Safe Battery Collection and Recycling Stewardship Act

1.1 A bill for an act​ 1.2 relating to environment; enacting the Safe Battery Collection and Recycling​ 1.3 Stewardship Act; establishing a covered electronics device manufacturer electronic​ 1.4 waste recycling program; establishing an Electronics Recycling Advisory Task​ 1.5 Force; creating civil penalties; authorizing rulemaking; appropriating money;​ 1.6 requiring reports; proposing coding for new law in Minnesota Statutes, chapter​ 1.7 115A; repealing Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2,​ 1.8 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, 20; 115A.1312;​ 1.9 115A.1314; 115A.1316; 115A.1318; 115A.1320; 115A.1322; 115A.1323;​ 1.10 115A.1324; 115A.1326; 115A.1328; 115A.1330; 115A.9157, subdivisions 1, 2,​ 1.11 3, 5, 6, 7, 8, 9; 325E.125, subdivisions 3, 4, 5.​ 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.13 ARTICLE 1​ 1.14 BATTERY STEWARDSHIP​ 1.15 Section 1. [115A.9165] SHORT TITLE.​ 1.16 Sections 115A.9165 to 115A.9184 are the "Safe Battery Collection and Recycling​ 1.17 Stewardship Act."​ 1.18 Sec. 2. [115A.9167] DEFINITIONS.​ 1.19 Subdivision 1. Scope. For purposes of sections 115A.9165 to 115A.9184, the terms in​ 1.20 this section have the meanings given.​ 1.21 Subd. 2. Battery-containing product. "Battery-containing product" means a product​ 1.22 that contains or is packaged with one or more covered batteries. A battery-containing product​ 1.23 does not include a covered electronic device as defined in section 115A.1341.​ 1​Article 1 Sec. 2.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ SENATE​ STATE OF MINNESOTA​ S.F. No. 5174​NINETY-FOURTH SESSION​ (SENATE AUTHORS: FRENTZ)​ OFFICIAL STATUS​D-PG​DATE​ Introduction and first reading​04/20/2026​ Referred to Environment, Climate, and Legacy​ 2.1 Subd. 3. Battery stewardship organization. "Battery stewardship organization" means​ 2.2 all of the following, as applicable:​ 2.3 (1) a producer that directly implements a stewardship plan;​ 2.4 (2) an organization that implements a stewardship plan on behalf of five or more​ 2.5 producers; and​ 2.6 (3) an entity that has submitted a draft stewardship plan to the commissioner if, once​ 2.7 the plan is approved, the entity will be one of the entities described in clause (1) or (2).​ 2.8 Subd. 4. Covered battery. "Covered battery" means a portable battery or a​ 2.9 medium-format battery other than:​ 2.10 (1) a battery contained within a medical device, as specified in United States Code, title​ 2.11 21, section 321(h), as amended through the effective date of this section, that is not designed​ 2.12 and marketed for sale or resale principally to consumers for personal use;​ 2.13 (2) a battery that contains an electrolyte as a free liquid;​ 2.14 (3) a lead-acid battery weighing more than 11 pounds;​ 2.15 (4) a battery in a battery-containing product that is not intended or designed to be easily​ 2.16 removable from the battery-containing product;​ 2.17 (5) a battery that is being recalled for safety reasons; or​ 2.18 (6) a battery designed to power a motor vehicle, part of a motor vehicle, or a component​ 2.19 part of a motor vehicle assembled by or for a vehicle manufacturer or franchised dealer,​ 2.20 including replacement parts for use in a motor vehicle. For purposes of this clause, "motor​ 2.21 vehicle" means a self-propelled mechanical device that has a vehicle identification number​ 2.22 and is manufactured primarily for transporting people or property on public streets, roads,​ 2.23 and highways, excluding devices that run on stationary rails or tracks or that fly.​ 2.24 Subd. 5. Damaged and defective battery. "Damaged and defective battery" means a​ 2.25 battery that:​ 2.26 (1) has been damaged or identified by the manufacturer as being defective for safety​ 2.27 reasons;​ 2.28 (2) has the potential of producing a dangerous evolution of heat, fire, or short circuit, as​ 2.29 provided under Code of Federal Regulations, title 49, section 173.185(f), as amended through​ 2.30 January 1, 2023; or​ 2​Article 1 Sec. 2.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 3.1 (3) is designated as a damaged and defective battery by the commissioner by rule to​ 3.2 maintain consistency with federal standards.​ 3.3 Subd. 6. Easily removable. "Easily removable" means designed by the manufacturer​ 3.4 to be removable by the user of the product with no more than commonly used, commercially​ 3.5 available household tools.​ 3.6 Subd. 7. Environmentally sound manner. "Environmentally sound manner" means in​ 3.7 accordance with management practices undertaken in connection with sections 115A.9165​ 3.8 to 115A.9184 that:​ 3.9 (1) comply with all applicable laws and rules in place to protect workers, public health,​ 3.10 and the environment;​ 3.11 (2) provide for adequate record keeping, tracking, and documenting of the disposition​ 3.12 of materials within the state and beyond; and​ 3.13 (3) include comprehensive liability coverage for a battery stewardship organization,​ 3.14 including environmental liability coverage that is commercially practicable.​ 3.15 Subd. 8. Medium-format battery. "Medium-format battery" means the following​ 3.16 covered batteries:​ 3.17 (1) for rechargeable batteries, a battery weighing more than 11 pounds or having a rating​ 3.18 of more than 300 watt-hours, or both, but weighing no more than 25 pounds and having a​ 3.19 rating of no more than 2,000 watt-hours; and​ 3.20 (2) for primary batteries, a battery weighing more than 4.4 pounds but not more than 25​ 3.21 pounds.​ 3.22 Subd. 9. Portable battery. "Portable battery" means the following covered batteries:​ 3.23 (1) for rechargeable batteries, a battery weighing no more than 11 pounds and having a​ 3.24 rating of no more than 300 watt-hours; and​ 3.25 (2) for primary batteries, a battery weighing no more than 4.4 pounds.​ 3.26 Subd. 10. Primary battery. "Primary battery" means a battery that is not capable of​ 3.27 being recharged.​ 3.28 Subd. 11. Producer. "Producer" means the following person responsible for compliance​ 3.29 with sections 115A.9165 to 115A.9184 for a covered battery or battery-containing product​ 3.30 sold, offered for sale, or distributed in or into Minnesota:​ 3.31 (1) for covered batteries:​ 3​Article 1 Sec. 2.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 4.1 (i) if the battery is sold under the brand of the battery manufacturer, the producer is the​ 4.2 person that manufactures the battery;​ 4.3 (ii) if the battery is sold under a retail brand or under a brand owned by a person other​ 4.4 than the manufacturer, the producer is the brand owner;​ 4.5 (iii) if there is no person to which item (i) or (ii) apply, the producer is the person that​ 4.6 is the licensee of a brand or trademark under which the battery is used in a commercial​ 4.7 enterprise, sold, offered for sale, or distributed in or into Minnesota, whether or not the​ 4.8 trademark is registered in Minnesota;​ 4.9 (iv) if there is no person described in items (i) to (iii) within the United States, the​ 4.10 producer is the person who is the importer of record for the battery into the United States​ 4.11 for use in a commercial enterprise that sells, offers for sale, or distributes the battery in​ 4.12 Minnesota; and​ 4.13 (v) if there is no person described in items (i) to (iv) with a commercial presence within​ 4.14 Minnesota, the producer is the person who first sells, offers for sale, or distributes the battery​ 4.15 in or into Minnesota; and​ 4.16 (2) for covered battery-containing products:​ 4.17 (i) if the battery-containing product is sold under the brand of the product manufacturer,​ 4.18 the producer is the person that manufactures the product;​ 4.19 (ii) if the battery-containing product is sold under a retail brand or under a brand owned​ 4.20 by a person other than the manufacturer, the producer is the brand owner;​ 4.21 (iii) if there is no person to which item (i) or (ii) apply, the producer is the person that​ 4.22 is the licensee of a brand or trademark under which the product is used in a commercial​ 4.23 enterprise, sold, offered for sale, or distributed in or into Minnesota, whether or not the​ 4.24 trademark is registered in Minnesota;​ 4.25 (iv) if there is no person described in items (i) to (iii) within the United States, the​ 4.26 producer is the person who is the importer of record for the product into the United States​ 4.27 for use in a commercial enterprise that sells, offers for sale, or distributes the product in​ 4.28 Minnesota;​ 4.29 (v) if there is no person described in items (i) to (iv) with a commercial presence within​ 4.30 Minnesota, the producer is the person who first sells, offers for sale, or distributes the product​ 4.31 in or into Minnesota; and​ 4​Article 1 Sec. 2.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 5.1 (vi) producer does not include a person who only manufactures, sells, offers for sale,​ 5.2 distributes, or imports into Minnesota a battery-containing product if the only batteries used​ 5.3 by the battery-containing product are supplied by a producer that has joined a registered​ 5.4 battery stewardship organization as the producer for that covered battery under sections​ 5.5 115A.9165 to 115A.9184. Such a producer of covered batteries that are included in a​ 5.6 battery-containing product must provide written certification of that membership to both​ 5.7 the producer of the covered battery-containing product and a battery stewardship organization​ 5.8 of which the battery producer is a member.​ 5.9 Subd. 12. Rechargeable battery. "Rechargeable battery" means a battery that contains​ 5.10 one or more voltaic or galvanic cells, electrically connected to produce electric energy,​ 5.11 designed to be recharged.​ 5.12 Subd. 13. Recycling efficiency rate. "Recycling efficiency rate" means the ratio of the​ 5.13 weight of covered battery components and materials recycled to the weight of covered​ 5.14 batteries collected during a given period.​ 5.15 Subd. 14. Retailer. "Retailer" means a person who sells covered batteries or​ 5.16 battery-containing products in or into the state or offers or otherwise makes available covered​ 5.17 batteries or battery-containing products to a customer, including other businesses, in the​ 5.18 state.​ 5.19 Subd. 15. Stewardship plan. "Stewardship plan" means a plan submitted and approved​ 5.20 under section 115A.9169 for operating a stewardship program.​ 5.21 Subd. 16. Stewardship program. "Stewardship program" means a program for the​ 5.22 collection and responsible disposal of covered batteries implemented by a battery stewardship​ 5.23 organization under a stewardship plan.​ 5.24 Sec. 3. [115A.9168] PRODUCERS REQUIRED TO PARTICIPATE IN​ 5.25 STEWARDSHIP PROGRAM.​ 5.26 Beginning January 1, 2028, a producer may not do any of the following in or into this​ 5.27 state unless the producer participates in a stewardship program:​ 5.28 (1) sell a covered battery or battery-containing product;​ 5.29 (2) offer to sell or make available for sale a covered battery or battery-containing product;​ 5.30 or​ 5.31 (3) distribute covered batteries or battery-containing products.​ 5​Article 1 Sec. 3.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 6.1 Sec. 4. [115A.9169] STEWARDSHIP PLANS.​ 6.2 Subdivision 1. Stewardship plan contents. A stewardship plan must:​ 6.3 (1) include a list of each producer, covered battery brand, and battery-containing product​ 6.4 brand participating in the stewardship program;​ 6.5 (2) include contact information for each producer participating in the stewardship​ 6.6 program;​ 6.7 (3) explain how the stewardship program will comply with sections 115A.9170 to​ 6.8 115A.9174 during each year the plan is in effect;​ 6.9 (4) identify proposed sorters, transporters, processors, and facilities to be used by the​ 6.10 program for the final disposition of batteries and how collected batteries will be managed​ 6.11 in an environmentally sound manner at facilities operating in compliance with human health​ 6.12 and environmental protection standards that are broadly equivalent to or better than those​ 6.13 required under federal law;​ 6.14 (5) describe the criteria to be used in the program to determine whether an entity may​ 6.15 serve as a collection site for discarded covered batteries under the program; and​ 6.16 (6) describe how the plan will work in conjunction with other stewardship plans to​ 6.17 achieve the purposes of sections 115A.9165 to 115A.9184.​ 6.18 Subd. 2. Plan approval; disapproval; revision. (a) When the commissioner receives​ 6.19 a draft stewardship plan from a battery stewardship organization, the commissioner must​ 6.20 review the plan for compliance with subdivision 1 and approve, disapprove, or conditionally​ 6.21 approve the plan within 120 days after receipt.​ 6.22 (b) If the commissioner disapproves a draft stewardship plan, the commissioner must​ 6.23 provide written notice to the battery stewardship organization within 30 days and must​ 6.24 explain the deficiencies of the draft stewardship plan. The battery stewardship organization​ 6.25 may submit a revised draft stewardship plan within 60 days after the date the written notice​ 6.26 was issued. The commissioner must approve, disapprove, or conditionally approve the​ 6.27 revised draft stewardship plan within 90 days after resubmission.​ 6.28 Subd. 3. Submission of new plans. (a) A battery stewardship organization must submit​ 6.29 a new draft stewardship plan:​ 6.30 (1) if there are significant changes to the methods of collection, transport, or end-of-life​ 6.31 management of covered batteries provided for under an existing stewardship plan. The​ 6.32 commissioner must identify the types and magnitude of changes that require a new plan to​ 6​Article 1 Sec. 4.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 7.1 be submitted under this clause. For purposes of this clause, adding or removing a processor​ 7.2 or transporter to the plan is not a significant change that requires submission of a new plan;​ 7.3 and​ 7.4 (2) no less than every five years.​ 7.5 (b) A stewardship plan remains in effect until a subsequent stewardship plan is approved​ 7.6 under this section.​ 7.7 Subd. 4. Plan amendments. A battery stewardship organization must submit an​ 7.8 amendment to a stewardship plan to the commissioner:​ 7.9 (1) when the battery stewardship organization proposes to substantially modify a​ 7.10 stewardship plan;​ 7.11 (2) when the commissioner notifies the battery stewardship organization that the approval​ 7.12 of a stewardship plan submitted by another stewardship organization requires changes to a​ 7.13 stewardship plan; and​ 7.14 (3) when the commissioner notifies the stewardship organization that other modifications​ 7.15 to the stewardship plan are necessary.​ 7.16 Subd. 5. Public comment. The commissioner must make draft stewardship plans and​ 7.17 applications for amendments available for public review and comment for at least 30 days.​ 7.18 Sec. 5. [115A.9170] PERFORMANCE GOALS.​ 7.19 Subdivision 1. Performance goals required. Each stewardship plan must include annual​ 7.20 performance goals that will be used to measure the performance of the program, including:​ 7.21 (1) goals for the quantity of covered batteries collected, based on the estimated total​ 7.22 weight of covered batteries that were sold in the state in the previous three calendar years​ 7.23 by the producers participating in the battery stewardship program;​ 7.24 (2) goals for public awareness; and​ 7.25 (3) a target recycling efficiency rate of at least 60 percent for rechargeable batteries and​ 7.26 at least 70 percent for primary batteries.​ 7.27 Subd. 2. Effect of goal achievement. A battery stewardship organization may not reduce​ 7.28 or cease collection, education and outreach, or other activities under a stewardship plan if​ 7.29 the organization achieves one or more performance goals.​ 7​Article 1 Sec. 5.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 8.1 Sec. 6. [115A.9171] STEWARDSHIP PROGRAM FUNDING.​ 8.2 Subdivision 1. Full funding. Each stewardship plan must ensure adequate funding is​ 8.3 available for full plan implementation and must:​ 8.4 (1) include a method to collect charges from producers participating in the stewardship​ 8.5 plan that are sufficient in the aggregate to cover the costs of plan implementation, including​ 8.6 covered battery collection, transportation, processing, education, administration, agency​ 8.7 reimbursement, recycling, and end-of-life management in an environmentally sound manner​ 8.8 in accordance with sections 115A.9165 to 115A.9184; and​ 8.9 (2) ensure that the costs of participating in the stewardship plan are shared, including​ 8.10 the costs for reimbursing local governments and solid waste or recyclables handling facilities​ 8.11 for demonstrable and reasonable costs incurred as a result of a local government facility or​ 8.12 solid waste or recyclables handling facility serving as a collection site for the program,​ 8.13 including but not limited to associated labor costs and other costs associated with accessibility​ 8.14 and collection site standards, such as storage.​ 8.15 Subd. 2. Point-of-sale or point-of-collection charges prohibited. Retailers, producers,​ 8.16 battery stewardship organizations, and collection sites must not charge a specific point-of-sale​ 8.17 fee to businesses and consumers to cover the administrative or operational costs of a battery​ 8.18 stewardship organization or the battery stewardship program.​ 8.19 Sec. 7. [115A.9172] COLLECTION AND MANAGEMENT REQUIREMENTS.​ 8.20 Subdivision 1. Statewide collection required. (a) A stewardship plan must provide​ 8.21 statewide collection opportunities for collecting all covered batteries, including all chemistries​ 8.22 and brands of covered batteries, on a free, continuous, convenient, visible, and accessible​ 8.23 basis to any person, business, government agency, or organization. For purposes of​ 8.24 determining the geographical adequacy of collection site coverage, the commissioner may​ 8.25 only consider permanent collection sites.​ 8.26 (b) If more than one stewardship plan is in effect at any given time, in lieu of requiring​ 8.27 each individual stewardship plan to provide statewide collection opportunities and collection​ 8.28 of all types of covered batteries, the commissioner may allow individual plans to provide​ 8.29 collection opportunities that are not statewide and for certain types of covered batteries but​ 8.30 not others, so long as the cumulative effect of all stewardship plans in effect at any given​ 8.31 time is to provide statewide collection opportunities for all covered batteries in accordance​ 8.32 with this section.​ 8​Article 1 Sec. 7.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 9.1 (c) If more than one stewardship plan is in effect at any given time, all battery stewardship​ 9.2 organizations must coordinate their activities with one another to ensure the efficient delivery​ 9.3 of services and to avoid unnecessary duplication of effort and expense.​ 9.4 Subd. 2. Portable battery collection site requirements. Within two years of approval​ 9.5 of an initial stewardship plan that provides for collecting portable batteries, the battery​ 9.6 stewardship organization must provide statewide collection opportunities to include:​ 9.7 (1) at least one permanent collection site, collection service, or collection event for every​ 9.8 30,000 residents of a county; and​ 9.9 (2) at least one permanent collection site, collection service, or collection event within​ 9.10 a 15-mile radius for at least 95 percent of all Minnesota residents.​ 9.11 Subd. 3. Medium-format battery collection site requirements. (a) Within two years​ 9.12 of approval of a battery stewardship organization plan that provides for collecting​ 9.13 medium-format batteries, the battery stewardship organization must provide statewide​ 9.14 collection opportunities that include the provision of:​ 9.15 (1) at least ten permanent collection sites in the state during the initial five-year plan​ 9.16 period;​ 9.17 (2) reasonable geographic dispersion of permanent collection sites throughout the state;​ 9.18 (3) after the initial five-year plan period, a permanent collection site in each county of​ 9.19 at least 200,000 persons, as determined by the most recent federal census; and​ 9.20 (4) service to areas without a permanent collection site. A battery stewardship​ 9.21 organization must ensure that there is a collection event at least once every three years in​ 9.22 each county of the state that does not have a permanent collection site. The collection events​ 9.23 must provide for collecting all medium-format batteries, including damaged and defective​ 9.24 batteries.​ 9.25 (b) Medium-format batteries may be collected only at household hazardous waste​ 9.26 collection sites or other staffed collection sites that meet applicable federal, state, and local​ 9.27 regulatory requirements to manage medium-format batteries.​ 9.28 Subd. 4. General collection site requirements. (a) For each collection site that​ 9.29 participates in a stewardship program, the battery stewardship organization must:​ 9.30 (1) provide suitable collection containers for covered batteries that will ensure that​ 9.31 covered batteries are segregated from other solid waste or make mutually agreeable​ 9.32 alternative arrangements for collecting batteries at the site;​ 9​Article 1 Sec. 7.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 10.1 (2) provide signage that informs customers regarding the end-of-life management options​ 10.2 for batteries provided by the collection site under sections 115A.9165 to 115A.9184; and​ 10.3 (3) provide safety training procedures related to covered battery and collection activities,​ 10.4 including appropriate protocols to reduce risks of spills or fires and response protocols in​ 10.5 the event of a spill or fire, and a protocol for safe management of damaged and defective​ 10.6 batteries that are brought to collection sites.​ 10.7 (b) Each collection site that participates in a stewardship program must:​ 10.8 (1) ensure that covered battery collection containers are kept within view of a responsible​ 10.9 person and are accompanied by the signage made available to the collection site by the​ 10.10 battery stewardship organization; and​ 10.11 (2) meet applicable federal, state, and local regulatory requirements while adhering to​ 10.12 the operations manual and other safety information provided to the collection site by the​ 10.13 battery stewardship organization.​ 10.14 Subd. 5. Collecting damaged and defective batteries. (a) At least once every three​ 10.15 years and more often where practicable, a battery stewardship organization must hold​ 10.16 collection events for damaged and defective batteries in each county that does not have a​ 10.17 permanent collection site for collecting damaged and defective batteries.​ 10.18 (b) Notwithstanding paragraph (a), damaged and defective batteries may be collected​ 10.19 only at collection sites staffed by persons trained to handle and ship damaged and defective​ 10.20 batteries.​ 10.21 (c) A battery stewardship organization may seek reimbursement from the producer of​ 10.22 any recalled battery for expenses incurred in collecting, transporting, or processing those​ 10.23 batteries.​ 10.24 Subd. 6. Use of existing services and facilities. In implementing this section, a battery​ 10.25 stewardship organization must:​ 10.26 (1) use existing public and private waste collection services and facilities, including​ 10.27 where cost-effective, mutually agreeable, and otherwise practicable, battery collection sites​ 10.28 that are established through other battery collection programs, services, transporters,​ 10.29 consolidators, processors, and retailers;​ 10.30 (2) use as a collection site for covered batteries any retailer, wholesaler, municipality,​ 10.31 solid waste management facility, household hazardous waste facility, or other entity that​ 10.32 meets the criteria for collection sites set forth in the stewardship plan up to the minimum​ 10.33 number of sites required for compliance with subdivisions 3 and 4, upon the submission of​ 10​Article 1 Sec. 7.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 11.1 a request by such entity to a battery stewardship organization to serve as a collection site.​ 11.2 Battery stewardship programs may use additional collection sites in excess of the minimum​ 11.3 required in subdivisions 3 and 4 as may be agreed between a battery stewardship organization​ 11.4 and the collection site; and​ 11.5 (3) use as a site for a collection event for covered batteries any retailer, wholesaler,​ 11.6 municipality, solid waste management facility, household hazardous waste facility, or other​ 11.7 entity that meets the criteria for collection events in the approved plan up to the minimum​ 11.8 number of sites required for compliance with subdivisions 3 and 4, upon the submission of​ 11.9 a request by such entity to a battery stewardship organization to serve as a site for a collection​ 11.10 event. Battery stewardship programs may use additional sites for collection events in excess​ 11.11 of the minimum required in subdivisions 3 and 4 as may be agreed between the battery​ 11.12 stewardship organizations and the collection sites.​ 11.13 Subd. 7. Suspending or terminating collection site or service. A battery stewardship​ 11.14 organization may issue a warning to, suspend, or terminate a collection site or service that​ 11.15 does not adhere to the collection site criteria in the approved plan or that poses an immediate​ 11.16 health and safety concern.​ 11.17 Subd. 8. Additional requirements. Battery stewardship programs:​ 11.18 (1) must provide for collecting loose covered batteries;​ 11.19 (2) are not required to provide for collecting battery-containing products;​ 11.20 (3) are not required to provide for collecting batteries that:​ 11.21 (i) are not easily removable from the product other than by the manufacturer; and​ 11.22 (ii) remain contained in a battery-containing product at the time of delivery to a collection​ 11.23 site;​ 11.24 (4) are not required to provide for collecting batteries still contained in a covered​ 11.25 electronic device as defined in section 115A.1341; and​ 11.26 (5) are not required to provide for collecting batteries or battery-containing products​ 11.27 being recalled for safety reasons. A battery stewardship organization may seek reimbursement​ 11.28 from the producer of a recalled battery or battery-containing product for the costs incurred​ 11.29 in collecting, transporting, and processing such batteries and products.​ 11.30 Sec. 8. [115A.9173] EDUCATION AND OUTREACH REQUIREMENTS.​ 11.31 Each stewardship plan must require the battery stewardship organization to:​ 11​Article 1 Sec. 8.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 12.1 (1) develop and maintain a website about the stewardship program;​ 12.2 (2) place advertisements for the stewardship program on social media or other relevant​ 12.3 media platforms;​ 12.4 (3) develop promotional materials about the program for use by retailers, government​ 12.5 agencies, waste and recycling collectors, and other persons;​ 12.6 (4) provide battery-user-focused educational promotional materials to each collection​ 12.7 site used by the program and to customers of retailers that sell covered batteries or​ 12.8 battery-containing products;​ 12.9 (5) provide safety information and training materials related to covered battery collection​ 12.10 activities to the operator of each collection site, including appropriate protocols to reduce​ 12.11 risks of spills or fires, response protocols in the event of a spill or fire, and response protocols​ 12.12 in the event of detection of a damaged or defective battery; and​ 12.13 (6) provide educational materials to each collection site for managing recalled batteries,​ 12.14 which are not intended to be part of collection as provided under section 115A.9172,​ 12.15 subdivision 8, to help facilitate transportation and processing of recalled batteries.​ 12.16 Sec. 9. [115A.9174] REPORTING REQUIREMENTS.​ 12.17 Subdivision 1. Annual report required. By June 1, 2028, and each June 1 thereafter,​ 12.18 a battery stewardship organization must submit a report to the commissioner that covers​ 12.19 the preceding calendar year of stewardship program implementation. The report must​ 12.20 include:​ 12.21 (1) a summary financial statement documenting the financing of the stewardship program​ 12.22 and an analysis of program costs and expenditures, including an analysis of the program's​ 12.23 expenses. The summary financial statement must be sufficiently detailed to provide​ 12.24 transparency that money collected from producers as a result of producers' activities in​ 12.25 Minnesota is spent on program implementation in Minnesota. A report submitted by a​ 12.26 battery stewardship organization that implements similar battery stewardship programs in​ 12.27 multiple states must separately provide financial information for Minnesota;​ 12.28 (2) the weight, by chemistry, of covered batteries collected under the stewardship​ 12.29 program. The weight of batteries must only be counted once and may not be counted by​ 12.30 more than one battery stewardship organization;​ 12.31 (3) a calculation of the recycling efficiency rates;​ 12​Article 1 Sec. 9.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 13.1 (4) for each facility used for the final disposition of batteries, a description of how the​ 13.2 facility recycled or otherwise disposed of batteries and battery components;​ 13.3 (5) the weight and chemistry of batteries sent to each facility used for the final disposition​ 13.4 of batteries. The information may be estimated for program operations in Minnesota based​ 13.5 on extrapolations of national or regional data for programs operating in multiple states;​ 13.6 (6) the collection rate achieved under the program, including a description of how the​ 13.7 collection rate was calculated. For purposes of this clause, "collection rate" means the​ 13.8 percentage, by weight, of covered batteries that a battery stewardship organization collects​ 13.9 that is calculated by dividing the total weight of primary and rechargeable batteries collected​ 13.10 during the previous calendar year by the average annual weight of primary and rechargeable​ 13.11 batteries that were estimated to have been sold in the state by all producers participating in​ 13.12 that approved battery stewardship plan during the previous three calendar years;​ 13.13 (7) the estimated aggregate sales, by weight and chemistry, of batteries and batteries​ 13.14 contained in or with battery-containing products sold in Minnesota by participating producers​ 13.15 for each of the previous three calendar years;​ 13.16 (8) a description of the manner in which the collected batteries were managed and​ 13.17 recycled, including a discussion of best available technologies and the recycling efficiency​ 13.18 rate;​ 13.19 (9) a description of education and outreach efforts supporting plan implementation,​ 13.20 including but not limited to a summary of education and outreach provided to battery users,​ 13.21 collection sites, manufacturers, distributors, and retailers by the program operator for​ 13.22 promoting the collection and recycling of covered batteries; a description of how the​ 13.23 education and outreach met the requirements of section 115A.9173; samples of education​ 13.24 and outreach materials; a summary of coordinated education and outreach efforts with any​ 13.25 other battery stewardship organizations implementing a plan approved by the commissioner;​ 13.26 and a summary of any changes made during the previous calendar year to education and​ 13.27 outreach activities;​ 13.28 (10) a list of all collection sites, an address for each listed site, and an up-to-date map​ 13.29 showing the location of all collection sites used to implement the program, with links to​ 13.30 appropriate websites when there are existing websites associated with a collection site;​ 13.31 (11) a description of methods used to collect, transport, and recycle covered batteries​ 13.32 by a battery stewardship organization;​ 13​Article 1 Sec. 9.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 14.1 (12) a summary of progress made toward the program performance goals established​ 14.2 under section 115A.9170 and an explanation of why performance goals were not met, if​ 14.3 applicable; and​ 14.4 (13) if a battery stewardship organization has disposed of covered batteries through​ 14.5 energy recovery, incineration, or landfilling during the period covered by the report, a​ 14.6 description of the steps that the battery stewardship organization will take to make recycling​ 14.7 covered batteries cost-effective, where possible, or to otherwise increase battery recycling​ 14.8 rates achieved by the battery stewardship organization.​ 14.9 Subd. 2. Information about processing facilities. For any facility used to process or​ 14.10 dispose of covered batteries that is included in a report required by subdivision 1, the report​ 14.11 must include:​ 14.12 (1) whether the facility is located domestically, in a country that is a member of the​ 14.13 Organisation for Economic Co-operation and Development, or in a country that meets the​ 14.14 operating standards of the Organisation for Economic Co-operation and Development; and​ 14.15 (2) what facilities processed the batteries and, for domestic facilities, a summary of any​ 14.16 violations of environmental laws and regulations during the previous three years at each​ 14.17 facility.​ 14.18 Subd. 3. Trade secrets. Trade secrets, as defined under section 13.37, submitted to the​ 14.19 commissioner under this section are private or nonpublic data under section 13.37.​ 14.20 Subd. 4. Independent assessment. After five years of implementing an approved battery​ 14.21 stewardship plan, a covered battery producer or battery stewardship organization must hire​ 14.22 an independent third party to conduct a onetime assessment of the battery stewardship plan​ 14.23 and plan operation. The independent assessor must examine the effectiveness of the battery​ 14.24 stewardship plan in collecting and recycling covered batteries. The independent assessor​ 14.25 must examine the cost effectiveness of the plan and compare it to that of collection plans​ 14.26 or programs for covered batteries in other jurisdictions. The independent assessor must​ 14.27 submit the assessment to the commissioner and to the chairs and ranking minority members​ 14.28 of the senate and house of representatives committees with primary jurisdiction over​ 14.29 environment policy and finance.​ 14.30 Sec. 10. [115A.9175] FEES AND ADDITIONAL AGENCY RESPONSIBILITIES.​ 14.31 Subdivision 1. Plan and amendment review; fees. A battery stewardship organization​ 14.32 submitting a draft battery stewardship plan, a revision to a draft battery stewardship plan,​ 14.33 or a stewardship plan amendment must pay, as applicable, a onetime:​ 14​Article 1 Sec. 10.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 15.1 (1) draft stewardship plan review fee of $.......;​ 15.2 (2) revision to a draft stewardship plan review fee of $.......; or​ 15.3 (3) amendment application review fee of $........​ 15.4 Subd. 2. Annual agency costs; fee. (a) In addition to the fees required under subdivision​ 15.5 1, a battery stewardship organization must annually pay the commissioner a fee under this​ 15.6 subdivision that, when aggregated with all other fees paid to the commissioner under this​ 15.7 section, are adequate to cover the agency's costs in administering sections 115A.9165 to​ 15.8 115A.9184.​ 15.9 (b) By June 1 each year, the commissioner must calculate the fee that will be charged​ 15.10 to each battery stewardship organization under this subdivision. The fee must be set so that​ 15.11 it fully recovers the agency's costs but does not exceed that amount.​ 15.12 Subd. 3. Appropriation of fee proceeds. The commissioner must deposit all fees​ 15.13 received under this section in the state treasury and credit the amount to a battery stewardship​ 15.14 account in the special revenue fund. The amount collected under this section is annually​ 15.15 appropriated to the commissioner to implement and enforce sections 115A.9165 to​ 15.16 115A.9184.​ 15.17 Subd. 4. Agency website. The commissioner must maintain a website that:​ 15.18 (1) lists producers and their brands that are participating in a stewardship plan;​ 15.19 (2) makes available to the public each draft stewardship plan, stewardship plan​ 15.20 amendment, and annual report received by the commissioner under sections 115A.9165 to​ 15.21 115A.9184; and​ 15.22 (3) lists all battery stewardship organizations and fee-based collection and mail-back​ 15.23 programs under section 115A.9182.​ 15.24 Subd. 5. Technical assistance. The commissioner must provide technical assistance to​ 15.25 producers and retailers in implementing sections 115A.9165 to 115A.9184.​ 15.26 Sec. 11. [115A.9176] PENALTIES AND CIVIL ACTION PROVISIONS.​ 15.27 (a) Any person who violates sections 115A.9165 to 115A.9184 is liable for a civil penalty​ 15.28 of $2,500 per violation, except that the penalty for failure to pay a fee under sections​ 15.29 115A.9165 to 115A.9184 is a civil penalty that is double the applicable fee. The civil penalty​ 15.30 authority provided under this section is in addition to the authority conferred by section​ 15.31 115.071.​ 15​Article 1 Sec. 11.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 16.1 (b) No penalty may be assessed on an individual or resident for the improper disposal​ 16.2 of covered batteries as described in section 115A.9179 in a noncommercial or residential​ 16.3 setting.​ 16.4 Sec. 12. [115A.9177] MARKING REQUIREMENTS FOR BATTERIES.​ 16.5 Subdivision 1. Marking. Except as provided in subdivision 2, beginning January 1,​ 16.6 2028, a producer or retailer may sell, distribute, or offer for sale in or into Minnesota a​ 16.7 covered battery or battery-containing product that contains a battery that is designed or​ 16.8 intended to be easily removable from the product only if the battery is marked with:​ 16.9 (1) an identification of the producer of the battery;​ 16.10 (2) an identification of the chemistry of the battery; and​ 16.11 (3) an indication that the battery should not be disposed of as household waste.​ 16.12 Subd. 2. Exception. Subdivision 1, clauses (1) and (2), do not apply to a battery that​ 16.13 can fit entirely, in any orientation, into the small parts cylinder described in Code of Federal​ 16.14 Regulations, title 16, section 1501.4. In that case, the marks required by subdivision 1,​ 16.15 clauses (1) and (2), must be placed on the packaging of the battery or battery-containing​ 16.16 product.​ 16.17 Subd. 3. Modification. The commissioner may amend, by rule, the requirements of​ 16.18 subdivision 1 to maintain consistency with the labeling requirements or voluntary standards​ 16.19 for batteries established in federal law.​ 16.20 Sec. 13. [115A.9178] RETAILERS.​ 16.21 Subdivision 1. Retailer requirements. (a) Beginning July 1, 2028, a retailer may not​ 16.22 sell, offer or make available for sale, or distribute a covered battery or battery-containing​ 16.23 product unless:​ 16.24 (1) the producer of the covered battery or battery-containing product certifies to the​ 16.25 retailer that the producer participates in a battery stewardship organization whose plan has​ 16.26 been approved by the commissioner; and​ 16.27 (2) the batteries are marked according to section 115A.9177 or the producer certifies to​ 16.28 the retailer that the batteries are so marked.​ 16.29 (b) A retailer is not in violation of paragraph (a), clause (1), if the agency website​ 16.30 maintained under section 115A.9175, subdivision 4, lists, as of the date a product is made​ 16.31 available for retail sale, a producer or brand of a covered battery or battery-containing​ 16​Article 1 Sec. 13.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 17.1 product sold by the retailer as being a participant in an approved plan or the implementer​ 17.2 of an approved plan.​ 17.3 Subd. 2. Retailers not required to be collection sites. Retailers of covered batteries or​ 17.4 battery-containing products are not required to make retail locations available to serve as​ 17.5 collection sites for a stewardship program operated by a battery stewardship organization.​ 17.6 Retailers that serve as a collection site must participate in an approved stewardship plan​ 17.7 and comply with sections 115A.9165 to 115A.9184.​ 17.8 Sec. 14. [115A.9179] BATTERY DISPOSAL AND COLLECTION.​ 17.9 (a) Effective January 1, 2028, all persons must handle unwanted covered batteries through​ 17.10 delivery to a collection site operated under sections 115A.9165 to 115A.9184 or, for covered​ 17.11 batteries generated by persons that are regulated generators of batteries covered under federal​ 17.12 or state hazardous or solid waste laws, management must be undertaken in a manner​ 17.13 consistent with those laws.​ 17.14 (b) Effective January 1, 2028, covered batteries may be collected, transported, and​ 17.15 processed only in a manner that meets the standards established for a battery stewardship​ 17.16 organization in a plan approved by the commissioner, unless the batteries are covered​ 17.17 batteries generated by persons that are regulated generators of batteries covered under federal​ 17.18 or state hazardous or solid waste laws, in which case management must be undertaken in a​ 17.19 manner consistent with those laws.​ 17.20 (c) Effective January 1, 2028, a person may not place covered batteries in waste containers​ 17.21 for disposal at incinerators, waste-to-energy facilities, or landfills.​ 17.22 (d) Effective January 1, 2028, a person may not place covered batteries in or on a​ 17.23 container for mixed recyclables unless there is a separate location or compartment made​ 17.24 available and designated for the covered battery that complies with local government​ 17.25 collection standards or guidelines.​ 17.26 (e) Effective January 1, 2028:​ 17.27 (1) an owner or operator of a solid waste facility may not be found in violation of this​ 17.28 section if the facility has posted in a conspicuous location a sign stating that covered batteries​ 17.29 must be managed through collection sites established by a battery stewardship organization​ 17.30 and are not accepted for disposal; and​ 17.31 (2) a solid waste collector may not be found in violation of this section for a covered​ 17.32 battery placed in a disposal container by the generator of the covered battery.​ 17​Article 1 Sec. 14.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 18.1 Sec. 15. [115A.9180] PRIVATE RIGHT OF ACTION.​ 18.2 (a) A battery stewardship organization implementing an approved plan may bring a civil​ 18.3 action or actions to recover costs, damages, and fees as specified in this section from a​ 18.4 producer who sells or otherwise makes available in the state covered batteries or​ 18.5 battery-containing products not included in an approved plan in violation of sections​ 18.6 115A.9165 to 115A.9184. An action under this section may be brought against one or more​ 18.7 defendants. An action may be brought only against a defendant producer when the​ 18.8 stewardship program incurs costs in Minnesota, including reasonable incremental​ 18.9 administrative and program promotional costs, in excess of $1,000 to collect, transport, and​ 18.10 recycle or otherwise dispose of the covered batteries or battery-containing products of a​ 18.11 nonparticipating producer.​ 18.12 (b) A battery stewardship organization may bring a civil action against a producer of a​ 18.13 recalled battery to recover costs associated with handling a recalled battery.​ 18.14 (c) A battery stewardship organization implementing a stewardship plan may bring a​ 18.15 civil action against another battery stewardship organization that underperforms on its​ 18.16 battery collection obligations under sections 115A.9165 to 115A.9184 by failing to collect​ 18.17 and provide for the end-of-life management of batteries in an amount roughly equivalent​ 18.18 to costs imposed on the plaintiff battery stewardship organization by virtue of the failures​ 18.19 of the defendants, plus legal fees and expenses.​ 18.20 Sec. 16. [115A.9181] ANTITRUST.​ 18.21 Producers and battery stewardship organizations acting on behalf of producers that​ 18.22 prepare, submit, and implement a battery stewardship program plan under sections 115A.9165​ 18.23 to 115A.9184 and who are thereby subject to regulation by the commissioner are granted​ 18.24 immunity from state laws relating to antitrust, restraint of trade, unfair trade practices, and​ 18.25 other regulation of trade and commerce for the limited purpose of planning, reporting, and​ 18.26 operating a battery stewardship program, including:​ 18.27 (1) creating, implementing, or managing a battery stewardship organization and any​ 18.28 battery stewardship plan regardless of whether the plan is submitted, denied, or approved;​ 18.29 (2) determining the cost and structure of a stewardship plan; and​ 18.30 (3) determining the types or quantities of batteries being recycled or otherwise managed​ 18.31 under sections 115A.9165 to 115A.9184.​ 18​Article 1 Sec. 16.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 19.1 Sec. 17. [115A.9182] COLLECTION OF BATTERIES INDEPENDENT OF​ 19.2 BATTERY STEWARDSHIP PROGRAM.​ 19.3 (a) Nothing in sections 115A.9165 to 115A.9184 prevents or prohibits a person from​ 19.4 offering or performing a fee-based collection or mail-back program for covered portable​ 19.5 batteries or medium-format batteries independently of a battery stewardship program if:​ 19.6 (1) the person collects all types of covered batteries;​ 19.7 (2) the person notifies the commissioner, on an annual basis, of their intent to offer a​ 19.8 collection or mail-back program;​ 19.9 (3) the person's services are performed and the person's facilities are operated in​ 19.10 compliance with all applicable federal, state, and local laws and requirements;​ 19.11 (4) the person makes all batteries collected by the person from Minnesota customers​ 19.12 available to a battery stewardship organization implementing a plan approved under sections​ 19.13 115A.9165 to 115A.9184; and​ 19.14 (5) after consolidating portable or medium-format batteries at the person's facilities, the​ 19.15 costs for transporting the batteries to a battery stewardship organization's designated sorters​ 19.16 or processors are at the expense of the battery stewardship organization.​ 19.17 (b) A battery stewardship organization may refuse to accept batteries from a person​ 19.18 under paragraph (a) if the organization notifies the commissioner of the reason for the​ 19.19 refusal.​ 19.20 Sec. 18. [115A.9183] PROHIBITION ON DISPOSAL.​ 19.21 No person may dispose of or burn a covered battery in a solid waste disposal facility.​ 19.22 A covered battery may be disposed of only by delivery to a collection site or collection​ 19.23 event operated under a battery stewardship plan under sections 115A.9165 to 115A.9184,​ 19.24 unless the battery is regulated as hazardous waste.​ 19.25 EFFECTIVE DATE. This section is effective January 1, 2028.​ 19.26 Sec. 19. [115A.9184] SEVERABILITY.​ 19.27 If any provision of sections 115A.9165 to 115A.9184 or its application to any person​ 19.28 or circumstance is held invalid, the remainder of the act or the application of the provision​ 19.29 to other persons or circumstances is not affected.​ 19​Article 1 Sec. 19.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 20.1 Sec. 20. REPEALER.​ 20.2 Minnesota Statutes 2024, sections 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, and 9; and​ 20.3 325E.125, subdivisions 3, 4, and 5, are repealed.​ 20.4 ARTICLE 2​ 20.5 E-WASTE​ 20.6 Section 1. [115A.1341] DEFINITIONS.​ 20.7 (a) The terms used in sections 115A.1341 to 115A.1354 have the meanings given in this​ 20.8 section.​ 20.9 (b) "Brand" means a name, a symbol, words, or marks that identify a covered electronic​ 20.10 device, rather than any of its components, and attribute the device to the owner of the brand​ 20.11 as the manufacturer.​ 20.12 (c) "Collection" means the aggregation of covered electronic devices at the end of life​ 20.13 from covered entities and includes all the activities up to the time the covered electronic​ 20.14 devices are delivered to a recycler.​ 20.15 (d) "Collector" means an entity that collects covered electronic devices on behalf of a​ 20.16 manufacturer e-waste program.​ 20.17 (e) "Computer" means an electronic, magnetic, optical, electrochemical, or other​ 20.18 high-speed data processing device performing logical, arithmetic, or storage functions, but​ 20.19 does not include an automated typewriter or typesetter, a portable handheld calculator or​ 20.20 device, or other similar device.​ 20.21 (f) "Computer monitor" means an electronic device of any type that is primarily intended​ 20.22 to display information from a central processing unit or the Internet.​ 20.23 (g) "Covered electronic device":​ 20.24 (1) means:​ 20.25 (i) computers, including tablet computers and laptop computers;​ 20.26 (ii) peripherals;​ 20.27 (iii) computer monitors;​ 20.28 (iv) printers;​ 20.29 (v) facsimile machines;​ 20.30 (vi) video players, including DVD players and video cassette recorders;​ 20​Article 2 Section 1.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 21.1 (vii) cameras and camcorders;​ 21.2 (viii) mobile phones;​ 21.3 (ix) streaming devices;​ 21.4 (x) Wi-Fi and networking devices;​ 21.5 (xi) smart home devices;​ 21.6 (xii) audio products, including speakers, stereo equipment, and sound bars;​ 21.7 (xiii) video game consoles;​ 21.8 (xiv) wearable technology, including smartwatches, fitness trackers, glasses, headsets,​ 21.9 and headphones; and​ 21.10 (xv) televisions that are marketed and sold to a household by means of retail, wholesale,​ 21.11 or electronic commerce; and​ 21.12 (2) does not include:​ 21.13 (i) an electronic device that is a part of a motor vehicle or any component part of a motor​ 21.14 vehicle assembled by or for a vehicle manufacturer or franchised dealer, including​ 21.15 replacement parts for use in a motor vehicle;​ 21.16 (ii) an electronic device that is functionally or physically part of a larger piece of​ 21.17 equipment or that is taken out of service from an industrial; commercial, including retail;​ 21.18 library checkout; traffic control; kiosk; security, other than household security; governmental;​ 21.19 agricultural; or medical setting, including but not limited to diagnostic, monitoring, or​ 21.20 control equipment; or​ 21.21 (iii) an electronic device that is contained within a clothes washer, clothes dryer,​ 21.22 refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air​ 21.23 conditioner, dehumidifier, water pump, sump pump, or air purifier.​ 21.24 (h) "Covered entity" means a household or any person giving seven or fewer covered​ 21.25 electronic devices to a collector at any one time.​ 21.26 (i) "De minimis manufacturer" means a person that provides evidence to the commissioner​ 21.27 that the manufacturer sold fewer than 100 covered electronic devices in the state during the​ 21.28 previous program year.​ 21.29 (j) "Manufacturer" means a person, other than a de minimis manufacturer and irrespective​ 21.30 of selling technique used, including by means of remote sale:​ 21​Article 2 Section 1.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 22.1 (1) that manufactures covered electronic devices under a brand that the person owns or​ 22.2 is licensed to use;​ 22.3 (2) that sells covered electronic devices manufactured by others under a brand that the​ 22.4 seller owns;​ 22.5 (3) that manufactures covered electronic devices without affixing a brand;​ 22.6 (4) that manufactures covered electronic devices to which the person affixes a brand​ 22.7 that the person does not own; or​ 22.8 (5) on whose account covered electronic devices manufactured outside the United States​ 22.9 are imported into the United States. This clause does not apply if, at the time the covered​ 22.10 electronic devices are imported into the United States, another person is registered as the​ 22.11 manufacturer of the brand of the covered electronic devices.​ 22.12 (k) "Manufacturer clearinghouse" means a person that prepares and submits a​ 22.13 manufacturer e-waste program plan to the commissioner under section 115A.1344 and​ 22.14 oversees the manufacturer e-waste program on behalf of a group of two or more​ 22.15 manufacturers.​ 22.16 (l) "Manufacturer e-waste program" means a statewide program for collecting,​ 22.17 transporting, and recycling covered electronic devices implemented and financed by a​ 22.18 manufacturer e-waste program operator in accordance with section 115A.1344.​ 22.19 (m) "Manufacturer e-waste program operator" means an individual manufacturer, group​ 22.20 of manufacturers, or manufacturer clearinghouse responsible for implementing and financing​ 22.21 an approved manufacturer e-waste program.​ 22.22 (n) "Printer" means a device that is used to make reproductions or is multifunctional and​ 22.23 performs one or more operations such as scanning or faxing in addition to making​ 22.24 reproductions; that is designed to be placed on a desk or other work surface and may include​ 22.25 an optional floor stand; and that uses print technology, such as a laser, electrographic, ink​ 22.26 jet, dot matrix, or thermal or digital sublimination. Printer does not include a device used​ 22.27 to make a reproduction that:​ 22.28 (1) is floor-standing;​ 22.29 (2) is a point-of-sale receipt printer;​ 22.30 (3) is also a calculator;​ 22.31 (4) can also make labels; or​ 22.32 (5) is embedded in something other than a covered electronic device.​ 22​Article 2 Section 1.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 23.1 (o) "Peripheral" means a keyboard, mouse, or other device sold exclusively for external​ 23.2 use with a covered electronic device as a wireless or corded device that provides input into​ 23.3 or output from a covered electronic device and cords used with such a device.​ 23.4 (p) "Program year" means the period from July 1 through June 30.​ 23.5 (q) "Recycler" means a public or private person that accepts covered electronic devices​ 23.6 from households and collectors for recycling. Recycler does not include a manufacturer​ 23.7 who takes products for refurbishment or repair.​ 23.8 (r) "Recycling" means the process of collecting and preparing covered electronic devices​ 23.9 for use in manufacturing processes or for recovery of usable materials followed by delivery​ 23.10 of such materials for use. Recycling does not include reuse, repair, or any other process​ 23.11 through which covered electronic devices are returned to use for households in their original​ 23.12 form.​ 23.13 (s) "Retailer" means a person who first sells, through sales outlets, catalogs, or the​ 23.14 Internet, a covered electronic device to a household and not for resale in any form.​ 23.15 (t) "Sell" or "sale" means any transfer for consideration of title, including but not limited​ 23.16 to transactions conducted through sales outlets, catalogs, or the Internet, or any other similar​ 23.17 electronic means either inside or outside the state, by a person who conducts the transaction​ 23.18 and controls the delivery of a covered electronic device to a consumer in the state. Sell or​ 23.19 sale does not include a manufacturer's or distributor's wholesale transaction with a distributor​ 23.20 or a retailer. Sell or sale does not include products that are leased.​ 23.21 Sec. 2. [115A.1342] MANUFACTURER AND RETAILER REQUIREMENTS FOR​ 23.22 SALE.​ 23.23 Subdivision 1. Manufacturer requirements. On or after July 1, 2027, a manufacturer​ 23.24 must not sell or offer for sale or deliver to retailers for subsequent sale a new covered​ 23.25 electronic device unless:​ 23.26 (1) the covered electronic device is labeled with the manufacturer's brand in a permanently​ 23.27 affixed and readily visible manner; and​ 23.28 (2) the manufacturer registers with, pays a registration fee, and participates in a​ 23.29 manufacturer e-waste program that complies with sections 115A.1341 to 115A.1354.​ 23.30 Subd. 2. Manufacturer responsibility. The failure of a manufacturer e-waste program​ 23.31 operated collectively as part of a group of manufacturers or manufacturer clearinghouse to​ 23.32 satisfy any of the responsibilities delegated to the program by a manufacturer for developing​ 23​Article 2 Sec. 2.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 24.1 and implementing a manufacturer e-waste program does not relieve the manufacturer of its​ 24.2 responsibility to satisfy the requirements of sections 115A.1341 to 115A.1354.​ 24.3 Subd. 3. Retailer requirements. (a) A retailer must not sell or offer for sale a covered​ 24.4 electronic device unless the covered electronic device is labeled according to this section​ 24.5 and is listed as registered on the agency website under section 115A.1348.​ 24.6 (b) A retailer is not responsible for an unlawful sale under this section if the​ 24.7 manufacturer's registration expired or was revoked and the retailer took possession of the​ 24.8 covered electronic device before the expiration or revocation of the manufacturer's​ 24.9 registration and the unlawful sale occurred within six months after the expiration or​ 24.10 revocation.​ 24.11 Sec. 3. [115A.1343] MANUFACTURER REGISTRATION AND FEE.​ 24.12 Subdivision 1. Registration required. (a) By February 1, 2027, and each February 1​ 24.13 thereafter, a manufacturer of covered electronic devices sold or offered for sale in this state​ 24.14 must register with the agency for the upcoming program year on a form provided by the​ 24.15 agency. The registration must include:​ 24.16 (1) a list of the manufacturer's brands of covered electronic devices offered for sale in​ 24.17 the state;​ 24.18 (2) the name, address, and contact information of the person responsible for ensuring​ 24.19 compliance with sections 115A.1341 to 115A.1354;​ 24.20 (3) the total weight of covered electronic devices sold in the state during the most recent​ 24.21 program year or an estimate of the total weight of covered electronic devices sold in the​ 24.22 state during the most recent program year, calculated by multiplying the weight of the​ 24.23 manufacturer's covered electronic devices sold nationally times the quotient of Minnesota's​ 24.24 population divided by the national population; and​ 24.25 (4) an indication of whether the manufacturer will meet the requirements of sections​ 24.26 115A.1341 to 115A.1354 individually, as part of a group of manufacturers, or collectively​ 24.27 as part of a manufacturer clearinghouse.​ 24.28 (b) If, during the program year, a covered electronic device is first sold or offered for​ 24.29 sale in this state by a manufacturer or the brand is not listed in the manufacturer's registration,​ 24.30 the manufacturer must register with the agency for the current program year in accordance​ 24.31 with paragraph (a) within 30 days after the date the covered electronic devices were first​ 24.32 sold and offered for sale in the state.​ 24​Article 2 Sec. 3.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 25.1 Subd. 2. Registration fee. (a) By July 1, 2027, and each July 1 thereafter, each​ 25.2 manufacturer that registers under subdivision 1 must pay a registration fee in a manner​ 25.3 prescribed by the commissioner. The commissioner must deposit all fees received under​ 25.4 this section in the state treasury and credit the amount to a covered electronic devices​ 25.5 stewardship account in the special revenue fund. The amount collected under this paragraph​ 25.6 is annually appropriated to the commissioner to implement and enforce sections 115A.1341​ 25.7 to 115A.1354.​ 25.8 (b) A manufacturer's registration fee must be based on the manufacturer's market share​ 25.9 applied to the total costs for the agency to administer the program for the prior program​ 25.10 year accounting for any justified increases.​ 25.11 (c) The commissioner must notify manufacturers of their respective registration fee​ 25.12 amount by April 1, 2027, and each April 1 thereafter.​ 25.13 Sec. 4. [115A.1344] MANUFACTURER E-WASTE PROGRAM; PLAN; ANNUAL​ 25.14 REPORT.​ 25.15 Subdivision 1. Plan required. By February 1, 2027, and each February 1 thereafter,​ 25.16 each manufacturer, acting as or through a manufacturer e-waste program operator, must​ 25.17 submit a plan for implementing a manufacturer e-waste program for the next program year​ 25.18 to the commissioner in the form and manner prescribed by the commissioner.​ 25.19 Subd. 2. Plan contents. (a) A plan submitted under this section must describe how the​ 25.20 manufacturer e-waste program operator will:​ 25.21 (1) provide for collecting, transporting, and recycling covered electronic devices from​ 25.22 covered entities free of charge, except that the plan may provide for charging a fee for​ 25.23 additional services such as at-home removal of covered electronic products;​ 25.24 (2) determine each participating manufacturer's market share for purposes of allocating​ 25.25 the costs of financing, managing, and operating the program to each manufacturer;​ 25.26 (3) develop environmentally sound best management practices that collectors in the​ 25.27 program will be required to adhere to when collecting, separating, storing, managing, and​ 25.28 transporting covered electronic devices;​ 25.29 (4) establish standards for recycling facilities, including, at a minimum, a requirement​ 25.30 that recyclers maintain a valid responsible recycling (R2) or e-stewards certification at each​ 25.31 recycling facility processing covered electronics devices under the program;​ 25​Article 2 Sec. 4.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 26.1 (5) regularly advertise and promote covered electronic device collection opportunities​ 26.2 statewide;​ 26.3 (6) make information about the program available to the public through a toll-free​ 26.4 telephone number and website;​ 26.5 (7) develop educational resources, after consultation with participating local government​ 26.6 collectors, to increase public awareness of opportunities for covered electronic device​ 26.7 collection;​ 26.8 (8) provide for fair financial compensation to participating local government collectors​ 26.9 that:​ 26.10 (i) is adequate to cover all of their costs, including for collecting, storing, managing,​ 26.11 and transporting covered electronic devices and for approved reasonable public education​ 26.12 activities to promote the collection and recycling of covered electronic devices; and​ 26.13 (ii) provides agreed-upon per-service compensation for all local government collectors​ 26.14 operating under the manufacturer e-waste program plan for the duration of the program​ 26.15 year;​ 26.16 (9) maintain information about each recycler that will be used by the manufacturer​ 26.17 e-waste program and associated R2 or e-stewards certifications;​ 26.18 (10) maintain information about all manufacturers and associated brands participating​ 26.19 in the manufacturer e-waste program;​ 26.20 (11) maintain contact information for manufacturers and the manufacturer clearinghouse,​ 26.21 if applicable; and​ 26.22 (12) provide convenient service throughout the state that ensures that:​ 26.23 (i) at a minimum, 90 percent of the residents of the state are within 15 miles of a collection​ 26.24 site;​ 26.25 (ii) there is at least one collection site in each county;​ 26.26 (iii) in each city with a population of at least 10,000 but less than 200,000, there is at​ 26.27 least one collection site, plus one additional collection site for every additional 20,000​ 26.28 residents of the city over 10,000; and​ 26.29 (iv) in each city with a population of 200,000 or greater, there are at least ten collection​ 26.30 sites, plus one additional collection site for every additional 50,000 residents of the city​ 26.31 over 200,000.​ 26​Article 2 Sec. 4.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 27.1 (b) In addition to the information required by paragraph (a), a stewardship plan submitted​ 27.2 under this section must include:​ 27.3 (1) the contact information for the manufacturer e-waste program operator;​ 27.4 (2) a list of all the manufacturers participating in the manufacturer e-waste program;​ 27.5 (3) a list of all brands of covered electronic devices manufactured, sold, or imported by​ 27.6 each participating manufacturer, including:​ 27.7 (i) brands being offered for sale in the state by each manufacturer; and​ 27.8 (ii) brands being offered for sale in the state by each manufacturer during the immediately​ 27.9 preceding program year;​ 27.10 (4) a list of each collection site participating in the manufacturer e-waste program,​ 27.11 including the location and hours of operation; and​ 27.12 (5) a list of all recyclers that will be used by the manufacturer e-waste program.​ 27.13 (c) For purposes of determining whether the number, location, and adequacy of collection​ 27.14 sites meets the requirements of this subdivision:​ 27.15 (1) a collection site must be staffed and open to the public at a frequency adequate to​ 27.16 meet the needs of the area being served;​ 27.17 (2) a collection site for a county may be the same as a collection site for a city in the​ 27.18 county;​ 27.19 (3) in lieu of a fixed, permanent site, a collection site may be a series of three collection​ 27.20 events held across the program year;​ 27.21 (4) the commissioner may waive the requirements of paragraph (a), clause (12), with​ 27.22 respect to a county or city if the proposed manufacturer e-waste program plan demonstrates​ 27.23 to the commissioner's satisfaction that alternative services or collection sites would provide​ 27.24 substantially equivalent collection convenience;​ 27.25 (5) a collection site must accept all covered electronic devices from covered entities on​ 27.26 a regular basis throughout the program year; and​ 27.27 (6) before removing a collection site from a manufacturer e-waste program, the​ 27.28 manufacturer e-waste program operator must provide notice to covered entities of the​ 27.29 removal by posting information about the removal on the program website 90 days before​ 27.30 removing the collection site from the program.​ 27​Article 2 Sec. 4.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 28.1 Subd. 3. Annual report. By October 1 each year, a manufacturer e-waste program​ 28.2 operator must submit an annual report to the commissioner on the operation of the program​ 28.3 during the previous program year in the form and manner prescribed by the commissioner.​ 28.4 The report submitted under this subdivision must include at least:​ 28.5 (1) a list of all collection sites and recycling facilities used by the manufacturer e-waste​ 28.6 program;​ 28.7 (2) the total weight of covered electronic devices collected from covered entities in the​ 28.8 state by the manufacturer e-waste program during the previous program year;​ 28.9 (3) the total weight of covered electronic devices collected at each collection site or, if​ 28.10 approved by the commissioner, each grouping of collection sites;​ 28.11 (4) details of any approved alternative methods of service in meeting the needs of the​ 28.12 applicable jurisdiction adequately, including the date of each alternative service event and​ 28.13 the total weight of covered electronic devices collected at each alternative service event;​ 28.14 (5) the total weight of covered electronic devices recycled at each recycling facility;​ 28.15 (6) a summary of public awareness activities and copies of public awareness materials​ 28.16 developed by the manufacturer e-waste program operator; and​ 28.17 (7) an attestation that all covered electronic devices collected under the manufacturer​ 28.18 e-waste program were collected and disposed of in compliance with all applicable laws,​ 28.19 rules, and regulations and in accordance with the environmentally sound best management​ 28.20 practices in subdivision 2, paragraph (a), clause (3).​ 28.21 Subd. 4. Record retention. A manufacturer e-waste program operator must retain all​ 28.22 records related to implementing and administering the manufacturer e-waste program for​ 28.23 not less than three years from the time the record was created and make the records available​ 28.24 for inspection and audit by the commissioner upon request.​ 28.25 Sec. 5. [115A.1345] APPROVAL OF MANUFACTURER E-WASTE PROGRAM.​ 28.26 Subdivision 1. Action on plan required. No later than 45 days after receiving a plan​ 28.27 under section 115A.1344, subdivision 1, the commissioner must approve, approve with​ 28.28 conditions, or reject the plan. The commissioner must approve the plan if the commissioner​ 28.29 determines that the plan satisfies the requirements of section 115A.1344. If the commissioner​ 28.30 rejects the plan, the commissioner must provide in writing the reason or reasons for the​ 28.31 rejection.​ 28​Article 2 Sec. 5.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 29.1 Subd. 2. Revised plan. A manufacturer, acting as or through a manufacturer e-waste​ 29.2 program operator, must submit a revised plan to the agency no later than 30 days after the​ 29.3 date of the previous plan's rejection. No later than 30 days after receiving a revised plan​ 29.4 under this subdivision, the commissioner must approve, approve with conditions, or reject​ 29.5 the revised plan. If the commissioner rejects a revised plan, the commissioner may require​ 29.6 further revision of the plan within a timeline determined by the commissioner or may direct​ 29.7 changes to the revised plan.​ 29.8 Sec. 6. [115A.1346] ENFORCEMENT.​ 29.9 A manufacturer e-waste program operator must not directly enforce manufacturer​ 29.10 compliance with sections 115A.1341 to 115A.1354, including compliance with the allocation​ 29.11 methodology under a manufacturer e-waste program plan. A manufacturer e-waste program​ 29.12 operator must, upon prior notice to the manufacturer, refer any potential noncompliance to​ 29.13 the commissioner. A manufacturer e-waste program operator may develop and implement​ 29.14 policies and procedures that exclude from participation in the manufacturer e-waste program​ 29.15 any manufacturers found by the commissioner or a court of competent jurisdiction to have​ 29.16 failed to comply with sections 115A.1341 to 115A.1354.​ 29.17 Sec. 7. [115A.1347] COLLECTION OF COVERED ELECTRONIC DEVICES​ 29.18 OUTSIDE A MANUFACTURER E-WASTE PROGRAM.​ 29.19 Nothing in sections 115A.1341 to 115A.1354 prohibits a person from establishing a​ 29.20 program to collect and recycle covered electronic devices independently of a manufacturer​ 29.21 e-waste program. Covered electronic devices collected and recycled outside a manufacturer​ 29.22 e-waste program are not the responsibility of a manufacturer e-waste program operator.​ 29.23 Sec. 8. [115A.1348] ADDITIONAL AGENCY DUTIES.​ 29.24 Subdivision 1. Posting information. The commissioner must maintain on the agency​ 29.25 website:​ 29.26 (1) a list of registered manufacturers and their brands;​ 29.27 (2) a list of brands for which no manufacturer has registered;​ 29.28 (3) a list that identifies which manufacturers are in compliance with section 115A.1343;​ 29.29 (4) manufacturer e-waste program plans submitted to the commissioner under sections​ 29.30 115A.1344 and 115A.1345; and​ 29.31 (5) reports submitted to the commissioner under section 115A.1344.​ 29​Article 2 Sec. 8.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 30.1 Subd. 2. Manufacturer market share calculation. (a) By April 1, 2027, and every​ 30.2 April 1 thereafter, the commissioner must determine each manufacturer's market share of​ 30.3 covered electronic devices by dividing the total weight in pounds of covered electronic​ 30.4 devices sold in this state under brands manufactured, sold, or imported by the manufacturer​ 30.5 during the previous program year by the total weight in pounds of covered electronic devices​ 30.6 sold in this state under all brands manufactured, sold, or imported by all registered​ 30.7 manufacturers during the previous program year.​ 30.8 (b) The commissioner may use national market data prorated for Minnesota, retail or​ 30.9 manufacturer data, consumer research, or any other data from the previous program year,​ 30.10 as determined by the commissioner, to make the determinations under paragraph (a). The​ 30.11 commissioner may require a manufacturer to submit sales or other data regarding the number​ 30.12 and weight of covered electronic devices sold in this state by the manufacturer. A​ 30.13 manufacturer must submit any data required by the commissioner under this paragraph in​ 30.14 the format requested by the commissioner.​ 30.15 (c) The commissioner must provide a determination of market share made under this​ 30.16 subdivision to the applicable manufacturer or, if a manufacturer e-waste program plan was​ 30.17 submitted by a manufacturer clearinghouse, to the manufacturer clearinghouse.​ 30.18 Sec. 9. [115A.1349] ELECTRONICS RECYCLING ADVISORY TASK FORCE.​ 30.19 Subdivision 1. Establishment. An Electronics Recycling Advisory Task Force is​ 30.20 established in the Pollution Control Agency.​ 30.21 Subd. 2. Purpose. The purpose of the task force is to evaluate additional products for​ 30.22 compatibility with and incorporation into the manufacturer e-waste program and to make​ 30.23 recommendations to the legislature as follows:​ 30.24 (1) the list of products for consideration must come from task force members and must​ 30.25 be consumer electronic devices in their purpose and function;​ 30.26 (2) the task force must recommend whether a product should be included in the​ 30.27 manufacturer e-waste program based on the following criteria:​ 30.28 (i) products must be evaluated for compatibility with the covered electronic devices​ 30.29 collection and recycling system, and the task force must factor in the current way in which​ 30.30 covered electronic devices are collected, stored, transported, and recycled in the manufacturer​ 30.31 e-waste programs in the state; and​ 30​Article 2 Sec. 9.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 31.1 (ii) products must be evaluated against the following criteria for inclusion in the​ 31.2 manufacturer e-waste program: fire risk, difficulty of recycling, and toxicity to the​ 31.3 environment;​ 31.4 (3) the task force must engage with manufacturers and statewide or national trade​ 31.5 associations representing manufacturers of the products under consideration along with​ 31.6 recycling experts and local government collection programs; and​ 31.7 (4) the task force must recommend that the legislature do one of the following:​ 31.8 (i) amend the definition of covered electronic device in section 115A.1341 to include​ 31.9 the product so that it can be managed under sections 115A.1341 to 115A.1354;​ 31.10 (ii) not amend the definition of covered electronic device in section 115A.1341 to include​ 31.11 the product; or​ 31.12 (iii) establish a new collection and recycling program for managing the product.​ 31.13 Subd. 3. Membership. The task force consists of the following ten members, to be​ 31.14 appointed by the commissioner:​ 31.15 (1) two individuals who are representatives of local government recycling programs​ 31.16 participating in a manufacturer e-waste program;​ 31.17 (2) two individuals who are representatives of electronics recycling companies or who​ 31.18 are responsible for selecting electronics recycling companies under a manufacturer e-waste​ 31.19 program;​ 31.20 (3) two individuals who are representatives of manufacturers that are participating in a​ 31.21 manufacturer e-waste program;​ 31.22 (4) one individual who is a representative of a statewide trade association representing​ 31.23 retailers;​ 31.24 (5) one individual who is a representative of a statewide trade association representing​ 31.25 manufacturers;​ 31.26 (6) one individual who is a representative of a statewide trade association representing​ 31.27 waste disposal companies; and​ 31.28 (7) one individual who is a representative of a national trade association representing​ 31.29 manufacturers.​ 31.30 Subd. 4. Appointment. Members of the task force must be appointed as soon as​ 31.31 practicable after the effective date of this section, must serve for two-year terms beginning​ 31​Article 2 Sec. 9.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 32.1 January 1, 2028, and may be reappointed to subsequent terms. Vacancies must be filled by​ 32.2 the commissioner for the remainder of the current term. Members serve voluntarily and​ 32.3 without compensation.​ 32.4 Subd. 5. Chairperson; quorum. Members must elect from their number a chairperson​ 32.5 who serves in that capacity for the duration of the person's current appointed term. The​ 32.6 chairperson leads all meetings and works with the agency to prepare meeting materials,​ 32.7 align expert stakeholders, and prepare reports to the legislature as required under subdivision​ 32.8 8. A simple majority of the members of the task force constitutes a quorum for the transaction​ 32.9 of business, and all actions and recommendations of the task force must be approved by a​ 32.10 simple majority of its members.​ 32.11 Subd. 6. Administrative support. The commissioner must provide the task force with​ 32.12 administrative support as necessary.​ 32.13 Subd. 7. Meetings. The task force must meet as often as necessary and at least twice​ 32.14 per year beginning April 1, 2028. The first meeting of the task force is at the call of the​ 32.15 commissioner and subsequent meetings are at the call of the chairperson. Task force meetings​ 32.16 must have a virtual participation option available.​ 32.17 Subd. 8. Reporting. By January 1, 2029, and every two years thereafter, the task force​ 32.18 must submit a summary of its meetings and any recommendations to the chairs and ranking​ 32.19 minority members of the senate and house of representatives committees with primary​ 32.20 jurisdiction over environment.​ 32.21 Sec. 10. [115A.1350] ANTICOMPETITIVE CONDUCT.​ 32.22 (a) A manufacturer that participates in a manufacturer e-waste program individually, as​ 32.23 a group of manufacturers, or collectively as part of a manufacturer clearinghouse to organize​ 32.24 collection or recycling under a plan approved under section 115A.1345 may engage in​ 32.25 anticompetitive conduct to the extent necessary to plan and implement its chosen organized​ 32.26 collection or recycling system and is immune from liability under state laws relating to​ 32.27 antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.​ 32.28 (b) A manufacturer e-waste program operator and its officers, members, employees, and​ 32.29 agents who cooperate with a political subdivision that organizes collection or recycling​ 32.30 under sections 115A.9165 to 115A.9184 may engage in anticompetitive conduct to the​ 32.31 extent necessary to plan and implement the organized collection or recycling system, provided​ 32.32 that the political subdivision actively supervises the participation of each entity. An​ 32.33 organization, entity, or person covered by this paragraph is immune from liability under​ 32​Article 2 Sec. 10.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 33.1 state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation​ 33.2 of trade or commerce.​ 33.3 Sec. 11. [115A.1351] REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.​ 33.4 (a) The Department of Administration must ensure that acquisitions of covered electronic​ 33.5 devices under chapter 16C are in compliance with or not subject to sections 115A.1341 to​ 33.6 115A.1354.​ 33.7 (b) The solicitation documents must specify that the prospective responder is required​ 33.8 to cooperate fully in providing reasonable access to its records and documents that show​ 33.9 compliance with sections 115A.1341 to 115A.1354.​ 33.10 (c) Any person awarded a contract under chapter 16C for purchase or lease of covered​ 33.11 electronic devices that is found to be in violation of sections 115A.1341 to 115A.1354 is​ 33.12 subject to the following sanctions:​ 33.13 (1) the contract must be voided if the commissioner of administration determines that​ 33.14 the potential adverse impact to the state is exceeded by the benefit obtained from voiding​ 33.15 the contract;​ 33.16 (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part​ 33.17 1230.1150; and​ 33.18 (3) if the attorney general establishes that any money, property, or benefit was obtained​ 33.19 by a contractor as a result of violating sections 115A.1341 to 115A.1354, the court may, in​ 33.20 addition to any other remedy, order the disgorgement of the unlawfully obtained money,​ 33.21 property, or benefit.​ 33.22 Sec. 12. [115A.1352] MULTISTATE IMPLEMENTATIONS.​ 33.23 The commissioner may participate in the establishment of a regional multistate​ 33.24 organization or compact to assist in implementing sections 115A.1341 to 115A.1354.​ 33.25 Sec. 13. [115A.1353] REGULATING COVERED ELECTRONIC DEVICES.​ 33.26 (a) If the Environmental Protection Agency adopts regulations under the Resource​ 33.27 Conservation and Recovery Act regarding the handling, storage, or treatment of any type​ 33.28 of covered electronic device being recycled, those regulations are effective in this state on​ 33.29 the same date and supersede any rules previously adopted by the commissioner regarding​ 33.30 the handling, storage, or treatment of all covered electronic devices being recycled.​ 33​Article 2 Sec. 13.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ 34.1 (b) Sections 115A.1341 to 115A.1354 expire if a federal law, or combination of federal​ 34.2 laws, establishes a program for the collection and recycling or reuse of covered electronic​ 34.3 devices that is applicable to all covered electronic devices sold or discarded by covered​ 34.4 entities.​ 34.5 Sec. 14. [115A.1354] DATA CLASSIFICATION.​ 34.6 Trade secret and sales information, as defined under section 13.37, submitted to the​ 34.7 commissioner under sections 115A.9165 to 115A.9184 are private or nonpublic data under​ 34.8 section 13.37.​ 34.9 Sec. 15. REPEALER.​ 34.10 Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,​ 34.11 11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, and 20; 115A.1312; 115A.1314; 115A.1316;​ 34.12 115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328;​ 34.13 115A.1330; and 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, and 9, are repealed.​ 34​Article 2 Sec. 15.​ 26-07778 as introduced​03/17/26 REVISOR CKM/CG​ Page.Ln 1.13​BATTERY STEWARDSHIP..................................................................ARTICLE 1​ Page.Ln 20.4​E-WASTE...............................................................................................ARTICLE 2​ 1​ APPENDIX​ Article locations for 26-07778​ 115A.1310 DEFINITIONS.​ Subdivision 1. Scope. For the purposes of sections 115A.1310 to 115A.1330, the following​ terms have the meanings given.​ Subd. 2. Cathode-ray tube or CRT. "Cathode-ray tube" or "CRT" means a vacuum tube or​ picture tube used to convert an electronic signal into a visual image.​ Subd. 3. Collection. "Collection" means the aggregation of covered electronic devices from​ households and includes all the activities up to the time the covered electronic devices are delivered​ to a recycler.​ Subd. 4. Collector. "Collector" means a public or private entity that receives covered electronic​ devices from households and arranges for the delivery of the devices to a recycler.​ Subd. 5. Computer. "Computer" means an electronic, magnetic, optical, electrochemical, or​ other high-speed data processing device performing logical, arithmetic, or storage functions, but​ does not include an automated typewriter or typesetter, a portable handheld calculator or device,​ or other similar device.​ 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.​ Subd. 7. Covered electronic device. "Covered electronic device" means computers, including​ tablet computers and laptop computers, 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.​ Subd. 8. Department. "Department" means the Department of Revenue.​ Subd. 9. Dwelling unit. "Dwelling unit" has the meaning given in section 238.02, subdivision​ 21a.​ Subd. 10. Household. "Household" means an occupant of a single detached dwelling unit or a​ single unit of a multiple dwelling unit located in this state who has used a video display device at​ a dwelling unit primarily for personal use.​ Subd. 11. Manufacturer. "Manufacturer" means a person who:​ (1) manufactures video display devices to be sold under its own brand as identified by its own​ brand label; or​ (2) sells video display devices manufactured by others under its own brand as identified by its​ own brand label.​ Subd. 12. Peripheral. "Peripheral" means a keyboard, printer, or any other device sold​ exclusively for external use with a computer that provides input or output into or from a computer.​ Subd. 12a. Phase I recycling credits. "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.​ Subd. 12b. Phase II recycling credits. "Phase II recycling credits" means an amount calculated​ in a program year beginning July 1, 2019, and in each program year thereafter, according to the​ formula (1.5 x A) - (B - C), where:​ A = the number of pounds of covered electronic devices a manufacturer recycled or arranged​ to have collected and recycled during a program year from households located outside the 11-county​ metropolitan area, as defined in section 115A.1314, subdivision 2;​ B = the manufacturer's recycling obligation calculated for the same program year in section​ 115A.1320, subdivision 1, paragraph (g); and​ C = the number of pounds of covered electronic devices a manufacturer recycled or arranged​ to have collected and recycled, up to but not exceeding B, during the same program year from​ households in the 11-county metropolitan area.​ 1R​ APPENDIX​ Repealed Minnesota Statutes: 26-07778​ Subd. 12c. Portable battery. "Portable battery" means a rechargeable battery as defined in​ section 115A.9157.​ Subd. 13. Program year. "Program year" means the period from July 1 through June 30.​ Subd. 14. Recycler. "Recycler" means a public or private individual or entity who accepts​ covered electronic devices from households and collectors for the purpose of recycling. A​ manufacturer who takes products for refurbishment or repair is not a recycler.​ Subd. 15. Recycling. "Recycling" means the process of collecting and preparing video display​ devices or covered electronic devices for use in manufacturing processes or for recovery of usable​ materials followed by delivery of such materials for use. Recycling does not include the destruction​ by incineration or other process or land disposal of recyclable materials nor reuse, repair, or any​ other process through which video display devices or covered electronic devices are returned to​ use for households in their original form.​ Subd. 17. Retailer. "Retailer" means a person who sells, rents, or leases, through sales outlets,​ catalogs, or the Internet, a video display device to a household and not for resale in any form.​ Subd. 18. Sell or sale. "Sell" or "sale" means any transfer for consideration of title or of the​ right to use, by lease or sales contract, including, but not limited to, transactions conducted through​ sales outlets, catalogs, or the Internet, or any other similar electronic means either inside or outside​ of the state, by a person who conducts the transaction and controls the delivery of a video display​ device to a consumer in the state, but does not include a manufacturer's or distributor's wholesale​ transaction with a distributor or a retailer.​ Subd. 19. Television. "Television" means an electronic device that is a cathode-ray tube or flat​ panel display primarily intended to receive video programming via broadcast, cable, or satellite​ transmission or video from surveillance or other similar cameras.​ Subd. 20. Video display device. "Video display device" means a television or computer monitor​ that contains a cathode-ray tube or a flat panel screen 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.​ 115A.1312 REGISTRATION PROGRAM.​ Subdivision 1. Requirements for sale. (a) On or after September 1, 2007, a manufacturer must​ not sell or offer for sale or deliver to retailers for subsequent sale a new video display device unless:​ (1) the video display device is labeled with the manufacturer's brand, which label is permanently​ affixed and readily visible; and​ (2) the manufacturer has filed a registration with the agency, as specified in subdivision 2.​ (b) A retailer must not sell, offer for sale, rent, or lease a video display device unless the video​ display device is labeled according to this subdivision and listed as registered on the agency website​ according to subdivision 2.​ (c) A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer's​ registration expired or was revoked and the retailer took possession of the video display device​ prior to the expiration or revocation of the manufacturer's registration and the unlawful sale occurred​ within six months after the expiration or revocation.​ Subd. 2. Manufacturer registration. (a) By August 15 each year, a manufacturer of video​ display devices sold or offered for sale to households in the state must submit a registration to the​ agency that includes:​ 2R​ APPENDIX​ Repealed Minnesota Statutes: 26-07778​ (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) 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​ August 15, 2016, 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 August 15 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 website the names of manufacturers and the manufacturers'​ brands listed in registrations filed with the agency. The agency must update the website information​ promptly upon receipt of a new or updated registration. The website 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.​ Subd. 3. Collector registration. No person may operate as a collector of covered electronic​ devices from households unless that person has submitted a registration with the agency by July​ 15 each year 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.1318​ 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 point.​ A registration is effective upon receipt by the agency and is valid until July 15 each year.​ Subd. 4. Recycler registration. No person may recycle video display devices generated by​ households unless that person has submitted a registration with the agency by July 15 each year 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 covered electronic 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 must conduct recycling activities that are consistent with this chapter. A​ registration is effective upon receipt by the agency and is valid until July 15 each year.​ 115A.1314 MANUFACTURER REGISTRATION FEE.​ Subdivision 1. Registration fee. (a) Each manufacturer who registers under section 115A.1312​ must, by August 15 each year, pay to the commissioner of revenue an annual registration fee, on a​ form and in a manner prescribed by the commissioner of revenue. The commissioner of revenue​ must deposit the fee in the state treasury and credit the fee to the environmental fund.​ 3R​ APPENDIX​ Repealed Minnesota Statutes: 26-07778​ (b) The registration fee for manufacturers that sell 100 or more video display devices to​ households in the state during the previous calendar year is $2,500, plus a variable recycling fee.​ The registration fee for manufacturers that sell fewer than 100 video display devices in the state​ during the previous calendar year is a variable recycling fee. The variable recycling fee is calculated​ according to the formula:​ [A - (B + C)] x D, where:​ A = the manufacturer's recycling obligation as determined under section 115A.1320;​ B = the number of pounds of covered electronic devices that a manufacturer recycled or arranged​ to have collected and recycled from households during the immediately preceding program year,​ as reported under section 115A.1316, subdivision 1;​ C = the number of phase I or phase II recycling credits a manufacturer elects to use to calculate​ the variable recycling fee; and​ D = the estimated per-pound cost of recycling, initially set at $0.50 per pound for manufacturers​ who recycle less than 50 percent of the manufacturer's recycling obligation; $0.40 per pound for​ manufacturers who recycle at least 50 percent but less than 90 percent of the manufacturer's recycling​ obligation; $0.30 per pound for manufacturers who recycle at least 90 percent but less than 100​ percent of the manufacturer's recycling obligation; and $0.00 per pound for manufacturers who​ recycle 100 percent or more of the manufacturer's recycling obligation.​ (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:​ (1) documentation that the manufacturer has met at least 75 percent of its recycling obligation​ as determined under section 115A.1320;​ (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;​ (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;​ (4) a description of the manufacturer's best efforts to meet its recycling obligation as determined​ under section 115A.1320; and​ (5) any other information requested by the agency.​ (d) A manufacturer may retain phase I and phase II 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 recycling​ obligation A for any program year may be met with phase I and phase II recycling credits, separately​ or in combination, generated in a prior program year. A manufacturer may sell any portion or all​ of its phase I and phase II recycling credits to another manufacturer, at a price negotiated by the​ parties, who may use the credits in the same manner.​ (e) For the purpose of determining B in calculating a manufacturer's variable recycling fee using​ the formula under paragraph (b), starting with the program year beginning July 1, 2019, and​ continuing each year thereafter, the weight of covered electronic devices that a manufacturer recycled​ or arranged to have collected and recycled from households located outside the 11-county​ metropolitan area, as defined in subdivision 2, paragraph (b), is calculated at 1.5 times their actual​ weight.​ Subd. 2. Use of registration fees. (a) Registration fees may be used by the commissioner for:​ (1) 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) grants to counties outside the 11-county metropolitan area, as defined in paragraph (b), and​ to 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​ 4R​ APPENDIX​ Repealed Minnesota Statutes: 26-07778​ 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.​ (b) The 11-county metropolitan area consists of the counties of Anoka, Carver, Chisago, Dakota,​ Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.​ 115A.1316 REPORTING REQUIREMENTS.​ Subdivision 1. Manufacturer reporting requirements. (a) By March 1 each year, each​ manufacturer must report to the agency using the form prescribed:​ (1) the total weight of each specific model of its video display devices sold to households during​ the previous calendar year; and​ (2) either:​ (i) the total weight of its video display devices sold to households during the previous calendar​ year; or​ (ii) an estimate of the total weight of its video display devices sold to households during the​ previous calendar 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.​ A manufacturer must submit with the report required under this paragraph a description of how the​ information or estimate was calculated.​ (b) By August 15 each year, each manufacturer must report to the agency:​ (1) 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;​ (2) the number of phase I and phase II recycling credits the manufacturer has purchased and​ sold during the preceding program year;​ (3) the number of phase I and phase II 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​ (4) the number of phase I and phase II recycling credits the manufacturer retains at the beginning​ of the current program year.​ (c) Upon request of the commissioner of revenue, the agency shall provide a copy of each report​ to the commissioner of revenue.​ Subd. 2. Recycler reporting requirements. (a) By July 15 each year, a recycler of covered​ electronic devices must report to the agency:​ (1) 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 2;​ (2) the weight of video display devices recycled as part of covered electronic devices recycled​ during the previous program year; and​ (3) an estimate of the weight of portable batteries and any mercury-containing lamps that are​ associated with the covered electronic devices managed.​ (b) Upon request of the commissioner of revenue, the agency shall provide a copy of each report​ to the commissioner of revenue.​ Subd. 3. Collector reporting requirements. By July 15 each year, a collector must report​ separately to the agency using the form prescribed by the commissioner:​ (1) the total pounds of covered electronic devices collected in the state;​ (2) a list of all recyclers to whom collectors delivered covered electronic devices; and​ (3) whether the collector had a contract with a recycler or manufacturer to provide pounds​ toward meeting a manufacturer's obligation.​ 5R​ APPENDIX​ Repealed Minnesota Statutes: 26-07778​ 115A.1318 RESPONSIBILITIES.​ Subdivision 1. Manufacturer responsibilities. (a) In addition to fulfilling the requirements of​ sections 115A.1310 to 115A.1330, a manufacturer must comply with paragraphs (b) to (f).​ (b) A manufacturer must annually recycle or arrange for the collection and recycling of an​ amount of video display devices as determined by the agency in section 115A.1320, subdivision​ 1. 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.​ (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​ covered electronic 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.​ (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.​ Subd. 1a. Collector responsibilities. (a) Collection sites must be:​ (1) staffed; and​ (2) open to the public at a frequency adequate to meet the needs of the area being served.​ (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.​ (c) A collector must use only registered recyclers.​ Subd. 2. Recycler 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​ covered electronic devices, including all downstream recycling operations:​ (1) use only registered collectors;​ (2) comply with all applicable health, environmental, safety, and financial responsibility​ regulations;​ (3) are licensed by all applicable governmental authorities;​ (4) use no prison labor to recycle video display devices;​ (5) possess liability insurance of not less than $1,000,000 for environmental releases, accidents,​ and other emergencies;​ (6) provide a report annually to each registered collector regarding the video display devices​ received from that entity; and​ (7) do not charge collectors for transporting, recycling, or any necessary supplies related to​ transporting or recycling covered electronic devices that meet a manufacturer's recycling obligation​ as determined under section 115A.1320, unless otherwise mutually agreed upon.​ (b) A nonprofit corporation that contracts with a correctional institution to refurbish and reuse​ donated computers in schools is exempt from paragraph (a), clauses (4) and (5).​ (c) Except to the extent otherwise required by law and unless agreed upon otherwise by the​ recycler or manufacturer, 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.​ 6R​ APPENDIX​ Repealed Minnesota Statutes: 26-07778​ Subd. 3. Retailer responsibilities. A retailer who sells new video display devices shall provide​ information to households describing where and how they may recycle video display devices and​ advising them of opportunities and locations for the convenient collection of video display devices​ for the purpose of recycling. This requirement may be met by providing to households the agency's​ toll-free number and website address. Retailers selling through catalogs or the Internet may meet​ this requirement by including the information in a prominent location on the retailer's website.​ 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 following variables that are used to calculate a​ manufacturer's annual registration fee under section 115A.1314, subdivision 1:​ (1) the obligation-setting mechanism for manufacturers as specified under paragraph (g);​ (2) the estimated per-pound price of recycling covered electronic devices sold to households;​ and​ (3) the base registration fee.​ (d) 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, or​ if the revenues exceed the amount that the agency determines is necessary, 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.​ (e) By May 1 each year, the agency shall publish a statewide recycling goal for all video display​ 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.​ (f) By May 1 each 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 agency under section 115A.1316,​ subdivision 1.​ (g) By May 1 each year, 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.​ (h) 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. 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). 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.​ (i) The agency shall promote public participation in the activities regulated under sections​ 115A.1312 to 115A.1330 through public education and outreach efforts.​ 7R​ APPENDIX​ Repealed Minnesota Statutes: 26-07778​ (j) 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.​ (k) 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.​ (l) The agency shall post on its website the contact information provided by each manufacturer​ under section 115A.1318, subdivision 1, paragraph (e).​ Subd. 2. Additional duties. (a) The agency 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 phase​ I and phase II 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.​ (b) The agency 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 section 115A.1314, subdivision 1, 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.​ 115A.1322 OTHER RECYCLING PROGRAMS.​ A city, county, or other public agency may not require households to use public facilities to​ recycle their covered electronic devices to the exclusion of other lawful programs available. Cities,​ counties, and other public agencies, including those awarded contracts by the agency under section​ 115A.1314, subdivision 2, are encouraged to work with manufacturers to assist them in meeting​ their recycling obligations under section 115A.1318, subdivision 1. Nothing in sections 115A.1310​ to 115A.1330 prohibits or restricts the operation of any program recycling covered electronic devices​ in addition to those provided by manufacturers or prohibits or restricts any persons from receiving,​ collecting, transporting, or recycling covered electronic devices, provided that those persons are​ registered under section 115A.1312.​ 115A.1323 ANTICOMPETITIVE CONDUCT.​ (a) A manufacturer that organizes collection or recycling under sections 115A.1310 to 115A.1322​ 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​ 8R​ APPENDIX​ Repealed Minnesota Statutes: 26-07778​ 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.​ 115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.​ (a) The Department of Administration must ensure that acquisitions of video display devices​ under chapter 16C are in compliance with or not subject to sections 115A.1310 to 115A.1318.​ (b) The solicitation documents must specify that the prospective responder is required to​ cooperate fully in providing reasonable access to its records and documents that evidence compliance​ with paragraph (a) and sections 115A.1310 to 115A.1318.​ (c) Any person awarded a contract under chapter 16C for purchase or lease of video display​ devices that is found to be in violation of paragraph (a) or sections 115A.1310 to 115A.1318 is​ subject to the following sanctions:​ (1) the contract must be voided if the commissioner of administration determines that the​ potential adverse impact to the state is exceeded by the benefit obtained from voiding the contract;​ (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part 1230.1150;​ and​ (3) if the attorney general establishes that any money, property, or benefit was obtained by a​ contractor as a result of violating paragraph (a) or sections 115A.1310 to 115A.1318, the court​ may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money,​ property, or benefit.​ 115A.1326 REGULATING VIDEO DISPLAY DEVICES.​ If the United States Environmental Protection Agency adopts regulations under the Resource​ Conservation and Recovery Act regarding the handling, storage, or treatment of any type of video​ display device being recycled, those regulations are automatically effective in this state on the same​ date and supersede any rules previously adopted by the agency regarding the handling, storage, or​ treatment of all video display devices being recycled.​ 115A.1328 MULTISTATE IMPLEMENTATION.​ The agency and department are authorized to participate in the establishment of a regional​ multistate organization or compact to assist in carrying out the requirements of this chapter.​ 115A.1330 LIMITATIONS.​ Sections 115A.1310 to 115A.1330 expire if a federal law, or combination of federal laws, take​ effect that is applicable to all video display devices sold in the United States and establish a program​ for the collection and recycling or reuse of video display devices that is applicable to all video​ display devices discarded by households.​ 115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS.​ Subdivision 1. Definition. For the purpose of this section, "rechargeable battery" means a sealed​ nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, except a​ rechargeable battery governed by section 115A.9155 or exempted by the commissioner under​ subdivision 9.​ Subdivision 1. Definition. For the purpose of this section, "rechargeable battery" means a sealed​ nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, except a​ rechargeable battery governed by section 115A.9155 or exempted by the commissioner under​ subdivision 9.​ Subd. 2. Prohibition. Effective August 1, 1991, a person may not place in mixed municipal​ solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable​ rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack,​ from which all batteries or battery packs have not been removed.​ Subd. 2. Prohibition. Effective August 1, 1991, a person may not place in mixed municipal​ solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable​ rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack,​ from which all batteries or battery packs have not been removed.​ 9R​ APPENDIX​ Repealed Minnesota Statutes: 26-07778​ Subd. 3. Collection and management costs. A manufacturer of rechargeable batteries or​ products powered by rechargeable batteries is responsible for the costs of collecting and managing​ its waste rechargeable batteries and waste products to ensure that the batteries are not part of the​ solid waste stream.​ Subd. 3. Collection and management costs. A manufacturer of rechargeable batteries or​ products powered by rechargeable batteries is responsible for the costs of collecting and managing​ its waste rechargeable batteries and waste products to ensure that the batteries are not part of the​ solid waste stream.​ Subd. 5. Collection and management programs. (a) By September 20, 1995, the manufacturers​ or their representative organization shall implement permanent programs, based on the results of​ the pilot projects required in Minnesota Statutes 1994, section 115A.9157, subdivision 4, that may​ be reasonably expected to collect 90 percent of the waste rechargeable batteries and the participating​ manufacturers' products powered by rechargeable batteries that are generated in the state. The​ batteries and products collected must be recycled or otherwise managed or disposed of properly.​ (b) In every odd-numbered year after 1995, each manufacturer or a representative organization​ shall provide information to the senate and house of representatives committees having jurisdiction​ over environment and natural resources and environment and natural resources finance that specifies​ at least the estimated amount of rechargeable batteries subject to this section sold in the state by​ each manufacturer and the amount of batteries each collected during the previous two years. A​ representative organization may report the amounts in aggregate for all the members of the​ organization.​ Subd. 5. Collection and management programs. (a) By September 20, 1995, the manufacturers​ or their representative organization shall implement permanent programs, based on the results of​ the pilot projects required in Minnesota Statutes 1994, section 115A.9157, subdivision 4, that may​ be reasonably expected to collect 90 percent of the waste rechargeable batteries and the participating​ manufacturers' products powered by rechargeable batteries that are generated in the state. The​ batteries and products collected must be recycled or otherwise managed or disposed of properly.​ (b) In every odd-numbered year after 1995, each manufacturer or a representative organization​ shall provide information to the senate and house of representatives committees having jurisdiction​ over environment and natural resources and environment and natural resources finance that specifies​ at least the estimated amount of rechargeable batteries subject to this section sold in the state by​ each manufacturer and the amount of batteries each collected during the previous two years. A​ representative organization may report the amounts in aggregate for all the members of the​ organization.​ Subd. 6. List of participants. A manufacturer or its representative organization shall inform​ the committees listed in subdivision 5 when they begin participating in the projects and programs​ and immediately if they withdraw participation.​ Subd. 6. List of participants. A manufacturer or its representative organization shall inform​ the committees listed in subdivision 5 when they begin participating in the projects and programs​ and immediately if they withdraw participation.​ Subd. 7. Contracts. A manufacturer or a representative organization of manufacturers may​ contract with the state or a political subdivision to provide collection services under this section.​ The manufacturer or organization shall fully reimburse the state or political subdivision for the​ value of any contractual services rendered under this subdivision.​ Subd. 7. Contracts. A manufacturer or a representative organization of manufacturers may​ contract with the state or a political subdivision to provide collection services under this section.​ The manufacturer or organization shall fully reimburse the state or political subdivision for the​ value of any contractual services rendered under this subdivision.​ Subd. 8. Anticompetitive conduct. A manufacturer or organization of manufacturers and its​ officers, members, employees, and agents who participate in projects or programs to collect and​ properly manage waste rechargeable batteries or products powered by rechargeable batteries are​ immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices,​ and other regulation of trade or commerce for activities related to the collection and management​ of batteries and products required under this section.​ Subd. 8. Anticompetitive conduct. A manufacturer or organization of manufacturers and its​ officers, members, employees, and agents who participate in projects or programs to collect and​ properly manage waste rechargeable batteries or products powered by rechargeable batteries are​ 10R​ APPENDIX​ Repealed Minnesota Statutes: 26-07778​ immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices,​ and other regulation of trade or commerce for activities related to the collection and management​ of batteries and products required under this section.​ Subd. 9. Exemptions. To ensure that new types of batteries do not add additional hazardous or​ toxic materials to the mixed municipal solid waste stream, the commissioner of the agency may​ exempt a new type of rechargeable battery from the requirements of this section if it poses no​ unreasonable hazard when placed in and processed or disposed of as part of a mixed municipal​ solid waste.​ Subd. 9. Exemptions. To ensure that new types of batteries do not add additional hazardous or​ toxic materials to the mixed municipal solid waste stream, the commissioner of the agency may​ exempt a new type of rechargeable battery from the requirements of this section if it poses no​ unreasonable hazard when placed in and processed or disposed of as part of a mixed municipal​ solid waste.​ 325E.125 GENERAL AND SPECIAL PURPOSE BATTERY REQUIREMENTS.​ Subd. 3. Rechargeable tools and appliances. (a) A manufacturer may not sell, distribute, or​ offer for sale in this state a rechargeable consumer product unless:​ (1) the battery can be easily removed by the consumer or is contained in a battery pack that is​ separate from the product and can be easily removed; and​ (2) the product and the battery are both labeled in a manner that is clearly visible to the consumer​ indicating that the battery must be recycled or disposed of properly and the battery must be clearly​ identifiable as to the type of electrode used in the battery.​ (b) "Rechargeable consumer product" as used in this subdivision means any product that contains​ a rechargeable battery and is primarily used or purchased to be used for personal, family, or​ household purposes.​ (c) On application by a manufacturer, the commissioner of the Pollution Control Agency may​ exempt a rechargeable consumer product from the requirements of paragraph (a) if:​ (1) the product cannot be reasonably redesigned and manufactured to comply with the​ requirements prior to the effective date of Laws 1990, chapter 409, section 2;​ (2) the redesign of the product to comply with the requirements would result in significant​ danger to public health and safety; or​ (3) the type of electrode used in the battery poses no unreasonable hazards when placed in and​ processed or disposed of as part of mixed municipal solid waste.​ (d) An exemption granted by the commissioner of the Pollution Control Agency under paragraph​ (c), clause (1), must be limited to a maximum of two years and may be renewed.​ Subd. 4. Rechargeable batteries and products; notice. (a) A person who sells rechargeable​ batteries or products powered by rechargeable batteries governed by section 115A.9157 at retail​ shall post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing​ decisions.​ (b) The notice must be at least four inches by six inches and state:​ "ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS PRODUCTS:​ Under Minnesota law, manufacturers of rechargeable batteries, rechargeable battery packs, and​ products powered by nonremovable rechargeable batteries will provide a special collection system​ for these items by April 15, 1994. It is illegal to put rechargeable batteries in the garbage. Use the​ special collection system that will be provided in your area. Take care of our environment.​ DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY​ NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE."​ (c) Notice is not required for home solicitation sales, as defined in section 325G.06, or for​ catalogue sales.​ Subd. 5. Prohibitions. A manufacturer of rechargeable batteries or products powered by​ rechargeable batteries that does not participate in the pilot projects and programs required in section​ 115A.9157 may not sell, distribute, or offer for sale in this state rechargeable batteries or products​ powered by rechargeable batteries after January 1, 1992.​ 11R​ APPENDIX​ Repealed Minnesota Statutes: 26-07778​ After January 1, 1992, a person who first purchases rechargeable batteries or products powered​ by rechargeable batteries for importation into the state for resale may not purchase rechargeable​ batteries or products powered by rechargeable batteries made by any person other than a manufacturer​ that participates in the projects and programs required under section 115A.9157.​ 12R​ APPENDIX​ Repealed Minnesota Statutes: 26-07778​