SF 3940

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/06/2024 04:25pm

A bill for an act
relating to solid waste; establishing program to collect and recycle electronic waste;
creating an account; requiring a report; requiring rulemaking; appropriating money;
amending Minnesota Statutes 2022, section 115A.121; proposing coding for new
law in Minnesota Statutes, chapter 115A; repealing Minnesota Statutes 2022,
sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 12b, 12c,
13, 14, 15, 17, 18, 19, 20; 115A.1312; 115A.1314; 115A.1316; 115A.1318;
115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328;
115A.1330.

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

Section 1.

Minnesota Statutes 2022, section 115A.121, is amended to read:

115A.121 TOXICS AND POLLUTION PREVENTION EVALUATION;
CONSOLIDATED REPORT.

The commissioner shall prepare and adopt a report on pollution prevention activities
required in chapters 115A, 115D, and 325E. deleted text begin The report must include activities required
under section 115A.1320. deleted text end The commissioner must submit the report to the senate and house
of representatives committees having jurisdiction over environment and natural resources
by December 31, 2013, and every four years thereafter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 2.

new text begin [115A.1331] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 115A.1331 to 115A.1340, the following terms have the
meanings given.
new text end

new text begin (b) "Collector" means a public or private entity registered with the agency under section
115A.1332 to collect or receive discarded electronics recyclables and arrange for their
delivery to a transporter or recycler.
new text end

new text begin (c) "Electronics recyclable" means a product that is powered by, generates, stores, or
conducts electricity. Electronics recyclable does not include:
new text end

new text begin (1) an electric vehicle, as defined in section 169.011, subdivision 26a;
new text end

new text begin (2) industrial machinery;
new text end

new text begin (3) a major appliance;
new text end

new text begin (4) a solar photovoltaic panel;
new text end

new text begin (5) real property or fixtures; or
new text end

new text begin (6) a lead-acid battery.
new text end

new text begin (d) "Manufacturer" means a person who:
new text end

new text begin (1) manufactures electronics recyclables to be sold under its own brand as identified by
its own brand label; or
new text end

new text begin (2) sells electronics recyclables manufactured by others under its own brand as identified
by its own brand label.
new text end

new text begin (e) "Recycle":
new text end

new text begin (1) means to:
new text end

new text begin (i) disassemble, dismantle, or shred electronics recyclables to recover certain materials
or salvage components of electronics recyclables for use in new products; and
new text end

new text begin (ii) deliver the materials or components for further processing or use; and
new text end

new text begin (2) does not include:
new text end

new text begin (i) the destroying by incineration or other process or land disposal of recyclable materials
retrieved from electronics recyclables;
new text end

new text begin (ii) reuse;
new text end

new text begin (iii) repair; or
new text end

new text begin (iv) any other process through which electronics recyclables prepared to be reused in
their original form.
new text end

new text begin (f) "Recycler" means a person registered with the agency under section 115A.1333 to
conduct recycling on electronics recyclables. Recycler does not mean a person whose sole
operation with respect to electronics recyclables is to manually dismantle them.
new text end

new text begin (g) "Refurbished" means a used electronics recyclable that was recycled or returned to
the manufacturer, then tested and, if necessary, repaired by the manufacturer or a third party
before being sold again.
new text end

new text begin (h) "Retailer" means a person who offers an electronics recyclable for sale in the state.
Retailer does not include:
new text end

new text begin (1) a person who exclusively offers for sale in the state electronics recyclables whose
purchase price does not exceed $30; or
new text end

new text begin (2) a person whose sales of electronics recyclables in the state in the preceding calendar
year was less than $.......
new text end

new text begin (i) "Reuse" means:
new text end

new text begin (1) repairing, refurbishing, or enhancing an electronics recyclable so that it can be offered
for sale for the same purpose for which it was originally manufactured; or
new text end

new text begin (2) offering for sale a discarded electronics recyclable or any of its components that
have not undergone repair, refurbishment, or enhancement.
new text end

new text begin (j) "Transporter" means a person that transports discarded electronics recyclables from
a collector to a recycler.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 3.

new text begin [115A.1332] COLLECTOR REGISTRATION.
new text end

new text begin (a) A person may not operate as a collector of electronics recyclables unless the person
registers with the agency by July 15 each year on a form prescribed by the commissioner.
Registration information must include certification that the collector has complied and will
continue to comply with sections 115A.1331 to 115A.1340 and any regulations adopted by
a local government unit in the jurisdiction in which the collector operates. Registration is
effective upon receipt by the agency and is valid until July 15 each year.
new text end

new text begin (b) The commissioner may deny or revoke a registration under this section if the
commissioner determines that an excessive number of collectors would or does exist in a
given geographical area such that, based on the area's population and the expected level of
electronics recyclables to be collected from the area, the number of collectors is likely to
put at risk the economic viability of one or more collectors in that area.
new text end

new text begin (c) A person registered as a collector under this section may also register as a recycler
under section 115A.1333 if the person conducts both activities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 4.

new text begin [115A.1333] RECYCLER REGISTRATION.
new text end

new text begin A person may not operate as a recycler of electronics recyclables unless the person
registers with the agency by July 15 each year on a form prescribed by the commissioner.
Registration information must include certification that the collector:
new text end

new text begin (1) has complied and will continue to comply with sections 115A.1331 to 115A.1340;
new text end

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

new text begin (3) is licensed by all applicable governmental authorities;
new text end

new text begin (4) uses no prison labor to recycle electronics recyclables; and
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 5.

new text begin [115A.1334] DENIAL OF REGISTRATION.
new text end

new text begin The commissioner may deny a registration under section 115A.1332 or 115A.1333 if
the collector, the recycler, or an employee or officer of the collector or recycler has, as
determined by the commissioner, a history of:
new text end

new text begin (1) repeated violations of federal, state, or local laws, regulations, standards, or ordinances
related to collecting, recycling, or otherwise managing electronics recyclables;
new text end

new text begin (2) gross carelessness or incompetence in handling, storing, processing, transporting,
disposing of, or otherwise managing electronics recyclables; or
new text end

new text begin (3) conviction of a felony in a federal or state court for forgery, official misconduct,
bribery, perjury, or knowingly submitting false information under any environmental law,
regulation, or permit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 6.

new text begin [115A.1335] RECYCLING FEE.
new text end

new text begin (a) A manufacturer of electronics recyclables must add a recycling fee equal to 4.4
percent of the manufacturer's wholesale price of each electronics recyclable sold to a
wholesaler, distributor, or retailer that is to be offered for sale in the state.
new text end

new text begin (b) The recycling fee may not be applied to a previously owned or refurbished electronics
recyclable.
new text end

new text begin (c) A manufacturer of an electronics recyclable must each month remit the recycling fee
for each electronics recyclable sold in the state to the commissioner in a manner prescribed
by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 7.

new text begin [115A.1336] ELECTRONIC WASTE RECYCLING ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established. new text end

new text begin An electronic waste recycling account is established
in the special revenue fund in the state treasury. Recycling fees remitted to the commissioner
under section 115A.1335 must be deposited in the state treasury and credited to the account.
Any money appropriated or transferred to the account and any earnings, such as interest,
dividends, and any other earnings arising from assets of the account, must be credited to
the account. The commissioner must manage the account. Money in the account is
appropriated to the commissioner to administer the electronic waste recycling program
under sections 115A.1331 to 115A.1342.
new text end

new text begin Subd. 2. new text end

new text begin Use of money. new text end

new text begin (a) Beginning in fiscal year 2026 and continuing through fiscal
year 2028, the commissioner must allocate $1,000,000 of money in the account each year
to award grants under section 115A.1342 and to reimburse the agency for its costs to
administer section 115.1342. Unexpended money allocated under this paragraph remains
available for the purposes of this paragraph until June 30, 2028, and after June 30, 2028, is
available for other purposes specified in this subdivision.
new text end

new text begin (b) The balance of the account must be used to:
new text end

new text begin (1) reimburse collectors' costs under the electronic waste recycling program according
to section 115A.1337; and
new text end

new text begin (2) reimburse the agency's reasonable costs to administer and enforce sections 115A.1331
to 115A.1340, not to exceed three percent of the balance in the account at the end of the
month in which the agency submits a reimbursement request, excluding the amount set
aside for the purposes of paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Financial reserve limit. new text end

new text begin (a) The commissioner must not maintain a financial
reserve in the account established under this section in excess of 75 percent of the agency's
average annual expenses required to implement sections 115A.1331 to 115A.1342.
new text end

new text begin (b) If the financial reserve at any time exceeds 75 percent of the agency's annual expenses
to implement sections 115A.1331 to 115A.1342, the commissioner must reduce the recycling
fee under section 115A.1335 for the following year to a level that results in compliance
with this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 8.

new text begin [115A.1337] COLLECTOR REIMBURSEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Collectors' invoices. new text end

new text begin Each quarter, a collector may submit a
reimbursement request to the commissioner, on a form and in a manner prescribed by the
commissioner, with information and supporting material documenting the following
reimbursable costs incurred during the previous quarter under sections 115A.1331 to
115A.1340:
new text end

new text begin (1) the costs of collecting electronics recyclables that are transported for recycling;
new text end

new text begin (2) the costs of transporting electronics recyclables to recyclers, as evidenced by invoices
from transporters; and
new text end

new text begin (3) costs to recycle electronics recyclables, as evidenced by invoices from recyclers.
new text end

new text begin Subd. 2. new text end

new text begin Agency review; reimbursement. new text end

new text begin (a) The commissioner must review the
information submitted by collectors under subdivision 1 within ... days of receipt. The
commissioner may request additional information or documentation from a collector.
new text end

new text begin (b) In determining the reasonableness of the cost information submitted by a collector
under subdivision 1, the commissioner must compare the reported costs of collection,
transportation, and recycling with those of other collectors, including collectors operating
in the same geographic region, and must consider the extent to which significant deviations
from the average cost are justified as a result of low population density, distance to recyclers,
or other relevant factors.
new text end

new text begin (c) The commissioner may accept, reject, or modify the requested cost reimbursement
amount submitted by a collector and must provide a collector with written notice of the
reasons for any rejection or modification of the collector's requested cost reimbursement
amount.
new text end

new text begin (d) Reimbursements to collectors under this subdivision must be made only for the
amount of collected electronics recyclables that is transported to a recycler.
new text end

new text begin (e) Within ... days of receipt of a collector's reimbursement request, the commissioner
must issue payment to the collector for the amount the commissioner determines to be
reasonable, plus $....... per pound of electronics recyclables recycled.
new text end

new text begin (f) A person registered as both a collector under section 115A.1332 and a recycler under
section 115A.1333 may not be reimbursed for collection costs with respect to any electronics
recyclables recycled by the person, although the person is eligible to receive the $....... per
pound amount under paragraph (e) for all electronics recyclables collected by that person
that are recycled by that person or other recyclers.
new text end

new text begin (g) A transporter or recycler may not charge or accept payment from any person except
a collector for transporting, recycling, or otherwise handling electronics recyclables.
new text end

new text begin (h) A collector must not accept compensation for the costs of collecting, transporting,
recycling, or otherwise handling electronics recyclables except by reimbursement made
under this section, which is paid from the proceeds of the recycling fee under section
115A.1335.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 9.

new text begin [115A.1338] RESPONSIBILITIES; ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Collector responsibilities. new text end

new text begin (a) Collection sites for electronics recyclables
must be staffed and open to the public at times convenient to and of sufficient duration to
meet the needs of the area being served.
new text end

new text begin (b) A collector may:
new text end

new text begin (1) refuse to accept any specific type of electronics recyclable; and
new text end

new text begin (2) limit the number or type of electronics recyclables accepted per customer per day or
per delivery.
new text end

new text begin (c) By July 15 each year, a collector of electronics recyclables must report to the agency
the total weight of electronics recyclables collected during the preceding calendar year.
new text end

new text begin Subd. 2. new text end

new text begin Recycler responsibilities. new text end

new text begin A recycler accepting electronics recyclables from
a collector:
new text end

new text begin (1) may not charge the collector for transporting, recycling, or any necessary supplies
related to transporting or recycling electronics recyclables, unless the charge is mutually
agreed upon; and
new text end

new text begin (2) must annually submit a written report to the commissioner, at a time determined by
the commissioner, specifying the total weight of electronics recyclables received from the
collector during the previous year.
new text end

new text begin Subd. 3. new text end

new text begin Retailer responsibilities. new text end

new text begin A retailer who sells electronics recyclables must
provide to purchasers of electronics recyclables information that describes:
new text end

new text begin (1) how electronics recyclables may be recycled;
new text end

new text begin (2) opportunities and locations for the convenient collection of electronics recyclables
for the purpose of recycling; and
new text end

new text begin (3) the recycling fee that is included in the purchase price of electronics recyclables sold
in the state according to section 115A.1335.
new text end

new text begin Subd. 4. new text end

new text begin Agency responsibilities and authorities. new text end

new text begin (a) The commissioner must, in
consultation with collectors and recyclers, annually review the amount of the recycling fee
to ensure that revenue collected to reimburse collectors under section 115A.1337 and to
reimburse the agency for the costs of administering and enforcing sections 115A.1331 to
115A.1342 is sufficient but not excessive. The commissioner may adjust the amount of the
recycling fee after considering:
new text end

new text begin (1) current and projected sales of electronics recyclables in the state;
new text end

new text begin (2) current and projected collection rates of electronics recyclables discarded in the state;
new text end

new text begin (3) the costs of collecting, transporting, and recycling electronics recyclables in the state;
and
new text end

new text begin (4) the agency's costs of administering and enforcing sections 115A.1331 to 115A.1342.
new text end

new text begin (b) To ensure the most efficient use of recycling fees, the commissioner must encourage
and may require collectors operating in nearby areas to consolidate what would otherwise
be smaller, separate shipments of electronics recyclables to recyclers.
new text end

new text begin (c) The commissioner must enforce sections 115A.1331 to 115A.1342 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6, and 116.072. The commissioner
may revoke a registration of a collector or recycler that violates sections 115A.1331 to
115A.1340.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 10.

new text begin [115A.1339] REPORTING.
new text end

new text begin No later than July 1, 2026, and by each July 1 thereafter, the commissioner must submit
a written report to the chairs and ranking minority members of the legislative committees
with primary jurisdiction over environmental policy and finance on the operation of the
electronic waste recycling program under sections 115A.1331 to 115A.1342. The report
must include, at a minimum:
new text end

new text begin (1) the total weight of electronics recyclables collected during the previous year, by
collector and county;
new text end

new text begin (2) the total weight of electronics recyclables transported for recycling during the previous
year, by collector and county;
new text end

new text begin (3) the total recycling fees deposited into the electronic waste recycling account;
new text end

new text begin (4) the total reimbursements paid to collectors from the electronic waste recycling
account;
new text end

new text begin (5) a description of the impacts of the electronic waste recycling program on the number
or location of collectors;
new text end

new text begin (6) any suggested changes to improve the efficiency and effectiveness of the electronic
waste recycling program; and
new text end

new text begin (7) any other information about program operations or other issues the commissioner
deems relevant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 11.

new text begin [115A.1340] OTHER RECYCLING PROGRAMS.
new text end

new text begin A city, county, or other public agency may not require purchasers of electronics
recyclables to use public facilities to recycle electronics recyclables to the exclusion of other
lawful programs available. Nothing in sections 115A.1331 to 115A.1340 prohibits or
restricts:
new text end

new text begin (1) the operation of any program recycling electronics recyclables in addition to those
operated under sections 115A.1331 to 115A.1340; or
new text end

new text begin (2) a person from receiving, collecting, transporting, or recycling electronics recyclables
if the person is registered under section 115A.1332 or 115A.1333.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 12.

new text begin [115A.1341] ELECTRONICS RECYCLING ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; members. new text end

new text begin (a) The commissioner must, no later than
October 1, 2024, establish and appoint an Electronics Recycling Advisory Committee
consisting of 11 members appointed as follows:
new text end

new text begin (1) one representative from each of two different sites operated by a public entity where
electronic products are collected for recycling;
new text end

new text begin (2) one representative from each of two different sites operated by a private entity where
electronic products are collected for recycling;
new text end

new text begin (3) one representative from each of two different Tribal environmental services
organizations;
new text end

new text begin (4) until June 30, 2025, two representatives of an electronics recycler registered under
section 115A.1312;
new text end

new text begin (5) beginning July 1, 2025, two representatives of an electronics recycler registered
under section 115A.1333;
new text end

new text begin (6) one representative from each of two different environmental nonprofit organizations;
and
new text end

new text begin (7) one representative from the public at large.
new text end

new text begin (b) In appointing members to the advisory committee, the commissioner must:
new text end

new text begin (1) appoint a laborer as one of the representatives from a public or private collection
site;
new text end

new text begin (2) not appoint a person who is a lobbyist registered under section 10A.03;
new text end

new text begin (3) appoint no more than seven members of the advisory committee who reside in Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, or Washington Counties; and
new text end

new text begin (4) endeavor to appoint members representing all regions of the state.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The advisory committee must recommend to the commissioner, based
on information the advisory committee gathers from collectors, recyclers, electronics
manufacturers, environmental organizations, and members of the public, modifications to
the following programs that would make the programs more efficient, make the programs
less costly, or increase the amount of covered electronic devices and electronics recyclables
collected and recycled:
new text end

new text begin (1) until June 30, 2025, the program under sections 115A.1310 to 115A.1330; and
new text end

new text begin (2) beginning July 1, 2025, the program under sections 115A.1331 to 115A.1340.
new text end

new text begin Subd. 3. new text end

new text begin Administration. new text end

new text begin (a) The advisory committee must elect a chair by majority
vote at its initial meeting. The advisory committee must meet quarterly. Additional meetings
may be held at the call of the chair.
new text end

new text begin (b) Agency staff serves as staff to the advisory committee.
new text end

Sec. 13.

new text begin [115A.1342] ELECTRONICS RECYCLER AIR QUALITY IMPROVEMENT
GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "eligible applicant" means:
new text end

new text begin (1) until June 30, 2025, a recycler participating in the program under sections 115A.1310
to 115A.1330; and
new text end

new text begin (2) beginning July 1, 2025, a recycler participating in the program under sections
115A.1331 to 115A.1340.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin An electronics recycler air quality grant program is established
to help eligible applicants purchase and install equipment to improve air quality in or outside
recycling facilities.
new text end

new text begin Subd. 3. new text end

new text begin Application and award process. new text end

new text begin (a) To be considered for a grant under this
section, an eligible applicant must file a written application with the commissioner on a
form prescribed by the commissioner.
new text end

new text begin (b) The commissioner must act as fiscal agent for the grant program and must adopt
rules to evaluate applications and award grants.
new text end

new text begin (c) The commissioner must award grants on a first-come, first-served basis.
new text end

new text begin (d) Grants may be awarded to an eligible applicant for:
new text end

new text begin (1) equipment that improves indoor air quality in a facility operating a shredder or
smelter;
new text end

new text begin (2) equipment that improves outdoor air quality at a facility operating a smelter; or
new text end

new text begin (3) forklifts that operate solely on electricity that replace forklifts operating solely on a
fossil fuel.
new text end

new text begin Subd. 4. new text end

new text begin Grant amounts. new text end

new text begin A grant awarded under this section may not exceed ... percent
of the purchase and installation costs of the applicable equipment or $......., whichever is
less.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2028.
new text end

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. new text begin ELECTRONICS RECYCLING STUDY.
new text end

new text begin (a) The commissioner of the Pollution Control Agency must contract with an independent
third party to conduct a study that examines the barriers to electronics recycling and
recommends ways those barriers may be overcome. The study must, at a minimum, address:
new text end

new text begin (1) the status of end markets for materials recovered from electronics recycling;
new text end

new text begin (2) information regarding the toxicity of materials recovered from electronics recycling;
new text end

new text begin (3) ways to promote worker safety in facilities that recycle electronics;
new text end

new text begin (4) opportunities and methods to recover precious metals from electronics recycling
processes;
new text end

new text begin (5) measures to reduce emissions of greenhouse gases from electronics recycling facilities;
and
new text end

new text begin (6) how changes in product design that increase the recyclability of electronics products
can be encouraged.
new text end

new text begin (b) No later than March 1, 2025, the commissioner must submit a written report
containing the findings and recommendations of the study to the chairs and ranking minority
members of the legislative committees with jurisdiction over recycling.
new text end

new text begin EFFECTIVE DATE. new text end

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

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

new text begin Minnesota Statutes 2022, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, and 20; 115A.1312; 115A.1314; 115A.1316;
115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328; and
115A.1330, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-06224

115A.1310 DEFINITIONS.

Subdivision 1.

Scope.

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

Subd. 2.

Cathode-ray tube or CRT.

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

Subd. 3.

Collection.

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

Subd. 4.

Collector.

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

Subd. 5.

Computer.

"Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, but does not include an automated typewriter or typesetter, a portable handheld calculator or device, or other similar device.

Subd. 6.

Computer monitor.

"Computer monitor" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a central processing unit or the Internet.

Subd. 7.

Covered electronic device.

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

Subd. 8.

Department.

"Department" means the Department of Revenue.

Subd. 9.

Dwelling unit.

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

Subd. 10.

Household.

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

Subd. 11.

Manufacturer.

"Manufacturer" means a person who:

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

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

Subd. 12.

Peripheral.

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

Subd. 12a.

Phase I recycling credits.

"Phase I recycling credits" means the number of pounds of covered electronic devices recycled by a manufacturer from households during program years one through nine, 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.

Subd. 12b.

Phase II recycling credits.

"Phase II recycling credits" means an amount calculated in a program year beginning July 1, 2019, and in each program year thereafter, according to the formula (1.5 x A) - (B - C), where:

A = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled during a program year from households located outside the 11-county metropolitan area, as defined in section 115A.1314, subdivision 2;

B = the manufacturer's recycling obligation calculated for the same program year in section 115A.1320, subdivision 1, paragraph (g); and

C = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled, up to but not exceeding B, during the same program year from households in the 11-county metropolitan area.

Subd. 12c.

Portable battery.

"Portable battery" means a rechargeable battery as defined in section 115A.9157.

Subd. 13.

Program year.

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

Subd. 14.

Recycler.

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

Subd. 15.

Recycling.

"Recycling" means the process of collecting and preparing video display devices or covered electronic devices for use in manufacturing processes or for recovery of 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 video display devices or covered electronic devices are returned to use for households in their original form.

Subd. 17.

Retailer.

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

Subd. 18.

Sell or sale.

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

Subd. 19.

Television.

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

Subd. 20.

Video display device.

"Video display device" means a television or computer monitor that contains a cathode-ray tube or a flat panel screen 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.

115A.1312 REGISTRATION PROGRAM.

Subdivision 1.

Requirements for sale.

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

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

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

(b) A retailer must not sell, offer for sale, rent, or lease a video display device unless the video display device is labeled according to this subdivision and listed as registered on the agency website according to subdivision 2.

(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 registration.

(a) By August 15 each year, a manufacturer of video display devices sold or offered for sale to households in the state 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) 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 August 15, 2016, 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 August 15 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 website the names of manufacturers and the manufacturers' brands listed in registrations filed with the agency. The agency must update the website information promptly upon receipt of a new or updated registration. The website 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 registration.

No person may operate as a collector of covered electronic devices from households unless that person has submitted a registration with the agency by July 15 each year 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 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. A registration is effective upon receipt by the agency and is valid until July 15 each year.

Subd. 4.

Recycler registration.

No person may recycle video display devices generated by households unless that person has submitted a registration with the agency by July 15 each year 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 covered electronic 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 must conduct recycling activities that are consistent with this chapter. A registration is effective upon receipt by the agency and is valid until July 15 each year.

115A.1314 MANUFACTURER REGISTRATION FEE.

Subdivision 1.

Registration fee.

(a) Each manufacturer who registers under section 115A.1312 must, by August 15 each year, pay to the commissioner of revenue an annual registration fee, on a form and in a manner prescribed by the commissioner of revenue. The commissioner of revenue must deposit the fee in the state treasury and credit the fee to the environmental fund.

(b) The registration fee for manufacturers that sell 100 or more video display devices to households in the state during the previous calendar year is $2,500, plus a variable recycling fee. The registration fee for manufacturers that sell fewer than 100 video display devices in the state during the previous calendar year is a variable recycling fee. The variable recycling fee is calculated according to the formula:

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

A = the manufacturer's recycling obligation as determined under section 115A.1320;

B = the number of pounds of covered electronic devices that a manufacturer recycled or arranged to have collected and recycled from households during the immediately preceding program year, as reported under section 115A.1316, subdivision 1;

C = the number of phase I or phase II recycling credits a manufacturer elects to use to calculate the variable recycling fee; and

D = the estimated per-pound cost of recycling, initially set at $0.50 per pound for manufacturers who recycle less than 50 percent of the manufacturer's recycling obligation; $0.40 per pound for manufacturers who recycle at least 50 percent but less than 90 percent of the manufacturer's recycling obligation; $0.30 per pound for manufacturers who recycle at least 90 percent but less than 100 percent of the manufacturer's recycling obligation; and $0.00 per pound for manufacturers who recycle 100 percent or more of the manufacturer's recycling obligation.

(c) A manufacturer may petition the agency to waive the per-pound cost of recycling fee, element D in the formula in paragraph (b), required under this section. The agency shall direct the commissioner of revenue to waive the per-pound cost of recycling fee if the manufacturer demonstrates to the agency's satisfaction a good faith effort to meet its recycling obligation as determined under section 115A.1320. The petition must include:

(1) documentation that the manufacturer has met at least 75 percent of its recycling obligation as determined under section 115A.1320;

(2) a list of political subdivisions and public and private collectors with whom the manufacturer had a formal contract or agreement in effect during the previous program year to recycle or collect covered electronic devices;

(3) the total amounts of covered electronic devices collected from both within and outside of the 11-county metropolitan area, as defined in subdivision 2;

(4) a description of the manufacturer's best efforts to meet its recycling obligation as determined under section 115A.1320; and

(5) any other information requested by the agency.

(d) A manufacturer may retain phase I and phase II 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 no more than 25 percent of a manufacturer's recycling obligation (A) for any program year may be met with phase I and phase II recycling credits, separately or in combination, generated in a prior program year. A manufacturer may sell any portion or all of its phase I and phase II recycling credits to another manufacturer, at a price negotiated by the parties, who may use the credits in the same manner.

(e) For the purpose of determining B in calculating a manufacturer's variable recycling fee using the formula under paragraph (b), starting with the program year beginning July 1, 2019, and continuing each year thereafter, the weight of covered electronic devices that a manufacturer recycled or arranged to have collected and recycled from households located outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (b), is calculated at 1.5 times their actual weight.

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 transfer to the commissioner of revenue to carry out the department's duties under section 115A.1320, subdivision 2, and transfer to the commissioner of administration for responsibilities under section 115A.1324; and

(2) 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.

115A.1316 REPORTING REQUIREMENTS.

Subdivision 1.

Manufacturer reporting requirements.

(a) By March 1 each year, each manufacturer must report to the agency using the form prescribed:

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

(2) either:

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

(ii) an estimate of the total weight of its video display devices sold to households during the previous calendar 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. 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 item for calculating sales.

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

(b) By August 15 each year, each manufacturer must report to the agency:

(1) 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;

(2) the number of phase I and phase II recycling credits the manufacturer has purchased and sold during the preceding program year;

(3) the number of phase I and phase II 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

(4) the number of phase I and phase II recycling credits the manufacturer retains at the beginning of the current program year.

(c) Upon request of the commissioner of revenue, the agency shall provide a copy of each report to the commissioner of revenue.

Subd. 2.

Recycler reporting requirements.

(a) By July 15 each year, a recycler of covered electronic devices must report to the agency:

(1) 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;

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

(3) an estimate of the weight of portable batteries and any mercury-containing lamps that are associated with the covered electronic devices managed.

(b) Upon request of the commissioner of revenue, the agency shall provide a copy of each report to the commissioner of revenue.

Subd. 3.

Collector reporting requirements.

By July 15 each year, a collector must report separately to the agency using the form prescribed by the commissioner:

(1) the total pounds of covered electronic devices collected in the state;

(2) a list of all recyclers to whom collectors delivered covered electronic devices; and

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

115A.1318 RESPONSIBILITIES.

Subdivision 1.

Manufacturer responsibilities.

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

(b) A manufacturer must annually recycle or arrange for the collection and recycling of an amount of video display devices as determined by the agency in section 115A.1320, subdivision 1. A manufacturer must assume all financial responsibility associated with transporting and recycling covered electronic devices that are used to meet the manufacturer's recycling obligation determined under section 115A.1320 or that are counted as phase I or II recycling credits, 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 loaded for transport to a recycler or arranged for transportation to a recycler.

(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 covered electronic 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.

(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.

Subd. 1a.

Collector responsibilities.

(a) Collection sites must be:

(1) staffed; and

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

(b) 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.

(c) A collector must use only registered recyclers.

Subd. 2.

Recycler 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 covered electronic devices, including all downstream recycling operations:

(1) use only registered collectors;

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

(3) are licensed by all applicable governmental authorities;

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

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

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

(7) do not charge collectors for transporting, recycling, or any necessary supplies related to transporting or recycling covered electronic devices that meet a manufacturer's recycling obligation as determined under section 115A.1320, unless otherwise mutually agreed upon.

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

(c) Except to the extent otherwise required by law and unless agreed upon otherwise by the recycler or manufacturer, 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 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 website address. Retailers selling through catalogs or the Internet may meet this requirement by including the information in a prominent location on the retailer's website.

115A.1320 AGENCY AND DEPARTMENT 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 following variables that are used to calculate a manufacturer's annual registration fee under section 115A.1314, subdivision 1:

(1) the obligation-setting mechanism for manufacturers as specified under paragraph (g);

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

(3) the base registration fee.

(d) If the agency determines that any of these values must be changed in order to improve the efficiency or effectiveness of the activities regulated under sections 115A.1312 to 115A.1330, or if the revenues exceed the amount that the agency determines is necessary, the agency shall submit recommended changes and the reasons for them to the chairs of the senate and house of representatives committees with jurisdiction over solid waste policy.

(e) By May 1 each year, the agency shall publish a statewide recycling goal for all video display 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.

(f) By May 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 under section 115A.1316, subdivision 1.

(g) By May 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 recycling obligation. Upon request by the commissioner of revenue, the agency must provide the information submitted to manufacturers under this paragraph to the commissioner of revenue.

(h) 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 examine which covered electronic devices, based on economic and environmental considerations, should be subject to the obligation-setting mechanism under paragraph (g). 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.

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

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

(k) 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.

(l) The agency shall post on its website the contact information provided by each manufacturer under section 115A.1318, subdivision 1, paragraph (e).

Subd. 2.

Additional duties.

(a) The agency 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 phase I and phase II recycling credits, as required under section 115A.1316. The department must use this data to review each manufacturer's annual registration fee submitted to the department to ensure that the fee was calculated accurately.

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

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

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

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

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

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

115A.1322 OTHER RECYCLING PROGRAMS.

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

115A.1323 ANTICOMPETITIVE CONDUCT.

(a) A manufacturer that organizes collection or recycling under sections 115A.1310 to 115A.1322 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.

115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.

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

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

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

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

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

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

115A.1326 REGULATING VIDEO DISPLAY DEVICES.

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

115A.1328 MULTISTATE IMPLEMENTATION.

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

115A.1330 LIMITATIONS.

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