1.1 	A bill for an act
1.2 	relating to environment; providing for the recovery
1.3 	and recycling of waste electronic products; proposing
1.4 	coding for new law in Minnesota Statutes, chapter 115A.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [115A.9566] RECOVERY AND RECYCLING OF WASTE
1.7 	ELECTRONIC PRODUCTS.
1.8 		Subdivision 1.Definitions. (a) For the purposes of this
1.9 	section, the definitions in this subdivision apply.
1.10 	(b) "Cathode-ray tube" means a vacuum tube or picture tube
1.11 	used to convert an electronic signal into a visual image.
1.12 	(c) "Full truckload" means a quantity of video display
1.13 	devices weighing 25,000 pounds or more.
1.14 	(d) "Household" means a single detached dwelling unit or a
1.15 	single unit of a multiple dwelling unit and appurtenant
1.16 	structures.
1.17 	(e) "Intermediate consolidation point" means a facility or
1.18 	location in the state where persons can deliver for
1.19 	consolidation video display devices generated by households and
1.20 	destined for reuse or recycling.  The facility or location may
1.21 	be operated by a private entity or a local unit of government,
1.22 	and must be capable of consolidating a full truckload of video
1.23 	display devices in accordance with all applicable federal,
1.24 	state, and local laws, regulations, and ordinances.
1.25 	(f) "Manufacturer" means a person who manufactures a video
2.1 	display device that is sold in this state or a person who sells
2.2 	a video display device in this state under its own brand label.
2.3 	(g) "Market share" means each manufacturer's total sales of
2.4 	video display devices in Minnesota, divided into the two general
2.5 	categories of computers and televisions, as compared to the
2.6 	total sales of all video display devices sold that year in
2.7 	Minnesota divided into the same categories.  Each manufacturer's
2.8 	national percentage of sales for 2004 for all types of video
2.9 	display devices sold by the manufacturer in Minnesota must be
2.10 	used to determine that manufacturer's market share for 2005.
2.11 	(h) "Pro rata share" means a manufacturer's market share of
2.12 	video display devices sold in Minnesota during the immediately
2.13 	preceding calendar year multiplied by that year's performance
2.14 	standard as set forth in subdivision 5.  For video display
2.15 	devices generally categorized by market share as televisions,
2.16 	this pro rata share calculation must be further multiplied by
2.17 	two.
2.18 	(i) "Type of device" means either a television or similar
2.19 	device or a computer monitor or similar device.
2.20 	(j) "Video display device" means an electronic product
2.21 	containing:  (1) a cathode-ray tube; or (2) a flat panel
2.22 	display; or (3) any other similar video display device with a
2.23 	screen size that is greater than eight inches in size when
2.24 	measured diagonally, but does not include those in an automobile
2.25 	or other vehicle.
2.26 		Subd. 2.Manufacturer responsibility. (a) Effective July
2.27 	1, 2005, all manufacturers of video display devices sold in
2.28 	Minnesota, including video display devices sold by means of
2.29 	distance communication, shall:
2.30 	(1) collect all video display devices from intermediate
2.31 	consolidation points within three working days of being notified
2.32 	by an intermediate consolidation point approved by the director
2.33 	that at least a full truckload of video display devices from
2.34 	households has been consolidated at that point;
2.35 	(2) ensure that collection of video display devices from
2.36 	intermediate consolidation points is without charge;
3.1 	(3) ensure that video display devices collected from
3.2 	intermediate consolidation points are reused or recycled; and 
3.3 	(4) clearly inform each purchaser of a video display device
3.4 	of opportunities for reuse or recycling of end-of-life video
3.5 	display devices.
3.6 	(b) The requirements of paragraph (a), clauses (1) to (3),
3.7 	must be fulfilled each year by a manufacturer after the
3.8 	manufacturer has collected and reused or recycled its pro rata
3.9 	share of video display devices.
3.10 	(c) A manufacturer may fulfill its responsibilities under
3.11 	this subdivision through a representative organization of
3.12 	manufacturers.
3.13 	(d) In 2005, a manufacturer is considered to have fulfilled
3.14 	its responsibility under this subdivision upon collection and
3.15 	recycling or reuse of 50 percent of its pro rata share of video
3.16 	display devices.
3.17 		Subd. 3.Manufacturer registration and certification. (a)
3.18 	On and after July 1, 2005, it is unlawful to sell a video
3.19 	display device in this state unless the manufacturer of the
3.20 	video display device has (1) registered with the agency, (2)
3.21 	certified that the manufacturer is in compliance with
3.22 	subdivision 2, and (3) if Minnesota sales data on each type of
3.23 	video display device is not available, certified to the number
3.24 	of each type of video display device it has sold in Minnesota in
3.25 	the immediate preceding year.  A retailer is not responsible for
3.26 	an unlawful sale under this subdivision if the certification
3.27 	relied upon by the retailer in making the unlawful sale was
3.28 	incorrect, or if the registration expired or was revoked and the
3.29 	retailer took possession of the video display device prior to
3.30 	the expiration or revocation of the registration and the
3.31 	unlawful sale occurred within six months after the expiration or
3.32 	revocation.
3.33 	(b) By July 1, 2005, by January 31, 2006, and by January 31
3.34 	of each year thereafter, each manufacturer of a video display
3.35 	device sold in Minnesota must submit a registration and
3.36 	certification to the commissioner.  Registration includes but is
4.1 	not limited to a list of all brand labels owned by the
4.2 	manufacturer, its subsidiaries, or any companies acquired by the
4.3 	manufacturer.  The registration must also specify the entity
4.4 	that will be responsible for implementing the manufacturer's
4.5 	requirements as specified in subdivision 2, and the entity's
4.6 	contact information.
4.7 	(c) By December 31, 2005, and each year thereafter, each
4.8 	manufacturer of a video display device sold in Minnesota shall
4.9 	submit a written certification, signed by an official of the
4.10 	manufacturer, that the manufacturer is in compliance with the
4.11 	requirements of subdivision 2.  The commissioner shall accept
4.12 	the certification as prima facie evidence that the manufacturer
4.13 	is in compliance with subdivision 2.
4.14 	(d)  The commissioner may, at any time, revoke a
4.15 	registration upon being presented with evidence that the
4.16 	manufacturer is not in compliance with the requirements of this
4.17 	section.
4.18 	(e) The commissioner may charge a registration fee to cover
4.19 	the agency's costs of administering the requirements under this
4.20 	section.
4.21 	(f) By August 1, 2005, and each January 31 of each year
4.22 	thereafter, the commissioner shall publish on the agency's Web
4.23 	site a list of video display device manufacturers and all brand
4.24 	labels for which the commissioner has received registrations,
4.25 	certifications, and contact information for each entity
4.26 	responsible for implementing the requirements of subdivision 2.
4.27 		Subd. 4.Manufacturer reporting. By October 1, 2006, and
4.28 	each year thereafter, a manufacturer of video display devices or
4.29 	a representative organization of manufacturers shall provide
4.30 	information to the office that specifies the following
4.31 	information regarding video display devices from Minnesota
4.32 	households:  (1) the total number and pounds of video display
4.33 	devices collected during the preceding year, together with the
4.34 	total number and pounds of video display devices reused or
4.35 	refurbished for reuse, and the total number and pounds of video
4.36 	display devices recycled or resold; and (2) a general
5.1 	description of the processes and methods used to recycle,
5.2 	refurbish, or reuse the video display devices and any
5.3 	disassembly, physical recovery operation, or other operation
5.4 	that was used; the location where these activities occurred; and
5.5 	whether these activities were conducted in accordance with
5.6 	applicable rules, standards, and requirements adopted by the
5.7 	Organization for Economic Cooperation and Development for the
5.8 	environmentally sound management of electronic waste.  If a
5.9 	manufacturer fulfills its responsibilities under subdivision 2
5.10 	through a representative organization of manufacturers, the
5.11 	reporting requirements in this subdivision may be satisfied by
5.12 	the representative organization.
5.13 		Subd. 5.Performance standards. It is the goal of the
5.14 	state to ensure that all video display devices discarded by
5.15 	households are collected and reused or recycled.  In order to
5.16 	meet this goal, the following minimum annual performance
5.17 	standards for responsibilities are established:
5.18 	(1) by July 1, 2006, the total amount of video display
5.19 	devices collected from households for reuse or recycling must
5.20 	equal 0.050 video display devices per resident of the state;
5.21 	(2) by July 1, 2007, the total amount of video display
5.22 	devices collected from households for reuse or recycling must
5.23 	equal 0.055 video display devices per resident of the state; and 
5.24 	(3) by July 1, 2008, the total amount of video display
5.25 	devices collected from households for reuse or recycling must
5.26 	equal 0.060 video display devices per resident of the state.
5.27 		Subd. 6.Office of environmental assistance duties. (a)
5.28 	The director shall, by July 1, 2005, seek applications for the
5.29 	establishment of intermediate consolidation points from persons
5.30 	eligible to operate the points.  The director shall seek to
5.31 	receive at least 15 applications with at least ten of the
5.32 	applications from outside the metropolitan area.  By November 1,
5.33 	2005, the director shall establish a list of approved
5.34 	intermediate consolidation points and shall make a list
5.35 	available to manufacturers, any representative organization of
5.36 	manufacturers, local government, solid waste haulers, and the
6.1 	general public.  The director shall thereafter maintain and
6.2 	update the list by approving new applications qualified to be
6.3 	intermediate consolidation points, and deleting the points no
6.4 	longer eligible for placement on the list.
6.5 	(b) By December 1, 2006, and each year thereafter, the
6.6 	director shall assess progress with manufacturers meeting their
6.7 	responsibilities under subdivision 2.  By December 1, 2007, and
6.8 	every two years thereafter, the director shall submit a report
6.9 	as part of the report required in section 115A.411 to the
6.10 	legislature evaluating the programs established under this
6.11 	section.  If the director determines that manufacturers have not
6.12 	met their responsibilities, the director shall recommend
6.13 	alternative methods for ensuring that all discarded video
6.14 	display devices are collected and recycled or reused.  The
6.15 	report due on December 1, 2007, must include an assessment of
6.16 	the ratio of discarded cathode-ray tubes to other discarded
6.17 	video display devices.  The office shall also publish its
6.18 	assessment and evaluation of video display device collection,
6.19 	transportation, and reuse or recycling programs in the state on
6.20 	the office's Web site and through any of its other usual methods
6.21 	of providing public information.
6.22 	(c) In addition to the report described in this section,
6.23 	the director shall evaluate in each odd-numbered year beginning
6.24 	in 2007, the amount and composition of other household
6.25 	electronic wastes such as computer central processing units, and
6.26 	shall recommend the addition or deletion of products to be
6.27 	covered under this section.
6.28 		Subd. 7.Creation of the electronics recycling management
6.29 	association. (a) An association is created as a nonprofit
6.30 	organization charged with facilitating compliance with this
6.31 	section.  The association must be governed by a board of
6.32 	directors consisting of manufacturers of video display devices
6.33 	and local government representatives.
6.34 	(b) Association responsibilities at a minimum include:
6.35 	(1) determining and allocating responsibility for
6.36 	manufacturers based on market share calculation;
7.1 	(2) facilitating transportation and recycling of video
7.2 	display devices from the point of consolidation according to
7.3 	environmentally sound management standards;
7.4 	(3) working in conjunction with the agency to ensure that a
7.5 	sufficient number of consolidation points exist and are
7.6 	distributed across the state;
7.7 	(4) providing technical assistance to collection agents and
7.8 	consolidation points on proper handling and operational
7.9 	procedures;
7.10 	(5) conducting public education and outreach on the
7.11 	collection and recycling of video display devices; and 
7.12 	(6) reporting to the agency on progress towards meeting the
7.13 	goals.
7.14 	(c) The association may choose to extend its
7.15 	responsibilities to provide any or all manufacturer's
7.16 	responsibilities in subdivision 2.
7.17 		Subd. 8.Enforcement. This provision may be enforced
7.18 	under sections 115.071 and 116.072.
7.19 		Subd. 9.Repealer. This section is repealed 30 days
7.20 	after the director publishes a notice in the State Register that
7.21 	a national program for effectively collecting, transporting, and
7.22 	reusing or recycling waste video display devices is established
7.23 	and implemented throughout the state.