HF 3566

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 04:41pm

A bill for an act
relating to solid waste; establishing program to collect and recycle electronic waste;
creating accounts; requiring a report; appropriating money; amending Minnesota
Statutes 2022, sections 115A.1310; 115A.1312; 115A.1314; 115A.1318;
115A.1320; 115A.1322; 115A.1324; 115A.1326; 115A.1330; proposing coding
for new law in Minnesota Statutes, chapter 115A; repealing Minnesota Statutes
2022, section 115A.1316, subdivisions 1, 2, 3.

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

Section 1.

Minnesota Statutes 2022, section 115A.1310, is amended to read:

115A.1310 DEFINITIONS.

Subdivision 1.

Scope.

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

Subd. 2.

Cathode-ray tube or CRT.

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

new text begin Subd. 2a. new text end

new text begin Central processing unit. new text end

new text begin "Central processing unit" means a computer's main
processor that uses electronic circuitry to carry instructions of a computer program to control
operations.
new text end

new text begin Subd. 2b. new text end

new text begin Clearinghouse. new text end

new text begin "Clearinghouse" means an organization that is under contract
to the agency to develop, finance, and operate a plan to collect, transport, and recycle covered
electronic devices that is approved by the agency under section 115A.1311, subdivision 5.
new text end

Subd. 3.

Collection.

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

new text begin Subd. 3a. new text end

new text begin Collection site. new text end

new text begin "Collection site" means a temporary or permanent site at which
collection of covered electronic devices takes place.
new text end

Subd. 4.

Collector.

"Collector" means a public or private entity that receives covered
electronic devices from deleted text begin households deleted text end new text begin covered entities new text end 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.

new text begin (a) new text end "Covered electronic device" means deleted text begin computers,
including tablet computers and laptop computers, peripherals, facsimile machines, DVD
players, video cassette recorders, and video display devices that are deleted text end new text begin a television; computer,
including a tablet or laptop computer; computer monitor; peripheral; facsimile machine; or
gaming console new text end sold to a deleted text begin household by means of retail, wholesale, or electronic commerce deleted text end new text begin
covered entity new text end .

new text begin (b) "Covered electronic device" does not include:
new text end

new text begin (1) a motor vehicle or any part thereof;
new text end

new text begin (2) a camera or video camera;
new text end

new text begin (3) a portable or stationary radio;
new text end

new text begin (4) a telephone of any type;
new text end

new text begin (5) a household appliance, including but not limited to a clothes washer, clothes dryer,
water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher;
new text end

new text begin (6) equipment that is functionally or physically part of a larger piece of equipment
intended for use in an industrial, research and development, or commercial setting;
new text end

new text begin (7) security or antiterrorism equipment;
new text end

new text begin (8) a monitoring and control instrument or system;
new text end

new text begin (9) a thermostat;
new text end

new text begin (10) a handheld transceiver;
new text end

new text begin (11) a portable digital assistant or similar device;
new text end

new text begin (12) a calculator;
new text end

new text begin (13) a global positioning system receiver or similar navigation device;
new text end

new text begin (14) commercial medical equipment that contains a cathode ray tube, a cathode ray tube
device, a flat panel display, or similar video display that is not separate from the larger piece
of equipment;
new text end

new text begin (15) an unmanned aerial vehicle, as defined in section 243.552, subdivision 1; or
new text end

new text begin (16) other medical devices, as the term "device" is defined under United States Code,
title 21, section 321, paragraph (h), of the Federal Food, Drug, and Cosmetic Act, as amended.
new text end

new text begin Subd. 7a. new text end

new text begin Covered entity. new text end

new text begin "Covered entity" means a household or a business with fewer
than ten employees located in this state.
new text end

deleted text begin Subd. 8. deleted text end

deleted text begin Department. deleted text end

deleted text begin "Department" means the Department of Revenue.
deleted text end

new text begin Subd. 8a. new text end

new text begin Downstream recycling operations. new text end

new text begin "Downstream recycling operations"
means additional recycling operations conducted on partially recycled covered electronic
devices by a recycler different from the recycler to whom a collector originally sends
electronic waste.
new text end

Subd. 9.

Dwelling unit.

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

new text begin Subd. 9a. new text end

new text begin Electronic product environmental assessment tool or EPEAT. new text end

new text begin "Electronic
product environmental assessment tool" or "EPEAT" means a Type I environmental label
managed by the Global Electronics Council that registers electronics products that meet
lifecycle environmental and social criteria established by the Global Electronics Council.
new text end

new text begin Subd. 9b. new text end

new text begin Electronics recyclables. new text end

new text begin "Electronics recyclables" has the meaning given in
section 115A.1331.
new text end

new text begin Subd. 9c. new text end

new text begin Gaming console. new text end

new text begin "Gaming console" means a computer system designed for
interactive video gameplay and display.
new text end

Subd. 10.

Household.

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

Subd. 11.

Manufacturer.

new text begin (a) new text end "Manufacturer" means a person deleted text begin who deleted text end new text begin that new text end :

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

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

new text begin (3) owns or has owned a brand name that it licenses or has licensed to another person
for use on a covered electronic device sold in this state;
new text end

new text begin (4) imports or has imported into the United States for sale in this state a covered electronic
device manufactured outside the United States;
new text end

new text begin (5) manufactures or has manufactured covered electronic devices for sale in this state
without affixing a brand name to them; or
new text end

new text begin (6) notifies the agency that the person is assuming the responsibilities, obligations, and
liabilities of a manufacturer by conducting one or more of the activities in clauses (1) to
(5).
new text end

new text begin (b) "Manufacturer" does not include a person that manufactures computer peripherals
or facsimile machines unless the person also manufactures computers, computer monitors,
gaming consoles, or televisions.
new text end

new text begin Subd. 11a. new text end

new text begin Market share. new text end

new text begin "Market share" means the proportion, by weight, of covered
electronic devices sold by a manufacturer to a covered entity in Minnesota in a given program
year, as determined by the agency.
new text end

Subd. 12.

Peripheral.

"Peripheral" means a keyboard, printer, new text begin video cassette recorder,
DVD player, new text end or any other device new text begin that is new text end sold exclusively for external use with a computer new text begin
or television and new text end that provides input new text begin into new text end or output deleted text begin into or deleted text end from a computer new text begin or television new text end . new text begin A
gaming console is not a peripheral.
new text end

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 deleted text begin in each program year thereafter deleted text end new text begin
ending June 30, 2024 new text end , 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 deleted text begin 11-county metropolitan area, as defined in section 115A.1314, subdivision 2 deleted text end new text begin
counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
Washington, and Wright new text end ;

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 deleted text begin 11-county metropolitan area deleted text end new text begin 11 counties identified in this
subdivision new text end .

Subd. 12c.

Portable battery.

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

new text begin Subd. 12d. new text end

new text begin Plan. new text end

new text begin "Plan" means a plan to develop, finance, and operate a program to
collect, transport, and recycle covered electronic devices in this state on behalf of
manufacturers.
new text end

Subd. 13.

Program year.

"Program year" means the period from deleted text begin July deleted text end new text begin January new text end 1 through
deleted text begin June 30 deleted text end new text begin December 31 new text end .

Subd. 14.

Recycler.

"Recycler" means a deleted text begin 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 deleted text end new text begin person engaged
in recycling covered electronic devices under a plan approved by the agency under section
115A.1311, subdivision 5, whose recycling operations are certified as meeting an
environmentally sound management standard by a certification body accredited by the
American National Standards Institute-American Society for Quality new text end .

Subd. 15.

Recycling.

new text begin (a) new text end "Recycling" means deleted text begin the process of collecting and preparing
video display devices or deleted text end new text begin :
new text end

new text begin (1) disassembling, dismantling, or shredding new text end covered electronic devices deleted text begin for use in
manufacturing processes or for recovery of usable materials followed by delivery of deleted text end new text begin to
recover certain materials and delivering new text end such materials for new text begin further processing or new text end use deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) salvaging components of covered electronic devices for use in new products and
delivering such components for further processing or use.
new text end

new text begin (b) new text end Recycling does not include new text begin :
new text end

new text begin (1) new text end the destruction by incineration or other process or land disposal of recyclable materials
deleted text begin nor deleted text end new text begin retrieved from covered electronic devices;
new text end

new text begin (2) new text end reuse deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end repair deleted text begin , deleted text end new text begin ; new text end or

new text begin (4) new text end any other process through which deleted text begin video display devices or deleted text end covered electronic devices
are deleted text begin returned to use for households deleted text end new text begin enabled to be reused new text end in their original form.

new text begin Subd. 16. new text end

new text begin Reuse. new text end

new text begin "Reuse" means:
new text end

new text begin (1) the repair, refurbishment, or enhancement of a covered electronic device that enables
it to be offered for sale for the same purpose for which it was originally manufactured; or
new text end

new text begin (2) the offering for sale of a discarded covered electronic device or any of its components
that have not undergone repair, refurbishment, or enhancement.
new text end

Subd. 17.

Retailer.

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

Subd. 18.

Sell or sale.

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

Subd. 19.

Television.

"Television" means deleted text begin 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 deleted text end new text begin any
telecommunications system or device that contains a cathode-ray tube or other type of
display system with a viewable area greater than four inches when measured diagonally
and that can broadcast or receive moving pictures and sound over a distance, including a
television tuner or display device peripheral to a computer that contains a television tuner new text end .

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.

new text begin Subd. 21. new text end

new text begin Transition year. new text end

new text begin "Transition year" means the period from July 1, 2025, through
December 31, 2026.
new text end

new text begin Subd. 22. new text end

new text begin Type I environmental label. new text end

new text begin "Type I environmental label" means a label
awarded to a product that meets the eligibility requirements established by the American
National Standards Institute National Accreditation Board with respect to environmental
standards and performance.
new text end

Sec. 2.

new text begin [115A.1311] COVERED ELECTRONIC DEVICE RECYCLING; REQUIRED
PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Participation required to sell. new text end

new text begin (a) On and after January 1, 2027, no
manufacturer required to pay a registration fee under section 115A.1314 may sell or offer
for sale in this state a covered electronic device unless the manufacturer of the covered
electronic device participates in a plan approved by the agency.
new text end

new text begin (b) On and after January 1, 2027, no retailer may sell or offer for sale in this state a
covered electronic device unless the retailer determines that the manufacturer of the covered
electronic device is in compliance with paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Plan required. new text end

new text begin On or before January 1, 2027, or before first offering a covered
electronic device for sale in this state, a manufacturer must enter into an agreement with a
clearinghouse to operate under a plan.
new text end

new text begin Subd. 3. new text end

new text begin Plan; content. new text end

new text begin The agency may not approve a plan unless it contains, at a
minimum, all of the following elements:
new text end

new text begin (1) certification from each manufacturer proposing to operate under the plan that it will
abide by the plan's provisions;
new text end

new text begin (2) contact information for a person administrating the plan;
new text end

new text begin (3) the provision of sufficient permanent collection sites so that at least 90 percent of
the state population resides within a 15-mile radius of a permanent collection site;
new text end

new text begin (4) in addition to complying with the requirement of clause (3), the establishment of one
additional permanent collection site in each unique geographical area that contains 30,000
or more residents within a 15-mile radius of the collection site;
new text end

new text begin (5) a description of additional activities, including temporary collection sites and
collection events, that will be employed to collect covered electronic devices;
new text end

new text begin (6) a requirement that each recycler under contract to a manufacturer operating under
the plan is certified by a third-party organization that has been accredited by the American
National Standards Institute's National Accreditation Board as operating under an
environmentally sound management standard;
new text end

new text begin (7) requirements that collection sites:
new text end

new text begin (i) accept all covered electronic devices received from covered entities at no cost; and
new text end

new text begin (ii) be staffed and open during hours convenient to the public and sufficient to meet the
needs of the area served;
new text end

new text begin (8) contact information for each manufacturer participating in the plan and the brands
of covered electronic devices sold in this state by each manufacturer;
new text end

new text begin (9) a description of the methods by which discarded covered electronic devices will be
collected in all areas in the state without relying on end-of-life fees, including an explanation
of how the collection system will be convenient and adequate to serve the needs of covered
entities in both urban and rural areas on an ongoing basis and a discussion of how existing
solid waste facilities and household hazardous waste infrastructure will be included when
establishing collection sites;
new text end

new text begin (10) a schedule under which collectors, transporters, and recyclers are to be reimbursed;
new text end

new text begin (11) measures to ensure that collectors are compensated fairly for collecting, storing,
and managing covered electronic devices;
new text end

new text begin (12) a requirement that each political subdivision that operates a collection site within
the area in which covered electronic devices are collected under the plan:
new text end

new text begin (i) is offered the option to participate under the plan; and
new text end

new text begin (ii) if agreeing to participate under the plan, enters into an agreement with the
clearinghouse under a uniform contract offered by the clearinghouse for all such collection
sites;
new text end

new text begin (13) a list of all collection sites operated by political subdivisions that agree to collect
covered electronic devices under the plan;
new text end

new text begin (14) a description of how the operation of the collection program will be monitored and
evaluated;
new text end

new text begin (15) the names and locations of collectors and recyclers that will manage discarded
covered electronic devices;
new text end

new text begin (16) a description of how discarded covered electronic devices will be safely, securely,
and efficiently consolidated, transferred, transported, tracked, and handled from collection
through final recycling and processing including:
new text end

new text begin (i) establishing consolidation and transfer capacity; and
new text end

new text begin (ii) providing assurance that transportation of covered electronic devices from collectors
to recyclers is arranged within two business days of a request;
new text end

new text begin (17) a description of the methods that will be used to deconstruct or recycle the covered
electronic devices;
new text end

new text begin (18) a description of promotion and outreach activities that will be employed to encourage
public participation in the collection and recycling programs and how the effectiveness of
those activities will be evaluated and the program modified, if necessary;
new text end

new text begin (19) evidence that adequate insurance and financial assurance for collection, handling,
and disposal operations are in place;
new text end

new text begin (20) five-year operational goals, including an estimate of the percentage of discarded
covered electronic devices that will be collected, reused, and recycled during each of the
first five years of the plan and a specific goal for the weight of discarded covered electronic
devices that will be collected and recycled or reused during each year. The operational goals
must be based on:
new text end

new text begin (i) the estimated amount of covered electronic devices disposed of annually;
new text end

new text begin (ii) the most recent data on covered electronic devices collected in this state;
new text end

new text begin (iii) the weight of covered electronic devices expected to be available for collection
annually; and
new text end

new text begin (iv) actual collection data from existing electronic waste collection and recycling
programs operating in other jurisdictions.
new text end

new text begin The plan must state the methodology used to determine the operational goals; and
new text end

new text begin (21) a discussion of the status of end markets for materials recovered from recycled
covered electronic devices and what, if any, additional end markets are needed to improve
the functioning of the program.
new text end

new text begin Subd. 4. new text end

new text begin Mail-back option; content. new text end

new text begin A clearinghouse may, as part of a plan submitted
to the commissioner for approval under this section, offer covered entities an option to mail
back to the manufacturer, at no cost to a covered entity, a discarded covered electronic
device manufactured by the manufacturer. A mail-back plan must:
new text end

new text begin (1) allow a covered entity to access and print a prepaid shipping label from the
manufacturer's website that may be affixed to a package containing the discarded covered
electronic device for shipping by a carrier selected by the manufacturer; and
new text end

new text begin (2) meet the requirements of subdivision 3, clauses (2), (6), (8), and (14) to (20).
new text end

new text begin Subd. 5. new text end

new text begin Plan approval process; administration. new text end

new text begin (a) Within 15 days of receiving a
plan submitted for review, the commissioner must post the plan on the agency's website for
public review. Written comments on the plan by the public must be filed with the agency
no later than 45 days after the plan is posted.
new text end

new text begin (b) Within 90 days of receiving a plan submitted for review, the commissioner must
approve, reject, or modify the plan and must notify the plan's applicants of the action in
writing, including the reasons for the decision, within 15 days of the decision. Applicants
whose plan is rejected by the commissioner must submit a revised plan to the commissioner
within 60 days of receiving a notice of rejection. If the revised plan does not meet the
requirements of this section, as determined by the commissioner, the commissioner must
modify the revised plan accordingly and must approve the revised plan.
new text end

new text begin (c) No manufacturer may operate under a plan that has not been approved by the
commissioner. Any modifications to an approved plan proposed by a clearinghouse must
be reviewed by the commissioner according to this subdivision.
new text end

new text begin (d) No later than 90 days before the fifth anniversary of a plan's approval, the plan, with
or without revisions, must be resubmitted to the commissioner for review and approval
under the process established in this subdivision.
new text end

new text begin (e) The commissioner may not approve a plan that the commissioner determines does
not meet the requirements of subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Implementation deficiencies; correction process. new text end

new text begin (a) If at any time the
commissioner determines that an approved plan is not being implemented in an efficient
and effective manner, the commissioner must provide in writing to the clearinghouse and
to each manufacturer participating in the plan an assessment of the deficiencies and
recommendations for improvement. Within 30 days of receiving the assessment, the
clearinghouse must respond in writing to the commissioner, indicating the changes that will
be implemented to address the deficiencies noted in the assessment.
new text end

new text begin (b) No later than 90 days after submitting a response under paragraph (a), the
clearinghouse must submit to the commissioner in writing information documenting the
changes that were implemented to address the deficiencies noted in the assessment and any
information regarding the effect of the implemented changes on program operations.
new text end

new text begin (c) If the commissioner determines that the changes implemented are insufficient to
address the deficiencies, the commissioner, after providing written notice to the clearinghouse
and to each manufacturer participating in the plan, may:
new text end

new text begin (1) require the manufacturers participating in the plan to select another clearinghouse
to implement the plan; or
new text end

new text begin (2) contract with a third party to implement and administer the plan. In contracting for
implementation and administration of the plan, the commissioner must review the costs
incurred by similar electronic waste collection and recycling programs in other states. The
commissioner may modify the plan if bids received in response to a request for proposal
exceed the average cost of collection and recycling incurred by similar electronic waste
collection and recycling programs in other states. Manufacturers participating in a plan must
pay the full administrative and implementation costs of the clearinghouse under any option
provided in this paragraph.
new text end

Sec. 3.

Minnesota Statutes 2022, section 115A.1312, is amended to read:

115A.1312 REGISTRATION PROGRAM.

Subdivision 1.

Requirements for sale.

deleted text begin (a) deleted text end On or after deleted text begin September 1, 2007 deleted text end new text begin January 1,
2027 new text end , a manufacturer must not sell or offer for sale or deliver to retailers for subsequent
sale a deleted text begin new video display deleted text end new text begin covered electronic new text end device unless:

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

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

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

Subd. 2.

Manufacturer registration.

(a) By deleted text begin August deleted text end new text begin October new text end 15 each year, a manufacturer
of deleted text begin video display deleted text end new text begin covered electronic new text end devices sold or offered for sale to deleted text begin households deleted text end new text begin covered
entities new text end in deleted text begin the deleted text end new text begin this new text end state must submit a registration to the agency new text begin on a form prescribed by
the commissioner new text end that includes:

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

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

(3) a certification that the manufacturer deleted text begin has complied and will continue to comply with
the requirements of sections 115A.1312 to 115A.1318 deleted text end new text begin will operate under the plan approved
by the commissioner new text end .

(b) A manufacturer deleted text begin 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:
deleted text end

deleted text begin (1) any video display devices sold to households exceed deleted text end new text begin may not sell a covered electronic
device in this state that exceeds new text end 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 deleted text begin ; or
deleted text end

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

(c) A manufacturer who deleted text begin begins to sell or offer for sale video display devices to households
after August 15, 2016, and deleted text end has not filed a registration under this subdivision must submit
a registration to the deleted text begin agency deleted text end new text begin commissioner new text end within ten days of beginning to sell or offer for
sale deleted text begin video display deleted text end new text begin covered electronic new text end devices to deleted text begin households deleted text end new text begin covered entities new text end .

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

(e) A registration is effective upon receipt by the deleted text begin agency deleted text end new text begin commissioner new text end and is valid until
deleted text begin August deleted text end new text begin October new text end 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 deleted text begin , in effect, deleted text end that new text begin :
new text end

new text begin (1) new text end sections 115A.1310 to 115A.1330 deleted text begin are directed at household equipment deleted text end new text begin apply only
to covered electronic devices sold to covered entities; new text end and

new text begin (2) new text end the manufacturers' brands list is deleted text begin , therefore, deleted text end 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 new text begin or electronics recyclables new text end from deleted text begin households deleted text end new text begin covered entities new text end unless that
person has submitted a registration with the agency by deleted text begin July deleted text end new text begin January new text end 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 new text begin and 115A.1331 to 115A.1337, as applicable, new text end and any regulations adopted by a
local government unit deleted text begin for deleted text end new text begin that apply to new text end the jurisdiction in which the collector operates. deleted text begin A
collector must indicate any end-of-life fees that will be charged at the collection point. deleted text end A
registration is effective upon receipt by the agency and is valid until deleted text begin July deleted text end new text begin January new text end 15 each
year. new text begin A collector may submit a single registration under this subdivision to collect covered
electronic devices, electronics recyclables, or both.
new text end

Subd. 4.

Recycler registration.

No person may recycle deleted text begin video display deleted text end new text begin covered electronic new text end
devices new text begin or electronics recyclables new text end generated by deleted text begin households deleted text end new text begin covered entities new text end unless that
person has submitted a registration with the agency by deleted text begin July deleted text end new text begin October new text end 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 new text begin or electronics recyclables new text end from
deleted text begin households deleted text end new text begin covered entities new text end and a certification that the recycler has complied and will
continue to comply with the requirements of sections 115A.1312 to deleted text begin 115A.1318 deleted text end new text begin 115A.1337,
as applicable new text end . 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
deleted text begin July deleted text end new text begin October new text end 15 each year. new text begin A recycler may submit a single registration under this subdivision
to recycle covered electronic devices, electronics recyclables, or both.
new text end

new text begin Subd. 5. new text end

new text begin Dual registration. new text end

new text begin A person conducting both collection and recycling activities
may register under both subdivisions 3 and 4.
new text end

new text begin Subd. 6. new text end

new text begin Denial of registration. new text end

new text begin The commissioner may deny a registration under
subdivision 3 or 4 if the collector or recycler or an employee or officer of the collector or
recycler has, as determined by the commissioner, a history of:
new text end

new text begin (1) repeated violations of federal, state, or local laws, regulations, standards, or ordinances
related to the collection, recycling, or other management of electronics recyclables;
new text end

new text begin (2) gross carelessness or incompetence in handling, storing, processing, transporting,
disposing of, or otherwise managing electronics recyclables, as determined by the
commissioner; or
new text end

new text begin (3) conviction of a felony in a federal or state court for forgery, official misconduct,
bribery, perjury, or knowingly submitting false information under any environmental law,
regulation, or permit.
new text end

Sec. 4.

Minnesota Statutes 2022, section 115A.1314, is amended to read:

115A.1314 MANUFACTURER deleted text begin REGISTRATION FEE deleted text end new text begin FEES new text end .

Subdivision 1.

Registration fee.

(a) Each manufacturer who registers under section
115A.1312 must, by deleted text begin August deleted text end new text begin October new text end 15 each year, pay to the commissioner deleted text begin of revenue deleted text end an
annual registration fee, on a form and in a manner prescribed by the commissioner of
revenue. The commissioner deleted text begin of revenue deleted text end must deposit the fee in the state treasury and credit
the fee to the new text begin electronic waste collection and recycling account in the new text end environmental fund.

(b) new text begin For the transition year, which begins July 1, 2025, and ends December 31, 2026, new text end the
registration fee for deleted text begin manufacturers that sell 100 or more video display devices to households
in the state during the previous calendar year deleted text end new text begin a manufacturer new text end is deleted text begin $2,500, plus a variable
recycling fee deleted text end new text begin $3,750 new text end . deleted text begin 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:
deleted text end

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

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

deleted text begin 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;
deleted text end

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

deleted text begin 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.
deleted text end

deleted text begin (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:
deleted text end

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

deleted text begin (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;
deleted text end

deleted text begin (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;
deleted text end

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

deleted text begin (5) any other information requested by the agency.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

new text begin (c) For the program year beginning January 1, 2027, and annually thereafter, the
commissioner must determine the annual registration fees on a sliding scale, based on the
manufacturer's market share of covered electronic devices sold in this state, by number of
units or weight, as determined by the commissioner. The commissioner must assign each
manufacturer to the applicable market share tier below, based on the commissioner's market
share calculation under paragraph (d):
new text end

new text begin Tier 1 new text end	new text begin 5 percent or greater new text end
new text begin Tier 2 new text end	new text begin At least 1 but less than 5 percent new text end
new text begin Tier 3 new text end	new text begin At least 0.1 but less than 1 percent new text end
new text begin Tier 4 new text end	new text begin At least .03 but less than 0.1 percent new text end
new text begin Tier 5 new text end	new text begin At least .01 but less than .03 percent new text end
new text begin Tier 6 new text end	new text begin Less than .01 percent new text end

new text begin Each manufacturer in the same tier must pay the same fee amount. The commissioner must
determine the amount of the fee paid by manufacturers in each tier so that aggregate annual
registration fees do not exceed the total annual costs of activities specified in paragraph (e).
new text end

new text begin (d) For the purposes of this section, the commissioner must calculate each manufacturer's
market share as follows:
new text end

new text begin (1) by multiplying the total number of units or pounds of computers, computer monitors,
televisions, printers, and facsimile machines sold by the manufacturer nationally during the
previous calendar year by the ratio of Minnesota's population to the national population in
the same year, as measured by the United States Bureau of the Census, and dividing the
result by the total number of units or pounds of computers, computer monitors, televisions,
printers, and facsimile machines sold by all manufacturers nationally; and
new text end

new text begin (2) if applicable, for those product models of computers, computer monitors, televisions,
printers, and facsimile machines sold by the manufacturer that are EPEAT-registered, the
calculation in clause (1) must be reduced by:
new text end

new text begin (i) 15 percent for those product models that have been rated by EPEAT as achieving the
gold standard;
new text end

new text begin (ii) ten percent for those product models that have been rated by EPEAT as achieving
the silver standard; and
new text end

new text begin (iii) five percent for those product models that have been rated by EPEAT as achieving
the bronze standard.
new text end

new text begin (e) The aggregate annual registration fees paid by manufacturers under this subdivision
in a program year:
new text end

new text begin (1) may be used by the commissioner to implement and enforce sections 115A.1310 to
115A.1330 and for transfer to the commissioner of administration for responsibilities under
section 115A.1324; and
new text end

new text begin (2) may not be used to supplement payments made from the operations fee assessed in
subdivision 2a to the clearinghouse for distribution to collectors, transporters, and recyclers
and to manufacturers operating a mail-back system.
new text end

deleted text begin Subd. 2. deleted text end

deleted text begin Use of registration fees. deleted text end

deleted text begin (a) Registration fees may be used by the commissioner
for:
deleted text end

deleted text begin (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
deleted text end

deleted text begin (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.
deleted text end

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

new text begin Subd. 2a. new text end

new text begin Operations fee. new text end

new text begin (a) Beginning January 1, 2027, the commissioner must assess,
on a quarterly basis, an operations fee on each manufacturer that is required to pay a
registration fee for that program year. The commissioner must calculate the operations fee
by multiplying a manufacturer's market share, as calculated under subdivision 1, paragraph
(d), for the most recently completed program year by the total cost of collection,
transportation, and recycling operations of the plan during the previous quarter. For a
manufacturer operating a mail-back system under section 115A.1311, subdivision 4, the
operational fee is equal to the mail-back, transportation, and recycling costs of the program
during the previous quarter. A manufacturer must remit the full operations fee to the
commissioner within 30 days of receiving the fee assessment.
new text end

new text begin (b) The commissioner must deposit all fees collected under this subdivision into the
covered electronic device waste collection and recycling account established in section
115A.1321.
new text end

new text begin (c) No later than 30 days after receiving operations fees from manufacturers, the
commissioner must use the operations fees to make payments to the clearinghouse and to
manufacturers operating a mail-back system for collection, transportation, and recycling
costs, as applicable.
new text end

Sec. 5.

Minnesota Statutes 2022, section 115A.1318, is amended to read:

115A.1318 RESPONSIBILITIES new text begin ; PROHIBITION new text end .

Subdivision 1.

Manufacturer responsibilities.

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

(b) deleted text begin 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. deleted text end A manufacturer must assume all financial responsibility deleted text begin associated with deleted text end new text begin for
costs incurred from collecting, new text end transporting new text begin , new text end and recycling covered electronic devices deleted text begin 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 deleted text end new text begin under a plan
approved by the commissioner new text end .

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

(d) A manufacturer must deleted text begin conduct and document deleted text end new text begin ensure that new text end due diligence assessments
of collectors and recyclers it contracts with new text begin and of any applicable downstream recycling
operations are conducted and documented new text end , 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.

deleted text begin (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.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end Only deleted text begin the deleted text end covered electronic devices that are recycled by a registered recycler that
is certified deleted text begin 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 deleted text end new text begin as meeting an environmentally sound management standard by
a certification body accredited by the American National Standards Institute-American
Society for Quality National Accreditation Board may be reported under paragraph (f) new text end .

new text begin (f) Beginning March 1, 2027, and each March 1 thereafter, a manufacturer must report
to the commissioner, on a form approved by the commissioner:
new text end

new text begin (1) a description of the collection, transportation, mail-back, and recycling activities
conducted under the approved plan in all regions of the state;
new text end

new text begin (2) separate estimates of the number of units and the total weight of the manufacturer's
covered electronic devices for each specific model sold to covered entities during the previous
program year;
new text end

new text begin (3) the total weight of the manufacturer's covered electronic devices sold to covered
entities during the previous program year, which may be estimated by multiplying the weight
of its covered electronic devices sold nationally by the quotient of Minnesota's population
divided by the national population. The method in this clause must be used by a manufacturer
that sells 99 or fewer covered electronic devices to covered entities in the state during the
previous program year;
new text end

new text begin (4) an estimate of the total weight of covered electronic devices collected and recycled;
new text end

new text begin (5) a description of how the estimates in clauses (2) to (4) were calculated;
new text end

new text begin (6) a description of how the manufacturer employs bidding processes that are open,
competitive, and fair;
new text end

new text begin (7) a description of how the manufacturer arranges transportation of covered electronic
devices from collectors to recyclers within two business days of a request; and
new text end

new text begin (8) evidence of adequate financial assurance for collection, handling, and disposal
activities demonstrated by posting a performance bond or issuing a letter of credit or other
financial instrument.
new text end

new text begin (g) A manufacturer must furnish any information the commissioner determines is
necessary to assess compliance with sections 115A.1310 to 115A.1330.
new text end

Subd. 1a.

Collector responsibilities.

(a) deleted text begin Collection sites must be: deleted text end new text begin A collector must
furnish any information requested by the commissioner to determine compliance with
sections 115A.1310 to 115A.1330.
new text end

new text begin (b) A collector operating under a plan must:
new text end

new text begin (1) certify in a written agreement with the clearinghouse that the collector will operate
in compliance with a plan approved by the commissioner;
new text end

new text begin (2) host collection sites that are:
new text end

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

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

new text begin (3) accept any covered electronic device; and
new text end

new text begin (4) beginning April 30, 2027, and each 30th day of July, October, January, and April
thereafter, report to the clearinghouse on a form approved by the commissioner the total
weight of covered electronic devices collected during the preceding quarter under the plan.
new text end

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

deleted text begin (c) A collector must use only registered recyclers.
deleted text end

new text begin (d) A collector that is not operating under a plan must comply with paragraph (a) and
paragraph (b), clause (4), as applicable.
new text end

new text begin Subd. 1b. new text end

new text begin Clearinghouse responsibilities. new text end

new text begin A clearinghouse must:
new text end

new text begin (1) collaborate with manufacturers to develop a plan that meets the requirements of
section 115A.1311, subdivision 3;
new text end

new text begin (2) ensure that all participants in the plan are registered with the agency;
new text end

new text begin (3) coordinate collection, transportation, and recycling activities under the plan, including
establishing sufficient consolidation and transfer capacity to ensure efficient transportation
of covered electronic devices;
new text end

new text begin (4) manage invoices from and distribute operations fees to collectors, transporters, and
recyclers;
new text end

new text begin (5) collect and compile information from collectors, transporters, and recyclers to report
to the commissioner; and
new text end

new text begin (6) provide any information requested by the commissioner to determine compliance
with sections 115A.1310 to 115A.1330.
new text end

Subd. 2.

Recycler responsibilities.

(a) new text begin A recycler must certify in a written agreement
with the clearinghouse that the recycler will operate in compliance with a plan approved
by the commissioner.
new text end

new text begin (b) Beginning April 30, 2027, and each 30th day of July, October, January, and April
thereafter, a recycler of covered electronic devices must report to the commissioner:
new text end

new text begin (1) the total weight of covered electronic devices, by product type, recycled during the
preceding quarter and further disaggregated to reflect separate amounts recycled under the
plan; and
new text end

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

new text begin (c) new text end As part of the report submitted under deleted text begin section 115A.1316, subdivision 2 deleted text end new text begin this
subdivision new text end , a recycler must certify, except as provided in paragraph deleted text begin (b) deleted text end new text begin (d) new text end , 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 deleted text begin video display deleted text end new text begin covered electronic new text end devices;

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

(6) provide a report annually to each registered collector regarding the deleted text begin video display deleted text end new text begin
covered electronic new text end 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 deleted text begin that meet a manufacturer's recycling
obligation as determined under section 115A.1320, unless otherwise mutually agreed upon deleted text end new text begin
under a plan approved by the commissioner new text end .

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

deleted text begin (c) deleted text end new text begin (e) new text end 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.

new text begin (f) A recycler must provide any information requested by the commissioner to determine
compliance with sections 115A.1310 to 115A.1330.
new text end

Subd. 3.

Retailer responsibilities.

new text begin (a) A retailer is responsible for reviewing registration
information placed on the agency's website, as required under section 115A.1312, subdivision
2, paragraph (g). Beginning January 1, 2027, no retailer shall sell or offer for sale a covered
electronic device that is not labeled by the manufacturer and registered as required by section
115A.1312.
new text end

new text begin (b) A retailer is not responsible for an unlawful sale under this subdivision if the
manufacturer was not registered or the manufacturer's registration expired or was revoked
if the retailer took possession of the covered electronic device before January 1, 2027, or
before the manufacturer's registration expired or was revoked, and the unlawful sale occurred
within six months after the expiration or revocation.
new text end

new text begin (c) Beginning January 1, 2027, new text end a retailer deleted text begin who sells new video display deleted text end new text begin selling covered
electronic new text end devices deleted text begin shall deleted text end new text begin in this state must new text end provide information to deleted text begin households deleted text end new text begin customers new text end
describing where and how they may recycle deleted text begin video display deleted text end new text begin covered electronic new text end devices and
advising them of opportunities and locations for the convenient collection of deleted text begin video display deleted text end new text begin
covered electronic new text end devices new text begin , including manufacturer mail-back programs, new text end for the purpose of
recycling. This requirement may be met by new text begin posting signs at the point of sale stating that
covered electronic devices should not be placed in solid waste or a solid waste facility or
by new text end providing to deleted text begin households deleted text end new text begin customers new text end 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.

new text begin Subd. 4. new text end

new text begin Prohibition. new text end

new text begin A collector may not charge for collection, transportation, or
recycling services or for any costs incurred by the collector operating under a plan approved
by the commissioner.
new text end

Sec. 6.

new text begin [115A.1319] TRANSITION TO NEW PROGRAM.
new text end

new text begin (a) Notwithstanding section 115A.1310, subdivision 13, the program year beginning
July 1, 2025, ends on December 31, 2026.
new text end

new text begin (b) In addition to the annual registration and operations fees charged to manufacturers
under section 115A.1314, the commissioner must charge each manufacturer a onetime
advance operations fee that is due for payment on October 15, 2026. The commissioner
must calculate the advance operations fee by multiplying the manufacturer's market share
in 2024, as calculated under section 115A.1314, subdivision 1, paragraph (d), by the number
of pounds of covered electronic devices the manufacturer collected in 2024, as reported in
section 115A.1318, subdivision 1, paragraph (f); times the commissioner's estimate of the
national average cost to recycle one pound of covered electronic devices; times 0.5.
new text end

new text begin (c) No later than March 31, 2027, the commissioner must compare each manufacturer's
advance operations fee assessed in paragraph (b) with the product of the actual total cost
of collecting, transporting, and recycling covered electronic devices under the plan in which
the manufacturer participated, multiplied by the manufacturer's market share, as calculated
under section 115A.1314, subdivision 1, paragraph (d). If the manufacturer's advance
operations fee exceeds a manufacturer's share of estimated actual program costs, the
commissioner must pay the difference to the manufacturer. If the manufacturer's share of
estimated actual program costs exceeds the manufacturer's advance operations fee, the
manufacturer must remit the difference to the commissioner.
new text end

new text begin (d) Notwithstanding section 115A.1318, reports required by the commissioner from
manufacturers, collectors, and recyclers for the 2025 program year are not due until January
15, 2027.
new text end

new text begin (e) All phase I and phase II recycling credits expire July 31, 2026, and may not be used
thereafter by a manufacturer to calculate the amount of covered electronic devices recycled
by the manufacturer.
new text end

new text begin (f) This section expires June 30, 2027.
new text end

Sec. 7.

Minnesota Statutes 2022, section 115A.1320, is amended to read:

115A.1320 AGENCY deleted text begin AND DEPARTMENT deleted text end DUTIES.

Subdivision 1.

Duties of agency.

(a) The deleted text begin agency shall deleted text end new text begin commissioner must:
new text end

new text begin (1) new text end administer sections 115A.1310 to 115A.1330 deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) review and approve a plan; and
new text end

new text begin (3) ensure that manufacturers remit in full registration and operations fees.
new text end

(b) The deleted text begin agency shall deleted text end new text begin commissioner must new text end establish procedures for:

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

(2) making deleted text begin the deleted text end new text begin registration new text end statements and certifications easily available to manufacturers,
retailers, and members of the public.

deleted text begin (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:
deleted text end

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

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

deleted text begin (3) the base registration fee.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (h) deleted text end new text begin (c) No later than February 28 each year, beginning in 2026, new text end the deleted text begin agency shall provide deleted text end new text begin
commissioner must submit new text end a report to the governor and the deleted text begin legislature deleted text end new text begin chairs and ranking
minority members of the senate and house committees with primary responsibility for solid
waste policy new text end 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 deleted text begin 115A.1316 deleted text end new text begin 115A.1318 new text end . 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. deleted text begin 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). deleted text end The report must include a description
of enforcement actions new text begin taken new text end under sections 115A.1310 to 115A.1330. The deleted text begin agency deleted text end new text begin
commissioner new text end may include in deleted text begin its deleted text end new text begin the new text end report other information received by the agency
regarding the implementation of sections deleted text begin 115A.1312 deleted text end new text begin 115A.1310 new text end to 115A.1330. deleted text begin The report
must be done in conjunction with the report required under section 115A.121.
deleted text end

deleted text begin (i) deleted text end new text begin (d) new text end The deleted text begin agency shall deleted text end new text begin commissioner must new text end promote public participation in the activities
regulated under sections deleted text begin 115A.1312 deleted text end new text begin 115A.1310 new text end to deleted text begin 115A.1330 deleted text end new text begin 115A.1339 new text end through public
education and outreach efforts.

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

deleted text begin (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.
deleted text end

deleted text begin (l) deleted text end new text begin (f) new text end The deleted text begin agency shall deleted text end new text begin commissioner must new text end post on deleted text begin its deleted text end new text begin the agency's new text end website the contact
information provided by each manufacturer under section deleted text begin 115A.1318 deleted text end new text begin 115A.1312 new text end , subdivision
deleted text begin 1 deleted text end new text begin 2 new text end , paragraph deleted text begin (e) deleted text end new text begin (a), clause (2) new text end .

deleted text begin Subd. 2. deleted text end

deleted text begin Additional duties. deleted text end

deleted text begin (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.
deleted text end

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

deleted text begin (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
deleted text end

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

deleted text begin 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.
deleted text end

deleted text begin (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.
deleted text end

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. 8.

new text begin [115A.1321] COVERED ELECTRONIC DEVICE WASTE COLLECTION
AND RECYCLING ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment of account. new text end

new text begin The covered electronic device waste collection
and recycling account is established as a separate account in the environmental fund in the
state treasury. The commissioner must credit to the account registration and operations fees
paid by manufacturers under sections 115A.1314 and 115A.1319 and appropriations and
transfers to the account. Earnings, such as interest, dividends, and any other earnings arising
from assets of the account, must be credited to the account. Money remaining in the account
at the end of a fiscal year does not cancel to the general fund but remains in the account
until expended. The commissioner must manage the account.
new text end

new text begin Subd. 2. new text end

new text begin Expenditures. new text end

new text begin Money in the account may be used only as follows:
new text end

new text begin (1) operations fees assessed under section 115A.1314, subdivision 2a, and the onetime
advanced operations fee assessed in section 115A.1319 must be used only for the purposes
specified in section 115A.1314, subdivision 2a, paragraph (c); and
new text end

new text begin (2) registration fees paid under section 115A.1314, subdivision 1, must be used to
reimburse the agency's costs to administer and enforce sections 115A.1310 to 115A.1330.
new text end

new text begin Subd. 3. new text end

new text begin Appropriation. new text end

new text begin Money in the account is appropriated to the commissioner for
the purposes of subdivision 2.
new text end

Sec. 9.

Minnesota Statutes 2022, section 115A.1322, is amended to read:

115A.1322 OTHER RECYCLING PROGRAMS.

deleted text begin 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. deleted text end
Nothing in sections 115A.1310 to 115A.1330 prohibits or restricts the operation of any
program recycling covered electronic devices in addition to those provided by manufacturers
or prohibits or restricts any persons from receiving, collecting, transporting, or recycling
covered electronic devices, provided that those persons are registered under section
115A.1312.

Sec. 10.

Minnesota Statutes 2022, section 115A.1324, is amended to read:

115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.

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

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

(c) Any person awarded a contract under chapter 16C for purchase or lease of deleted text begin video
display deleted text end new text begin covered electronic new text end devices that is found to be in violation of paragraph (a) or sections
115A.1310 to 115A.1318 is subject to the following sanctions:

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

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

(3) if the attorney general establishes that any money, property, or benefit was obtained
by a contractor as a result of violating paragraph (a) or sections 115A.1310 to 115A.1318,
the court may, in addition to any other remedy, order the disgorgement of the unlawfully
obtained money, property, or benefit.

Sec. 11.

Minnesota Statutes 2022, section 115A.1326, is amended to read:

115A.1326 REGULATING deleted text begin VIDEO DISPLAY deleted text end new text begin COVERED ELECTRONIC new text end
DEVICES.

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

Sec. 12.

Minnesota Statutes 2022, section 115A.1330, is amended to read:

115A.1330 LIMITATIONS.

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

Sec. 13.

new text begin [115A.1331] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 115A.1331 to 115A.1339, the following terms have the
meanings given.
new text end

new text begin (b) "Collector" means a public or private entity registered with the agency under section
115A.1312 to collect or receive discarded electronics recyclables from a covered entity and
arrange for their delivery to a transporter or recycler.
new text end

new text begin (c) "Covered entity" has the meaning given in section 115A.1310, subdivision 7a.
new text end

new text begin (d) "Electronics recyclables" means products that are powered by, generate, store, or
conduct electricity. Electronics recyclables does not include:
new text end

new text begin (1) a covered electronic device, as defined in section 115A.1310, subdivision 7;
new text end

new text begin (2) electric vehicles, as defined in section 169.011, subdivision 26a;
new text end

new text begin (3) industrial machinery;
new text end

new text begin (4) major appliances;
new text end

new text begin (5) solar photovoltaic panels;
new text end

new text begin (6) real property or fixtures;
new text end

new text begin (7) lead acid batteries; or
new text end

new text begin (8) equipment used solely for medical purposes.
new text end

new text begin (e) "Manufacturer" means a person who:
new text end

new text begin (1) manufactures electronics recyclables to be sold under its own brand as identified by
its own brand label; or
new text end

new text begin (2) sells electronics recyclables manufactured by others under its own brand as identified
by its own brand label.
new text end

new text begin (f) "Recycler" means a person registered with the agency under section 115A.1312 to
conduct recycling on electronics recyclables. Recycler does not mean a person whose sole
operation with respect to electronics recyclables is to manually dismantle them.
new text end

new text begin (g) "Recycling" means:
new text end

new text begin (1) disassembling, dismantling, or shredding electronics recyclables to recover certain
materials and delivering such materials for further processing; or
new text end

new text begin (2) salvaging components of electronics recyclables for use in new products and
delivering such components for further processing or use.
new text end

new text begin Recycling does not include:
new text end

new text begin (i) the destruction by incineration or other process or land disposal of recyclable materials
retrieved from electronics recyclables;
new text end

new text begin (ii) reuse;
new text end

new text begin (iii) repair; or
new text end

new text begin (iv) any other process through which electronics recyclables are enabled to be reused in
their original form.
new text end

new text begin (h) "Refurbished" means a used electronics recyclable that was recycled or returned to
the manufacturer, then tested and, if necessary, repaired by the manufacturer or a third party
before being sold again.
new text end

new text begin (i) "Retailer" means a person who offers electronics recyclables for sale in or into this
state. Retailer includes a:
new text end

new text begin (1) retailer maintaining a place of business in this state;
new text end

new text begin (2) marketplace provider maintaining a place of business in this state, as defined in
section 297A.66, subdivision 1, paragraph (a);
new text end

new text begin (3) retailer not maintaining a place of business in this state; and
new text end

new text begin (4) marketplace provider not maintaining a place of business in this state, as defined in
section 297A.66, subdivision 1, paragraph (b).
new text end

new text begin Retailer does not include a person whose sales of electronics recyclables in or into this state
in the immediately preceding calendar year was less than $1,000.
new text end

new text begin (j) "Reuse" means:
new text end

new text begin (1) the repair, refurbishment, or enhancement of an electronics recyclable that enables
it to be offered for sale for the same purpose for which it was originally manufactured; or
new text end

new text begin (2) the offering for sale of a discarded electronics recyclable or any of its components
that have not undergone repair, refurbishment, or enhancement.
new text end

new text begin (k) "Transporter" means a person that transports discarded electronics recyclables from
a collector to a recycler.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 14.

new text begin [115A.1332] COLLECTOR AND RECYCLER REGISTRATION.
new text end

new text begin No person may operate as a collector or recycler of electronics recyclables unless the
person has submitted a registration with the agency under section 115A.1312, subdivision
3 or 4, as applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 15.

new text begin [115A.1335] RECYCLING FEE.
new text end

new text begin (a) Except as provided in paragraph (b), on and after January 1, 2025, a recycling fee is
imposed on each retailer equal to 3.2 percent of the retail price to each electronics recyclable
that the retailer offers for sale in this state.
new text end

new text begin (b) A retailer is not subject to the fee imposed in paragraph (a) for the sale of a cell phone
but is instead subject to a fee of $0.90 for each cell phone sold. The fee imposed under this
paragraph is subject to paragraphs (c) to (f).
new text end

new text begin (c) A retailer may collect the fee from the purchaser. If separately stated on the invoice,
bill of sale, or similar document given to the purchaser, the fee is excluded from the sales
price for purposes of the tax imposed under chapter 297A.
new text end

new text begin (d) If a retailer collects the fee from the purchaser, the retailer must show the total of
the retail recycling fee as a separate item and distinct from the sales price and any other
taxes or fees imposed on the retail purchase on the purchaser's receipt, invoice, or other bill
of sale. The receipt, invoice, or other bill of sale must state the retail recycling fee as
"electronic waste recycling fee."
new text end

new text begin (e) The fee required under this section may not be applied to previously owned or
refurbished electronics recyclables.
new text end

new text begin (f) Beginning January 1, 2025, a retailer must remit the recycling fee for each electronics
recyclable sold in this state to the commissioner monthly in a manner and accompanied by
a form prescribed by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 16.

new text begin [115A.1336] ELECTRONIC WASTE RECYCLING ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment of account. new text end

new text begin An electronic waste recycling account is
established in the special revenue fund in the state treasury. The commissioner must credit
to the account recycling fees remitted to the agency by retailers under section 115A.1335
and appropriations and transfers to the account. Earnings, such as interest, dividends, and
any other earnings arising from assets of the account, must be credited to the account. Money
remaining in the account at the end of a fiscal year does not cancel to the general fund but
remains in the account until expended. The commissioner must manage the account.
new text end

new text begin Subd. 2. new text end

new text begin Use of money. new text end

new text begin (a) Of the amount in the account, beginning in fiscal year 2025
and continuing through fiscal year 2028, the commissioner must allocate $1,000,000 each
year for awarding grants under section 115A.1342 and to reimburse the agency for its costs
to administer that section. Unexpended money for this purpose remains available for this
purpose until June 30, 2028, at which point it becomes available for other purposes in this
subdivision.
new text end

new text begin (b) $420,000 is to be used for the study required under section 23.
new text end

new text begin (c) The balance of the account is to be used to:
new text end

new text begin (1) reimburse the costs of collectors under the electronic waste recycling program; and
new text end

new text begin (2) reimburse the reasonable costs of the agency to administer and enforce sections
115A.1331 to 115A.1340, which costs may not exceed three percent of the balance in the
account at the end of the month in which the agency submits a reimbursement request,
excluding the amounts set aside for the purposes of paragraphs (a) and (b).
new text end

new text begin Subd. 3. new text end

new text begin Financial reserve limit. new text end

new text begin (a) The commissioner must not maintain a financial
reserve in the account established under this section in excess of 75 percent of the agency's
average annual expenses required to implement sections 115A.1331 to 115A.1342.
new text end

new text begin (b) If the financial reserve at any time exceeds 75 percent of the agency's annual expenses
to implement sections 115A.1331 to 115A.1342, the commissioner must reduce the recycling
fee established in section 115A.1335 for the following year to a level that results in
compliance with this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Appropriation. new text end

new text begin Money in the account is appropriated to the commissioner for
the purposes of subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 17.

new text begin [115A.1337] DISPOSITION OF RECYCLING FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Collectors' invoices. new text end

new text begin Beginning in the second quarter of 2025 and
quarterly thereafter, a collector must submit to the commissioner, on a form and in a manner
prescribed by the commissioner, information and supporting material documenting the
following costs incurred to collect electronics recyclables during the previous quarter:
new text end

new text begin (1) the costs of collecting electronics recyclables that are transported for recycling;
new text end

new text begin (2) the costs of transporting electronics recyclables to recyclers, as evidenced by invoices
from transporters; and
new text end

new text begin (3) recycling costs paid by collectors to recyclers of electronics recyclables, as evidenced
by invoices from recyclers.
new text end

new text begin Subd. 2. new text end

new text begin Agency review; reimbursement. new text end

new text begin (a) The commissioner must review the
information submitted by collectors under subdivision 1. The commissioner may request
additional information or documentation from a collector.
new text end

new text begin (b) In determining the reasonableness of the cost information submitted by a collector
under subdivision 1, the commissioner must compare the reported costs of collection,
transportation, and recycling with those of other collectors, including collectors operating
in the same geographic region, and must consider the extent to which significant deviations
from the average cost are justified as a result of low population density, distance to recyclers,
or other relevant factors.
new text end

new text begin (c) The commissioner may accept, reject, or modify the requested cost reimbursement
amount submitted by a collector and must provide a collector with written notice of the
reasons for any rejection or modification of the collector's requested cost reimbursement
amount.
new text end

new text begin (d) Reimbursements to collectors for collection activities under this subdivision must
be made only for the amount of collected electronics recyclables that is transported to a
recycler.
new text end

new text begin (e) During the last week of each quarter, the commissioner must reimburse the collector
for costs incurred during the previous quarter that the commissioner determines to be
reasonable, plus an additional payment of $0.90 per pound of electronics recyclables recycled.
new text end

new text begin (f) A person registered as both a collector and a recycler under section 115A.1312 may
not be reimbursed for collection costs with respect to any electronics recyclables recycled
by the person, although the person is eligible to receive the $0.90 per pound additional
payment under paragraph (e) for all electronics recyclables collected by that person that are
recycled by that person or other recyclers.
new text end

new text begin (g) A transporter or recycler may not charge or accept payment from any person except
a collector for transporting, recycling, or otherwise handling electronics recyclables.
new text end

new text begin (h) Except as provided in paragraph (i), a collector must be compensated for the costs
of collecting, transporting, and recycling electronics recyclables under sections 115A.1331
to 115A.1338 solely from reimbursements made by the commissioner from the proceeds
of the recycling fee imposed in section 115A.1335.
new text end

new text begin (i) A collector may be compensated by a private individual for services that are associated
with collecting and recycling electronics recyclables but that are not required under sections
115A.1331 to 115A.1338, including but not limited to:
new text end

new text begin (1) collecting electronics recyclables from a private individual's home or business;
new text end

new text begin (2) data destruction services; and
new text end

new text begin (3) agreeing to be present at an electronics recyclables collection event hosted by a
sponsor at a location other than a permanent collection site.
new text end

new text begin (j) A collector may not be reimbursed by the commissioner from the proceeds of the
recycling fee for services described in paragraph (i).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 18.

new text begin [115A.1338] RESPONSIBILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Collector responsibilities. new text end

new text begin (a) Collection sites must be staffed and open
to the public at times convenient and of sufficient duration to meet the needs of the area
being served.
new text end

new text begin (b) A collector may:
new text end

new text begin (1) refuse to accept any specific type of electronics recyclable; and
new text end

new text begin (2) limit the number or type of electronics recyclables accepted per customer per day or
per delivery.
new text end

new text begin (c) By July 15 each year, a collector of electronics recyclables must report to the agency
the total weight of electronics recyclables collected during the preceding calendar year.
new text end

new text begin Subd. 2. new text end

new text begin Recycler responsibilities. new text end

new text begin A recycler sent electronics recyclables by a collector:
new text end

new text begin (1) may not charge a collector for transporting, recycling, or any necessary supplies
related to transporting or recycling electronics recyclables, unless the charge is mutually
agreed upon; and
new text end

new text begin (2) must annually submit a written report to the commissioner, at a time determined by
the commissioner, specifying the total weight of electronics recyclables received from each
collector during the previous year.
new text end

new text begin Subd. 3. new text end

new text begin Retailer responsibilities. new text end

new text begin A retailer who sells electronics recyclables must
provide information to purchasers of those products describing:
new text end

new text begin (1) how electronics recyclables may be recycled;
new text end

new text begin (2) opportunities and locations for the convenient collection of electronics recyclables
for the purpose of recycling; and
new text end

new text begin (3) the fee for the operation of the program that is included in the purchase price of
electronics recyclables sold in this state.
new text end

new text begin Subd. 4. new text end

new text begin Agency responsibilities new text end

new text begin (a) The commissioner must, in consultation with the
Electronics Recyclables Advisory Committee established in section 115A.1341, collectors,
and recyclers, annually review the amount of the recycling fee established under section
115A.1335 to ensure that revenue collected to reimburse collectors for collection,
transportation, and recycling costs approved by the commissioner under section 115A.1337
and to reimburse the agency for the costs of administering and enforcing sections 115A.1331
to 115A.1342, is sufficient but not excessive. The commissioner may adjust the amount of
the recycling fee or additional payment after considering:
new text end

new text begin (1) current and projected sales of electronics recyclables in this state;
new text end

new text begin (2) current and projected collection rates of electronics recyclables discarded in this
state;
new text end

new text begin (3) the costs of collecting, transporting, and recycling electronics recyclables in this
state; and
new text end

new text begin (4) the agency's costs of administering and enforcing sections 115A.1331 to 115A.1342.
new text end

new text begin (b) To ensure the most efficient use of recycling fees, the commissioner must encourage
and may require collectors operating in nearby areas to consolidate what would otherwise
be smaller separate shipments of electronics recyclables to recyclers.
new text end

new text begin (c) The commissioner must enforce sections 115A.1331 to 115A.1339 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072. The commissioner
may revoke a registration of a collector or recycler that violates sections 115A.1331 to
115A.1338.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 19.

new text begin [115A.1339] REPORTING.
new text end

new text begin No later than July 1, 2026, and by each July 1 thereafter, the commissioner must submit
a written report to the chairs and ranking minority members of the legislative committees
with primary jurisdiction over environment policy and finance on the operation of the
electronic waste recycling program under sections 115A.1331 to 115A.1339. The report
must include, at a minimum:
new text end

new text begin (1) the total weight of electronics recyclables collected during the previous year, by
collector and county;
new text end

new text begin (2) the total weight of electronics recyclables transported for recycling during the previous
year, by collector and county;
new text end

new text begin (3) total recycling fees deposited into the electronic waste recycling account;
new text end

new text begin (4) total reimbursements paid to collectors from the electronic waste recycling account;
new text end

new text begin (5) impacts of the electronic waste recycling program on the number or location of
collectors;
new text end

new text begin (6) suggested changes to improve the efficiency and effectiveness of the electronic waste
recycling program; and
new text end

new text begin (7) any other information about program operations or other issues the commissioner
deems relevant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 20.

new text begin [115A.1340] OTHER RECYCLING PROGRAMS.
new text end

new text begin A city, county, or other public agency may not require purchasers of electronics
recyclables to use public facilities to recycle electronics recyclables to the exclusion of other
lawful programs available. Nothing in sections 115A.1331 to 115A.1338 prohibits or restricts
the operation of any program recycling electronics recyclables in addition to those operated
under sections 115A.1331 to 115A.1338 or prohibits or restricts any persons from receiving,
collecting, transporting, or recycling electronics recyclables if those persons are registered
under section 115A.1312.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 21.

new text begin [115A.1341] ELECTRONICS RECYCLABLES ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; members. new text end

new text begin (a) The commissioner must, no later than
October 1, 2024, establish and appoint an Electronics Recyclables Advisory Committee
consisting of 11 members appointed as follows:
new text end

new text begin (1) one representative from each of two different sites operated by a public entity where
electronics recyclables are collected for recycling;
new text end

new text begin (2) one representative from each of two different sites operated by a private entity where
electronics recyclables are collected for recycling;
new text end

new text begin (3) one representative from each of two different Tribal environmental services
organizations;
new text end

new text begin (4) one representative of a recycler of covered electronic devices, as defined in section
115A.1310, subdivision 7a;
new text end

new text begin (5) one representative of a recycler of electronics recyclables;
new text end

new text begin (6) one representative from each of two different environmental nonprofit organizations;
and
new text end

new text begin (7) one representative from the public at-large.
new text end

new text begin (b) In appointing members to the advisory committee, the commissioner must:
new text end

new text begin (1) appoint a laborer as one of the representatives from a public or private collection
site;
new text end

new text begin (2) not appoint a person who is a lobbyist registered under section 10A.03;
new text end

new text begin (3) appoint no more than seven members of the advisory committee who reside in Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, or Washington Counties; and
new text end

new text begin (4) endeavor to appoint members representing all regions of the state.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The advisory committee must recommend to the commissioner, based
on information the advisory committee has gathered from collectors, recyclers, electronics
manufacturers, environmental organizations, and members of the public, modifications to
the programs operated under sections 115A.1310 to 115A.1338, including the level of the
recycling fee established under section 115A.1335, that would make the programs more
efficient or less costly or increase the amount of covered electronic devices and electronics
recyclables collected and recycled.
new text end

new text begin Subd. 3. new text end

new text begin Administration. new text end

new text begin (a) The advisory committee must elect a chair by majority
vote at its initial meeting. The advisory committee must meet quarterly. Additional meetings
may be held at the call of the chair.
new text end

new text begin (b) Agency staff serves as staff to the advisory committee.
new text end

Sec. 22.

new text begin [115A.1342] ELECTRONICS RECYCLER AIR QUALITY IMPROVEMENT
GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "eligible applicant" means
a recycler located in Minnesota that is participating in recycling programs operating under
sections 115A.1310 to 115A.1337.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin An electronics recycler air quality grant program is established
in the agency to assist eligible applicants to purchase and install equipment to improve air
quality in or outside the recycling facilities.
new text end

new text begin Subd. 3. new text end

new text begin Application and award process. new text end

new text begin (a) To be considered for a grant under this
section, an eligible applicant must file a written application with the commissioner on a
form prescribed by the commissioner.
new text end

new text begin (b) The commissioner must act as fiscal agent for the grant program and must develop
administrative procedures to evaluate the application, evaluation, and grant award processes.
new text end

new text begin (c) The commissioner must award grants on a first-come, first-served basis.
new text end

new text begin (d) Grants may be awarded to an eligible applicant for:
new text end

new text begin (1) equipment that improves indoor air quality in a facility operating a shredder or
smelter;
new text end

new text begin (2) equipment that improves outdoor air quality in a facility operating a smelter; or
new text end

new text begin (3) forklifts that operate solely on electricity that replace forklifts operating solely on a
fossil fuel.
new text end

new text begin Subd. 4. new text end

new text begin Grant amounts. new text end

new text begin A grant awarded under this section may not exceed the lesser
of 90 percent of the purchase and installation costs of the applicable equipment or $500,000.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2028.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23. new text begin ELECTRONICS RECYCLING STUDY.
new text end

new text begin (a) The commissioner of the Pollution Control Agency must contract with an independent
third party to conduct a study that examines the barriers to electronics recycling and
recommends ways those barriers may be overcome. The study must, at a minimum, address:
new text end

new text begin (1) the status of end markets for materials recovered from electronics recycling;
new text end

new text begin (2) information regarding the toxicity of materials recovered from electronics recycling;
new text end

new text begin (3) ways to promote worker safety in facilities that recycle electronics;
new text end

new text begin (4) opportunities and methods to recover precious metals from electronic recycling
processes;
new text end

new text begin (5) measures to reduce emissions of greenhouse gases from electronic recycling facilities;
and
new text end

new text begin (6) how changes in product design that increase the recyclability of electronics products
can be encouraged.
new text end

new text begin (b) No later than March 1, 2025, the commissioner must submit a written report
containing the findings and recommendations of the study to the chairs and ranking minority
members of the senate and house of representatives committees with primary responsibility
over recycling.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 24. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 115A.1316, subdivisions 1, 2, and 3, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H3566-1

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.