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Key: (1) language to be deleted (2) new language

CHAPTER 166--H.F.No. 2841

An act

relating to solid waste; modifying electronic waste management provisions; providing for management of metropolitan landfill contingency action trust account;

amending Minnesota Statutes 2014, sections 115A.1310, subdivisions 6, 7, 20, by adding subdivisions; 115A.1312, subdivisions 2, 3, 4; 115A.1316; 115A.1318, subdivisions 1, 2, by adding a subdivision; 115A.1320; 115A.1323; 473.845, subdivision 1; Minnesota Statutes 2015 Supplement, section 115A.1314, subdivision 1; repealing Minnesota Statutes 2014, section 115A.1310, subdivision 16.

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

Section 1.

Minnesota Statutes 2014, section 115A.1310, subdivision 6, is amended to read:

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. deleted text begin Computer monitor includes a laptop computer.deleted text end

Sec. 2.

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

Subd. 7.

Covered electronic device.

"Covered electronic device" means computers, new text begin including tablet computers and laptop computers, new text end 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.

Sec. 3.

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. 4.

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

new text begin Subd. 12b. new text end

new text begin Phase I recycling credits. new text end

new text begin "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. new text end

Sec. 5.

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

new text begin Subd. 12c. new text end

new text begin Phase II recycling credits. new text end

new text begin "Phase II recycling credits" means the number of pounds of covered electronic devices recycled by a manufacturer during a program year beginning July 1, 2019, and thereafter, from households located outside the 11-county metropolitan area, as defined in section 115A.1314, subdivision 2, less the manufacturer's recycling obligation calculated for the same program year in section 115A.1320, subdivision 1, paragraph (g). new text end

Sec. 6.

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 monitordeleted text begin , including a laptop computer,deleted text end that contains a cathode-ray tube or a flat panel screen deleted text begin with a screen size that is greater than nine inches measured diagonally anddeleted text end 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 deleted text begin unless it contains a video display area greater than nine deleted text end deleted text begin inches measured diagonallydeleted text end .

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.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 statenew 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, 2007deleted text end new text begin August 15, 2016new 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 ofdeleted text end new text begin August 15new 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. 8.

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 agencynew text begin by July 15 each yearnew 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.1318new 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 pointnew text end . A registration is effective upon receipt by the agency and is valid until July deleted text begin 1 ofdeleted text end new text begin 15new 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. 9.

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 displaydeleted text end new text begin covered electronicnew 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 maydeleted text end new text begin mustnew 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 ofdeleted text end new text begin 15new 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. 10.

Minnesota Statutes 2015 Supplement, section 115A.1314, subdivision 1, is amended to read:

Subdivision 1.

Registration fee.

(a) Each manufacturer who registers under section 115A.1312 must, by deleted text begin September 1, 2007, anddeleted text end new text begin August 15new text end each year deleted text begin thereafterdeleted text end , pay to the commissioner of revenue an annual registration feenew text begin , on a form and in a manner prescribed by the commissioner of revenuenew text end . The commissioner of revenue must deposit the fee in the state treasury and credit the fee to the environmental fund.

(b) The registration fee new text begin for manufacturers that sell 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 ofdeleted text end $2,500, plus a variable recycling feenew text begin . The variable recycling fee isnew text end calculated according to the formula:

deleted text begin ((A x B) - (C + D)) x Edeleted text end new text begin [A - (B + C)] x Dnew 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 departmentdeleted text end new text begin the manufacturer's recycling obligation as determinednew text end under section deleted text begin 115A.1316, subdivision 1deleted text end new text begin 115A.1320new 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 previousdeleted text end new text begin immediately precedingnew text end program year, as reported deleted text begin to the departmentdeleted text end under section 115A.1316, subdivision 1;

deleted text begin (4) Ddeleted text end new text begin Cnew text end = the number of new text begin phase I or phase IInew text end recycling credits a manufacturer elects to use to calculate the variable recycling feedeleted text begin , as reported to the department under section 115A.1316, subdivision 1deleted text end ; and

deleted text begin (5) Edeleted text end new text begin Dnew 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 obligationnew 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 obligationnew text end ; deleted text begin anddeleted 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 obligationnew text end .

new text begin (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: new text end

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

new text begin (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; new text end

new text begin (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; new text end

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

new text begin (5) any other information requested by the agency. new text end

deleted text begin (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of pounds, that amount is defined as the manufacturer's recycling credits.deleted text end new text begin (d)new text end A manufacturer may retain new text begin phase I and phase IInew text end 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 new text begin recyclingnew text end obligation (A x B) for any program year may be met with new text begin phase I and phase IInew text end recycling creditsnew text begin , separately or in combination,new text end generated in a prior program year. A manufacturer may sell any portion or all of its new text begin phase I and phase IInew text end 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)deleted text end new text begin (e)new text end For the purpose of calculating a manufacturer's variable recycling fee under paragraph (b), new text begin starting with the program year beginning July 1, 2019, and continuing each year thereafter,new text end the weight of covered electronic devices collected from households located outside the 11-county metropolitan area, as defined in subdivision 2, paragraph deleted text begin (c)deleted text end new text begin (b)new text end , is calculated at 1.5 times their actual weight.

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

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.1316, is amended to read:

115A.1316 REPORTING REQUIREMENTS.

Subdivision 1.

Manufacturer's reporting requirements.

(a) new text begin By August 1, 2016, each manufacturer must report to the agency using the form prescribed:new text end

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

new text begin (2) either: new text end

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

new text begin (ii) 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. 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. new text end

new text begin (b) new text end By deleted text begin September 1 ofdeleted text end new text begin March 1, 2017, andnew text end each deleted text begin year, beginning in 2008deleted text end new text begin March 1 thereafternew text end , each manufacturer must report to the deleted text begin departmentdeleted text end new text begin agency using the form prescribednew text end :

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

(2)new text begin either:new text end

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

deleted text begin (3)deleted text end new text begin (ii)new text end an estimate of the total weight of its video display devices sold to households during the previous deleted text begin programdeleted text end new text begin calendarnew text end year, calculated by multiplying the weight of its video display devices sold nationally times the quotient of Minnesota's population divided by the national population.new text begin All manufacturers with sales of 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.new text end

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

deleted text begin (b)deleted text end new text begin (c)new text end By deleted text begin September 1 ofdeleted text end new text begin August 15new text end each year, deleted text begin beginning in 2008,deleted text end each manufacturer must report to the departmentnew text begin 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

deleted text begin (c)deleted text end new text begin (d)new text end By deleted text begin September 1 ofdeleted text end new text begin August 15new text end each year, deleted text begin beginning in 2008,deleted text end each manufacturer must report new text begin separatelynew text end to the departmentnew text begin until June 30, 2017, and to the agency thereafternew text end :

(1) the number of new text begin phase I and phase IInew text end recycling credits the manufacturer has purchased and sold during the preceding program year;

(2) the number of new text begin phase I and phase IInew text end 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 new text begin phase I and phase IInew text end recycling credits the manufacturer retains at the beginning of the current program year.

new text begin (e) Upon request of the commissioner of revenue, the agency shall provide a copy of each report to the commissioner of revenue. new text end

Subd. 2.

Recycler's reporting requirements.

By deleted text begin August 1 ofdeleted text end new text begin July 15new 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 departmentdeleted 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 2deleted 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

new text begin Upon request of the commissioner of revenue, the agency shall provide a copy of each report to the commissioner of revenue. new text end

Subd. 3.

Collector's reporting requirements.

By deleted text begin August 1 ofdeleted text end new text begin July 15new text end each year, deleted text begin beginning in 2008,deleted text end a collector must report separately to the agencynew 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, anddeleted 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 devicesdeleted text begin .deleted text end new text begin ; andnew 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. 12.

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 electronicdeleted text end new text begin video displaynew 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 determinednew text end by the agency deleted text begin underdeleted text end new text begin innew text end section 115A.1320, subdivision 1deleted text begin , paragraph (c)deleted text end .new text begin 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.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 displaydeleted text end new text begin covered electronicnew 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. 13.

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) 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 (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. new text end

new text begin (c) 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. 14.

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 displaydeleted text end new text begin covered electronicnew 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 anddeleted 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 emergenciesdeleted 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 transportation and recycling of covered electronic devices that meet a manufacturer's recycling obligation as determined under section 115A.1320, 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 lawnew text begin and unless agreed upon otherwise by the recycler or manufacturernew 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. 15.

Minnesota Statutes 2014, section 115A.1320, is amended to read:

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 deleted text begin value of thedeleted text end following variables that are deleted text begin part of the formuladeleted 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 fornew text end manufacturers deleted text begin are required to recycledeleted 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 andnew text end

(3) the base registration feedeleted text begin ; anddeleted 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 15deleted text end new text begin September 1, 2016, and by May 1, 2017, andnew text end each deleted text begin year, beginning in 2008deleted text end new text begin May 1 thereafternew text end , the agency shall deleted text begin calculate estimated sales ofdeleted text end new text begin publish a statewide recycling goal for allnew 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 establish and publish separate statewide recycling goals for video display devices as follows:new text end

new text begin (1) the agency shall set the statewide recycling goal for video display devices at 25,000,000 pounds, 23,000,000 pounds, and 21,000,000 pounds, respectively, during these successive program years; new text end

new text begin (2) the agency shall set the recycling goal for televisions at 80 percent of the applicable amount in clause (1); and new text end

new text begin (3) the agency shall set the recycling goal for computer monitors at 20 percent of the applicable amount in clause (1). new text end

new text begin (f) By September 1, 2016, and by May 1, 2017, and each May 1 thereafter, 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. new text end

new text begin (g) By September 1, 2016, and by May 1, 2017, and each May 1 thereafter, 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. 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, 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.

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.1318new text begin , subdivision 1new text end , paragraph (e).

Subd. 2.

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

(a) The deleted text begin departmentdeleted text end new text begin agencynew 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 new text begin phase I and phase IInew text end 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 deleted text begin according to the formula in section 115A.1314, subdivision 1deleted text end .

(b) The deleted text begin departmentdeleted text end new text begin agencynew 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 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 deleted text begin this subdivision,deleted text end new text begin section 115A.1314, subdivision 1, new text end 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

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 sectiondeleted text end new text begin sections 115A.1310 to 115A.1322new 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. 17.

Minnesota Statutes 2014, section 473.845, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The metropolitan landfill contingency action trust account is an expendable trust account in the remediation fund. The account consists of revenue deposited in the account under section 473.843, subdivision 2, clause (2); amounts recovered under subdivision 7; and interest earned on investment of money in the account.new text begin The account must be managed to maximize long-term gain through the State Board of Investment.new text end

Sec. 18.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2014, section 115A.1310, subdivision 16, 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

Presented to the governor May 24, 2016

Signed by the governor May 31, 2016, 10:11 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes