycler.

Subd. 4.

Collector.

"Collector" means a public or private entity that receives covered 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.

Subd. 7.

Covered electronic device.

"Covered electronic device" means computers, including tablet computers and laptop computers, peripherals, facsimile machines, DVD players, video cassette recorders, 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.

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 video display device at a dwelling unit primarily for personal use.

Subd. 11.

Manufacturer.

"Manufacturer" means a person who:

(1) manufactures video display devices to be sold under its own brand as identified by its own brand label; or

(2) sells video display devices manufactured by others under its own brand as identified by its own brand label.

Subd. 12.

Peripheral.

"Peripheral" means a keyboard, printer, or any other device sold exclusively for external use with a computer that provides input or output into or from a computer.

Subd. 12a.

Phase I recycling credits.

"Phase I recycling credits" means the number of pounds of covered electronic devices recycled by a manufacturer from households during program years one through nine, less the product of the number of pounds of video display devices sold to households during the same program year, multiplied by the proportion of sales a manufacturer is required to recycle.

Subd. 12b.

Phase II recycling credits.

"Phase II recycling credits" means an amount calculated in a program year beginning July 1, 2019, and in each program year thereafter, according to the formula (1.5 x A) - (B - C), where:

A = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled during a program year from households located outside the 11-county metropolitan area, as defined in section 115A.1314, subdivision 2;

B = the manufacturer's recycling obligation calculated for the same program year in section 115A.1320, subdivision 1, paragraph (g); and

C = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled, up to but not exceeding B, during the same program year from households in the 11-county metropolitan area.

Subd. 12c.

Portable battery.

"Portable battery" means a rechargeable battery as defined in section 115A.9157.

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 covered 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 video display devices or covered electronic 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 video display devices or covered electronic devices are returned to use for households in their original form.

Subd. 17.

Retailer.

"Retailer" means a person who sells, rents, or leases, through sales outlets, catalogs, or the Internet, a video display 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 video display 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 that contains a cathode-ray tube or a flat panel screen 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.

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 video display device unless:

(1) the video display 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) A retailer must not sell, offer for sale, rent, or lease a video display device unless the video display device is labeled according to this subdivision and listed as registered on the agency website according to subdivision 2.

(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 video display 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 registration.

(a) By August 15 each year, a manufacturer of video display devices sold or offered for sale to households in the state must submit a registration to the agency that includes:

(1) a list of the manufacturer's brands of video display 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) A manufacturer of video display devices sold or offered for sale to a household must include in the registration submitted under paragraph (a), a statement disclosing whether:

(1) any video display 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 video display devices to households after August 15, 2016, 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 video display devices to households.

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

(e) A registration is effective upon receipt by the agency and is valid until August 15 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 website the names of manufacturers and the manufacturers' brands listed in registrations filed with the agency. The agency must update the website information promptly upon receipt of a new or updated registration. The website 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 registration.

No person may operate as a collector of covered electronic devices from households unless that person has submitted a registration with the agency by July 15 each year 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 and any regulations adopted by a local government unit for the jurisdiction in which the collector operates. A collector must indicate any end-of-life fees that will be charged at the collection point. A registration is effective upon receipt by the agency and is valid until July 15 each year.

Subd. 4.

Recycler registration.

No person may recycle video display devices generated by households unless that person has submitted a registration with the agency by July 15 each year 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 covered electronic 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 must conduct recycling activities that are consistent with this chapter. A registration is effective upon receipt by the agency and is valid until July 15 each year.

115A.1314 MANUFACTURER REGISTRATION FEE.

Subdivision 1.

Registration fee.

(a) Each manufacturer who registers under section 115A.1312 must, by August 15 each year, pay to the commissioner of revenue an annual registration fee, on a form and in a manner prescribed by the commissioner of revenue. The commissioner of revenue must deposit the fee in the state treasury and credit the fee to the environmental fund.

(b) The registration fee for manufacturers that sell 100 or more video display devices to households in the state during the previous calendar year is $2,500, plus a variable recycling fee. The registration fee for manufacturers that sell fewer than 100 video display devices in the state during the previous calendar year is a variable recycling fee. The variable recycling fee is calculated according to the formula:

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

A = the manufacturer's recycling obligation as determined under section 115A.1320;

B = the number of pounds of covered electronic devices that a manufacturer recycled or arranged to have collected and recycled from households during the immediately preceding program year, as reported under section 115A.1316, subdivision 1;

C = the number of phase I or phase II recycling credits a manufacturer elects to use to calculate the variable recycling fee; and

D = the estimated per-pound cost of recycling, initially set at $0.50 per pound for manufacturers who recycle less than 50 percent of the manufacturer's recycling obligation; $0.40 per pound for manufacturers who recycle at least 50 percent but less than 90 percent of the manufacturer's recycling obligation; $0.30 per pound for manufacturers who recycle at least 90 percent but less than 100 percent of the manufacturer's recycling obligation; and $0.00 per pound for manufacturers who recycle 100 percent or more of the manufacturer's recycling obligation.

(c) A manufacturer may petition the agency to waive the per-pound cost of recycling fee, element D in the formula in paragraph (b), required under this section. The agency shall direct the commissioner of revenue to waive the per-pound cost of recycling fee if the manufacturer demonstrates to the agency's satisfaction a good faith effort to meet its recycling obligation as determined under section 115A.1320. The petition must include:

(1) documentation that the manufacturer has met at least 75 percent of its recycling obligation as determined under section 115A.1320;

(2) a list of political subdivisions and public and private collectors with whom the manufacturer had a formal contract or agreement in effect during the previous program year to recycle or collect covered electronic devices;

(3) the total amounts of covered electronic devices collected from both within and outside of the 11-county metropolitan area, as defined in subdivision 2;

(4) a description of the manufacturer's best efforts to meet its recycling obligation as determined under section 115A.1320; and

(5) any other information requested by the agency.

(d) A manufacturer may retain phase I and phase II recycling credits to be added, in whole or in part, to the actual value of C, as reported under section 115A.1316, subdivision 2, during any succeeding program year, provided that no more than 25 percent of a manufacturer's recycling obligation A for any program year may be met with phase I and phase II recycling credits, separately or in combination, generated in a prior program year. A manufacturer may sell any portion or all of its phase I and phase II recycling credits to another manufacturer, at a price negotiated by the parties, who may use the credits in the same manner.

(e) For the purpose of determining B in calculating a manufacturer's variable recycling fee using the formula under paragraph (b), starting with the program year beginning July 1, 2019, and continuing each year thereafter, the weight of covered electronic devices that a manufacturer recycled or arranged to have collected and recycled from households located outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (b), is calculated at 1.5 times their actual weight.

Subd. 2.

Use of registration fees.

(a) Registration fees may be used by the commissioner for:

(1) implementing sections 115A.1312 to 115A.1330, including transfer to the commissioner of revenue to carry out the department's duties under section 115A.1320, subdivision 2, and transfer to the commissioner of administration for responsibilities under section 115A.1324; and

(2) grants to counties outside the 11-county metropolitan area, as defined in paragraph (b), and to private entities that collect for recycling covered electronic devices in counties outside the 11-county metropolitan area, where the collection and recycling is consistent with the respective county's solid waste plan, for the purpose of carrying out the activities under sections 115A.1312 to 115A.1330. In awarding competitive grants under this clause, the commissioner must give preference to counties and private entities that are working cooperatively with manufacturers to help them meet their recycling obligations under section 115A.1318, subdivision 1.

(b) The 11-county metropolitan area consists of the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

115A.1316 REPORTING REQUIREMENTS.

Subdivision 1.

Manufacturer reporting requirements.

(a) By March 1 each year, each manufacturer must report to the agency using the form prescribed:

(1) the total weight of each specific model of its video display devices sold to households during the previous calendar year; and

(2) either:

(i) the total weight of its video display devices sold to households during the previous calendar year; or

(ii) an estimate of the total weight of its video display devices sold to households during the previous calendar year, calculated by multiplying the weight of its video display devices sold nationally times the quotient of Minnesota's population divided by the national population. All manufacturers with sales of 99 or fewer video display devices to households in the state during the previous calendar year must report using the method under this item for calculating sales.

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

(b) By August 15 each year, each manufacturer must report to the agency:

(1) the total weight of covered electronic devices the manufacturer collected from households and recycled or arranged to have collected and recycled during the preceding program year;

(2) the number of phase I and phase II recycling credits the manufacturer has purchased and sold during the preceding program year;

(3) the number of phase I and phase II 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

(4) the number of phase I and phase II recycling credits the manufacturer retains at the beginning of the current program year.

(c) Upon request of the commissioner of revenue, the agency shall provide a copy of each report to the commissioner of revenue.

Subd. 2.

Recycler reporting requirements.

(a) By July 15 each year, a recycler of covered electronic devices must report to the agency:

(1) the total weight of covered electronic devices recycled during the preceding program year and must certify that the recycler has complied with section 115A.1318, subdivision 2;

(2) the weight of video display devices recycled as part of covered electronic devices recycled during the previous program year; and

(3) an estimate of the weight of portable batteries and any mercury-containing lamps that are associated with the covered electronic devices managed.

(b) Upon request of the commissioner of revenue, the agency shall provide a copy of each report to the commissioner of revenue.

Subd. 3.

Collector reporting requirements.

By July 15 each year, a collector must report separately to the agency using the form prescribed by the commissioner:

(1) the total pounds of covered electronic devices collected in the state;

(2) a list of all recyclers to whom collectors delivered covered electronic devices; and

(3) whether the collector had a contract with a recycler or manufacturer to provide pounds toward meeting a manufacturer's obligation.

115A.1318 RESPONSIBILITIES.

Subdivision 1.

Manufacturer responsibilities.

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

(b) A manufacturer must annually recycle or arrange for the collection and recycling of an amount of video display devices as determined by the agency in section 115A.1320, subdivision 1. A manufacturer must assume all financial responsibility associated with transporting and recycling covered electronic devices that are used to meet the manufacturer's recycling obligation determined under section 115A.1320 or that are counted as phase I or II recycling credits, including any necessary supplies. This excludes costs that are associated with receiving and aggregating covered electronic devices from households and all the activities up to the time that covered electronic devices are loaded for transport to a recycler or arranged for transportation to a recycler.

(c) The obligations of a manufacturer apply only to video display devices received from households and do not apply to video display 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 covered electronic 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.

(f) Only the covered electronic devices that are recycled by a registered recycler that is certified by an ANSI-ASQ National Accreditation Board-accredited third-party certification body to an environmentally sound management standard are eligible to meet the manufacturer's obligation.

Subd. 1a.

Collector responsibilities.

(a) Collection sites must be:

(1) staffed; and

(2) open to the public at a frequency adequate to meet the needs of the area being served.

(b) A collector may limit the number of covered electronic devices or covered electronic devices by product type accepted per customer per day or per delivery at a collection site or service.

(c) A collector must use only registered recyclers.

Subd. 2.

Recycler 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 covered electronic devices, including all downstream recycling operations:

(1) use only registered collectors;

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

(3) are licensed by all applicable governmental authorities;

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

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

(6) provide a report annually to each registered collector regarding the video display devices received from that entity; and

(7) do not charge collectors for transporting, recycling, or any necessary supplies related to transporting or recycling covered electronic devices that meet a manufacturer's recycling obligation as determined under section 115A.1320, unless otherwise mutually agreed upon.

(b) A nonprofit corporation that contracts with a correctional institution to refurbish and reuse donated computers in schools is exempt from paragraph (a), clauses (4) and (5).

(c) Except to the extent otherwise required by law and unless agreed upon otherwise by the recycler or manufacturer, 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 responsibilities.

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

115A.1320 AGENCY AND DEPARTMENT DUTIES.

Subdivision 1.

Duties of 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 following variables that are used to calculate a manufacturer's annual registration fee under section 115A.1314, subdivision 1:

(1) the obligation-setting mechanism for manufacturers as specified under paragraph (g);

(2) the estimated per-pound price of recycling covered electronic devices sold to households; and

(3) the base registration fee.

(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 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.

(e) By May 1 each year, the agency shall publish a statewide recycling goal for all video display device waste that is the weight of all video display devices collected for recycling during each of the three most recently completed program years, excluding the most recently concluded program year, divided by two.

(f) By May 1 each year, the agency shall determine each registered manufacturer's market share of video display devices to be collected and recycled based on the manufacturer's percentage share of the total weight of video display devices sold as reported to the agency under section 115A.1316, subdivision 1.

(g) By May 1 each year, the agency shall provide each manufacturer with a determination of the manufacturer's share of video display devices to be collected and recycled. A manufacturer's market share of video display devices as specified in paragraph (f) is applied proportionally to the statewide recycling goal as specified in paragraph (e) to determine an individual manufacturer's recycling obligation. Upon request by the commissioner of revenue, the agency must provide the information submitted to manufacturers under this paragraph to the commissioner of revenue.

(h) 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 covered 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 covered electronic devices; information regarding covered electronic devices that are being collected by persons other than registered manufacturers, collectors, and recyclers; and information about covered electronic devices, if any, being disposed of in landfills in this state. The report must examine which covered electronic devices, based on economic and environmental considerations, should be subject to the obligation-setting mechanism under paragraph (g). 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. The report must be done in conjunction with the report required under section 115A.121.

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

(j) 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.

(k) The agency shall facilitate communication between counties, collection and recycling centers, and manufacturers to ensure that manufacturers are aware of video display devices available for recycling.

(l) The agency shall post on its website the contact information provided by each manufacturer under section 115A.1318, subdivision 1, paragraph (e).

Subd. 2.

Additional duties.

(a) The agency must collect the data submitted to it annually by each manufacturer on the total weight of each specific model of video display device sold to households, if provided; the total weight of video display devices sold to households; the total weight of covered electronic devices collected from households that are recycled; and data on phase I and phase II 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.

(b) The agency must estimate, for each registered manufacturer, the sales of video display devices to households during the previous program year, based on:

(1) data provided by a manufacturer on sales of video display 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 video display 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 section 115A.1314, subdivision 1, 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.

115A.1322 OTHER RECYCLING PROGRAMS.

A city, county, or other public agency may not require households to use public facilities to recycle their covered 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.

115A.1323 ANTICOMPETITIVE CONDUCT.

(a) A manufacturer that organizes collection or recycling under sections 115A.1310 to 115A.1322 is authorized to engage in anticompetitive conduct to the extent necessary to plan and implement its chosen organized collection or recycling system and is immune from liability under state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.

(b) An organization of manufacturers, an individual manufacturer, and its officers, members, employees, and agents who cooperate with a political subdivision that organizes collection or recycling under this section are authorized to engage in anticompetitive conduct to the extent necessary to plan and implement the organized collection or recycling system, provided that the political subdivision actively supervises the participation of each entity. An organization, entity, or person covered by this paragraph is immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.

115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.

(a) The Department of Administration must ensure that acquisitions of video display 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.

115A.1326 REGULATING 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 video display 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 video display devices being recycled.

115A.1328 MULTISTATE IMPLEMENTATION.

The agency and department are authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.

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 video display devices sold in the United States and establish a program for the collection and recycling or reuse of video display devices that is applicable to all video display devices discarded by households.

115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS.

Subdivision 1.

Definition.

For the purpose of this section, "rechargeable battery" means a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, except a rechargeable battery governed by section 115A.9155 or exempted by the commissioner under subdivision 9.

Subdivision 1.

Definition.

For the purpose of this section, "rechargeable battery" means a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, except a rechargeable battery governed by section 115A.9155 or exempted by the commissioner under subdivision 9.

Subd. 2.

Prohibition.

Effective August 1, 1991, a person may not place in mixed municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack, from which all batteries or battery packs have not been removed.

Subd. 2.

Prohibition.

Effective August 1, 1991, a person may not place in mixed municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack, from which all batteries or battery packs have not been removed.

Subd. 3.

Collection and management costs.

A manufacturer of rechargeable batteries or products powered by rechargeable batteries is responsible for the costs of collecting and managing its waste rechargeable batteries and waste products to ensure that the batteries are not part of the solid waste stream.

Subd. 3.

Collection and management costs.

A manufacturer of rechargeable batteries or products powered by rechargeable batteries is responsible for the costs of collecting and managing its waste rechargeable batteries and waste products to ensure that the batteries are not part of the solid waste stream.

Subd. 5.

Collection and management programs.

(a) By September 20, 1995, the manufacturers or their representative organization shall implement permanent programs, based on the results of the pilot projects required in Minnesota Statutes 1994, section 115A.9157, subdivision 4, that may be reasonably expected to collect 90 percent of the waste rechargeable batteries and the participating manufacturers' products powered by rechargeable batteries that are generated in the state. The batteries and products collected must be recycled or otherwise managed or disposed of properly.

(b) In every odd-numbered year after 1995, each manufacturer or a representative organization shall provide information to the senate and house of representatives committees having jurisdiction over environment and natural resources and environment and natural resources finance that specifies at least the estimated amount of rechargeable batteries subject to this section sold in the state by each manufacturer and the amount of batteries each collected during the previous two years. A representative organization may report the amounts in aggregate for all the members of the organization.

Subd. 5.

Collection and management programs.

(a) By September 20, 1995, the manufacturers or their representative organization shall implement permanent programs, based on the results of the pilot projects required in Minnesota Statutes 1994, section 115A.9157, subdivision 4, that may be reasonably expected to collect 90 percent of the waste rechargeable batteries and the participating manufacturers' products powered by rechargeable batteries that are generated in the state. The batteries and products collected must be recycled or otherwise managed or disposed of properly.

(b) In every odd-numbered year after 1995, each manufacturer or a representative organization shall provide information to the senate and house of representatives committees having jurisdiction over environment and natural resources and environment and natural resources finance that specifies at least the estimated amount of rechargeable batteries subject to this section sold in the state by each manufacturer and the amount of batteries each collected during the previous two years. A representative organization may report the amounts in aggregate for all the members of the organization.

Subd. 6.

List of participants.

A manufacturer or its representative organization shall inform the committees listed in subdivision 5 when they begin participating in the projects and programs and immediately if they withdraw participation.

Subd. 6.

List of participants.

A manufacturer or its representative organization shall inform the committees listed in subdivision 5 when they begin participating in the projects and programs and immediately if they withdraw participation.

Subd. 7.

Contracts.

A manufacturer or a representative organization of manufacturers may contract with the state or a political subdivision to provide collection services under this section. The manufacturer or organization shall fully reimburse the state or political subdivision for the value of any contractual services rendered under this subdivision.

Subd. 7.

Contracts.

A manufacturer or a representative organization of manufacturers may contract with the state or a political subdivision to provide collection services under this section. The manufacturer or organization shall fully reimburse the state or political subdivision for the value of any contractual services rendered under this subdivision.

Subd. 8.

Anticompetitive conduct.

A manufacturer or organization of manufacturers and its officers, members, employees, and agents who participate in projects or programs to collect and properly manage waste rechargeable batteries or products powered by rechargeable batteries are immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce for activities related to the collection and management of batteries and products required under this section.

Subd. 8.

Anticompetitive conduct.

A manufacturer or organization of manufacturers and its officers, members, employees, and agents who participate in projects or programs to collect and properly manage waste rechargeable batteries or products powered by rechargeable batteries are immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce for activities related to the collection and management of batteries and products required under this section.

Subd. 9.

Exemptions.

To ensure that new types of batteries do not add additional hazardous or toxic materials to the mixed municipal solid waste stream, the commissioner of the agency may exempt a new type of rechargeable battery from the requirements of this section if it poses no unreasonable hazard when placed in and processed or disposed of as part of a mixed municipal solid waste.

Subd. 9.

Exemptions.

To ensure that new types of batteries do not add additional hazardous or toxic materials to the mixed municipal solid waste stream, the commissioner of the agency may exempt a new type of rechargeable battery from the requirements of this section if it poses no unreasonable hazard when placed in and processed or disposed of as part of a mixed municipal solid waste.

325E.125 GENERAL AND SPECIAL PURPOSE BATTERY REQUIREMENTS.

Subd. 3.

Rechargeable tools and appliances.

(a) A manufacturer may not sell, distribute, or offer for sale in this state a rechargeable consumer product unless:

(1) the battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed; and

(2) the product and the battery are both labeled in a manner that is clearly visible to the consumer indicating that the battery must be recycled or disposed of properly and the battery must be clearly identifiable as to the type of electrode used in the battery.

(b) "Rechargeable consumer product" as used in this subdivision means any product that contains a rechargeable battery and is primarily used or purchased to be used for personal, family, or household purposes.

(c) On application by a manufacturer, the commissioner of the Pollution Control Agency may exempt a rechargeable consumer product from the requirements of paragraph (a) if:

(1) the product cannot be reasonably redesigned and manufactured to comply with the requirements prior to the effective date of Laws 1990, chapter 409, section 2;

(2) the redesign of the product to comply with the requirements would result in significant danger to public health and safety; or

(3) the type of electrode used in the battery poses no unreasonable hazards when placed in and processed or disposed of as part of mixed municipal solid waste.

(d) An exemption granted by the commissioner of the Pollution Control Agency under paragraph (c), clause (1), must be limited to a maximum of two years and may be renewed.

Subd. 4.

Rechargeable batteries and products; notice.

(a) A person who sells rechargeable batteries or products powered by rechargeable batteries governed by section 115A.9157 at retail shall post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing decisions.

(b) The notice must be at least four inches by six inches and state:

"ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS PRODUCTS:

Under Minnesota law, manufacturers of rechargeable batteries, rechargeable battery packs, and products powered by nonremovable rechargeable batteries will provide a special collection system for these items by April 15, 1994. It is illegal to put rechargeable batteries in the garbage. Use the special collection system that will be provided in your area. Take care of our environment.

DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE."

(c) Notice is not required for home solicitation sales, as defined in section 325G.06, or for catalogue sales.

Subd. 5.

Prohibitions.

A manufacturer of rechargeable batteries or products powered by rechargeable batteries that does not participate in the pilot projects and programs required in section 115A.9157 may not sell, distribute, or offer for sale in this state rechargeable batteries or products powered by rechargeable batteries after January 1, 1992.

After January 1, 1992, a person who first purchases rechargeable batteries or products powered by rechargeable batteries for importation into the state for resale may not purchase rechargeable batteries or products powered by rechargeable batteries made by any person other than a manufacturer that participates in the projects and programs required under section 115A.9157.