1.1 	A bill for an act
1.2 	relating to environment; modifying electronic waste management provisions;
1.3 	amending Minnesota Statutes 2014, sections 115A.1310, subdivisions 4, 7, 14, 
1.4 	15, 20, by adding subdivisions; 115A.1312; 115A.1314; 115A.1316; 115A.1318; 
1.5 	115A.1320; 115A.1322; 115A.1323; 115A.1328; 115A.9565; repealing 
1.6 	Minnesota Statutes 2014, section 115A.1310, subdivisions 8, 12.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2014, section 115A.1310, subdivision 4, is amended to 
1.9 	read:
1.10 		Subd. 4.Collector. "Collector" means a public or private entity participating in 
1.11 	the program that receives covered electronic devices from households and arranges for 
1.12 	the delivery of the devices to a recycler.

1.13 	Sec. 2. Minnesota Statutes 2014, section 115A.1310, subdivision 7, is amended to read:
1.14 		Subd. 7.Covered electronic device. "Covered electronic device" means computers, 
1.15 	peripherals, facsimile machines, DVD players, video cassette recorders, and a cell phone; 
1.16 	computer; small scale server; computer peripheral, including an electronic keyboard, 
1.17 	electronic mouse or similar pointing device, document scanner, printer, or external hard 
1.18 	drive; facsimile machine; small electronic equipment, including a video cassette recorder, 
1.19 	digital video recorder, digital media player, portable digital music player, disc-based video 
1.20 	media player, digital converter box, cable or satellite receiver, or electronic or video game 
1.21 	console; or video display devices device that are is sold to a household by means of 
1.22 	retail, wholesale, or electronic commerce.

2.1 	Sec. 3. Minnesota Statutes 2014, section 115A.1310, is amended by adding a 
2.2 	subdivision to read:
2.3 		Subd. 12a.Portable battery. "Portable battery" means a primary battery that 
2.4 	weighs two kilograms or less or a rechargeable battery as defined in section 115A.9157.

2.5 	Sec. 4. Minnesota Statutes 2014, section 115A.1310, subdivision 14, is amended to read:
2.6 		Subd. 14.Recycler. "Recycler" means:
2.7 	(1) a public or private individual or entity participating in the program who accepts 
2.8 	covered electronic devices from households and collectors for the purpose of recycling. A 
2.9 	manufacturer who takes products for refurbishment or repair is not a recycler, reuse, or 
2.10 	refurbishment; and
2.11 	(2) a public or private individual or entity participating in the program who reuses 
2.12 	covered electronic devices.

2.13 	Sec. 5. Minnesota Statutes 2014, section 115A.1310, subdivision 15, is amended to read:
2.14 		Subd. 15.Recycling. "Recycling" means the process of collecting and preparing 
2.15 	video display devices or covered electronic devices for use in manufacturing processes or 
2.16 	for recovery of usable materials followed by delivery of such materials for use. Recycling 
2.17 	does not include the destruction by incineration or other process or land disposal of 
2.18 	recyclable materials nor reuse, repair, or any other process through which video display 
2.19 	devices or covered electronic devices are returned to use for households in their original 
2.20 	form.

2.21 	Sec. 6. Minnesota Statutes 2014, section 115A.1310, is amended by adding a 
2.22 	subdivision to read:
2.23 		Subd. 17a.Reuse. "Reuse" means to rent, acquire, donate, or sell a product without 
2.24 	altering its properties, to be used again for its original or similar purpose, to extend the 
2.25 	life of a product and replace the need for a new product. Reuse includes product repair. 
2.26 	Reuse is not recycling.

2.27 	Sec. 7. Minnesota Statutes 2014, section 115A.1310, subdivision 20, is amended to read:
2.28 		Subd. 20.Video display device. "Video display device" means a television or;
2.29 	computer monitor, including a laptop computer,; tablet; or e-reader that contains a 
2.30 	cathode-ray tube or a flat panel screen with a screen size that is greater than nine inches 
2.31 	measured diagonally and that is marketed by manufacturers for use by households. Video 
2.32 	display device does not include any of the following:
3.1 	(1) a video display device that is part of a motor vehicle or any component part of a 
3.2 	motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including 
3.3 	replacement parts for use in a motor vehicle;
3.4 	(2) a video display device, including a touch-screen display, that is functionally or 
3.5 	physically part of a larger piece of equipment or is designed and intended for use in an 
3.6 	industrial; commercial, including retail; library checkout; traffic control; kiosk; security, 
3.7 	other than household security; border control; or medical setting, including diagnostic, 
3.8 	monitoring, or control equipment;
3.9 	(3) a video display device that is contained within a clothes washer, clothes dryer, 
3.10 	refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, 
3.11 	dishwasher, room air conditioner, dehumidifier, or air purifier; or
3.12 	(4) a telephone of any type unless it contains a video display area greater than nine 
3.13 	inches measured diagonally.

3.14 	Sec. 8. Minnesota Statutes 2014, section 115A.1312, is amended to read:
3.15 	115A.1312 REGISTRATION PROGRAM.
3.16 		Subdivision 1.Requirements for sale. (a) On or after September 1, 2007, a 
3.17 	manufacturer of video display devices must not sell or offer for sale or deliver to retailers 
3.18 	for subsequent sale a new video display device unless:
3.19 	(1) the video display device is labeled with the manufacturer's brand, which label is 
3.20 	permanently affixed and readily visible; and
3.21 	(2) the manufacturer has filed a registration with the agency, as specified in 
3.22 	subdivision 2.
3.23 	(b) On or after February 1, 2008, a retailer who sells or offers for sale a new video 
3.24 	display device to a household must, before the initial offer for sale, review the agency 
3.25 	Web site specified in subdivision 2, paragraph (g), to determine that all new video display 
3.26 	devices that the retailer is offering for sale are labeled with the manufacturer's brands that 
3.27 	are registered with the agency.
3.28 	(c) A retailer is not responsible for an unlawful sale under this subdivision if the 
3.29 	manufacturer's registration expired or was revoked and the retailer took possession of the 
3.30 	video display device prior to the expiration or revocation of the manufacturer's registration 
3.31 	and the unlawful sale occurred within six months after the expiration or revocation.
3.32 		Subd. 2.Manufacturer's registration. (a) A manufacturer of video display devices 
3.33 	sold or offered for sale to households in the state after September 1, 2007, must submit a 
3.34 	registration to the agency that includes:
4.1 	(1) a list of the manufacturer's brands of video display devices offered for sale in 
4.2 	this state;
4.3 	(2) the name, address, and contact information of a person responsible for ensuring 
4.4 	compliance with this chapter; and
4.5 	(3) a certification that the manufacturer has complied and will continue to comply 
4.6 	with the requirements of sections 115A.1312 to 115A.1318.
4.7 	(b) By September 1, 2008 October 1, 2016, and each year thereafter, a manufacturer 
4.8 	of video display devices sold or offered for sale to a household must include in the 
4.9 	registration submitted under paragraph (a), a statement disclosing whether:
4.10 	(1) any video display devices sold to households exceed the maximum concentration 
4.11 	values established for lead, mercury, cadmium, hexavalent chromium, polybrominated 
4.12 	biphenyls (PBB's), and polybrominated diphenyl ethers (PBDE's) under the RoHS 
4.13 	(restricting the use of certain hazardous substances in electrical and electronic equipment) 
4.14 	Directive 2002/95/EC of the European Parliament and Council and any amendments 
4.15 	thereto; or
4.16 	(2) the manufacturer has received an exemption from one or more of those maximum 
4.17 	concentration values under the RoHS Directive that has been approved and published by 
4.18 	the European Commission.
4.19 	(c) A manufacturer who begins to sell or offer for sale video display devices to 
4.20 	households after September 1, 2007, and has not filed a registration under this subdivision 
4.21 	must submit a registration to the agency within ten days of beginning to sell or offer for 
4.22 	sale video display devices to households.
4.23 	(d) A registration must be updated within ten days after a change in the 
4.24 	manufacturer's brands of video display devices sold or offered for sale to households.
4.25 	(e) A registration is effective upon receipt by the agency and is valid until September
4.26 	October 1 of each year.
4.27 	(f) The agency must review each registration and notify the manufacturer of any 
4.28 	information required by this section that is omitted from the registration. Within 30 days 
4.29 	of receipt of a notification from the agency, the manufacturer must submit a revised 
4.30 	registration providing the information noted by the agency.
4.31 	(g) The agency must maintain on its Web site the names of manufacturers and the 
4.32 	manufacturers' brands listed in registrations filed with the agency. The agency must 
4.33 	update the Web site information promptly upon receipt of a new or updated registration. 
4.34 	The Web site must contain prominent language stating, in effect, that sections 115A.1310
4.35 	to 115A.1330 are directed at household equipment and the manufacturers' brands list is, 
5.1 	therefore, not a list of manufacturers qualified to sell to industrial, commercial, or other 
5.2 	markets identified as exempt from the requirements of sections 115A.1310 to 115A.1330.
5.3 		Subd. 3.Collector's registration. After August 1, 2007, no person may operate as 
5.4 	a collector of covered electronic devices from households unless that person has submitted 
5.5 	a registration with the agency on a form prescribed by the commissioner. Registration 
5.6 	information must include the name, address, telephone number, and location of the 
5.7 	business and a certification that the collector has complied and will continue to comply 
5.8 	with the requirements of sections 115A.1312 to 115A.1318. A registration is effective 
5.9 	upon receipt by the agency and is valid until July 1 of each year.
5.10 		Subd. 4.Recycler's registration. After August 1, 2007, no person may recycle 
5.11 	video display covered electronic devices generated by households unless that person 
5.12 	has submitted a registration with the agency on a form prescribed by the commissioner. 
5.13 	Registration information must include the name, address, telephone number, and location 
5.14 	of all recycling facilities under the direct control of the recycler that may receive video 
5.15 	display covered electronic devices from households and a certification that the recycler 
5.16 	has complied and will continue to comply with the requirements of sections 115A.1312
5.17 	to 115A.1318. A registered recycler may conduct recycling activities that are consistent 
5.18 	with this chapter. A registration is effective upon receipt by the agency and is valid until 
5.19 	July 1 of each year.

5.20 	Sec. 9. Minnesota Statutes 2014, section 115A.1314, is amended to read:
5.21 	115A.1314 MANUFACTURER'S REGISTRATION FEE.
5.22 		Subdivision 1.Registration fee. (a) Each manufacturer who registers under section 
5.23 	115A.1312 must, by September 1, 2007 October 1, 2016, and each year thereafter, pay to 
5.24 	the commissioner of revenue an annual registration fee. The commissioner of revenue
5.25 	must deposit the fee in the state treasury and credit the fee to the environmental fund.
5.26 	(b) The registration fee for manufacturers that sell over 100 video display devices to 
5.27 	households in the state during the previous calendar year is equal to a base fee of $2,500, 
5.28 	plus a variable recycling fee. The registration fee is calculated according to the formula on 
5.29 	the registration form prescribed by the commissioner based on:
5.30 	((A x B) - (C + D)) x E, where:
5.31 	(1) A = the number of pounds of a manufacturer's video display devices sold 
5.32 	to households during the previous program year, as reported to the department the 
5.33 	manufacturer's recycling or reuse obligation as determined by the agency under section 
5.34 	115A.1316, subdivision 1 115A.1320;
6.1 	(2) B = the proportion of sales of video display devices required to be recycled, set at 
6.2 	0.6 for the first program year and 0.8 for the second program year and every year thereafter;
6.3 	(3) C = (2) the number of pounds of covered electronic devices recycled by a 
6.4 	manufacturer from households during the previous program year, as reported to the 
6.5 	department agency under section 115A.1316, subdivision 1;
6.6 	(4) D = (3) the number of recycling credits a manufacturer elects to use to calculate 
6.7 	the variable recycling fee, as reported to the department agency under section 115A.1316, 
6.8 	subdivision 1; and
6.9 	(5) E = (4) the estimated per-pound cost of recycling, initially set at $0.50 per pound 
6.10 	for manufacturers who reuse or recycle less than 50 percent of the product (A x B)
6.11 	manufacturer's obligation; $0.40 per pound for manufacturers who recycle or reuse at least 
6.12 	50 percent but less than 90 percent of the product (A x B) manufacturer's obligation; and 
6.13 	$0.30 per pound for manufacturers who reuse or recycle at least 90 percent but less than 
6.14 	100 percent of the product (A x B) manufacturer's obligation.
6.15 	(c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number 
6.16 	of pounds, the manufacturer's collection and reuse or recycling of covered electronic 
6.17 	devices exceed the obligation specified in section 115A.1320, that amount is defined as 
6.18 	the manufacturer's recycling credits. A manufacturer may retain recycling credits to 
6.19 	be added, in whole or in part, to the actual value of C, the obligation as reported under 
6.20 	section 115A.1316, subdivision 2, during any succeeding program year, provided that no 
6.21 	more than 25 percent of a manufacturer's obligation (A x B) for any program year may be 
6.22 	met with recycling credits generated in a prior program year. A manufacturer may sell 
6.23 	any portion or all of its recycling credits to another manufacturer, at a price negotiated by 
6.24 	the parties, who may use the credits in the same manner.
6.25 	(d) For the purpose of calculating a manufacturer's variable recycling fee under 
6.26 	paragraph (b), the weight of covered electronic devices collected from households located 
6.27 	outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is 
6.28 	calculated at 1.5 times their actual weight.
6.29 	(e) The registration fee for the initial program year and the base registration fee 
6.30 	thereafter for a manufacturer who produces fewer than 100 video display devices for sale 
6.31 	annually to households is $1,250.
6.32 		Subd. 2.Use of registration fees. (a) Registration fees may be used by the 
6.33 	commissioner for:
6.34 	(1) implementing sections 115A.1312 to 115A.1330, including transfer to the 
6.35 	commissioner of revenue to carry out the department's duties under section 115A.1320, 
7.1 	subdivision 2, and for transfer to the commissioner of administration for responsibilities 
7.2 	under section 115A.1324; and
7.3 	(2) grants to counties outside the 11-county metropolitan area, as defined in 
7.4 	paragraph (b), and to private entities that collect for recycling or reuse covered electronic 
7.5 	devices in counties outside the 11-county metropolitan area, where the collection and,
7.6 	recycling, and reuse is consistent with the respective county's solid waste plan, for 
7.7 	the purpose of carrying out the activities under sections 115A.1312 to 115A.1330. In 
7.8 	awarding competitive grants under this clause, the commissioner must give preference to 
7.9 	counties and private entities that are working cooperatively with manufacturers to help 
7.10 	them meet their recycling and reuse obligations under section 115A.1318, subdivision 1.
7.11 	(b) The 11-county metropolitan area consists of the counties of Anoka, Carver, 
7.12 	Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

7.13 	Sec. 10. Minnesota Statutes 2014, section 115A.1316, is amended to read:
7.14 	115A.1316 REPORTING REQUIREMENTS.
7.15 		Subdivision 1.Manufacturer's reporting requirements. (a) By September October
7.16 	1 of each year, beginning in 2008 2016, each manufacturer of video display devices must 
7.17 	report to the department agency using the form prescribed by the commissioner:
7.18 	(1) the total weight of each specific model of its video display devices sold to 
7.19 	households during the previous program calendar year;
7.20 	(2) the total weight of its video display devices sold to households during the 
7.21 	previous calendar year; or
7.22 	(3) an estimate of the total weight of its video display devices sold to households 
7.23 	during the previous program calendar year, calculated by multiplying the weight of its 
7.24 	video display devices sold nationally times the quotient of Minnesota's population divided 
7.25 	by the national population. All manufacturers with sales of 100 or fewer video display 
7.26 	devices to households in the state during the previous calendar year must report using the 
7.27 	method under this clause for calculating sales.
7.28 	A manufacturer must submit with the report required under this paragraph a 
7.29 	description of how the information or estimate was calculated.
7.30 	(b) By September October 1 of each year, beginning in 2008 2016, each 
7.31 	manufacturer must report to the department agency the total weight of covered electronic 
7.32 	devices the manufacturer collected from households and recycled or arranged to have 
7.33 	collected and recycled during the preceding program year. If a manufacturer wishes 
7.34 	to receive the variable recycling rate of 1.5 for covered electronic devices it recycles, 
7.35 	the manufacturer must report separately the total weight of covered electronic devices 
8.1 	collected from households located in counties specified in section 115A.1314, subdivision 
8.2 	1, paragraph (d), and those collected from households located outside those counties.
8.3 	(c) By September October 1 of each year, beginning in 2008 2016, each manufacturer 
8.4 	must report to the department agency:
8.5 	(1) the number of recycling credits the manufacturer has purchased and sold during 
8.6 	the preceding program year;
8.7 	(2) the number of recycling credits possessed by the manufacturer that the 
8.8 	manufacturer elects to use in the calculation of its variable recycling fee under section 
8.9 	115A.1314, subdivision 1; and
8.10 	(3) the number of recycling credits the manufacturer retains at the beginning of 
8.11 	the current program year.
8.12 		Subd. 2.Recycler's reporting requirements. By August October 1 of each year, 
8.13 	beginning in 2008 2016, a recycler of covered electronic devices must report to the agency 
8.14 	and the department:
8.15 	(1) the total weight of covered electronic devices recycled during the preceding 
8.16 	program year and must certify that the recycler has complied with section 115A.1318, 
8.17 	subdivision 2.; and
8.18 	(2) the weight of portable batteries and any mercury-containing lamps that are 
8.19 	associated with the covered electronic devices managed.
8.20 		Subd. 3.Collector's reporting requirements. By August October 1 of each year, 
8.21 	beginning in 2008 2016, a collector must report separately to the agency the total pounds 
8.22 	of covered electronic devices collected in the counties specified in section 115A.1314, 
8.23 	subdivision 1, paragraph (d), and all other Minnesota counties, and a list of all recyclers 
8.24 	to whom collectors delivered covered electronic devices.

8.25 	Sec. 11. Minnesota Statutes 2014, section 115A.1318, is amended to read:
8.26 	115A.1318 RESPONSIBILITIES.
8.27 		Subdivision 1.Manufacturer's responsibilities. (a) In addition to fulfilling the 
8.28 	requirements of sections 115A.1310 to 115A.1330, a manufacturer must comply with 
8.29 	paragraphs (b) to (e).
8.30 	(b) A manufacturer must annually recycle or arrange for the collection and recycling 
8.31 	of an amount of covered electronic devices equal to the total weight of its video display 
8.32 	devices sold to households during the preceding program year, multiplied by the proportion 
8.33 	of sales of video display devices required to be recycled, as established by the agency 
8.34 	under as determined by the agency in section 115A.1320, subdivision 1, paragraph (c).
9.1 	(c) The obligations of a manufacturer apply only to video display covered electronic
9.2 	devices received from households and do not apply to video display covered electronic
9.3 	devices received from sources other than households.
9.4 	(d) A manufacturer must conduct and document due diligence assessments of 
9.5 	collectors and recyclers it contracts with, including an assessment of items specified 
9.6 	under subdivision 2. A manufacturer is responsible for maintaining, for a period of 
9.7 	three years, documentation that all video display covered electronic devices recycled, 
9.8 	partially recycled, or sent to downstream recycling and reuse operations comply with 
9.9 	the requirements of subdivision 2.
9.10 	(e) A manufacturer must provide the agency with contact information for a person 
9.11 	who can be contacted regarding the manufacturer's activities under sections 115A.1310
9.12 	to 115A.1320.
9.13 		Subd. 1a.Collector's responsibilities. (a) A collector must:
9.14 	(1) accept covered electronic devices at no charge to those seeking to manage 
9.15 	unwanted covered electronic devices; and
9.16 	(2) make available all covered electronic devices to the manufacturer stewardship 
9.17 	program unless otherwise stipulated.
9.18 	(b) Collection sites must be:
9.19 	(1) staffed; and
9.20 	(2) open to the public at a frequency adequate to meet the needs of the area being 
9.21 	served.
9.22 	(c) A collector may limit the number of covered electronic products or covered 
9.23 	electronic products by product type accepted per customer per day or per delivery at a 
9.24 	collection site or service.
9.25 		Subd. 2.Recycler's responsibilities. (a) As part of the report submitted under 
9.26 	section 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph 
9.27 	(b), that facilities that recycle video display covered electronic devices, including all 
9.28 	downstream recycling and reuse operations:
9.29 	(1) comply with all applicable health, environmental, safety, and financial 
9.30 	responsibility regulations;
9.31 	(2) are licensed by all applicable governmental authorities;
9.32 	(3) use no prison labor to recycle video display covered electronic devices; and
9.33 	(4) possess liability insurance of not less than $1,000,000 for environmental releases, 
9.34 	accidents, and other emergencies.; and
9.35 	(5) secure and maintain certification to an environmentally sound management 
9.36 	standard through an accredited third-party certification body.
10.1 	(b) A nonprofit corporation that contracts with a correctional institution to refurbish 
10.2 	and reuse donated computers in schools is exempt from paragraph (a), clauses (3) and (4).
10.3 	(c) Except to the extent otherwise required by law, a recycler has no responsibility 
10.4 	for any data that may be contained in a covered electronic device if an information storage 
10.5 	device is included in the covered electronic device.
10.6 		Subd. 3.Retailer's responsibilities.  A retailer who sells new video display devices 
10.7 	shall provide information to households describing where and how they may recycle 
10.8 	video display devices and advising them of opportunities and locations for the convenient 
10.9 	collection of video display devices for the purpose of recycling or reuse. This requirement 
10.10 	may be met by providing to households the agency's toll-free number and Web site 
10.11 	address. Retailers selling through catalogs or the Internet may meet this requirement by 
10.12 	including the information in a prominent location on the retailer's Web site.

10.13 	Sec. 12. Minnesota Statutes 2014, section 115A.1320, is amended to read:
10.14 	115A.1320 AGENCY AND DEPARTMENT DUTIES.
10.15 		Subdivision 1.Duties of agency. (a) The agency shall administer sections 
10.16 	115A.1310 to 115A.1330.
10.17 	(b) The agency shall establish procedures for:
10.18 	(1) receipt and maintenance of the registration statements and certifications filed 
10.19 	with the agency under section 115A.1312; and
10.20 	(2) making the statements and certifications easily available to manufacturers, 
10.21 	retailers, and members of the public.
10.22 	(c) The agency shall annually review the value of the following variables that are 
10.23 	part of the formula used to calculate a manufacturer's annual registration fee under section 
10.24 	115A.1314, subdivision 1:
10.25 	(1) the proportion of sales of video display devices sold to households that 
10.26 	manufacturers are required to recycle the obligation for manufacturers as determined 
10.27 	by the agency under this section;
10.28 	(2) the estimated per-pound price of recycling covered electronic devices sold to 
10.29 	households; and
10.30 	(3) the base registration fee; and.
10.31 	(4) the multiplier established for the weight of covered electronic devices collected 
10.32 	in section 115A.1314, subdivision 1, paragraph (d).
10.33 	(d) If the agency determines that any of these values must be changed in order 
10.34 	to improve the efficiency or effectiveness of the activities regulated under sections 
10.35 	115A.1312 to 115A.1330 or if the revenues in the account exceed the amount that the 
11.1 	agency determines is necessary, the agency shall submit recommended changes and the 
11.2 	reasons for them to the chairs of the senate and house of representatives committees 
11.3 	with jurisdiction over solid waste policy.
11.4 	(d) By January 15 each year, beginning in 2008, the agency shall calculate estimated 
11.5 	sales of video display devices sold to households by each manufacturer during the 
11.6 	preceding program calendar year, based on national sales data, and forward the estimates 
11.7 	to the department.
11.8 	(e) By February 1 each year, beginning in 2017, the agency shall publish a statewide 
11.9 	recycling and reuse goal for all covered electronic device waste that is the sum of the 
11.10 	average weight of all covered electronic devices collected for recycling or reuse during the 
11.11 	previous two program years as reported to the agency according to section 115A.1316.
11.12 	(f) By February 1 each year, beginning in 2017, the agency shall determine each 
11.13 	registered manufacturer's market share of covered electronic devices to be collected and 
11.14 	recycled or reused based on the manufacturer's percentage share of the total weight of 
11.15 	video display devices sold as determined by the best available information including, but 
11.16 	not limited to, state sales data reported by weight. Beginning February 1, 2017, and each 
11.17 	year thereafter, the agency shall provide each manufacturer with a determination of its 
11.18 	market share of video display devices to be collected and recycled or reused, which is the 
11.19 	quotient of the total weight of the manufacturer's video display devices sold to households 
11.20 	as established under section 115A.1316 based on the average annual sales during the 
11.21 	preceding calendar year, as reported, divided by the total weight of all manufacturers' 
11.22 	video display devices sold to households in this state based on the annual retail sales 
11.23 	during the previous calendar year.
11.24 	(e) (g) The agency shall provide a report to the governor and the legislature on 
11.25 	the implementation of sections 115A.1310 to 115A.1330. For each program year, the 
11.26 	report must discuss the total weight of covered electronic devices recycled or reused and a 
11.27 	summary of information in the reports submitted by manufacturers and recyclers under 
11.28 	section 115A.1316. The report must also discuss the various collection programs used 
11.29 	by manufacturers to collect covered electronic devices; information regarding covered 
11.30 	electronic devices that are being collected by persons other than registered manufacturers, 
11.31 	collectors, and recyclers; and information about covered electronic devices, if any, being 
11.32 	disposed of in landfills in this state. The report must include a description of enforcement 
11.33 	actions under sections 115A.1310 to 115A.1330. The agency may include in its report 
11.34 	other information received by the agency regarding the implementation of sections 
11.35 	115A.1312 to 115A.1330. The report must be done in conjunction with the report required 
11.36 	under section 115A.121.
12.1 	(f) (h) The agency shall promote public participation in the activities regulated under 
12.2 	sections 115A.1312 to 115A.1330 through public education and outreach efforts.
12.3 	(g) (i) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner 
12.4 	provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those 
12.5 	provisions enforced by the department, as provided in subdivision 2. The agency may 
12.6 	revoke a registration of a collector or recycler found to have violated sections 115A.1310 
12.7 	to 115A.1330.
12.8 	(h) (j) The agency shall facilitate communication between counties, collection and 
12.9 	recycling centers, and manufacturers to ensure that manufacturers are aware of video 
12.10 	display covered electronic devices available for recycling or reuse.
12.11 	(i) The agency shall develop a form retailers must use to report information to 
12.12 	manufacturers under section 115A.1318 and post it on the agency's Web site.
12.13 	(j) (k) The agency shall post on its Web site the contact information provided by 
12.14 	each manufacturer under section 115A.1318, paragraph (e).
12.15 		Subd. 2.Additional duties of department. (a) The department agency must collect 
12.16 	the data submitted to it annually by each manufacturer on the total weight of each specific 
12.17 	model of video display device sold to households, if provided; the total weight of video 
12.18 	display devices sold to households; the total weight of covered electronic devices collected 
12.19 	from households that are recycled or reused; and data on recycling credits, as required 
12.20 	under section 115A.1316. The department agency must use this data to review each 
12.21 	manufacturer's annual registration fee submitted to the department to ensure that the fee 
12.22 	was calculated accurately according to the formula in section 115A.1314, subdivision 1.
12.23 	(b) The department agency must estimate, for each registered manufacturer, the sales 
12.24 	of video display devices to households during the previous program calendar year, based on:
12.25 	(1) data provided by a manufacturer on sales of video display devices to households, 
12.26 	including documentation describing how that amount was calculated and certification that 
12.27 	the amount is accurate; or
12.28 	(2) if a manufacturer does not provide the data specified in clause (1), national data 
12.29 	on sales of video display devices.
12.30 	The department agency must use the data specified in this subdivision to review each 
12.31 	manufacturer's annual registration fee submitted to the department to ensure that the fee 
12.32 	was calculated accurately according to the formula in section 115A.1314, subdivision 1.
12.33 	(c) The department agency must enforce section 115A.1314, subdivision 1. The 
12.34 	audit, assessment, appeal, collection, enforcement, disclosure, and other administrative 
12.35 	provisions of chapters 270B, 270C, and 289A that apply to the taxes imposed under 
12.36 	chapter 297A apply to the fee imposed under section 115A.1314, subdivision 1. To enforce 
13.1 	this subdivision, section 115A.1314, subdivision 1, the commissioner may request that the 
13.2 	commissioner of revenue may grant extensions to pay, and impose and abate penalties and 
13.3 	interest on, the fee due under section 115A.1314, subdivision 1, in the manner provided in 
13.4 	chapters 270C and 289A as if the fee were a tax imposed under chapter 297A.
13.5 	(d) The department may disclose nonpublic data to the agency only when necessary 
13.6 	for the efficient and effective administration of the activities regulated under sections 
13.7 	115A.1310 to 115A.1330. Any data disclosed by the department to the agency retains the 
13.8 	classification it had when in the possession of the department.

13.9 	Sec. 13. Minnesota Statutes 2014, section 115A.1322, is amended to read:
13.10 	115A.1322 OTHER RECYCLING PROGRAMS.
13.11 	A city, county, or other public agency may not require households to use public 
13.12 	facilities to recycle their covered electronic devices to the exclusion of other lawful 
13.13 	programs available. Cities, counties, and other public agencies, including those awarded 
13.14 	contracts by the agency under section 115A.1314, subdivision 2, are encouraged to work 
13.15 	with manufacturers to assist them in meeting their recycling or reuse obligations under 
13.16 	section 115A.1318, subdivision 1. Nothing in sections 115A.1310 to 115A.1330 prohibits 
13.17 	or restricts the operation of any program recycling or reusing covered electronic devices 
13.18 	in addition to those provided by manufacturers or prohibits or restricts any persons from 
13.19 	receiving, collecting, transporting, or recycling, or reusing covered electronic devices, 
13.20 	provided that those persons are registered under section 115A.1312.

13.21 	Sec. 14. Minnesota Statutes 2014, section 115A.1323, is amended to read:
13.22 	115A.1323 ANTICOMPETITIVE CONDUCT.
13.23 	(a) A manufacturer that organizes collection or, recycling, or reuse under this section
13.24 	sections 115A.1310 to 115A.1322 is authorized to engage in anticompetitive conduct to 
13.25 	the extent necessary to plan and implement its chosen organized collection or, recycling, 
13.26 	or reuse system and is immune from liability under state laws relating to antitrust, restraint 
13.27 	of trade, unfair trade practices, and other regulation of trade or commerce.
13.28 	(b) An organization of manufacturers, an individual manufacturer, and its officers, 
13.29 	members, employees, and agents who cooperate with a political subdivision that organizes 
13.30 	collection or, recycling, or reuse under this section sections 115A.1310 to 115A.1322
13.31 	are authorized to engage in anticompetitive conduct to the extent necessary to plan and 
13.32 	implement the organized collection or, recycling, or reuse system, provided that the 
13.33 	political subdivision actively supervises the participation of each entity. An organization, 
13.34 	entity, or person covered by this paragraph is immune from liability under state law 
14.1 	relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade 
14.2 	or commerce.

14.3 	Sec. 15. Minnesota Statutes 2014, section 115A.1328, is amended to read:
14.4 	115A.1328 MULTISTATE IMPLEMENTATION.
14.5 	The agency and department are is authorized to participate in the establishment of 
14.6 	a regional multistate organization or compact to assist in carrying out the requirements 
14.7 	of this chapter.

14.8 	Sec. 16. Minnesota Statutes 2014, section 115A.9565, is amended to read:
14.9 	115A.9565 CATHODE-RAY TUBE PROHIBITION ON CERTAIN 
14.10 	ELECTRONIC ITEMS.
14.11 	Effective July 1, 2006 2017, a person may not place in mixed municipal solid waste 
14.12 	an a cell phone, computer, small scale server, electronic keyboard, electronic mouse or 
14.13 	similar pointing device, document scanner, printer, external hard drive, fax machine, video 
14.14 	casette recorder, digital video recorder, digital media player, portable digital music player, 
14.15 	disc-based video media player without a screen, digital converter box, cable or satellite 
14.16 	receiver, video game console, or electronic product containing a cathode-ray tube.

14.17 	Sec. 17.  REPEALER.
 14.18 	Minnesota Statutes 2014, section 115A.1310, subdivisions 8 and 12, are repealed.