HF 1404

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to the environment; providing for cathode-ray
tube recycling; authorizing rulemaking; providing
penalties; proposing coding for new law in Minnesota
Statutes, chapter 116H.

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

Section 1.

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

new text begin Subdivision 1. new text end

new text begin Scope. new text end

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

new text begin Subd. 2. new text end

new text begin Covered crt device. new text end

new text begin "Covered CRT Device" means
all CRT devices except those CRT devices that have been excluded
from being subject to this chapter pursuant to section 116H.60,
paragraph (c).
new text end

new text begin Subd. 3. new text end

new text begin Crt device. new text end

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

new text begin Subd. 4. new text end

new text begin Household. new text end

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

new text begin Subd. 5. new text end

new text begin Household hazardous waste collection
program. new text end

new text begin "Household hazardous waste collection program" means
the program, as specified in section 116H.65, paragraph (d), for
collecting covered CRT devices from household hazardous waste
collection facilities in the state.
new text end

new text begin Subd. 6. new text end

new text begin Manufacturer. new text end

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

new text begin Subd. 7. new text end

new text begin Office. new text end

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

new text begin Subd. 8. new text end

new text begin Pro rata share. new text end

new text begin "Pro rata share" means the
percentage of all covered CRT devices from a manufacturer
delivered to household hazardous waste collection facilities.
Pro rata shares are calculated by return weight.
new text end

new text begin Subd. 9. new text end

new text begin Registrant. new text end

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

new text begin Subd. 10. new text end

new text begin Sell or sale. new text end

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

Sec. 2.

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

new text begin (a) On and after ....., a person may not sell or offer for
sale a new covered CRT device to any person in the state unless:
new text end

new text begin (1) it is labeled with the name of the manufacturer or the
manufacturer's brand label is permanently affixed and readily
visible; and
new text end

new text begin (2) it has been registered with the office along with the
name of the manufacturer or that manufacturer's brand label.
new text end

new text begin (b) A person who sells or offers for sale a new covered CRT
device must, before its initial offer for sale of the device,
submit to the office a certification that the person has
reviewed the office's Web site specified in paragraph (h), and
has determined that all new covered CRT devices that the person
is then offering for sale are labeled with brand names or labels
that are subject to registration statements filed with the
office. After this initial submittal, the certification must be
submitted to the office annually by January 10 of each year,
effective as of January 1 of each year.
new text end

new text begin (c) CRT devices, for which the manufacturer has provided
evidence to the office are not classified as hazardous waste as
defined in section 116.06 when discarded, are not subject to
this chapter.
new text end

new text begin (d) The registration must include a certification that the
registrant has a program in place that provides that all covered
CRT devices that are labeled with the name of the manufacturer
or with the manufacturer's brand label can be returned by
households in the state to the registrant for recycling,
refurbishment, or reuse.
new text end

new text begin (e) The registration must describe the recycling,
refurbishment, or reuse program that must, at a minimum, provide
that the registrant is responsible for recycling, refurbishing,
or reusing all covered CRT devices labeled with the
manufacturer's name or brand label, after receipt of the covered
CRT devices by the registrant from households in the state. The
recycling, refurbishment, or reuse program must provide a method
or methods for the receipt of covered CRT devices from
households by the registrant. These methods may include:
new text end

new text begin (1) direct shipment of covered CRT devices from the
households by common carriers, U.S. mail, or other shipment
service to one or more locations designated by the registrant;
new text end

new text begin (2) deposit of covered CRT devices by households at one or
more collection centers or retail locations designated for this
purpose by the registrant;
new text end

new text begin (3) agreements with governmental bodies or private
for-profit or nonprofit parties; or
new text end

new text begin (4) other methods designated by the registrant as long as
one or more methods is reasonably available to households for
return of all covered CRT devices that bear the manufacturer's
name or brand label. These methods must include participation
in the household hazardous waste collection program.
new text end

new text begin (f) The registration must specify that the registrant may
not charge for the recycling, refurbishment, or reuse of a
covered CRT device received from households.
new text end

new text begin (g) The registration must describe the processes and
methods that will be used by the registrant to recycle,
refurbish, or reuse covered CRT devices and, in particular, must
identify any disassembly, physical recovery operation, (for
example, crushing, shredding, grinding, glass to glass
recycling), or other operation that will be used, and describe
where it will take place.
new text end

new text begin (h) The office must provide a Web site or a toll-free
telephone number that provides information about the recycling,
refurbishment, or reuse program in sufficient detail to allow a
household owner of a covered CRT device to learn how to return
the covered CRT device to the registrant for recycling,
refurbishment, or reuse. The program described on the Web site
or at the toll-free telephone number must, at a minimum, be
identical to the program submitted to the office but may contain
additional information.
new text end

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

new text begin (j) Notwithstanding section 16A.1283, the office may
require registrants to submit to the office a registration fee
of up to $500 with each registration statement submitted to the
office. The office shall review registration statements and
notify the registrant if the registration statement does not
meet the requirements of this section. Within 30 days of
receipt of a notification from the office, the registrant must
file with the office a revised registration addressing the
requirements noted by the office.
new text end

new text begin (k) The office shall maintain on its Web site the names of
the registrants and manufacturers' brand names or brand labels
that are listed in registrations filed with the office. The
office shall update this Web site information promptly upon
receipt of a registration.
new text end

new text begin (l) The obligations of a manufacturer or registrant apply
only to covered CRT devices received from households in the
state and do not apply to covered CRT devices received from CRT
device owners other than households.
new text end

new text begin (m) If the registrant changes the program that has been
submitted to the office, before the change can become effective,
the registrant shall submit the changed program to the office.
The office shall revise its Web site or toll-free telephone
information to be consistent with the changed program.
new text end

new text begin (n) The registrant who receives a covered CRT device for
recycling, refurbishment, or reuse may either recycle,
refurbish, or reuse, including resale, the covered CRT device.
Except to the extent otherwise required by law, the manufacturer
and registrant have no responsibility for any data that may be
on the covered CRT device if an information storage device is
included with the covered CRT device.
new text end

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

new text begin (p) By April 1 of each year, each registrant shall file a
report with the office which describes the implementation of the
program during the year. The report must:
new text end

new text begin (1) identify the total weight of the covered CRT devices
received during the preceding year, together with the total
number reused or refurbished for reuse, and the total number
recycled or resold;
new text end

new text begin (2) describe the processes and methods used to recycle,
refurbish, or reuse the covered CRT devices and, in particular,
identify any disassembly, physical recovery operation (for
example, crushing, shredding, grinding, glass to glass
recycling) or other operation that was used and describe where
it took place.
new text end

new text begin (q) Participation in the household hazardous waste
collection program requires that the registrant shall:
new text end

new text begin (1) collect all covered CRT devices from household
hazardous waste collection facilities within three working days
of being notified by the office, or its designee, that at least
a full truckload of covered CRT devices from households has been
consolidated at that point, up to the registrant's pro rata
share;
new text end

new text begin (2) ensure that covered CRT devices are recycled,
refurbished, or reused in accordance with paragraph (e); and
new text end

new text begin (3) until July 1, 2007, collect ten percent by weight of
the registrant's pro rata share.
new text end

Sec. 3.

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

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

new text begin (b) The office shall establish procedures for the receipt
and maintenance of the registration statements and
certifications filed with the office pursuant to section 116H.60
and for making such statements and certifications easily
available to manufacturers, distributors, retailers, and members
of the public.
new text end

new text begin (c) On or before ....., and every three years thereafter,
the office shall provide a report to the governor and the
legislature on the implementation of this chapter. For each of
the preceding three years, the report must discuss the total
weight of covered CRT devices received, the total weight of
covered CRT devices received from each registrant, and a summary
of information in the reports submitted by registrants pursuant
to section 116H.60, paragraph (p). The report must also discuss
the various collection programs used to collect the covered CRT
devices, and discuss information received by the office
regarding CRT devices that are not being collected by the
registrants. The report must include a description of
enforcement actions relating to the chapter, both administrative
and judicial, and information about CRT devices, if any, being
disposed of in landfills in the state. The office may include
in its report other information received by the office regarding
the implementation of the chapter.
new text end

new text begin (d) The office shall administer the household hazardous
waste collection program. At its discretion, the office may
delegate this administration responsibility to another party.
Administration includes coordination of full truckload pickups
of covered CRT devices at household hazardous waste collection
facilities by registrants; annual calculation of pro rata share
for each manufacturer; and performing an annual sampling survey
at household hazardous waste collection facilities sufficient to
determine a fair basis on which to calculate pro rata share.
new text end

new text begin (e) The office may adopt rules for the purpose of
administering and enforcing this chapter.
new text end

Sec. 4.

new text begin [116H.70] OTHER PROGRAMS.
new text end

new text begin (a) A city, county, or other public agency may not adopt,
implement, or enforce an ordinance, resolution, regulation, or
rule establishing a CRT device recycling program or a CRT device
recycling fee, including any fee of any type applied at time of
purchase of a CRT device, unless expressly authorized by this
section.
new text end

new text begin (b) This section does not prohibit:
new text end

new text begin (1) the adoption, implementation, or enforcement of any
local ordinance, resolution, regulation, or rule governing
curbside or drop-off recycling programs operated by, or pursuant
to a contract with, a city, county, or other public agency; or
new text end

new text begin (2) local programs operated under agreements with
registrants that include fees for funding the programs,
providing that the fees do not include a fee applied to the CRT
device at the time of purchase.
new text end

Sec. 5.

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

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

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

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

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

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

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

Sec. 6.

new text begin [116H.80] LANDFILL DISPOSAL OF COVERED CRT
DEVICES; REGULATION OF COVERED CRT DEVICES.
new text end

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

Sec. 7.

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

new text begin (a) Civil liability may be administratively imposed by the
office against a person for each sale by that person of a new
covered CRT device not subject to a registration as required by
section 116H.60, in an amount up to $....... per offense. A
civil penalty in an amount up to $....... may be imposed by a
district court against a person for each sale by that person of
a new covered CRT device not subject to such registration.
new text end

new text begin (b) Civil liability may be administratively imposed by the
office against a person who sells a new covered CRT device and
has not filed with the office the certification required by
section 116H.60, paragraph (a), in an amount up to ....... per
offense. A civil penalty in an amount up to ....... per offense
may be imposed by a district court against a person who sells a
new covered CRT device and has not filed with the office the
certification required by section 116H.60, paragraph (a).
new text end

new text begin (c) Civil liability may be administratively imposed by the
office against registrants in an amount up to $....... for
failure to provide the program as described in such
registration. A civil penalty in an amount up to $....... per
offense may be imposed by a district court for failure to
provide the program as described in such registration.
new text end

new text begin (d) A fine or penalty may not be imposed pursuant to this
section on any person who sells or offers for sale a new covered
CRT device that is not subject to a registration as required by
section 116H.60, paragraph (a), if that person reviewed the
office's Web site within the period required for such review by
section 116H.60 in the year in which the sale occurred and
determined that, as of the date such review occurred, the new
covered CRT device was subject to a registration and that
information was included in the certification that was submitted
to the office in accordance with the requirements of section
116H.60.
new text end

Sec. 8.

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

new text begin (a) This chapter becomes inoperative if either of the
events in paragraph (b) or (c) occurs.
new text end

new text begin (b) A federal law, or combination of federal laws, takes
effect that establishes a program for the collection and for the
recycling or reuse of covered CRT devices that is applicable to
all covered CRT devices discarded by households if the law is
applicable to all covered CRT devices sold in the United States.
new text end

new text begin (c) A trial court issues a judgment, which is not appealed,
or an appellate court issues a final order affirming a judgment
of a trial court, holding that out-of-state manufacturers may
not be required to provide a recycling, refurbishment, or reuse
program as required by this chapter. Any such order must be
stayed until all appeals are concluded. The out-of-state
manufacturers shall continue to operate the recycling,
refurbishment, or reuse program required by this chapter during
the appeal process.
new text end