SF 1427

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/30/2016 09:49am

A bill for an act
relating to environment; modifying electronic waste management provisions;
amending Minnesota Statutes 2014, sections 115A.1310, subdivisions 7, 14, 15,
20, by adding a subdivision; 115A.1312; 115A.1314; 115A.1316; 115A.1318;
115A.1320; 115A.1323; 115A.1328; repealing Minnesota Statutes 2014, section
115A.1310, subdivisions 8, 12.

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

Section 1.

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

Subd. 7.

Covered electronic device.

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

Sec. 2.

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

new text begin Subd. 12a. new text end

new text begin Portable battery. new text end

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

Sec. 3.

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

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. deleted text begin A manufacturer who takes products for refurbishment or repair is not a recycler.
deleted text end

Sec. 4.

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

Subd. 15.

Recycling.

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

Sec. 5.

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

Subd. 20.

Video display device.

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

(1) a deleted text begin video deleted text end display deleted text begin device deleted text end that is part of a motor vehicle or any component part of a
motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including
replacement parts for use in a motor vehicle;

(2) a deleted text begin video deleted text end display deleted text begin device deleted text end , including a touch-screen display, that is functionally or
physically part of a larger piece of equipment or is designed and intended for use in an
industrial; commercial, including retail; library checkout; traffic control; kiosk; security,
other than household security; border control; or medical setting, including diagnostic,
monitoring, or control equipment;

(3) a deleted text begin video deleted text end display deleted text begin device deleted text end that is contained within a clothes washer, clothes dryer,
refrigerator, refrigerator and freezer, microwave oven, conventional oven or range,
dishwasher, room air conditioner, dehumidifier, or air purifier; or

(4) a telephone of any type deleted text begin unless it contains a video display area greater than nine
inches measured diagonally deleted text end .

Sec. 6.

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

115A.1312 REGISTRATION PROGRAM.

Subdivision 1.

Requirements for sale.

(a) On or after September 1, 2007, a
manufacturer new text begin of video display devices new text end 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 new text begin in the state new text end 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 deleted text begin September 1, 2008 deleted text end new text begin October 1, 2016 new text end , and each year thereafter, a manufacturer
of video display devices sold or offered for sale to a household must include in the
registration submitted under paragraph (a), a statement disclosing whether:

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

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

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

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

(e) A registration is effective upon receipt by the agency and is valid until deleted text begin September deleted text end new text begin
October new text end 1 of each year.

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

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

Subd. 3.

Collector's registration.

After August 1, 2007, no person may operate
as a collector of covered electronic devices from households unless that person has
submitted a registration with the agency on a form prescribed by the commissioner.
Registration information must include the name, address, telephone number, and location
of the business and a certification that the collector has complied and will continue to
comply with the requirements of sections 115A.1312 to 115A.1318 new text begin and any regulations
adopted by a local government unit for the jurisdiction in which the collector operates. A
collector must indicate any end-of-life fees that will be charged at the collection point new text end . A
registration is effective upon receipt by the agency and is valid until July 1 of each year.

Subd. 4.

Recycler's registration.

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

Sec. 7.

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

115A.1314 MANUFACTURER'S REGISTRATION FEE.

Subdivision 1.

Registration fee.

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

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

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

(1) deleted text begin 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 deleted text end new text begin the
manufacturer's recycling obligation as determined by the agency new text end under section deleted text begin 115A.1316,
subdivision 1 deleted text end new text begin 115A.1320 new text end ;

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

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

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

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

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

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

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

Subd. 2.

Use of registration fees.

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

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

(2) grants to counties outside the 11-county metropolitan area, as defined in
paragraph (b), and to private entities that collect for recycling 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.

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

Sec. 8.

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

115A.1316 REPORTING REQUIREMENTS.

Subdivision 1.

Manufacturer's reporting requirements.

(a) By deleted text begin September deleted text end new text begin October new text end
1 of each year, beginning in deleted text begin 2008 deleted text end new text begin 2016 new text end , each manufacturer new text begin of video display devices new text end must
report to the deleted text begin department deleted text end new text begin agency using the form prescribed by the commissioner new text end :

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

(2) the total weight of its video display devices sold to households during the
previous new text begin calendar new text end year; or

(3) an estimate of the total weight of its video display devices sold to households
during the previous deleted text begin program deleted text end new text begin calendar new text end year, calculated by multiplying the weight of its
video display devices sold nationally times the quotient of Minnesota's population divided
by the national population. new text begin All manufacturers with sales of 100 or fewer video display
devices to households in the state during the previous calendar year must report using the
method under this clause for calculating sales.
new text end

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

(b) By deleted text begin September deleted text end new text begin October new text end 1 of each year, beginning in deleted text begin 2008 deleted text end new text begin 2016 new text end , each
manufacturer must report to the deleted text begin department deleted text end new text begin agency new text end the total weight of covered electronic
devices the manufacturer collected from households and recycled or arranged to have
collected and recycled during the preceding program year. deleted text begin 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.
deleted text end

(c) By deleted text begin September deleted text end new text begin October new text end 1 of each year, beginning in deleted text begin 2008 deleted text end new text begin 2016 new text end , each manufacturer
must report to the deleted text begin department deleted text end new text begin agency new text end :

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

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

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

Subd. 2.

Recycler's reporting requirements.

By deleted text begin August deleted text end new text begin October new text end 1 of each year,
beginning in deleted text begin 2008 deleted text end new text begin 2016 new text end , a recycler of covered electronic devices must report to the agency
deleted text begin and the department deleted text end new text begin :
new text end

new text begin (1) new text end the total weight of covered electronic devices new text begin and an estimate of the weight of
video display devices new text end recycled during the preceding program year and must certify that
the recycler has complied with section 115A.1318, subdivision 2 deleted text begin . deleted text end new text begin ; and
new text end

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

Subd. 3.

Collector's reporting requirements.

By deleted text begin August deleted text end new text begin October new text end 1 of each year,
beginning in deleted text begin 2008 deleted text end new text begin 2016 new text end , a collector must report separately to the agency new text begin :
new text end

new text begin (1) new text end 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 deleted text begin , and deleted text end new text begin ;
new text end

new text begin (2) new text end a list of all recyclers to whom collectors delivered covered electronic devices deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) whether the collector had a contract with a recycler or manufacturer to provide
pounds toward meeting a manufacturer's obligation.
new text end

Sec. 9.

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

115A.1318 RESPONSIBILITIES.

Subdivision 1.

Manufacturer's responsibilities.

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

(b) A manufacturer must annually recycle or arrange for the collection and recycling
of an amount of covered electronic devices deleted text begin 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 deleted text end new text begin as determined by the agency in new text end section 115A.1320 deleted text begin , subdivision 1, paragraph (c) deleted text end .

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

(d) A manufacturer must conduct and document due diligence assessments of
collectors and recyclers it contracts with, including an assessment of items specified under
subdivision 2. A manufacturer is responsible for maintaining, for a period of three years,
documentation that all deleted text begin video display deleted text end new text begin covered electronic new text end 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) Only the covered electronic devices that are recycled by a registered recycler that
secures and maintains certification to an environmentally sound management standard
through an accredited third-party certification body are eligible to meet the manufacturer's
obligation.
new text end

new text begin Subd. 1a. new text end

new text begin Collector's responsibilities. new text end

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

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

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

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

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

Subd. 2.

Recycler's responsibilities.

(a) As part of the report submitted under
section 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph
(b), that facilities that recycle deleted text begin video display deleted text end new text begin covered electronic new text end 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 deleted text begin video display deleted text end new text begin covered electronic new text end 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 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. 10.

Minnesota Statutes 2014, 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 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 deleted text begin value of the deleted text end following variables that are
deleted text begin part of the formula deleted text end used to calculate a manufacturer's annual registration fee deleted text begin under section
115A.1314, subdivision 1 deleted text end :

(1) deleted text begin the proportion of sales of video display devices sold to households that
manufacturers are required to recycle deleted text end new text begin the obligation-setting mechanism for manufacturers
as specified under paragraph (g) new text end ;

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

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

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

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

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

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

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

deleted text begin (e) deleted text end new text begin (h) new text end The agency shall provide a report to the governor and the legislature on
the implementation of sections 115A.1310 to 115A.1330. For each program year,
the report must discuss the total weight of covered electronic devices recycled 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. The report must be done in conjunction with the report required
under section 115A.121.

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

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

deleted text begin (h) deleted text end new text begin (k) new text end The agency shall facilitate communication between counties, collection and
recycling centers, and manufacturers to ensure that manufacturers are aware of deleted text begin video
display deleted text end new text begin covered electronic new text end devices available for recycling.

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

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

Subd. 2.

new text begin Additional new text end duties deleted text begin of department deleted text end .

(a) The deleted text begin department deleted text end new text begin agency new text end must collect
the data submitted to it annually by each manufacturer on the total weight of each specific
model of video display device sold to households, if provided; the total weight of video
display devices sold to households; the total weight of covered electronic devices collected
from households that are recycled; and data on recycling credits, as required under section
115A.1316. The deleted text begin department deleted text end new text begin agency new text end must use this data to review each manufacturer's
annual registration fee deleted text begin submitted to the department deleted text end to ensure that the fee was calculated
accurately deleted text begin according to the formula in section 115A.1314, subdivision 1 deleted text end .

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

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

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

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

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

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

Sec. 11.

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

115A.1323 ANTICOMPETITIVE CONDUCT.

(a) A manufacturer that organizes collection or recycling under deleted text begin this section deleted text end new text begin sections
115A.1310 to 115A.1322 new text end is authorized to engage in anticompetitive conduct to the extent
necessary to plan and implement its chosen organized collection 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 deleted text begin this section deleted text end new text begin sections 115A.1310 to 115A.1322 new text end 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. 12.

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

115A.1328 MULTISTATE IMPLEMENTATION.

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

Sec. 13. new text begin REPEALER.
new text end

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

Sec. 14. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2016.
new text end