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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

115A.1314 MANUFACTURER'S REGISTRATION FEE; CREATION OF ACCOUNT.
    Subdivision 1. Registration fee. (a) Each manufacturer who registers under section
115A.1312 must, by September 1, 2007, and each year thereafter, pay to the commissioner of
revenue an annual registration fee. The commissioner of revenue must deposit the fee in the
account established in subdivision 2.
    (b) The registration fee for the initial program year during which a manufacturer's video
display devices are sold to households is $5,000. Each year thereafter, the registration fee is equal
to a base fee of $2,500, plus a variable recycling fee calculated according to the formula:
    ((A x B) - (C + D)) x E, where:
    (1) A = the number of pounds of a manufacturer's video display devices sold to households
during the previous program year, as reported to the department under section 115A.1316,
subdivision 1
;
    (2) B = the proportion of sales of video display devices required to be recycled, set at 0.6 for
the first program year and 0.8 for the second program year and every year thereafter;
    (3) C = the number of pounds of covered electronic devices recycled by a manufacturer
from households during the previous program year, as reported to the department under section
115A.1316, subdivision 1;
    (4) D = the number of recycling credits a manufacturer elects to use to calculate the variable
recycling fee, as reported to the department under section 115A.1316, subdivision 1; and
    (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound for
manufacturers who recycle at least 50 percent but less than 90 percent of the product (A x B); and
$0.30 per pound for manufacturers who recycle at least 90 percent but less than 100 percent of
the product (A x B).
    (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. A manufacturer may
retain recycling credits to be added, in whole or in part, to the actual value of C, as reported
under section 115A.1316, subdivision 2, during any of the three succeeding program years. A
manufacturer may sell any portion or all of its recycling credits to another manufacturer, at a price
negotiated by the parties, who may use the credits in the same manner.
    (d) For the purpose of calculating a manufacturer's variable recycling fee under paragraph
(b), the weight of covered electronic devices collected from households located outside the
11-county metropolitan area, as defined in subdivision 2, paragraph (c), is calculated at 1.5 times
their actual weight.
    (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.
    Subd. 2. Creation of account; appropriations. (a) The electronic waste account is
established in the environmental fund. The commissioner of revenue must deposit receipts from
the fee established in subdivision 1 in the account. Any interest earned on the account must be
credited to the account. Money from other sources may be credited to the account. Beginning
in the second program year and continuing each program year thereafter, as of the last day of
each program year, the commissioner shall determine the total amount of the variable fees that
were collected. To the extent that the total fees collected by the commissioner in connection
with this section exceeds the amount the commissioner determines necessary to operate the
program for the new program year, the commissioner shall refund on a pro rata basis, to all
manufacturers who paid any fees for the previous program year, the amount of fees collected by
the commissioner in excess of the amount necessary to operate the program for the new program
year. No individual refund is required of amounts of $100 or less for a fiscal year. Manufacturers
who report collections less than 50 percent of their obligation for the previous program year
are not eligible for a refund.
    (b) Until June 30, 2009, money in the account is annually appropriated to the Pollution
Control Agency:
    (1) for the purpose of 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) to the commissioner of the Pollution Control Agency to be distributed on a competitive
basis through contracts with counties outside the 11-county metropolitan area, as defined in
paragraph (c), and with 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
.
    (c) The 11-county metropolitan area consists of the counties of Anoka, Carver, Chisago,
Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
History: 2007 c 48 s 3

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