1.1 	A bill for an act
1.2 	relating to the environment; providing for cathode-ray
1.3 	tube recycling; authorizing rulemaking; providing
1.4 	penalties; proposing coding for new law in Minnesota
1.5 	Statutes, chapter 116H.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [116H.55] DEFINITIONS.
1.8 		Subdivision 1.Scope. For the purposes of this chapter,
1.9 	the following terms have the meanings given.
1.10 		Subd. 2.Covered crt device. "Covered CRT Device" means
1.11 	all CRT devices except those CRT devices that have been excluded
1.12 	from being subject to this chapter pursuant to section 116H.60,
1.13 	paragraph (c).
1.14 		Subd. 3.Crt device. "CRT device" means a vacuum tube or
1.15 	picture tube used to convert an electronic signal into a visual
1.16 	image.  It is composed primarily of glass, and is the video
1.17 	display component of a television or computer monitor, and
1.18 	includes other items integrally attached to the CRT device.
1.19 		Subd. 4.Household. "Household" means an occupant of a
1.20 	single detached dwelling unit or a single unit of a multiple
1.21 	dwelling unit who has used a CRT device at a dwelling unit
1.22 	primarily for personal use.
1.23 		Subd. 5.Household hazardous waste collection
1.24 	program. "Household hazardous waste collection program" means
1.25 	the program, as specified in section 116H.65, paragraph (d), for
2.1 	collecting covered CRT devices from household hazardous waste
2.2 	collection facilities in the state.
2.3 		Subd. 6.Manufacturer. "Manufacturer" means a person who:
2.4 	(1) manufactures CRT devices to be sold under its own brand as
2.5 	identified by its own brand label, or (2) sells CRT devices
2.6 	manufactured by others under its own brand as identified by its
2.7 	own brand label.
2.8 		Subd. 7.Office. "Office" means the Office of
2.9 	Environmental Assistance.
2.10 		Subd. 8.Pro rata share. "Pro rata share" means the
2.11 	percentage of all covered CRT devices from a manufacturer
2.12 	delivered to household hazardous waste collection facilities.
2.13 	Pro rata shares are calculated by return weight.
2.14 		Subd. 9.Registrant. "Registrant" means the manufacturer
2.15 	or an independent party that submits the registration required
2.16 	by section 116H.60, paragraph (a), in lieu of the manufacturer.
2.17 		Subd. 10.Sell or sale. "Sell" or "sale" means any
2.18 	transfer for consideration of title or of the right to use, by
2.19 	lease or sales contract, including, but not limited to,
2.20 	transactions conducted through sales outlets, catalogs, or the
2.21 	Internet, or any other similar electronic means either inside or
2.22 	outside of the state, by a person who conducts the transaction
2.23 	and controls the delivery of a covered CRT device to a consumer
2.24 	in the state, but does not include a wholesale transaction with
2.25 	a distributor or a retailer.

2.26 	Sec. 2. [116H.60] REGISTRATION PROGRAM.
2.27 	(a) On and after ....., a person may not sell or offer for
2.28 	sale a new covered CRT device to any person in the state unless:
2.29 	(1) it is labeled with the name of the manufacturer or the
2.30 	manufacturer's brand label is permanently affixed and readily
2.31 	visible; and 
2.32 	(2) it has been registered with the office along with the
2.33 	name of the manufacturer or that manufacturer's brand label.
2.34 	(b) A person who sells or offers for sale a new covered CRT
2.35 	device must, before its initial offer for sale of the device,
2.36 	submit to the office a certification that the person has
3.1 	reviewed the office's Web site specified in paragraph (h), and
3.2 	has determined that all new covered CRT devices that the person
3.3 	is then offering for sale are labeled with brand names or labels
3.4 	that are subject to registration statements filed with the
3.5 	office.  After this initial submittal, the certification must be
3.6 	submitted to the office annually by January 10 of each year,
3.7 	effective as of January 1 of each year.
3.8 	(c) CRT devices, for which the manufacturer has provided
3.9 	evidence to the office are not classified as hazardous waste as
3.10 	defined in section 116.06 when discarded, are not subject to
3.11 	this chapter.
3.12 	(d) The registration must include a certification that the
3.13 	registrant has a program in place that provides that all covered
3.14 	CRT devices that are labeled with the name of the manufacturer
3.15 	or with the manufacturer's brand label can be returned by
3.16 	households in the state to the registrant for recycling,
3.17 	refurbishment, or reuse.
3.18 	(e) The registration must describe the recycling,
3.19 	refurbishment, or reuse program that must, at a minimum, provide
3.20 	that the registrant is responsible for recycling, refurbishing,
3.21 	or reusing all covered CRT devices labeled with the
3.22 	manufacturer's name or brand label, after receipt of the covered
3.23 	CRT devices by the registrant from households in the state.  The
3.24 	recycling, refurbishment, or reuse program must provide a method
3.25 	or methods for the receipt of covered CRT devices from
3.26 	households by the registrant.  These methods may include:
3.27 	(1) direct shipment of covered CRT devices from the
3.28 	households by common carriers, U.S. mail, or other shipment
3.29 	service to one or more locations designated by the registrant;
3.30 	(2) deposit of covered CRT devices by households at one or
3.31 	more collection centers or retail locations designated for this
3.32 	purpose by the registrant;
3.33 	(3) agreements with governmental bodies or private
3.34 	for-profit or nonprofit parties; or 
3.35 	(4) other methods designated by the registrant as long as
3.36 	one or more methods is reasonably available to households for
4.1 	return of all covered CRT devices that bear the manufacturer's
4.2 	name or brand label.  These methods must include participation
4.3 	in the household hazardous waste collection program.
4.4 	(f) The registration must specify that the registrant may
4.5 	not charge for the recycling, refurbishment, or reuse of a
4.6 	covered CRT device received from households.
4.7 	(g) The registration must describe the processes and
4.8 	methods that will be used by the registrant to recycle,
4.9 	refurbish, or reuse covered CRT devices and, in particular, must
4.10 	identify any disassembly, physical recovery operation, (for
4.11 	example, crushing, shredding, grinding, glass to glass
4.12 	recycling), or other operation that will be used, and describe
4.13 	where it will take place.
4.14 	(h) The office must provide a Web site or a toll-free
4.15 	telephone number that provides information about the recycling,
4.16 	refurbishment, or reuse program in sufficient detail to allow a
4.17 	household owner of a covered CRT device to learn how to return
4.18 	the covered CRT device to the registrant for recycling,
4.19 	refurbishment, or reuse.  The program described on the Web site
4.20 	or at the toll-free telephone number must, at a minimum, be
4.21 	identical to the program submitted to the office but may contain
4.22 	additional information.
4.23 	(i) A registrant may partner with one or more manufacturers
4.24 	or other parties, collectively a "registrant," to prepare and
4.25 	submit to the office a joint covered CRT device recycling
4.26 	program.
4.27 	(j) Notwithstanding section 16A.1283, the office may
4.28 	require registrants to submit to the office a registration fee
4.29 	of up to $500 with each registration statement submitted to the
4.30 	office.  The office shall review registration statements and
4.31 	notify the registrant if the registration statement does not
4.32 	meet the requirements of this section.  Within 30 days of
4.33 	receipt of a notification from the office, the registrant must
4.34 	file with the office a revised registration addressing the
4.35 	requirements noted by the office.
4.36 	(k) The office shall maintain on its Web site the names of
5.1 	the registrants and manufacturers' brand names or brand labels
5.2 	that are listed in registrations filed with the office.  The
5.3 	office shall update this Web site information promptly upon
5.4 	receipt of a registration.
5.5 	(l) The obligations of a manufacturer or registrant apply
5.6 	only to covered CRT devices received from households in the
5.7 	state and do not apply to covered CRT devices received from CRT
5.8 	device owners other than households.
5.9 	(m) If the registrant changes the program that has been
5.10 	submitted to the office, before the change can become effective,
5.11 	the registrant shall submit the changed program to the office.
5.12 	The office shall revise its Web site or toll-free telephone
5.13 	information to be consistent with the changed program.
5.14 	(n) The registrant who receives a covered CRT device for
5.15 	recycling, refurbishment, or reuse may either recycle,
5.16 	refurbish, or reuse, including resale, the covered CRT device.
5.17 	Except to the extent otherwise required by law, the manufacturer
5.18 	and registrant have no responsibility for any data that may be
5.19 	on the covered CRT device if an information storage device is
5.20 	included with the covered CRT device.
5.21 	(o) A city, county, or other public agency may not require
5.22 	households to use the program described in the registration to
5.23 	recycle their covered CRT devices to the exclusion of other
5.24 	programs legally available.  This chapter anticipates that CRT
5.25 	device recycling programs, in addition to those provided by
5.26 	manufacturers and registrants under this section, will be
5.27 	available to households in the state.  Nothing in this chapter
5.28 	prohibits or restricts any such programs or prohibits or
5.29 	restricts any such persons from receiving, storing,
5.30 	transporting, or recycling CRT devices.
5.31 	(p) By April 1 of each year, each registrant shall file a
5.32 	report with the office which describes the implementation of the
5.33 	program during the year.  The report must:
5.34 	(1) identify the total weight of the covered CRT devices
5.35 	received during the preceding year, together with the total
5.36 	number reused or refurbished for reuse, and the total number
6.1 	recycled or resold;
6.2 	(2) describe the processes and methods used to recycle,
6.3 	refurbish, or reuse the covered CRT devices and, in particular,
6.4 	identify any disassembly, physical recovery operation (for
6.5 	example, crushing, shredding, grinding, glass to glass
6.6 	recycling) or other operation that was used and describe where
6.7 	it took place.
6.8 	(q) Participation in the household hazardous waste
6.9 	collection program requires that the registrant shall:
6.10 	(1) collect all covered CRT devices from household
6.11 	hazardous waste collection facilities within three working days
6.12 	of being notified by the office, or its designee, that at least
6.13 	a full truckload of covered CRT devices from households has been
6.14 	consolidated at that point, up to the registrant's pro rata
6.15 	share;
6.16 	(2) ensure that covered CRT devices are recycled,
6.17 	refurbished, or reused in accordance with paragraph (e); and 
6.18 	(3) until July 1, 2007, collect ten percent by weight of
6.19 	the registrant's pro rata share.

6.20 	Sec. 3. [116H.65] DUTIES OF THE OFFICE.
6.21 	(a) The office shall administer and enforce this chapter.
6.22 	(b) The office shall establish procedures for the receipt
6.23 	and maintenance of the registration statements and
6.24 	certifications filed with the office pursuant to section 116H.60
6.25 	and for making such statements and certifications easily
6.26 	available to manufacturers, distributors, retailers, and members
6.27 	of the public.
6.28 	(c) On or before ....., and every three years thereafter,
6.29 	the office shall provide a report to the governor and the
6.30 	legislature on the implementation of this chapter.  For each of
6.31 	the preceding three years, the report must discuss the total
6.32 	weight of covered CRT devices received, the total weight of
6.33 	covered CRT devices received from each registrant, and a summary
6.34 	of information in the reports submitted by registrants pursuant
6.35 	to section 116H.60, paragraph (p).  The report must also discuss
6.36 	the various collection programs used to collect the covered CRT
7.1 	devices, and discuss information received by the office
7.2 	regarding CRT devices that are not being collected by the
7.3 	registrants.  The report must include a description of
7.4 	enforcement actions relating to the chapter, both administrative
7.5 	and judicial, and information about CRT devices, if any, being
7.6 	disposed of in landfills in the state.  The office may include
7.7 	in its report other information received by the office regarding
7.8 	the implementation of the chapter.
7.9 	(d) The office shall administer the household hazardous
7.10 	waste collection program.  At its discretion, the office may
7.11 	delegate this administration responsibility to another party.
7.12 	Administration includes coordination of full truckload pickups
7.13 	of covered CRT devices at household hazardous waste collection
7.14 	facilities by registrants; annual calculation of pro rata share
7.15 	for each manufacturer; and performing an annual sampling survey
7.16 	at household hazardous waste collection facilities sufficient to
7.17 	determine a fair basis on which to calculate pro rata share.
7.18 	(e) The office may adopt rules for the purpose of
7.19 	administering and enforcing this chapter.

7.20 	Sec. 4. [116H.70] OTHER PROGRAMS.
7.21 	(a) A city, county, or other public agency may not adopt,
7.22 	implement, or enforce an ordinance, resolution, regulation, or
7.23 	rule establishing a CRT device recycling program or a CRT device
7.24 	recycling fee, including any fee of any type applied at time of
7.25 	purchase of a CRT device, unless expressly authorized by this
7.26 	section.
7.27 	(b) This section does not prohibit:
7.28 	(1) the adoption, implementation, or enforcement of any
7.29 	local ordinance, resolution, regulation, or rule governing
7.30 	curbside or drop-off recycling programs operated by, or pursuant
7.31 	to a contract with, a city, county, or other public agency; or 
7.32 	(2) local programs operated under agreements with
7.33 	registrants that include fees for funding the programs,
7.34 	providing that the fees do not include a fee applied to the CRT
7.35 	device at the time of purchase.

7.36 	Sec. 5. [116H.75] REQUIREMENTS FOR PURCHASES BY STATE
8.1 	AGENCIES.
8.2 	(a) The Department of Administration must ensure that
8.3 	acquisitions of covered CRT devices under chapter 16C are
8.4 	certified by the vendor to be in compliance with section 116H.60.
8.5 	(b) The bid solicitation documents must specify that the
8.6 	prospective bidder is required to cooperate fully in providing
8.7 	reasonable access to its records and documents that evidence
8.8 	compliance with paragraph (a) and section 116H.60.
8.9 	(c) Any person awarded a contract under chapter 16C for
8.10 	purchase or lease of covered CRT devices that is found to be in
8.11 	violation of paragraph (a) or section 116H.60 is subject to the
8.12 	following sanctions:
8.13 	(1) the contract must be voided;
8.14 	(2) the contractor is ineligible to bid on any state
8.15 	contract for a period of three years; and 
8.16 	(3) if the attorney general establishes that any money,
8.17 	property, or benefit was obtained by a contractor as a result of
8.18 	violating paragraph (a) or section 116H.60, the court may, in
8.19 	addition to any other remedy, order the disgorgement of the
8.20 	unlawfully obtained money, property, or benefit.

8.21 	Sec. 6. [116H.80] LANDFILL DISPOSAL OF COVERED CRT
8.22 	DEVICES; REGULATION OF COVERED CRT DEVICES.
8.23 	Rules adopted by the office regarding the handling,
8.24 	storage, and treatment of covered CRT devices being recycled may
8.25 	not be more restrictive than regulations adopted by the United
8.26 	States Environmental Protection Agency.  If the United States
8.27 	Environmental Protection Agency adopts regulations under the
8.28 	Resource Conservation and Recovery Act regarding the handling,
8.29 	storage, or treatment of covered CRT devices being recycled,
8.30 	those regulations are automatically effective in the state on
8.31 	the same date and supersede any rules previously adopted by the
8.32 	office regarding the handling, storage, or treatment or covered
8.33 	CRT devices being recycled.

8.34 	Sec. 7. [116H.85] ENFORCEMENT
8.35 	(a) Civil liability may be administratively imposed by the
8.36 	office against a person for each sale by that person of a new
9.1 	covered CRT device not subject to a registration as required by
9.2 	section 116H.60, in an amount up to $....... per offense.  A
9.3 	civil penalty in an amount up to $....... may be imposed by a
9.4 	district court against a person for each sale by that person of
9.5 	a new covered CRT device not subject to such registration.
9.6 	(b) Civil liability may be administratively imposed by the
9.7 	office against a person who sells a new covered CRT device and
9.8 	has not filed with the office the certification required by
9.9 	section 116H.60, paragraph (a), in an amount up to ....... per
9.10 	offense.  A civil penalty in an amount up to ....... per offense
9.11 	may be imposed by a district court against a person who sells a
9.12 	new covered CRT device and has not filed with the office the
9.13 	certification required by section 116H.60, paragraph (a).
9.14 	(c) Civil liability may be administratively imposed by the
9.15 	office against registrants in an amount up to $....... for
9.16 	failure to provide the program as described in such
9.17 	registration.  A civil penalty in an amount up to $....... per
9.18 	offense may be imposed by a district court for failure to
9.19 	provide the program as described in such registration.
9.20 	(d) A fine or penalty may not be imposed pursuant to this
9.21 	section on any person who sells or offers for sale a new covered
9.22 	CRT device that is not subject to a registration as required by
9.23 	section 116H.60, paragraph (a), if that person reviewed the
9.24 	office's Web site within the period required for such review by
9.25 	section 116H.60 in the year in which the sale occurred and
9.26 	determined that, as of the date such review occurred, the new
9.27 	covered CRT device was subject to a registration and that
9.28 	information was included in the certification that was submitted
9.29 	to the office in accordance with the requirements of section
9.30 	116H.60.

9.31 	Sec. 8. [116H.90] LIMITATIONS.
9.32 	(a) This chapter becomes inoperative if either of the
9.33 	events in paragraph (b) or (c) occurs.
9.34 	(b) A federal law, or combination of federal laws, takes
9.35 	effect that establishes a program for the collection and for the
9.36 	recycling or reuse of covered CRT devices that is applicable to
10.1 	all covered CRT devices discarded by households if the law is
10.2 	applicable to all covered CRT devices sold in the United States.
10.3 	(c) A trial court issues a judgment, which is not appealed,
10.4 	or an appellate court issues a final order affirming a judgment
10.5 	of a trial court, holding that out-of-state manufacturers may
10.6 	not be required to provide a recycling, refurbishment, or reuse
10.7 	program as required by this chapter.  Any such order must be
10.8 	stayed until all appeals are concluded.  The out-of-state
10.9 	manufacturers shall continue to operate the recycling,
10.10 	refurbishment, or reuse program required by this chapter during
10.11 	the appeal process.