Recycled electronic waste collection program establishment, creating an account, and appropriating money

1.1 A bill for an act​ 1.2 relating to solid waste; establishing program to collect and recycle electronic waste;​ 1.3 creating an account; requiring a report; requiring rulemaking; appropriating money;​ 1.4 amending Minnesota Statutes 2022, section 115A.121; proposing coding for new​ 1.5 law in Minnesota Statutes, chapter 115A; repealing Minnesota Statutes 2022,​ 1.6 sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 12b, 12c,​ 1.7 13, 14, 15, 17, 18, 19, 20; 115A.1312; 115A.1314; 115A.1316; 115A.1318;​ 1.8 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328;​ 1.9 115A.1330.​ 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.11 Section 1. Minnesota Statutes 2022, section 115A.121, is amended to read:​ 1.12 115A.121 TOXICS AND POLLUTION PREVENTION EVALUATION;​ 1.13 CONSOLIDATED REPORT.​ 1.14 The commissioner shall prepare and adopt a report on pollution prevention activities​ 1.15 required in chapters 115A, 115D, and 325E. The report must include activities required​ 1.16 under section 115A.1320. The commissioner must submit the report to the senate and house​ 1.17 of representatives committees having jurisdiction over environment and natural resources​ 1.18 by December 31, 2013, and every four years thereafter.​ 1.19 EFFECTIVE DATE. This section is effective July 1, 2025.​ 1.20 Sec. 2. [115A.1331] DEFINITIONS.​ 1.21 (a) For the purposes of sections 115A.1331 to 115A.1340, the following terms have the​ 1.22 meanings given.​ 1​Sec. 2.​ 24-06224 as introduced​01/29/24 REVISOR CKM/NH​ SENATE​ STATE OF MINNESOTA​ S.F. No. 3940​NINETY-THIRD SESSION​ (SENATE AUTHORS: KUPEC, Hauschild and Abeler)​ OFFICIAL STATUS​D-PG​DATE​ Introduction and first reading​02/19/2024​ Referred to Energy, Utilities, Environment, and Climate​ 2.1 (b) "Collector" means a public or private entity registered with the agency under section​ 2.2 115A.1332 to collect or receive discarded electronics recyclables and arrange for their​ 2.3 delivery to a transporter or recycler.​ 2.4 (c) "Electronics recyclable" means a product that is powered by, generates, stores, or​ 2.5 conducts electricity. Electronics recyclable does not include:​ 2.6 (1) an electric vehicle, as defined in section 169.011, subdivision 26a;​ 2.7 (2) industrial machinery;​ 2.8 (3) a major appliance;​ 2.9 (4) a solar photovoltaic panel;​ 2.10 (5) real property or fixtures; or​ 2.11 (6) a lead-acid battery.​ 2.12 (d) "Manufacturer" means a person who:​ 2.13 (1) manufactures electronics recyclables to be sold under its own brand as identified by​ 2.14 its own brand label; or​ 2.15 (2) sells electronics recyclables manufactured by others under its own brand as identified​ 2.16 by its own brand label.​ 2.17 (e) "Recycle":​ 2.18 (1) means to:​ 2.19 (i) disassemble, dismantle, or shred electronics recyclables to recover certain materials​ 2.20 or salvage components of electronics recyclables for use in new products; and​ 2.21 (ii) deliver the materials or components for further processing or use; and​ 2.22 (2) does not include:​ 2.23 (i) the destroying by incineration or other process or land disposal of recyclable materials​ 2.24 retrieved from electronics recyclables;​ 2.25 (ii) reuse;​ 2.26 (iii) repair; or​ 2.27 (iv) any other process through which electronics recyclables prepared to be reused in​ 2.28 their original form.​ 2​Sec. 2.​ 24-06224 as introduced​01/29/24 REVISOR CKM/NH​ 3.1 (f) "Recycler" means a person registered with the agency under section 115A.1333 to​ 3.2 conduct recycling on electronics recyclables. Recycler does not mean a person whose sole​ 3.3 operation with respect to electronics recyclables is to manually dismantle them.​ 3.4 (g) "Refurbished" means a used electronics recyclable that was recycled or returned to​ 3.5 the manufacturer, then tested and, if necessary, repaired by the manufacturer or a third party​ 3.6 before being sold again.​ 3.7 (h) "Retailer" means a person who offers an electronics recyclable for sale in the state.​ 3.8 Retailer does not include:​ 3.9 (1) a person who exclusively offers for sale in the state electronics recyclables whose​ 3.10 purchase price does not exceed $30; or​ 3.11 (2) a person whose sales of electronics recyclables in the state in the preceding calendar​ 3.12 year was less than $.......​ 3.13 (i) "Reuse" means:​ 3.14 (1) repairing, refurbishing, or enhancing an electronics recyclable so that it can be offered​ 3.15 for sale for the same purpose for which it was originally manufactured; or​ 3.16 (2) offering for sale a discarded electronics recyclable or any of its components that​ 3.17 have not undergone repair, refurbishment, or enhancement.​ 3.18 (j) "Transporter" means a person that transports discarded electronics recyclables from​ 3.19 a collector to a recycler.​ 3.20 EFFECTIVE DATE. This section is effective January 1, 2025.​ 3.21 Sec. 3. [115A.1332] COLLECTOR REGISTRATION.​ 3.22 (a) A person may not operate as a collector of electronics recyclables unless the person​ 3.23 registers with the agency by July 15 each year on a form prescribed by the commissioner.​ 3.24 Registration information must include certification that the collector has complied and will​ 3.25 continue to comply with sections 115A.1331 to 115A.1340 and any regulations adopted by​ 3.26 a local government unit in the jurisdiction in which the collector operates. Registration is​ 3.27 effective upon receipt by the agency and is valid until July 15 each year.​ 3.28 (b) The commissioner may deny or revoke a registration under this section if the​ 3.29 commissioner determines that an excessive number of collectors would or does exist in a​ 3.30 given geographical area such that, based on the area's population and the expected level of​ 3.31 electronics recyclables to be collected from the area, the number of collectors is likely to​ 3.32 put at risk the economic viability of one or more collectors in that area.​ 3​Sec. 3.​ 24-06224 as introduced​01/29/24 REVISOR CKM/NH​ 4.1 (c) A person registered as a collector under this section may also register as a recycler​ 4.2 under section 115A.1333 if the person conducts both activities.​ 4.3 EFFECTIVE DATE. This section is effective July 1, 2025.​ 4.4 Sec. 4. [115A.1333] RECYCLER REGISTRATION.​ 4.5 A person may not operate as a recycler of electronics recyclables unless the person​ 4.6 registers with the agency by July 15 each year on a form prescribed by the commissioner.​ 4.7 Registration information must include certification that the collector:​ 4.8 (1) has complied and will continue to comply with sections 115A.1331 to 115A.1340;​ 4.9 (2) has complied and will continue to comply with all applicable health, environmental,​ 4.10 safety, and financial responsibility regulations;​ 4.11 (3) is licensed by all applicable governmental authorities;​ 4.12 (4) uses no prison labor to recycle electronics recyclables; and​ 4.13 (5) possesses liability insurance of not less than $1,000,000 for environmental releases,​ 4.14 accidents, and other emergencies.​ 4.15 EFFECTIVE DATE. This section is effective July 1, 2025.​ 4.16 Sec. 5. [115A.1334] DENIAL OF REGISTRATION.​ 4.17 The commissioner may deny a registration under section 115A.1332 or 115A.1333 if​ 4.18 the collector, the recycler, or an employee or officer of the collector or recycler has, as​ 4.19 determined by the commissioner, a history of:​ 4.20 (1) repeated violations of federal, state, or local laws, regulations, standards, or ordinances​ 4.21 related to collecting, recycling, or otherwise managing electronics recyclables;​ 4.22 (2) gross carelessness or incompetence in handling, storing, processing, transporting,​ 4.23 disposing of, or otherwise managing electronics recyclables; or​ 4.24 (3) conviction of a felony in a federal or state court for forgery, official misconduct,​ 4.25 bribery, perjury, or knowingly submitting false information under any environmental law,​ 4.26 regulation, or permit.​ 4.27 EFFECTIVE DATE. This section is effective July 1, 2025.​ 4​Sec. 5.​ 24-06224 as introduced​01/29/24 REVISOR CKM/NH​ 5.1 Sec. 6. [115A.1335] RECYCLING FEE.​ 5.2 (a) A manufacturer of electronics recyclables must add a recycling fee equal to 4.4​ 5.3 percent of the manufacturer's wholesale price of each electronics recyclable sold to a​ 5.4 wholesaler, distributor, or retailer that is to be offered for sale in the state.​ 5.5 (b) The recycling fee may not be applied to a previously owned or refurbished electronics​ 5.6 recyclable.​ 5.7 (c) A manufacturer of an electronics recyclable must each month remit the recycling fee​ 5.8 for each electronics recyclable sold in the state to the commissioner in a manner prescribed​ 5.9 by the commissioner.​ 5.10 EFFECTIVE DATE. This section is effective January 1, 2025.​ 5.11 Sec. 7. [115A.1336] ELECTRONIC WASTE RECYCLING ACCOUNT.​ 5.12 Subdivision 1. Account established.An electronic waste recycling account is established​ 5.13 in the special revenue fund in the state treasury. Recycling fees remitted to the commissioner​ 5.14 under section 115A.1335 must be deposited in the state treasury and credited to the account.​ 5.15 Any money appropriated or transferred to the account and any earnings, such as interest,​ 5.16 dividends, and any other earnings arising from assets of the account, must be credited to​ 5.17 the account. The commissioner must manage the account. Money in the account is​ 5.18 appropriated to the commissioner to administer the electronic waste recycling program​ 5.19 under sections 115A.1331 to 115A.1342.​ 5.20 Subd. 2. Use of money. (a) Beginning in fiscal year 2026 and continuing through fiscal​ 5.21 year 2028, the commissioner must allocate $1,000,000 of money in the account each year​ 5.22 to award grants under section 115A.1342 and to reimburse the agency for its costs to​ 5.23 administer section 115.1342. Unexpended money allocated under this paragraph remains​ 5.24 available for the purposes of this paragraph until June 30, 2028, and after June 30, 2028, is​ 5.25 available for other purposes specified in this subdivision.​ 5.26 (b) The balance of the account must be used to:​ 5.27 (1) reimburse collectors' costs under the electronic waste recycling program according​ 5.28 to section 115A.1337; and​ 5.29 (2) reimburse the agency's reasonable costs to administer and enforce sections 115A.1331​ 5.30 to 115A.1340, not to exceed three percent of the balance in the account at the end of the​ 5.31 month in which the agency submits a reimbursement request, excluding the amount set​ 5.32 aside for the purposes of paragraph (a).​ 5​Sec. 7.​ 24-06224 as introduced​01/29/24 REVISOR CKM/NH​ 6.1 Subd. 3. Financial reserve limit. (a) The commissioner must not maintain a financial​ 6.2 reserve in the account established under this section in excess of 75 percent of the agency's​ 6.3 average annual expenses required to implement sections 115A.1331 to 115A.1342.​ 6.4 (b) If the financial reserve at any time exceeds 75 percent of the agency's annual expenses​ 6.5 to implement sections 115A.1331 to 115A.1342, the commissioner must reduce the recycling​ 6.6 fee under section 115A.1335 for the following year to a level that results in compliance​ 6.7 with this subdivision.​ 6.8 EFFECTIVE DATE. This section is effective January 1, 2025.​ 6.9 Sec. 8. [115A.1337] COLLECTOR REIMBURSEMENT.​ 6.10 Subdivision 1. Collectors' invoices. Each quarter, a collector may submit a​ 6.11 reimbursement request to the commissioner, on a form and in a manner prescribed by the​ 6.12 commissioner, with information and supporting material documenting the following​ 6.13 reimbursable costs incurred during the previous quarter under sections 115A.1331 to​ 6.14 115A.1340:​ 6.15 (1) the costs of collecting electronics recyclables that are transported for recycling;​ 6.16 (2) the costs of transporting electronics recyclables to recyclers, as evidenced by invoices​ 6.17 from transporters; and​ 6.18 (3) costs to recycle electronics recyclables, as evidenced by invoices from recyclers.​ 6.19 Subd. 2. Agency review; reimbursement. (a) The commissioner must review the​ 6.20 information submitted by collectors under subdivision 1 within ... days of receipt. The​ 6.21 commissioner may request additional information or documentation from a collector.​ 6.22 (b) In determining the reasonableness of the cost information submitted by a collector​ 6.23 under subdivision 1, the commissioner must compare the reported costs of collection,​ 6.24 transportation, and recycling with those of other collectors, including collectors operating​ 6.25 in the same geographic region, and must consider the extent to which significant deviations​ 6.26 from the average cost are justified as a result of low population density, distance to recyclers,​ 6.27 or other relevant factors.​ 6.28 (c) The commissioner may accept, reject, or modify the requested cost reimbursement​ 6.29 amount submitted by a collector and must provide a collector with written notice of the​ 6.30 reasons for any rejection or modification of the collector's requested cost reimbursement​ 6.31 amount.​ 6​Sec. 8.​ 24-06224 as introduced​01/29/24 REVISOR CKM/NH​ 7.1 (d) Reimbursements to collectors under this subdivision must be made only for the​ 7.2 amount of collected electronics recyclables that is transported to a recycler.​ 7.3 (e) Within ... days of receipt of a collector's reimbursement request, the commissioner​ 7.4 must issue payment to the collector for the amount the commissioner determines to be​ 7.5 reasonable, plus $....... per pound of electronics recyclables recycled.​ 7.6 (f) A person registered as both a collector under section 115A.1332 and a recycler under​ 7.7 section 115A.1333 may not be reimbursed for collection costs with respect to any electronics​ 7.8 recyclables recycled by the person, although the person is eligible to receive the $....... per​ 7.9 pound amount under paragraph (e) for all electronics recyclables collected by that person​ 7.10 that are recycled by that person or other recyclers.​ 7.11 (g) A transporter or recycler may not charge or accept payment from any person except​ 7.12 a collector for transporting, recycling, or otherwise handling electronics recyclables.​ 7.13 (h) A collector must not accept compensation for the costs of collecting, transporting,​ 7.14 recycling, or otherwise handling electronics recyclables except by reimbursement made​ 7.15 under this section, which is paid from the proceeds of the recycling fee under section​ 7.16 115A.1335.​ 7.17 EFFECTIVE DATE. This section is effective July 1, 2025.​ 7.18 Sec. 9. [115A.1338] RESPONSIBILITIES; ENFORCEMENT.​ 7.19 Subdivision 1. Collector responsibilities. (a) Collection sites for electronics recyclables​ 7.20 must be staffed and open to the public at times convenient to and of sufficient duration to​ 7.21 meet the needs of the area being served.​ 7.22 (b) A collector may:​ 7.23 (1) refuse to accept any specific type of electronics recyclable; and​ 7.24 (2) limit the number or type of electronics recyclables accepted per customer per day or​ 7.25 per delivery.​ 7.26 (c) By July 15 each year, a collector of electronics recyclables must report to the agency​ 7.27 the total weight of electronics recyclables collected during the preceding calendar year.​ 7.28 Subd. 2. Recycler responsibilities. A recycler accepting electronics recyclables from​ 7.29 a collector:​ 7​Sec. 9.​ 24-06224 as introduced​01/29/24 REVISOR CKM/NH​ 8.1 (1) may not charge the collector for transporting, recycling, or any necessary supplies​ 8.2 related to transporting or recycling electronics recyclables, unless the charge is mutually​ 8.3 agreed upon; and​ 8.4 (2) must annually submit a written report to the commissioner, at a time determined by​ 8.5 the commissioner, specifying the total weight of electronics recyclables received from the​ 8.6 collector during the previous year.​ 8.7 Subd. 3. Retailer responsibilities. A retailer who sells electronics recyclables must​ 8.8 provide to purchasers of electronics recyclables information that describes:​ 8.9 (1) how electronics recyclables may be recycled;​ 8.10 (2) opportunities and locations for the convenient collection of electronics recyclables​ 8.11 for the purpose of recycling; and​ 8.12 (3) the recycling fee that is included in the purchase price of electronics recyclables sold​ 8.13 in the state according to section 115A.1335.​ 8.14 Subd. 4. Agency responsibilities and authorities. (a) The commissioner must, in​ 8.15 consultation with collectors and recyclers, annually review the amount of the recycling fee​ 8.16 to ensure that revenue collected to reimburse collectors under section 115A.1337 and to​ 8.17 reimburse the agency for the costs of administering and enforcing sections 115A.1331 to​ 8.18 115A.1342 is sufficient but not excessive. The commissioner may adjust the amount of the​ 8.19 recycling fee after considering:​ 8.20 (1) current and projected sales of electronics recyclables in the state;​ 8.21 (2) current and projected collection rates of electronics recyclables discarded in the state;​ 8.22 (3) the costs of collecting, transporting, and recycling electronics recyclables in the state;​ 8.23 and​ 8.24 (4) the agency's costs of administering and enforcing sections 115A.1331 to 115A.1342.​ 8.25 (b) To ensure the most efficient use of recycling fees, the commissioner must encourage​ 8.26 and may require collectors operating in nearby areas to consolidate what would otherwise​ 8.27 be smaller, separate shipments of electronics recyclables to recyclers.​ 8.28 (c) The commissioner must enforce sections 115A.1331 to 115A.1342 in the manner​ 8.29 provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6, and 116.072. The commissioner​ 8.30 may revoke a registration of a collector or recycler that violates sections 115A.1331 to​ 8.31 115A.1340.​ 8.32 EFFECTIVE DATE. This section is effective July 1, 2025.​ 8​Sec. 9.​ 24-06224 as introduced​01/29/24 REVISOR CKM/NH​ 9.1 Sec. 10. [115A.1339] REPORTING.​ 9.2 No later than July 1, 2026, and by each July 1 thereafter, the commissioner must submit​ 9.3 a written report to the chairs and ranking minority members of the legislative committees​ 9.4 with primary jurisdiction over environmental policy and finance on the operation of the​ 9.5 electronic waste recycling program under sections 115A.1331 to 115A.1342. The report​ 9.6 must include, at a minimum:​ 9.7 (1) the total weight of electronics recyclables collected during the previous year, by​ 9.8 collector and county;​ 9.9 (2) the total weight of electronics recyclables transported for recycling during the previous​ 9.10 year, by collector and county;​ 9.11 (3) the total recycling fees deposited into the electronic waste recycling account;​ 9.12 (4) the total reimbursements paid to collectors from the electronic waste recycling​ 9.13 account;​ 9.14 (5) a description of the impacts of the electronic waste recycling program on the number​ 9.15 or location of collectors;​ 9.16 (6) any suggested changes to improve the efficiency and effectiveness of the electronic​ 9.17 waste recycling program; and​ 9.18 (7) any other information about program operations or other issues the commissioner​ 9.19 deems relevant.​ 9.20 EFFECTIVE DATE. This section is effective July 1, 2025.​ 9.21 Sec. 11. [115A.1340] OTHER RECYCLING PROGRAMS.​ 9.22 A city, county, or other public agency may not require purchasers of electronics​ 9.23 recyclables to use public facilities to recycle electronics recyclables to the exclusion of other​ 9.24 lawful programs available. Nothing in sections 115A.1331 to 115A.1340 prohibits or​ 9.25 restricts:​ 9.26 (1) the operation of any program recycling electronics recyclables in addition to those​ 9.27 operated under sections 115A.1331 to 115A.1340; or​ 9.28 (2) a person from receiving, collecting, transporting, or recycling electronics recyclables​ 9.29 if the person is registered under section 115A.1332 or 115A.1333.​ 9.30 EFFECTIVE DATE. This section is effective July 1, 2025.​ 9​Sec. 11.​ 24-06224 as introduced​01/29/24 REVISOR CKM/NH​ 10.1 Sec. 12. [115A.1341] ELECTRONICS RECYCLING ADVISORY COMMITTEE.​ 10.2 Subdivision 1. Establishment; members. (a) The commissioner must, no later than​ 10.3 October 1, 2024, establish and appoint an Electronics Recycling Advisory Committee​ 10.4 consisting of 11 members appointed as follows:​ 10.5 (1) one representative from each of two different sites operated by a public entity where​ 10.6 electronic products are collected for recycling;​ 10.7 (2) one representative from each of two different sites operated by a private entity where​ 10.8 electronic products are collected for recycling;​ 10.9 (3) one representative from each of two different Tribal environmental services​ 10.10 organizations;​ 10.11 (4) until June 30, 2025, two representatives of an electronics recycler registered under​ 10.12 section 115A.1312;​ 10.13 (5) beginning July 1, 2025, two representatives of an electronics recycler registered​ 10.14 under section 115A.1333;​ 10.15 (6) one representative from each of two different environmental nonprofit organizations;​ 10.16 and​ 10.17 (7) one representative from the public at large.​ 10.18 (b) In appointing members to the advisory committee, the commissioner must:​ 10.19 (1) appoint a laborer as one of the representatives from a public or private collection​ 10.20 site;​ 10.21 (2) not appoint a person who is a lobbyist registered under section 10A.03;​ 10.22 (3) appoint no more than seven members of the advisory committee who reside in Anoka,​ 10.23 Carver, Dakota, Hennepin, Ramsey, Scott, or Washington Counties; and​ 10.24 (4) endeavor to appoint members representing all regions of the state.​ 10.25 Subd. 2. Duties. The advisory committee must recommend to the commissioner, based​ 10.26 on information the advisory committee gathers from collectors, recyclers, electronics​ 10.27 manufacturers, environmental organizations, and members of the public, modifications to​ 10.28 the following programs that would make the programs more efficient, make the programs​ 10.29 less costly, or increase the amount of covered electronic devices and electronics recyclables​ 10.30 collected and recycled:​ 10.31 (1) until June 30, 2025, the program under sections 115A.1310 to 115A.1330; and​ 10​Sec. 12.​ 24-06224 as introduced​01/29/24 REVISOR CKM/NH​ 11.1 (2) beginning July 1, 2025, the program under sections 115A.1331 to 115A.1340.​ 11.2 Subd. 3. Administration. (a) The advisory committee must elect a chair by majority​ 11.3 vote at its initial meeting. The advisory committee must meet quarterly. Additional meetings​ 11.4 may be held at the call of the chair.​ 11.5 (b) Agency staff serves as staff to the advisory committee.​ 11.6 Sec. 13. [115A.1342] ELECTRONICS RECYCLER AIR QUALITY IMPROVEMENT​ 11.7 GRANT PROGRAM.​ 11.8 Subdivision 1. Definition. For the purposes of this section, "eligible applicant" means:​ 11.9 (1) until June 30, 2025, a recycler participating in the program under sections 115A.1310​ 11.10 to 115A.1330; and​ 11.11 (2) beginning July 1, 2025, a recycler participating in the program under sections​ 11.12 115A.1331 to 115A.1340.​ 11.13 Subd. 2. Establishment. An electronics recycler air quality grant program is established​ 11.14 to help eligible applicants purchase and install equipment to improve air quality in or outside​ 11.15 recycling facilities.​ 11.16 Subd. 3. Application and award process. (a) To be considered for a grant under this​ 11.17 section, an eligible applicant must file a written application with the commissioner on a​ 11.18 form prescribed by the commissioner.​ 11.19 (b) The commissioner must act as fiscal agent for the grant program and must adopt​ 11.20 rules to evaluate applications and award grants.​ 11.21 (c) The commissioner must award grants on a first-come, first-served basis.​ 11.22 (d) Grants may be awarded to an eligible applicant for:​ 11.23 (1) equipment that improves indoor air quality in a facility operating a shredder or​ 11.24 smelter;​ 11.25 (2) equipment that improves outdoor air quality at a facility operating a smelter; or​ 11.26 (3) forklifts that operate solely on electricity that replace forklifts operating solely on a​ 11.27 fossil fuel.​ 11.28 Subd. 4. Grant amounts. A grant awarded under this section may not exceed ... percent​ 11.29 of the purchase and installation costs of the applicable equipment or $......., whichever is​ 11.30 less.​ 11​Sec. 13.​ 24-06224 as introduced​01/29/24 REVISOR CKM/NH​ 12.1 Subd. 5. Expiration. This section expires June 30, 2028.​ 12.2 EFFECTIVE DATE. This section is effective the day following final enactment.​ 12.3 Sec. 14. ELECTRONICS RECYCLING STUDY.​ 12.4 (a) The commissioner of the Pollution Control Agency must contract with an independent​ 12.5 third party to conduct a study that examines the barriers to electronics recycling and​ 12.6 recommends ways those barriers may be overcome. The study must, at a minimum, address:​ 12.7 (1) the status of end markets for materials recovered from electronics recycling;​ 12.8 (2) information regarding the toxicity of materials recovered from electronics recycling;​ 12.9 (3) ways to promote worker safety in facilities that recycle electronics;​ 12.10 (4) opportunities and methods to recover precious metals from electronics recycling​ 12.11 processes;​ 12.12 (5) measures to reduce emissions of greenhouse gases from electronics recycling facilities;​ 12.13 and​ 12.14 (6) how changes in product design that increase the recyclability of electronics products​ 12.15 can be encouraged.​ 12.16 (b) No later than March 1, 2025, the commissioner must submit a written report​ 12.17 containing the findings and recommendations of the study to the chairs and ranking minority​ 12.18 members of the legislative committees with jurisdiction over recycling.​ 12.19 EFFECTIVE DATE. This section is effective the day following final enactment.​ 12.20 Sec. 15. REPEALER.​ 12.21 Minnesota Statutes 2022, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,​ 12.22 11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, and 20; 115A.1312; 115A.1314; 115A.1316;​ 12.23 115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328; and​ 12.24 115A.1330, are repealed.​ 12.25 EFFECTIVE DATE. This section is effective July 1, 2025.​ 12​Sec. 15.​ 24-06224 as introduced​01/29/24 REVISOR CKM/NH​ 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: 24-06224​ 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: 24-06224​ (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: 24-06224​ (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: 24-06224​ 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: 24-06224​ 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: 24-06224​ 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: 24-06224​ (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: 24-06224​ 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.​ 9R​ APPENDIX​ Repealed Minnesota Statutes: 24-06224​