HF 3610

as introduced - 89th Legislature (2015 - 2016) Posted on 04/20/2016 12:39pm

A bill for an act
relating to environment; modifying electronic waste management; amending
Minnesota Statutes 2014, section 115A.1318, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 115A.1318, subdivision 1, is amended to
read:

Subdivision 1.

Manufacturer's responsibilities.

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

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

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

(d) A manufacturer must conduct and document due diligence assessments of
collectors and recyclers it contracts with, including an assessment of items specified
under subdivision 2. A manufacturer is responsible for maintaining, for a period of three
years, documentation that all video display devices recycled, partially recycled, or sent to
downstream recycling operations comply with the requirements of subdivision 2.

(e) A manufacturer must provide the agency with contact information for a person
who can be contacted regarding the manufacturer's activities under sections 115A.1310
to 115A.1320.

new text begin (f) A manufacturer must provide sufficient disassembly documentation, schematics,
diagnostic tools, firmware corrections, and access to service parts to enable a recycler to
restore useful covered electronic devices that are out of warranty to full function for the
devices' reuse. The information must be in the same format and terms as provided to
the manufacturer's authorized repair or refurbishment facilities. The manufacturer must
provide access to service parts for a minimum of five years following the end of production
of the covered electronic device. Fully or partially reused devices under this paragraph are
exempt from the requirements of subdivision 2. For the purposes of this paragraph:
new text end

new text begin (1) "covered electronic device" means a cell phone, computer, laptop, tablet,
e-reader, server, computer peripheral, external storage device, computer accessory such as
a pointing device, data entry device, or keyboard, external power supply, portable battery,
printer, or other media-handling device, including a multifunction device, networking or
switching device, display device, or media capture or playback device, sold or used by a
consumer in the state, but does not mean an electronic device, other than a cell phone,
with a video display smaller than nine inches; and
new text end

new text begin (2) "reuse" means to restore covered electronic devices to full function as originally
intended by the manufacturer, inclusive of any necessary repairs, replacement parts, or
improvements needed to be desirable in the secondary market such that devices are not
recycled and are diverted from the waste stream.
new text end