SF 1427

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/31/2016 08:51am

A bill for an act
relating to environment; modifying electronic waste management provisions;
amending Minnesota Statutes 2014, sections 115A.1310, subdivisions 16, 20, by
adding a subdivision; 115A.1312, subdivisions 2, 3, 4; 115A.1314, as amended;
115A.1316; 115A.1318, subdivisions 1, 2, by adding a subdivision; 115A.1320;
115A.1323; 115A.1328; repealing Minnesota Statutes 2014, section 115A.1310,
subdivision 8.

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

Section 1.

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 rechargeable battery
as defined in section 115A.9157.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 2.

Minnesota Statutes 2014, section 115A.1310, subdivision 16, is amended to read:

Subd. 16.

Recycling credits.

"Recycling credits" means the number of pounds of
covered electronic devices recycled by a manufacturer from households during deleted text begin a deleted text end program
deleted text begin year deleted text end new text begin years one through nine new text end , 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 3.

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

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 deleted text begin greater than nine deleted text end new text begin seven new text end inches new text begin or greater new 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 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 4.

Minnesota Statutes 2014, section 115A.1312, subdivision 2, is amended to read:

Subd. 2.

Manufacturer's registration.

(a) new text begin By August 15 each year, new text end a manufacturer
of video display devices sold or offered for sale to households deleted text begin after September 1, 2007, deleted text end new text begin in
the state new text end 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) deleted text begin By September 1, 2008, and each year thereafter, deleted text end 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 deleted text begin September 1, 2007 deleted text end new text begin August 15, 2016 new text end , 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
1 of deleted text end new text begin August 15 new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 5.

Minnesota Statutes 2014, section 115A.1312, subdivision 3, is amended to read:

Subd. 3.

Collector's registration.

deleted text begin After August 1, 2007, deleted text end No person may operate as a
collector of covered electronic devices from households unless that person has submitted a
registration with the agency new text begin by July 15 each year new text end 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 deleted text begin 1 of deleted text end new text begin 15 new text end each year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 6.

Minnesota Statutes 2014, section 115A.1312, subdivision 4, is amended to read:

Subd. 4.

Recycler's registration.

deleted text begin After August 1, 2007, deleted text end No person may recycle
video display devices generated by households unless that person has submitted
a registration with the agency new text begin by July 15 each year new text end 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 deleted text begin may deleted text end new text begin must new text end conduct recycling
activities that are consistent with this chapter. A registration is effective upon receipt by
the agency and is valid until July deleted text begin 1 of deleted text end new text begin 15 new text end each year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 7.

Minnesota Statutes 2014, section 115A.1314, as amended by Laws 2015, First
Special Session chapter 4, article 4, section 106, 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, and deleted text end new text begin August 15 new text end each year deleted text begin thereafter deleted text end , pay to the
commissioner of revenue new text begin , until June 30, 2017, and to the commissioner of the Pollution
Control Agency thereafter, new text end an annual registration fee. The deleted text begin commissioner of revenue deleted text end new text begin
fee new text end must deleted text begin deposit the fee deleted text end new text begin be deposited new text end in the state treasury and deleted text begin credit the fee deleted text end new text begin credited new text end to
the environmental fund.

(b) The registration fee new text begin for manufacturers that sell 100 or more 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 variable recycling fee is new text end calculated according
to the formula:

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

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

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

deleted text begin (5) E deleted text end new text begin D 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
recycling 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 recycling obligation new text end ; deleted text begin and deleted text end $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 recycling obligation; and $0.00 per pound for
manufacturers who recycle 100 percent or more of the manufacturer's recycling obligation new text end .

(c) deleted text begin 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 succeeding program year,
provided that deleted text end 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

deleted text begin (f) For the ninth program year, the agency shall publish a statewide recycling goal of
16,000,000 pounds.
deleted text end

deleted text begin (g) For the ninth program year, the agency shall determine each registered
manufacturer's market share of video display devices to be collected and recycled based
on the manufacturer's percentage share of the total weight of video display devices sold
as reported to the Department for the eighth program year as reported to the agency by
July 15, 2015. By July 30, 2015, the agency shall provide each manufacturer with a
determination of its 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 in the eighth program year, divided by the total weight of all manufacturers'
video display devices sold to households in this state based on reporting to the agency for
the eighth program year, then applied proportionally to the statewide recycling goal of
16,000,000 pounds as specified in paragraph (f).
deleted text end

deleted text begin (h) If a manufacturer's obligation for the recycling of video display devices as
determined in paragraph (b), clauses (1) and (2), by weight is higher than the obligation
determined by the agency in paragraph (g), then the higher number is the obligation for
program year nine.
deleted text end

deleted text begin (i) For the ninth program year, a manufacturer that did not report sales data to the
department for the eighth or ninth program years shall be subject to a recycling obligation
that is equal to 80 percent by weight of the manufacturer's video display devices sold
to households.
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, including deleted text begin transfer to the
commissioner of revenue to carry out the department's duties under section 115A.1320,
subdivision 2, and deleted 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

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 1 of
deleted text end new text begin August 15 new text end each year, deleted text begin beginning in 2008, deleted text end each manufacturer must report to the Department
new text begin of Revenue, until June 30, 2017, and to the agency thereafter, using the form prescribed new text end :

(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 new text begin program new text end year; or

(3) an estimate of the total weight of its video display devices sold to households
during the previous program 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 99 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 1 of deleted text end new text begin August 15 new text end each year, deleted text begin beginning in 2008, deleted text end each manufacturer
must report to the Department new text begin of Revenue, until June 30, 2017, and to the agency
thereafter, 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 1 of deleted text end new text begin August 15 new text end each year, deleted text begin beginning in 2008, deleted text end each manufacturer
must report to the Department new text begin of Revenue, until June 30, 2017, and to the agency thereafter 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 1 of deleted text end new text begin July 15 new text end each year,
deleted text begin beginning in 2008, deleted 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 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 ;
new text end

new text begin (2) the weight of video display devices recycled as part of covered electronic devices
recycled during the previous program year; and
new text end

new text begin (3) an estimate of 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 1 of deleted text end new text begin July 15 new text end each year,
deleted text begin beginning in 2008, deleted text end a collector must report separately to the agency new text begin using the form
prescribed by the commissioner:
new text end

new text begin (1) new text end the total pounds of covered electronic devices collected in the deleted text begin counties specified
in section 115A.1314, subdivision 1, paragraph (d), and all other Minnesota counties,
and deleted text end new text begin state;
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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 9.

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

Subdivision 1.

Manufacturer's responsibilities.

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

(b) A manufacturer must annually recycle or arrange for the collection and recycling
of an amount of deleted text begin covered electronic deleted text end new text begin video display new text end 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, deleted text end as deleted text begin established
deleted text end new text begin determined new text end by the agency deleted text begin under deleted text end new text begin in new text end section 115A.1320, subdivision 1 deleted text begin , paragraph (c) deleted text end . new text begin A
manufacturer must assume all financial responsibility associated with transporting and
recycling video display devices, including any necessary supplies. This excludes costs that
are associated with receiving and aggregating covered electronic devices from households
and all the activities up to the time that covered electronic devices are transported to a
recycler or arranged for transportation to a recycler.
new text end

(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 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 is certified by an ANSI-ASQ National Accreditation Board-accredited third-party
certification body to an environmentally sound management standard are eligible to meet
the manufacturer's obligation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 10.

Minnesota Statutes 2014, section 115A.1318, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Collector's responsibilities. new text end

new text begin (a) A collector must turn over all covered
electronic devices to the recycler or manufacturer or group of manufacturers unless
otherwise agreed upon by the recycler or manufacturer.
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 devices or covered
electronic devices by product type accepted per customer per day or per delivery at a
collection site or service.
new text end

new text begin (d) A collector must use only registered recyclers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 11.

Minnesota Statutes 2014, section 115A.1318, subdivision 2, is amended to read:

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) new text begin use only registered collectors;
new text end

new text begin (2) new text end comply with all applicable health, environmental, safety, and financial
responsibility regulations;

deleted text begin (2) deleted text end new text begin (3) new text end are licensed by all applicable governmental authorities;

deleted text begin (3) deleted text end new text begin (4) new text end use no prison labor to recycle video display devices; deleted text begin and
deleted text end

deleted text begin (4) deleted text end new text begin (5) new text end possess liability insurance of not less than $1,000,000 for environmental
releases, accidents, and other emergencies deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) provide a report annually to each registered collector regarding the video display
devices received from that entity; and
new text end

new text begin (7) do not charge collectors for the management of video display devices unless
otherwise mutually agreed upon.
new text end

(b) A nonprofit corporation that contracts with a correctional institution to refurbish
and reuse donated computers in schools is exempt from paragraph (a), clauses deleted text begin (3) and
deleted text end (4) new text begin and (5) new text end .

(c) Except to the extent otherwise required by law new text begin and unless agreed upon otherwise
by the recycler or manufacturer new text end , a recycler has no responsibility for any data that may
be contained in a covered electronic device if an information storage device is included
in the covered electronic device.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 12.

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 under section
115A.1314, subdivision 1:

(1) the deleted text begin proportion of sales of video display devices sold to households that
deleted text end new text begin obligation-setting mechanism for new text end manufacturers deleted text begin are required to recycle deleted text end new text begin 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 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 deleted text begin January 15 deleted text end new text begin September 1 new text end each year, deleted text begin beginning in 2008, deleted text end the agency shall
deleted text begin calculate estimated sales of deleted text end new text begin publish a statewide recycling goal for all new text end video display deleted text begin devices
sold to households by each manufacturer during the preceding program year, based on
national sales data, and forward the estimates to the department. deleted text end new text begin device waste that is the
weight of all video display devices collected for recycling during each of the three most
recently completed program years excluding the most recently concluded program year
divided by two. For the program years beginning July 1, 2016, July 1, 2017, and July 1,
2018, the agency shall use an estimate of the weight of video display devices collected
using available data from public entity collection programs.
new text end

new text begin (f) By September 1 each year, the agency shall determine each registered
manufacturer's market share of video display devices to be collected and recycled based
on the manufacturer's percentage share of the total weight of video display devices sold as
reported to the agency by August 15 each year.
new text end

new text begin (g) By September 1 each year, the agency shall provide each manufacturer with a
determination of the manufacturer's share of video display devices to be collected and
recycled. A manufacturer's market share of video display devices as specified in paragraph
(f) is applied proportionally to the statewide recycling goal as specified in paragraph (e) to
determine an individual manufacturer's obligation.
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. new text begin The report must examine which covered electronic
devices, based on economic and environmental considerations, should be subject to the
obligation-setting mechanism under paragraph (g). new text end 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 video
display 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 new text begin , subdivision 1 new text end , 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 submitted to the deleted text begin department deleted text end new text begin agency new 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 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 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 submitted to the deleted text begin department deleted text end new text begin agency new text end to ensure that the
fee was calculated accurately according to the formula in section 115A.1314, subdivision 1.

(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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 13.

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 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 115A.1310, subdivision 8, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end