SF 1298

4th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to environment; enacting the Minnesota
Electronics Recycling Act of 2005; providing
penalties; proposing coding for new law in Minnesota
Statutes, chapter 116H.

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

Section 1.

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

new text begin Subdivision 1. new text end

new text begin Scope. new text end

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

new text begin Subd. 2. new text end

new text begin Cathode ray tube or crt. new text end

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

new text begin Subd. 3. new text end

new text begin Computer. new text end

new text begin "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.
new text end

new text begin Subd. 4. new text end

new text begin Computer monitor. new text end

new text begin "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, desktop computer, personal computer, computer
keyboard, and computer mouse.
new text end

new text begin Subd. 5. new text end

new text begin Full truckload. new text end

new text begin "Full truckload" means a
quantity weighing 25,000 pounds or more of video display devices.
new text end

new text begin Subd. 6. new text end

new text begin Hennepin county study. new text end

new text begin "Hennepin County study"
means the Hennepin County Consumer Electronics Brand Tally,
published January 2005.
new text end

new text begin Subd. 7. new text end

new text begin Household. new text end

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

new text begin Subd. 8. new text end

new text begin Intermediate consolidation point. new text end

new text begin "Intermediate
consolidation point" means a facility in the state approved by
the Office of Environmental Assistance pursuant to section
116H.65, paragraph (g), where local governments and households
can deliver for consolidation video display devices generated by
households and destined for recycling, refurbishment, or reuse.
The facility may be operated by a private entity or a local unit
of government, and must be capable of consolidating a full
truckload of video display devices from households in accordance
with all applicable federal, state, and local laws, rules,
regulations, and ordinances.
new text end

new text begin Subd. 9. new text end

new text begin Manufacturer. new text end

new text begin "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.
new text end

new text begin Subd. 10. new text end [MANUFACTURER'S BRANDS.] new text begin "Manufacturer's brands"
means a manufacturer's name, brand name, or brand label, and all
manufacturer's names, brand names, and brand labels for which
the manufacturer has legal responsibility, including those
manufacturer's names, brand names, and brand labels of companies
that have been acquired by the manufacturer.
new text end

new text begin Subd. 11. new text end

new text begin Office. new text end

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

new text begin Subd. 12. new text end

new text begin Orphan waste. new text end

new text begin "Orphan waste" means a video
display device covered by this section for which (1) no
manufacturer can be identified, or (2) the manufacturer no
longer exists and no successor can be identified.
new text end

new text begin Subd. 13. new text end

new text begin Pro rata share. new text end

new text begin "Pro rata share" means the
percentage that is the proportion, multiplied by 100, of the
total weight of video display devices, of the manufacturer's
brands that are registered by a registrant, as required by
section 116H.60, paragraph (a), and received at intermediate
consolidation points divided by the total weight of video
display devices received at intermediate consolidation points,
as determined by the sampling program at intermediate
consolidation points pursuant to section 116H.65, paragraph
(e). The pro rata share for the first program year shall be
based on the Hennepin County study.
new text end

new text begin Subd. 14. new text end

new text begin Registrant. new text end

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

new text begin Subd. 15. new text end

new text begin Sell or sale. new text end

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

new text begin Subd. 16. new text end

new text begin Television. new text end

new text begin "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.
new text end

new text begin Subd. 17. new text end

new text begin Video display device. new text end

new text begin "Video display device"
means a computer monitor or television with a screen size
greater than eight inches measured diagonally. The term "video
display device" does not include a video display device that is
part of or contained in a motor vehicle; industrial, commercial,
or medical equipment; or any appliance.
new text end

Sec. 2.

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

new text begin (a) On and after July 1, 2006, a retailer or manufacturer
may not sell or offer for sale a new video display device to any
person in the state unless:
new text end

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

new text begin (2) the video display device is subject to a registration
filed by a registrant with the office according to this section,
with the registration effective upon receipt by the office.
new text end

new text begin (b) A retailer or manufacturer who sells or offers for sale
a new video display device to a consumer in this state must,
before initial offer for sale of the device, submit to the
office a certification that the retailer or manufacturer has
reviewed the office's Web site specified in paragraph (i), and
has determined that all new video display devices that the
retailer or manufacturer is then offering for sale are labeled
with manufacturer's brands that are subject to registration
statements filed with the office. After the initial submittal,
an updated certification must be submitted to the office
annually by July 10 of each year, and is effective as of July 1
of that year. A retailer is not responsible for an unlawful
sale under this paragraph if the registration expired or was
revoked and the retailer took possession of the video display
device prior to the expiration or revocation of the registration
and the unlawful sale occurred within six months after the
expiration or revocation.
new text end

new text begin (c) By February 1, 2006, a manufacturer of video display
devices sold to a consumer in this state must submit a
registration to the office that includes a certification that a
registrant will participate in the intermediate consolidation
point program as specified in paragraph (n) beginning July 1,
2006. A manufacturer who begins to sell or offer for sale video
display devices after February 1, 2006, and has not filed a
registration pursuant to this section must submit a registration
to the office within ten days of beginning to sell or offer for
sale video display devices to consumers in the state. The
registration is effective upon receipt by the office.
new text end

new text begin (d) The registration must list the manufacturer's brands.
The registration must be updated within ten days after a change
in the manufacturer's brands, such as in the event of an
acquisition, merger, or divestiture.
new text end

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

new text begin (f) Each manufacturer who registers under this section must
pay to the office an annual fee of $5,000, which must be
deposited in the state treasury and credited to an electronic
waste account established in the environmental fund. Money in
the electronic waste account is appropriated to the office for
the purpose of administering the program.
new text end

new text begin (g) The office shall develop procedures to administer and
implement the registration program under this section and shall
present them to the legislature by January 15, 2006.
new text end

new text begin (h) The office must review each registration and notify the
registrant if the registration does not include the information
required by this section. Within 30 days of receipt of a
notification from the office, the registrant must file with the
office a revised registration providing the information noted by
the office.
new text end

new text begin (i) The office must maintain on its Web site the names of
the registrants and the manufacturers' brands that are listed in
registrations filed with the office. The office must update the
Web site information promptly upon receipt of a new registration
or an updated registration.
new text end

new text begin (j) The obligations of a manufacturer or registrant apply
only to video display devices received from households in this
state and do not apply to video display devices received from
owners other than households.
new text end

new text begin (k) Persons who receive a video display device for
recycling, refurbishment, or reuse pursuant to a registration
may recycle, refurbish, or reuse, including resell, the video
display device. Except to the extent otherwise required by law,
they have no responsibility for any data that may be on the
video display device if an information storage device is
included with the video display device.
new text end

new text begin (l) A city, county, or other public agency may not require
households to use the intermediate consolidation point program
to recycle their video display devices to the exclusion of other
programs legally available. Nothing in this chapter prohibits
or restricts any video display recycling programs that are in
addition to those provided by manufacturers or registrants or
prohibits or restricts any persons from receiving, storing,
transporting, or recycling video display devices.
new text end

new text begin (m) By October 1 of each year, each registrant must submit
a report to the office that describes the implementation of the
program during the preceding program year. The program year is
July 1 through June 30. The first report must be submitted by
October 1, 2007. The report must:
new text end

new text begin (1) identify the total weight of the video display devices
that the registrant has arranged for pickup from intermediate
consolidation points during the preceding year, and the total
weight of video display devices that the registrant has received
from households through other methods during the preceding year
and for which the registrant has used the video display devices
to satisfy all or a portion of its pro rata share responsibility
during the preceding year; and
new text end

new text begin (2) describe the processes and methods used to recycle,
refurbish, or reuse video display devices that the registrant
has arranged for pickup from intermediate collection points
during the preceding year and that the registrant has received
from households through other methods, and for which the
registrant has used the video display devices to satisfy all or
a portion of its pro rata share responsibility during the
preceding year; and, in particular, identify any disassembly,
physical recovery operation including crushing, shredding,
grinding, or glass to glass recycling, or any other operation
that was used and describe where it took place. The report must
also discuss whether these activities included procedures
described in the United States Environmental Protection Agency's
guidelines for the environmentally sound management of
electronic equipment.
new text end

new text begin (n) Participation in the intermediate consolidation point
program requires that a registrant must:
new text end

new text begin (1) arrange for the pickup and recycling of a full
truckload or full truckloads of computer monitor video display
devices or television video display devices received by
intermediate consolidation points after July 1, 2006, up to the
registrant's pro rata share of computer monitor video display
devices or television video display devices, from intermediate
consolidation points, pursuant to procedures developed under
paragraph (g); and
new text end

new text begin (2) arrange for the pickup and recycling of the
registrant's pro rata share of orphan waste by weight from
intermediate consolidation points, pursuant to procedures
developed under paragraph (g).
new text end

new text begin (o) Registrants are responsible for the costs of pickup and
recycling of the video display devices. A registrant may
satisfy a portion or all of its pro rata share responsibility by
receipt of video display devices from households through other
methods if the registrant has not charged for the recycling,
refurbishment, or reuse of the video display devices that the
registrant has received from households in this state through
the other methods. A registrant who intends to satisfy a
portion or all of its pro rata share responsibility by receipt
of the video display devices from households through other
methods must provide the office with a report of its receipt of
video display devices through the other methods on a quarterly
basis.
new text end

new text begin (p) After receipt of the report required by paragraph (m)
to be filed on October 1, 2009, the office must review the
performance of the program and may issue performance standards
related to the number of units collected per household.
new text end

new text begin (q) All persons who recycle electronic waste that is
collected under this section must protect the health and safety
of their workers and contractors by:
new text end

new text begin (1) providing clear evidence of compliance with all state
and federal occupational safety and health laws and regulations;
new text end

new text begin (2) performing routine industrial hygiene monitoring and
quarterly reporting for all facilities for all hazardous
materials of concern, including, but not limited to, monitoring
for airborne lead and bromine, chlorine, and mercury compounds;
and
new text end

new text begin (3) performing routine human health monitoring and
quarterly reporting, in accordance with all applicable privacy
protections, for all workers and contractors, including, but not
limited to, blood testing for exposure to lead and bromine,
chlorine, and mercury compounds.
new text end

Sec. 3.

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

new text begin (a) The office must administer this chapter.
new text end

new text begin (b) The office must establish procedures for:
new text end

new text begin (1) receipt and maintenance of the registration statements
and certifications filed with the office pursuant to section
116H.60; and
new text end

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

new text begin (c) On or before December 1, 2010, and every three years
thereafter, the office must provide a report to the governor and
the legislature on the implementation of this chapter. For each
of the preceding three program years, the report must discuss
the total weight of video display devices received by all
registrants from intermediate consolidation points, the total
weight of video display devices received by each registrant from
intermediate consolidation points, the total weight of video
display devices that the registrant has received from households
through other methods during the preceding year and which the
registrant has used to satisfy all or a portion of its pro rata
share responsibility during the preceding year, and a summary of
information in the report submitted by registrants pursuant to
section 116H.60, paragraph (m). The report must also discuss
the various collection programs used to collect video display
devices and information received by the office regarding video
display devices that are not being collected by the
registrants. The report must include a description of
enforcement actions under this chapter and information about
video display devices, if any, being disposed of in landfills in
this state. The office may include in its report other
information received by the office regarding the implementation
of the chapter.
new text end

new text begin (d) The office must administer the intermediate
consolidation point program.
new text end

new text begin (e) The office must calculate pro rata shares for video
display devices on an annual program year basis for each
registrant. Pro rata shares for the first program year must be
determined by the office by May 1, 2006, using the Hennepin
County study. For each subsequent year, pro rata shares must be
determined by May 1 of the preceding year based upon an annual
sampling survey conducted by the office at intermediate
consolidation points during that preceding year. The sampling
survey must identify televisions and computer monitors
separately, and calculate the weight of televisions and computer
monitors separately. The office may provide registrants with
projections or estimates of the amount by weight of video
display devices for which the registrant may be responsible
during a given program year.
new text end

new text begin (f) The office must establish under section 116H.60,
paragraph (g), a system to coordinate among registrants pickups
from intermediate consolidation points after an intermediate
consolidation point has notified the office that a full
truckload of video display devices from households has been
consolidated. The office must provide a program year accounting
of the extent to which each registrant met its pro rata share
responsibility as established pursuant to section 116H.60,
paragraph (n), and methods for addressing amounts greater than
or less than a registrant's pro rata share responsibility that
were picked up and recycled by a registrant during the program
year.
new text end

new text begin (g) By February 1, 2006, the office must receive
applications for the establishment of intermediate consolidation
points. The director must seek to receive at least 15
applications with at least ten of the applications from outside
the metropolitan area. By April 30, 2006, the office must
establish a list of approved intermediate consolidation points
and must provide the list on its Web site. Applications for the
establishment of intermediate consolidation points must specify
any method that will be used to ensure that video display
devices will be collected only from households or that video
display devices from households will be segregated from other
video display devices. An intermediate consolidation point:
new text end

new text begin (1) may not charge a fee for household video display
devices that are delivered to it; and
new text end

new text begin (2) may charge a fee to the manufacturer picking up video
display devices for the costs of collection and storage of the
video display devices, but the fee may not exceed $5 per video
display device.
new text end

Sec. 4.

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

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

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

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

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

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

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

Sec. 5.

new text begin [116H.80] REGULATION OF CRT DEVICES.
new text end

new text begin If the United States Environmental Protection Agency adopts
regulations under the Resource Conservation and Recovery Act
regarding the handling, storage, or treatment of cathode ray
tube devices or video display devices being recycled, those
regulations are automatically effective in this state on the
same date and supersede any rules previously adopted by the
office or the Pollution Control Agency regarding the handling,
storage, or treatment of cathode ray tube devices or video
display devices being recycled.
new text end

Sec. 6.

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

new text begin This chapter shall be enforced in the manner provided by
sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072.
new text end

Sec. 7.

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

new text begin This chapter expires if a federal law, or combination of
federal laws, takes effect that is applicable to all video
display devices sold in the United States and establishes a
program for the collection and recycling or reuse of video
display devices that is applicable to all video display devices
discarded by households.
new text end