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Minnesota Legislature

Office of the Revisor of Statutes

HF 1412

as introduced - 89th Legislature (2015 - 2016) Posted on 04/06/2016 12:51pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to environment; modifying electronic waste management provisions;
amending Minnesota Statutes 2014, sections 115A.1310, subdivisions 4, 7, 14,
15, 20, by adding subdivisions; 115A.1312; 115A.1314; 115A.1316; 115A.1318;
115A.1320; 115A.1322; 115A.1323; 115A.1328; 115A.9565; repealing
Minnesota Statutes 2014, section 115A.1310, subdivisions 8, 12.

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

Section 1.

Minnesota Statutes 2014, section 115A.1310, subdivision 4, is amended to
read:


Subd. 4.

Collector.

"Collector" means a public or private entity new text beginparticipating in
the program
new text endthat receives covered electronic devices from households and arranges for
the delivery of the devices to a recycler.

Sec. 2.

Minnesota Statutes 2014, section 115A.1310, subdivision 7, is amended to read:


Subd. 7.

Covered electronic device.

"Covered electronic device" means deleted text begincomputers,
peripherals, facsimile machines, DVD players, video cassette recorders, and
deleted text endnew text begin a cell phone;
computer; small scale server; computer peripheral, including an electronic keyboard,
electronic mouse or similar pointing device, document scanner, printer, or external hard
drive; facsimile machine; small electronic equipment, including a video cassette recorder,
digital video recorder, digital media player, portable digital music player, disc-based video
media player, digital converter box, cable or satellite receiver, or electronic or video game
console; or
new text end video display deleted text begindevicesdeleted text endnew text begin devicenew text end that deleted text beginaredeleted text endnew text begin isnew text end sold to a household deleted text beginby means of
retail, wholesale, or electronic commerce
deleted text end.

Sec. 3.

Minnesota Statutes 2014, section 115A.1310, is amended by adding a
subdivision to read:


new text begin Subd. 12a. new text end

new text begin Portable battery. new text end

new text begin "Portable battery" means a primary battery that
weighs two kilograms or less or a rechargeable battery as defined in section 115A.9157.
new text end

Sec. 4.

Minnesota Statutes 2014, section 115A.1310, subdivision 14, is amended to read:


Subd. 14.

Recycler.

"Recycler" meansnew text begin:
new text end

new text begin (1)new text end a public or private individual or entity new text beginparticipating in the program new text endwho accepts
covered electronic devices from households and collectors for the purpose of recyclingdeleted text begin. A
manufacturer who takes products for refurbishment or repair is not a recycler
deleted text endnew text begin, reuse, or
refurbishment; and
new text end

new text begin (2) a public or private individual or entity participating in the program who reuses
covered electronic devices
new text end.

Sec. 5.

Minnesota Statutes 2014, section 115A.1310, subdivision 15, is amended to read:


Subd. 15.

Recycling.

"Recycling" means the process of collecting and preparing
deleted text beginvideo display devices ordeleted text end 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 deleted text beginvideo display
devices or
deleted text end covered electronic devices are returned to use for households in their original
form.

Sec. 6.

Minnesota Statutes 2014, section 115A.1310, is amended by adding a
subdivision to read:


new text begin Subd. 17a. new text end

new text begin Reuse. new text end

new text begin "Reuse" means to rent, acquire, donate, or sell a product without
altering its properties, to be used again for its original or similar purpose, to extend the
life of a product and replace the need for a new product. Reuse includes product repair.
Reuse is not recycling.
new text end

Sec. 7.

Minnesota Statutes 2014, section 115A.1310, subdivision 20, is amended to read:


Subd. 20.

Video display device.

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

(1) a deleted text beginvideodeleted text end display deleted text begindevicedeleted text end 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 deleted text beginvideodeleted text end display deleted text begindevicedeleted text end, 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 deleted text beginvideodeleted text end display deleted text begindevicedeleted text end 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 deleted text beginunless it contains a video display area greater than nine
inches measured diagonally
deleted text end.

Sec. 8.

Minnesota Statutes 2014, section 115A.1312, is amended to read:


115A.1312 REGISTRATION PROGRAM.

Subdivision 1.

Requirements for sale.

(a) On or after September 1, 2007, a
manufacturer new text beginof video display devices new text endmust 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) On or after February 1, 2008, a retailer who sells or offers for sale a new video
display device to a household must, before the initial offer for sale, review the agency
Web site specified in subdivision 2, paragraph (g), to determine that all new video display
devices that the retailer is offering for sale are labeled with the manufacturer's brands that
are registered with the agency.

(c) A retailer is not responsible for an unlawful sale under this subdivision if the
manufacturer's registration expired or was revoked and the retailer took possession of the
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's registration.

(a) A manufacturer of video display devices
sold or offered for sale to households new text beginin the state new text endafter September 1, 2007, 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) By deleted text beginSeptember 1, 2008deleted text endnew text begin October 1, 2016new text end, and each year thereafter, 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 September 1, 2007, and has not filed a registration under this subdivision
must submit a registration to the agency within ten days of beginning to sell or offer for
sale 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 deleted text beginSeptemberdeleted text endnew text begin
October
new text end 1 of each year.

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

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

Subd. 3.

Collector's registration.

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

Subd. 4.

Recycler's registration.

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

Sec. 9.

Minnesota Statutes 2014, section 115A.1314, is amended to read:


115A.1314 MANUFACTURER'S REGISTRATION FEE.

Subdivision 1.

Registration fee.

(a) Each manufacturer who registers under section
115A.1312 must, by deleted text beginSeptember 1, 2007deleted text endnew text begin October 1, 2016new text end, and each year thereafter, pay to
the commissioner deleted text beginof revenuedeleted text end an annual registration fee. The commissioner deleted text beginof revenuedeleted text end
must deposit the fee in the state treasury and credit the fee to the environmental fund.

(b) The registration feenew text begin for manufacturers that sell over 100 video display devices to
households in the state during the previous calendar year
new text end is deleted text beginequal to a base fee ofdeleted text end $2,500,
plus a variable recycling feenew text begin. The registration fee isnew text end calculated deleted text beginaccording to the formuladeleted text endnew text begin on
the registration form prescribed by the commissioner based on
new text end:

deleted text begin ((A x B) - (C + D)) x E, where:
deleted text end

(1) deleted text beginA = the number of pounds of a manufacturer's video display devices sold
to households during the previous program year, as reported to the department
deleted text endnew text begin the
manufacturer's recycling or reuse obligation as determined by the agency
new text end under section
deleted text begin115A.1316, subdivision 1deleted text endnew text begin 115A.1320new text end;

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

deleted text begin (3) C =deleted text endnew text begin (2)new text end the number of pounds of covered electronic devices recycled by a
manufacturer from households during the previous program year, as reported to the
deleted text begindepartmentdeleted text endnew text begin agencynew text end under section 115A.1316, subdivision 1;

deleted text begin (4) D =deleted text endnew text begin (3)new text end the number of recycling credits a manufacturer elects to use to calculate
the variable recycling fee, as reported to the deleted text begindepartmentdeleted text endnew text begin agencynew text end under section 115A.1316,
subdivision 1; and

deleted text begin (5) E =deleted text endnew text begin (4)new text end the estimated per-pound cost of recycling, initially set at $0.50 per pound
for manufacturers who new text beginreuse or new text endrecycle less than 50 percent of the deleted text beginproduct (A x B)deleted text endnew text begin
manufacturer's obligation
new text end; $0.40 per pound for manufacturers who recycle new text beginor reuse new text endat least
50 percent but less than 90 percent of the deleted text beginproduct (A x B)deleted text endnew text begin manufacturer's obligationnew text end; and
$0.30 per pound for manufacturers who new text beginreuse or new text endrecycle at least 90 percent but less than
100 percent of the deleted text beginproduct (A x B)deleted text endnew text begin manufacturer's obligationnew text end.

(c) Ifdeleted text begin, as specified in paragraph (b), the term C - (A x B) equals a positive number
of pounds,
deleted text endnew text begin the manufacturer's collection and reuse or recycling of covered electronic
devices exceed the obligation specified in section 115A.1320,
new text end that amount is defined as
the manufacturer's recycling credits. A manufacturer may retain recycling credits to
be added, in whole or in part, to deleted text beginthe actual value of C,deleted text endnew text begin the obligationnew text end as reported under
section 115A.1316, subdivision 2, during any succeeding program year, provided that no
more than 25 percent of a manufacturer's obligation deleted text begin(A x B)deleted text end for any program year may be
met with recycling credits generated in a prior program year. A manufacturer may sell
any portion or all of its recycling credits to another manufacturer, at a price negotiated by
the parties, who may use the credits in the same manner.

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

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

Subd. 2.

Use of registration fees.

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

(1) implementing sections 115A.1312 to 115A.1330deleted text begin, including transfer to the
commissioner of revenue to carry out the department's duties under section 115A.1320,
subdivision 2
,
deleted text end and new text beginfor new text endtransfer 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 new text beginor reuse new text endcovered electronic
devices in counties outside the 11-county metropolitan area, where the collection deleted text beginanddeleted text endnew text begin,new text end
recyclingnew text begin, and reusenew text end 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 new text beginand reuse new text endobligations 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.

Sec. 10.

Minnesota Statutes 2014, section 115A.1316, is amended to read:


115A.1316 REPORTING REQUIREMENTS.

Subdivision 1.

Manufacturer's reporting requirements.

(a) By deleted text beginSeptemberdeleted text endnew text begin Octobernew text end
1 of each year, beginning in deleted text begin2008deleted text endnew text begin 2016new text end, each manufacturer new text beginof video display devices new text endmust
report to the deleted text begindepartmentdeleted text endnew text begin agency using the form prescribed by the commissionernew text end:

(1) the total weight of each specific model of its video display devices sold to
households during the previous deleted text beginprogramdeleted text endnew text begin calendarnew text end year;

(2) the total weight of its video display devices sold to households during the
previous new text begincalendar new text endyear; or

(3) an estimate of the total weight of its video display devices sold to households
during the previous deleted text beginprogramdeleted text endnew text begin calendarnew text end 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.new text begin All manufacturers with sales of 100 or fewer video display
devices to households in the state during the previous calendar year must report using the
method under this clause for calculating sales.
new text end

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

(b) By deleted text beginSeptemberdeleted text endnew text begin Octobernew text end 1 of each year, beginning in deleted text begin2008deleted text endnew text begin 2016new text end, each
manufacturer must report to the deleted text begindepartmentdeleted text endnew text begin agencynew text end 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. deleted text beginIf a manufacturer wishes
to receive the variable recycling rate of 1.5 for covered electronic devices it recycles,
the manufacturer must report separately the total weight of covered electronic devices
collected from households located in counties specified in section 115A.1314, subdivision
1
, paragraph (d), and those collected from households located outside those counties.
deleted text end

(c) By deleted text beginSeptemberdeleted text endnew text begin Octobernew text end 1 of each year, beginning in deleted text begin2008deleted text endnew text begin 2016new text end, each manufacturer
must report to the deleted text begindepartmentdeleted text endnew text begin agencynew text end:

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

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

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

Subd. 2.

Recycler's reporting requirements.

By deleted text beginAugustdeleted text endnew text begin Octobernew text end 1 of each year,
beginning in deleted text begin2008deleted text endnew text begin 2016new text end, a recycler of covered electronic devices must report to the agency
deleted text beginand the departmentdeleted text endnew text begin:
new text end

new text begin (1) new text endthe 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
deleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) the weight of portable batteries and any mercury-containing lamps that are
associated with the covered electronic devices managed.
new text end

Subd. 3.

Collector's reporting requirements.

By deleted text beginAugustdeleted text endnew text begin Octobernew text end 1 of each year,
beginning in deleted text begin2008deleted text endnew text begin 2016new text end, a collector must report separately to the agency the total pounds
of covered electronic devices collected in the counties specified in section 115A.1314,
subdivision 1
, paragraph (d), and all other Minnesota counties, and a list of all recyclers
to whom collectors delivered covered electronic devices.

Sec. 11.

Minnesota Statutes 2014, section 115A.1318, is amended to read:


115A.1318 RESPONSIBILITIES.

Subdivision 1.

Manufacturer's responsibilities.

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

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

(c) The obligations of a manufacturer apply only to deleted text beginvideo displaydeleted text endnew text begin covered electronicnew text end
devices received from households and do not apply to deleted text beginvideo displaydeleted text endnew text begin covered electronicnew text end
devices received from sources other than households.

(d) A manufacturer must conduct and document due diligence assessments of
collectors and recyclers it contracts with, including an assessment of items specified
under subdivision 2. A manufacturer is responsible for maintaining, for a period of
three years, documentation that all deleted text beginvideo displaydeleted text endnew text begin covered electronicnew text end devices recycled,
partially recycled, or sent to downstream recycling new text beginand reuse new text endoperations 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.

new text begin Subd. 1a. new text end

new text begin Collector's responsibilities. new text end

new text begin (a) A collector must:
new text end

new text begin (1) accept covered electronic devices at no charge to those seeking to manage
unwanted covered electronic devices; and
new text end

new text begin (2) make available all covered electronic devices to the manufacturer stewardship
program unless otherwise stipulated.
new text end

new text begin (b) Collection sites must be:
new text end

new text begin (1) staffed; and
new text end

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

new text begin (c) A collector may limit the number of covered electronic products or covered
electronic products by product type accepted per customer per day or per delivery at a
collection site or service.
new text end

Subd. 2.

Recycler's responsibilities.

(a) As part of the report submitted under
section 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph
(b), that facilities that recycle deleted text beginvideo displaydeleted text endnew text begin covered electronicnew text end devices, including all
downstream recycling new text beginand reuse new text endoperations:

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

(2) are licensed by all applicable governmental authorities;

(3) use no prison labor to recycle deleted text beginvideo displaydeleted text endnew text begin covered electronicnew text end devices; deleted text beginand
deleted text end

(4) possess liability insurance of not less than $1,000,000 for environmental releases,
accidents, and other emergenciesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) secure and maintain certification to an environmentally sound management
standard through an accredited third-party certification body.
new text end

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

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

Subd. 3.

Retailer's responsibilities.

A retailer who sells new 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 recyclingnew text begin or reusenew text end. This requirement
may be met by providing to households the agency's toll-free number and Web site
address. Retailers selling through catalogs or the Internet may meet this requirement by
including the information in a prominent location on the retailer's Web site.

Sec. 12.

Minnesota Statutes 2014, section 115A.1320, is amended to read:


115A.1320 AGENCY deleted text beginAND DEPARTMENTdeleted text end 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 value of the following variables that are
deleted text beginpart of the formuladeleted text end used to calculate a manufacturer's annual registration fee deleted text beginunder section
115A.1314, subdivision 1
deleted text end:

(1) deleted text beginthe proportion of sales of video display devices sold to households that
manufacturers are required to recycle
deleted text endnew text begin the obligation for manufacturers as determined
by the agency under this section
new text end;

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

(3) the base registration feedeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (4) the multiplier established for the weight of covered electronic devices collected
in section 115A.1314, subdivision 1, paragraph (d).
deleted text end

new text begin (d) new text endIf 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.1330new text begin or if the revenues in the account exceed the amount that the
agency determines is necessary
new text end, the agency shall submit recommended changes and the
reasons for them to the chairs of the senate and house of representatives committees
with jurisdiction over solid waste policy.

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

new text begin (e) By February 1 each year, beginning in 2017, the agency shall publish a statewide
recycling and reuse goal for all covered electronic device waste that is the sum of the
average weight of all covered electronic devices collected for recycling or reuse during the
previous two program years as reported to the agency according to section 115A.1316.
new text end

new text begin (f) By February 1 each year, beginning in 2017, the agency shall determine each
registered manufacturer's market share of covered electronic devices to be collected and
recycled or reused based on the manufacturer's percentage share of the total weight of
video display devices sold as determined by the best available information including, but
not limited to, state sales data reported by weight. Beginning February 1, 2017, and each
year thereafter, the agency shall provide each manufacturer with a determination of its
market share of video display devices to be collected and recycled or reused, which is the
quotient of the total weight of the manufacturer's video display devices sold to households
as established under section 115A.1316 based on the average annual sales during the
preceding calendar year, as reported, divided by the total weight of all manufacturers'
video display devices sold to households in this state based on the annual retail sales
during the previous calendar year.
new text end

deleted text begin (e)deleted text endnew text begin (g)new text end 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 new text beginor reused new text endand 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 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.

deleted text begin (f)deleted text endnew text begin (h)new text end The agency shall promote public participation in the activities regulated under
sections 115A.1312 to 115A.1330 through public education and outreach efforts.

deleted text begin (g)deleted text endnew text begin (i)new text end 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 116.072deleted text begin, except for those
provisions enforced by the department, as provided in subdivision 2
deleted text end. The agency may
revoke a registration of a collector or recycler found to have violated sections 115A.1310
to 115A.1330.

deleted text begin (h)deleted text endnew text begin (j)new text end The agency shall facilitate communication between counties, collection and
recycling centers, and manufacturers to ensure that manufacturers are aware of deleted text beginvideo
display
deleted text endnew text begin covered electronicnew text end devices available for recyclingnew text begin or reusenew text end.

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

deleted text begin (j)deleted text endnew text begin (k)new text end The agency shall post on its Web site the contact information provided by
each manufacturer under section 115A.1318, paragraph (e).

Subd. 2.

new text beginAdditional new text endduties deleted text beginof departmentdeleted text end.

(a) The deleted text begindepartmentdeleted text endnew text begin agencynew text end 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 recyclednew text begin or reusednew text end; and data on recycling credits, as required
under section 115A.1316. The deleted text begindepartmentdeleted text endnew text begin agencynew text end must use this data to review each
manufacturer's annual registration fee deleted text beginsubmitted to the departmentdeleted text end to ensure that the fee
was calculated accurately deleted text beginaccording to the formula in section 115A.1314, subdivision 1deleted text end.

(b) The deleted text begindepartmentdeleted text endnew text begin agencynew text end must estimate, for each registered manufacturer, the sales
of video display devices to households during the previous deleted text beginprogramdeleted text endnew text begin calendarnew text end 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 deleted text begindepartmentdeleted text endnew text begin agencynew text end must use the data specified in this subdivision to review each
manufacturer's annual registration fee deleted text beginsubmitted to the departmentdeleted text end to ensure that the fee
was calculated accurately deleted text beginaccording to the formula in section 115A.1314, subdivision 1deleted text end.

(c) The deleted text begindepartmentdeleted text endnew text begin agencynew text end 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
deleted text beginthis subdivision,deleted text endnew text begin section 115A.1314, subdivision 1, the commissioner may request thatnew text end the
commissioner of revenue deleted text beginmaydeleted text end 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.

deleted text begin (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.
deleted text end

Sec. 13.

Minnesota Statutes 2014, section 115A.1322, is amended to read:


115A.1322 OTHER RECYCLING PROGRAMS.

A city, county, or other public agency may not require households to use public
facilities to recycle their 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 new text beginor reuse new text endobligations under
section 115A.1318, subdivision 1. Nothing in sections 115A.1310 to 115A.1330 prohibits
or restricts the operation of any program recycling new text beginor reusing new text endcovered electronic devices
in addition to those provided by manufacturers or prohibits or restricts any persons from
receiving, collecting, transporting, deleted text beginordeleted text end recyclingnew text begin, or reusingnew text end covered electronic devices,
provided that those persons are registered under section 115A.1312.

Sec. 14.

Minnesota Statutes 2014, section 115A.1323, is amended to read:


115A.1323 ANTICOMPETITIVE CONDUCT.

(a) A manufacturer that organizes collection deleted text beginordeleted text endnew text begin,new text end recyclingnew text begin, or reusenew text end under deleted text beginthis sectiondeleted text endnew text begin
sections 115A.1310 to 115A.1322
new text end is authorized to engage in anticompetitive conduct to
the extent necessary to plan and implement its chosen organized collection deleted text beginordeleted text endnew text begin,new text end recyclingnew text begin,
or reuse
new text end 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 deleted text beginordeleted text endnew text begin,new text end recyclingnew text begin, or reusenew text end under deleted text beginthis sectiondeleted text endnew text begin sections 115A.1310 to 115A.1322new text end
are authorized to engage in anticompetitive conduct to the extent necessary to plan and
implement the organized collection deleted text beginordeleted text endnew text begin,new text end recyclingnew text begin, or reusenew text end 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.

Sec. 15.

Minnesota Statutes 2014, section 115A.1328, is amended to read:


115A.1328 MULTISTATE IMPLEMENTATION.

The agency deleted text beginand department aredeleted text endnew text begin isnew text end authorized to participate in the establishment of
a regional multistate organization or compact to assist in carrying out the requirements
of this chapter.

Sec. 16.

Minnesota Statutes 2014, section 115A.9565, is amended to read:


115A.9565 deleted text beginCATHODE-RAY TUBEdeleted text end PROHIBITIONnew text begin ON CERTAIN
ELECTRONIC ITEMS
new text end.

Effective July 1, deleted text begin2006deleted text endnew text begin 2017new text end, a person may not place in mixed municipal solid waste
deleted text beginandeleted text endnew text begin a cell phone, computer, small scale server, electronic keyboard, electronic mouse or
similar pointing device, document scanner, printer, external hard drive, fax machine, video
casette recorder, digital video recorder, digital media player, portable digital music player,
disc-based video media player without a screen, digital converter box, cable or satellite
receiver, video game console, or
new text end electronic product containing a cathode-ray tube.

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 115A.1310, subdivisions 8 and 12, new text end new text begin are repealed.
new text end