HF 854

5th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to environment; providing for collection, transportation, and recycling of
video display devices; providing civil penalties; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 115A.

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

Section 1.

[115A.1310] DEFINITIONS.

Subdivision 1.

Scope.

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

Subd. 2.

Cathode-ray tube or CRT.

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

Subd. 3.

Collection.

"Collection" means the aggregation of covered electronic
devices from households and includes all the activities up to the time the covered
electronic devices are delivered to a recycler.

Subd. 4.

Collector.

"Collector" means a public or private entity that receives
covered electronic devices from households and arranges for the delivery of the devices
to a recycler.

Subd. 5.

Computer.

"Computer" means an electronic, magnetic, optical,
electrochemical, or other high-speed data processing device performing logical, arithmetic,
or storage functions, but does not include an automated typewriter or typesetter, a portable
hand-held 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. Computer monitor includes a laptop computer.

Subd. 7.

Covered electronic device.

"Covered electronic device" means computers,
peripherals, facsimile machines, DVD players, video cassette recorders, and video display
devices that are sold to a household by means of retail, wholesale, or electronic commerce.

Subd. 8.

Department.

"Department" means the Department of Revenue.

Subd. 9.

Dwelling unit.

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

Subd. 10.

Household.

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

Subd. 11.

Manufacturer.

"Manufacturer" means a person who:

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

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

Subd. 12.

Peripheral.

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

Subd. 13.

Program year.

"Program year" means the period from July 1 through
June 30.

Subd. 14.

Recycler.

"Recycler" means a public or private individual or entity who
accepts covered electronic devices from households and collectors for the purpose of
recycling. A manufacturer who takes products for refurbishment or repair is not a recycler.

Subd. 15.

Recycling.

"Recycling" means the process of collecting and preparing
video display devices or covered electronic devices for use in manufacturing processes
or for recovery of useable materials followed by delivery of such materials for use.
Recycling does not include the destruction by incineration or other process or land
disposal of recyclable materials nor reuse, repair, or any other process through which
video display devices or covered electronic devices are returned to use for households in
their original form.

Subd. 16.

Recycling credits.

"Recycling credits" means the number of pounds of
covered electronic devices recycled by a manufacturer from households during a program
year, 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. The calculation and uses of recycling credits are as specified in
section 115A.1314, subdivision 1.

Subd. 17.

Retailer.

"Retailer" means a person who sells, rents, or leases, through
sales outlets, catalogs, or the Internet, a video display device to a household and not for
resale in any form.

Subd. 18.

Sell or sale.

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

Subd. 19.

Television.

"Television" means an electronic device that is a cathode-ray
tube or flat panel display primarily intended to receive video programming via broadcast,
cable, or satellite transmission or video from surveillance or other similar cameras.

Subd. 20.

Video display device.

"Video display device" means a television or
computer monitor, including a laptop computer, that contains a cathode-ray tube or a flat
panel screen with a screen size that is greater than nine inches measured diagonally and
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 unless it contains a video display area greater than nine
inches measured diagonally.

Sec. 2.

[115A.1312] REGISTRATION PROGRAM.

Subdivision 1.

Requirements for sale.

(a) On or after September 1, 2007, a
manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale a
new video display device unless:

(1) the video display device is labeled with the manufacturer's brand, which label is
permanently affixed and readily visible; and

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

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

(c) A retailer is not responsible for an unlawful sale under this subdivision if the
manufacturer's registration expired or was revoked and the retailer took possession of the
video display device prior to the expiration or revocation of the manufacturer's registration
and the unlawful sale occurred within six months after the expiration or revocation.

Subd. 2.

Manufacturer's registration.

(a) A manufacturer of video display devices
sold or offered for sale to households after September 1, 2007, must submit a registration
to the agency that includes:

(1) a list of the manufacturer's brands of video display devices offered for sale in
this state;

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

(3) a certification that the manufacturer has complied and will continue to comply
with the requirements of sections 115A.1312 to 115A.1318.

(b) By September 1, 2008, and each year thereafter, a manufacturer of video display
devices sold or offered for sale to a household must include in the registration submitted
under paragraph (a), a statement disclosing whether:

(1) any video display devices sold to households exceed the maximum concentration
values established for lead, mercury, cadmium, hexavalent chromium, polybrominated
biphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs) under the RoHS
(restricting the use of certain hazardous substances in electrical and electronic equipment)
Directive 2002/95/EC of the European Parliament and Council and any amendments
thereto; or

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

(c) A manufacturer who begins to sell or offer for sale video display devices to
households after September 1, 2007, and has not filed a registration under this subdivision
must submit a registration to the agency within ten days of beginning to sell or offer for
sale video display devices to households.

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

(e) A registration is effective upon receipt by the agency and is valid until September
1 of each year.

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

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

Subd. 3.

Collector's registration.

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

Subd. 4.

Recycler's registration.

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

Sec. 3.

[115A.1314] MANUFACTURER'S REGISTRATION FEE; CREATION
OF ACCOUNT.

Subdivision 1.

Registration fee.

(a) Each manufacturer who registers under section
115A.1312 must, by September 1, 2007, and each year thereafter, pay to the commissioner
of revenue an annual registration fee. The commissioner of revenue must deposit the fee
in the account established in subdivision 2.

(b) The registration fee for the initial program year during which a manufacturer's
video display devices are sold to households is $5,000. Each year thereafter, the
registration fee is equal to a base fee of $2,500, plus a variable recycling fee calculated
according to the formula:

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

(1) A = the number of pounds of a manufacturer's video display devices sold to
households during the previous program year, as reported to the department under section
115A.1316, subdivision 1;

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

(3) C = the number of pounds of covered electronic devices recycled by a
manufacturer from households during the previous program year, as reported to the
department under section 115A.1316, subdivision 1;

(4) D = the number of recycling credits a manufacturer elects to use to calculate the
variable recycling fee, as reported to the department under section 115A.1316, subdivision
1; and

(5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound
for manufacturers who recycle at least 50 percent but less than 90 percent of the product
(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less
than 100 percent of the product (A x B).

(c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of
pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer
may retain recycling credits to be added, in whole or in part, to the actual value of C, as
reported under section 115A.1316, subdivision 2, during any of the three succeeding
program years. A manufacturer may sell any portion or all of its recycling credits to
another manufacturer, at a price negotiated by the parties, who may use the credits in the
same manner.

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

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

Subd. 2.

Creation of account; appropriations.

(a) The electronic waste account
is established in the environmental fund. The commissioner of revenue must deposit
receipts from the fee established in subdivision 1 in the account. Any interest earned on
the account must be credited to the account. Money from other sources may be credited to
the account. Beginning in the second program year and continuing each program year
thereafter, as of the last day of each program year, the commissioner shall determine the
total amount of the variable fees that were collected. To the extent that the total fees
collected by the commissioner in connection with this section exceeds the amount the
commissioner determines necessary to operate the program for the new program year, the
commissioner shall refund on a pro rata basis, to all manufacturers who paid any fees for
the previous program year, the amount of fees collected by the commissioner in excess of
the amount necessary to operate the program for the new program year. No individual
refund is required of amounts of $100 or less for a fiscal year. Manufacturers who report
collections less than 50 percent of their obligation for the previous program year are
not eligible for a refund.

(b) Until June 30, 2009, money in the account is annually appropriated to the
Pollution Control Agency:

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

(2) to the commissioner of the Pollution Control Agency to be distributed on a
competitive basis through contracts with counties outside the 11-county metropolitan
area, as defined in paragraph (c), and with 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.

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

Sec. 4.

[115A.1316] REPORTING REQUIREMENTS.

Subdivision 1.

Manufacturer's reporting requirements.

(a) By September 1 of
each year, beginning in 2008, each manufacturer must report to the department:

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

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

(3) an estimate of the total weight of its video display devices sold to households
during the previous program year based on national sales data.

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

(b) By September 1 of each year, beginning in 2008, each manufacturer must report
to the department 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. If a manufacturer wishes to receive the variable recycling rate of
1.5 for covered electronic devices it recycles, the manufacturer must report separately the
total weight of covered electronic devices collected from households located in counties
specified in section 115A.1314, subdivision 1, paragraph (d), and those collected from
households located outside those counties.

(c) By September 1 of each year, beginning in 2008, each manufacturer must report
to the department:

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

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

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

Subd. 2.

Recycler's reporting requirements.

By August 1 of each year, beginning
in 2008, a recycler of covered electronic devices must report to the agency and the
department 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.

Subd. 3.

Collector's reporting requirements.

By August 1 of each year, beginning
in 2008, a collector must report separately to the agency the total pounds of covered
electronic devices collected in the counties specified in section 115A.1314, subdivision
1, paragraph (d), and all other Minnesota counties, and a list of all recyclers to whom
collectors delivered covered electronic devices.

Sec. 5.

[115A.1318] RESPONSIBILITIES.

Subdivision 1.

Manufacturer's responsibilities.

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

(b) A manufacturer must annually recycle or arrange for the collection and recycling
of an amount of covered electronic devices 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.

Subd. 2.

Recycler's responsibilities.

(a) As part of the report submitted under
section 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph
(b), that facilities that recycle video display devices, including all downstream recycling
operations:

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

(2) are licensed by all applicable governmental authorities;

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

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

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

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

Subd. 3.

Retailer's responsibilities.

(a) By July 1 of each year, beginning in 2008,
a retailer must report to a manufacturer the number of video display devices, by video
display device model, labeled with the manufacturer's brand sold to households during the
previous program year.

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

Sec. 6.

[115A.1320] AGENCY AND DEPARTMENT DUTIES.

Subdivision 1.

Duties of the agency.

(a) The agency shall administer sections
115A.1310 to 115A.1330.

(b) The agency shall establish procedures for:

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

(2) making the statements and certifications easily available to manufacturers,
retailers, and members of the public.

(c) The agency shall annually review the value of the following variables that are
part of the formula used to calculate a manufacturer's annual registration fee under section
115A.1314, subdivision 1:

(1) the proportion of sales of video display devices sold to households that
manufacturers are required to recycle;

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

(3) the base registration fee; and

(4) the multiplier established for the weight of covered electronic devices collected
in section 115A.1314, subdivision 1, paragraph (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 in the
account 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.

(d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
sales of video display devices sold to households by each manufacturer during the
preceding program year, based on national sales data, and forward the estimates to the
department.

(e) The agency shall manage the account established in section 115A.1314,
subdivision 2. If the revenues in the account exceed the amount that the agency determines
is necessary for efficient and effective administration of the program, including any
amount for contingencies, the agency must recommend to the legislature that the base
registration fee, the proportion of sales of video display devices required to be recycled,
or the estimated per pound cost of recycling established under section 115A.1314,
subdivision 1, paragraph (b), or any combination thereof, be lowered in order to reduce
revenues collected in the subsequent program year by the estimated amount of the excess.

(f) On or before December 1, 2010, and each year thereafter, the agency shall provide
a report to the governor and the legislature on the implementation of sections 115A.1310
to 115A.1330. For each program year, the report must discuss the total weight of covered
electronic devices recycled and a summary of information in the reports submitted by
manufacturers and recyclers under section 115A.1316. The report must also discuss the
various collection programs used by manufacturers to collect covered electronic devices;
information regarding covered electronic devices that are being collected by persons other
than registered manufacturers, collectors, and recyclers; and information about covered
electronic devices, if any, being disposed of in landfills in this state. The report must
include a description of enforcement actions under sections 115A.1310 to 115A.1330.
The agency may include in its report other information received by the agency regarding
the implementation of sections 115A.1312 to 115A.1330.

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

(h) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
provisions enforced by the department, as provided in subdivision 2. The agency may
revoke a registration of a collector or recycler found to have violated sections 115A.1310
to 115A.1330.

(i) 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.

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

(k) The agency shall post on its Web site the contact information provided by each
manufacturer under section 115A.1318, paragraph (e).

Subd. 2.

Duties of the department.

(a) The department 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 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 according to the formula in section 115A.1314, subdivision 1.

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

(1) data provided by a manufacturer on sales of video display devices to households,
including documentation describing how that amount was calculated and certification that
the amount is accurate; or

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

The department must use the data specified in this subdivision to review each
manufacturer's annual registration fee submitted to the department to ensure that the fee
was calculated accurately according to the formula in section 115A.1314, subdivision 1.

(c) The department must enforce section 115A.1314, subdivision 1. The audit,
assessment, appeal, collection, enforcement, disclosure, and other administrative
provisions of chapters 270B, 270C, and 289A that apply to the taxes imposed under
chapter 297A apply to the fee imposed under section 115A.1314, subdivision 1. To
enforce this subdivision, the commissioner of revenue may grant extensions to pay,
and impose and abate penalties and interest on, the fee due under section 115A.1314,
subdivision 1, in the manner provided in chapters 270C and 289A as if the fee were a
tax imposed under chapter 297A.

(d) The department may disclose nonpublic data to the agency only when necessary
for the efficient and effective administration of the activities regulated under sections
115A.1310 to 115A.1330. Any data disclosed by the department to the agency retains the
classification it had when in the possession of the department.

Sec. 7.

[115A.1322] OTHER RECYCLING PROGRAMS.

A city, county, or other public agency may not require households to use public
facilities to recycle their covered electronic devices to the exclusion of other lawful
programs available. Cities, counties, and other public agencies, including those awarded
contracts by the agency under section 115A.1314, subdivision 2, are encouraged to work
with manufacturers to assist them in meeting their recycling obligations under section
115A.1318, subdivision 1. Nothing in sections 115A.1310 to 115A.1330 prohibits or
restricts the operation of any program recycling covered electronic devices in addition
to those provided by manufacturers or prohibits or restricts any persons from receiving,
collecting, transporting, or recycling covered electronic devices, provided that those
persons are registered under section 115A.1312.

Sec. 8.

[115A.1323] ANTICOMPETITIVE CONDUCT.

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

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

Sec. 9.

[115A.1324] REQUIREMENTS FOR PURCHASES BY STATE
AGENCIES.

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

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

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

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

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

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

Sec. 10.

[115A.1326] REGULATION OF VIDEO DISPLAY DEVICES.

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

Sec. 11.

[115A.1328] MULTISTATE IMPLEMENTATION.

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

Sec. 12.

[115A.1330] LIMITATIONS.

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

Sec. 13. DIRECT APPROPRIATION.

Prior to the governor making budget recommendations to the legislature in 2009,
the Pollution Control Agency must report on revenues received and expenditures made
under Minnesota Statutes, section 115A.1314, subdivision 2, during fiscal years 2008 and
2009 and request the governor to recommend a direct appropriation for the purposes
of that section.

Sec. 14. EFFECTIVE DATE.

Sections 1 to 13 are effective the day following final enactment.