Bill Text: MN SF1237 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Electronic device recycling requirements modifications
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-04-18 - Referred to Environment and Natural Resources [SF1237 Detail]
Download: Minnesota-2011-SF1237-Introduced.html
1.2relating to environment; modifying electronic device recycling requirements;
1.3amending Minnesota Statutes 2010, sections 115A.1310, subdivisions 7, 20;
1.4115A.1312, subdivision 2; 115A.1314, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 115A.1310, subdivision 7, is amended to
1.7read:
1.8 Subd. 7. Covered electronic device. "Covered electronic device" meanscomputers,
1.9peripherals, facsimile machines, DVD players, video cassette recorders, and video display
1.10devicesthat are sold to a household by means of retail, wholesale, or electronic commerce,
1.11desktop computers, desktop printers, digital video recorders (DVR's), and DVD players.
1.12 Sec. 2. Minnesota Statutes 2010, section 115A.1310, subdivision 20, is amended to
1.13read:
1.14 Subd. 20. Video display device. "Video display device" means a television or
1.15computer monitor, including a laptop computer, that contains a cathode-ray tube or a flat
1.16panel screen with a screen size that is greater thannine seven inches measured diagonally
1.17and that is marketed by manufacturers for use by households. Video display device does
1.18not include any of the following:
1.19 (1) a video display device that is part of a motor vehicle or any component part of a
1.20motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including
1.21replacement parts for use in a motor vehicle;
1.22 (2) a video display device, including a touch-screen display, that is functionally or
1.23physically part of a larger piece of equipment or is designed and intended for use in an
2.1industrial; commercial, including retail; library checkout; traffic control; kiosk; security,
2.2other than household security; border control; or medical setting, including diagnostic,
2.3monitoring, or control equipment;
2.4 (3) a video display device that is contained within a clothes washer, clothes dryer,
2.5refrigerator, refrigerator and freezer, microwave oven, conventional oven or range,
2.6dishwasher, room air conditioner, dehumidifier, or air purifier; or
2.7 (4) a telephone of any type unless it contains a video display area greater than nine
2.8inches measured diagonally.
2.9 Sec. 3. Minnesota Statutes 2010, section 115A.1312, subdivision 2, is amended to read:
2.10 Subd. 2. Manufacturer's registration. (a) A manufacturer ofvideo display devices
2.11covered electronic devices sold or offered for sale to households after September 1, 2007,
2.12must submit a registration to the agency that includes:
2.13 (1) a list of the manufacturer's brands of video display devices offered for sale the
2.14previous program year in this state;
2.15 (2) the name, address, and contact information of a person responsible for ensuring
2.16compliance with this chapter; and
2.17 (3) a certification that the manufacturer has complied and will continue to comply
2.18with the requirements of sections115A.1312 to
115A.1318 .
2.19 (b) By September 1, 2008, and each year thereafter, a manufacturer of video display
2.20devices sold or offered for sale to a household must include in the registration submitted
2.21under paragraph (a), a statement disclosing whether:
2.22 (1) any video display devices sold to households exceed the maximum concentration
2.23values established for lead, mercury, cadmium, hexavalent chromium, polybrominated
2.24biphenyls (PBB's), and polybrominated diphenyl ethers (PBDE's) under the RoHS
2.25(restricting the use of certain hazardous substances in electrical and electronic equipment)
2.26Directive 2002/95/EC of the European Parliament and Council and any amendments
2.27thereto; or
2.28 (2) the manufacturer has received an exemption from one or more of those maximum
2.29concentration values under the RoHS Directive that has been approved and published by
2.30the European Commission.
2.31 (c) A manufacturer who begins to sell or offer for sale video display devices to
2.32households after September 1, 2007, and has not filed a registration under this subdivision
2.33must submit a registration to the agency within ten days of beginning to sell or offer for
2.34sale video display devices to households.
3.1 (d) A registration must be updated within ten days after a change in the
3.2manufacturer's brands of video display devices sold or offered for sale to households.
3.3 (e) A registration is effective upon receipt by the agency and is valid until September
3.41 of each year.
3.5 (f) The agency must review each registration and notify the manufacturer of any
3.6information required by this section that is omitted from the registration. Within 30 days
3.7of receipt of a notification from the agency, the manufacturer must submit a revised
3.8registration providing the information noted by the agency.
3.9 (g) The agency must maintain on its Web site the names of manufacturers and the
3.10manufacturers' brands listed in registrations filed with the agency. The agency must
3.11update the Web site information promptly upon receipt of a new or updated registration.
3.12The Web site must contain prominent language stating, in effect, that sections115A.1310
3.13to115A.1330 are directed at household equipment and the manufacturers' brands list is,
3.14therefore, not a list of manufacturers qualified to sell to industrial, commercial, or other
3.15markets identified as exempt from the requirements of sections115A.1310 to
115A.1330 .
3.16 Sec. 4. Minnesota Statutes 2010, section 115A.1314, subdivision 1, is amended to read:
3.17 Subdivision 1. Registration fee. (a) Each manufacturer who registers under section
3.18115A.1312
must, by September 1, 2007, and each year thereafter, pay to the commissioner
3.19of revenue an annual registration fee. The commissioner of revenue must deposit the fee
3.20in the account established in subdivision 2.
3.21 (b) The registration fee for the initial program year during which a manufacturer's
3.22video display devices covered electronic devices are sold to households is $5,000. Each
3.23year thereafter, the registration fee is equal to a base fee of $2,500, plus a variable
3.24recycling fee calculated according to the formula:
3.25 ((A x B) - (C + D)) x E, where:
3.26 (1) A = the number of pounds of a manufacturer'svideo display devices covered
3.27electronic devices sold to households during the previous program year, as reported to
3.28the department under section115A.1316, subdivision 1 ;
3.29 (2) B = the proportion of sales ofvideo display devices covered electronic devices
3.30required to be recycled,set at 0.6 for the first program year and 0.8 for the second program
3.31year and every year thereafter 0.9;
3.32 (3) C = the number of pounds of covered electronic devices recycled by a
3.33manufacturer from households during the previous program year, as reported to the
3.34department under section115A.1316, subdivision 1 ;
4.1 (4) D = the number of recycling credits a manufacturer elects to use to calculate the
4.2variable recycling fee, as reported to the department under section115A.1316, subdivision
4.31; and
4.4 (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
4.5manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound
4.6for manufacturers who recycle at least 50 percent but less than 90 percent of the product
4.7(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less
4.8than 100 percent of the product (A x B).
4.9 (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of
4.10pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer
4.11may retain recycling credits to be added, in whole or in part, to the actual value of C, as
4.12reported under section115A.1316, subdivision 2 , during any succeeding program year,
4.13provided that no more than 25 percent of a manufacturer's obligation (A x B) for any
4.14program year may be met with recycling credits generated in a prior program year. A
4.15manufacturer may sell any portion or all of its recycling credits to another manufacturer, at
4.16a price negotiated by the parties, who may use the credits in the same manner.
4.17 (d) For the purpose of calculating a manufacturer's variable recycling fee under
4.18paragraph (b), the weight of covered electronic devices collected from households located
4.19outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is
4.20calculated at 1.5 times their actual weight.
4.21 (e) The registration fee for the initial program year and the base registration fee
4.22thereafter for a manufacturer who produces fewer than 100 video display devices for sale
4.23annually to households is $1,250.
1.3amending Minnesota Statutes 2010, sections 115A.1310, subdivisions 7, 20;
1.4115A.1312, subdivision 2; 115A.1314, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 115A.1310, subdivision 7, is amended to
1.7read:
1.8 Subd. 7. Covered electronic device. "Covered electronic device" means
1.9
1.10devices
1.11desktop computers, desktop printers, digital video recorders (DVR's), and DVD players.
1.12 Sec. 2. Minnesota Statutes 2010, section 115A.1310, subdivision 20, is amended to
1.13read:
1.14 Subd. 20. Video display device. "Video display device" means a television or
1.15computer monitor, including a laptop computer, that contains a cathode-ray tube or a flat
1.16panel screen with a screen size that is greater than
1.17and that is marketed by manufacturers for use by households. Video display device does
1.18not include any of the following:
1.19 (1) a video display device that is part of a motor vehicle or any component part of a
1.20motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including
1.21replacement parts for use in a motor vehicle;
1.22 (2) a video display device, including a touch-screen display, that is functionally or
1.23physically part of a larger piece of equipment or is designed and intended for use in an
2.1industrial; commercial, including retail; library checkout; traffic control; kiosk; security,
2.2other than household security; border control; or medical setting, including diagnostic,
2.3monitoring, or control equipment;
2.4 (3) a video display device that is contained within a clothes washer, clothes dryer,
2.5refrigerator, refrigerator and freezer, microwave oven, conventional oven or range,
2.6dishwasher, room air conditioner, dehumidifier, or air purifier; or
2.7 (4) a telephone of any type unless it contains a video display area greater than nine
2.8inches measured diagonally.
2.9 Sec. 3. Minnesota Statutes 2010, section 115A.1312, subdivision 2, is amended to read:
2.10 Subd. 2. Manufacturer's registration. (a) A manufacturer of
2.11covered electronic devices sold or offered for sale to households after September 1, 2007,
2.12must submit a registration to the agency that includes:
2.13 (1) a list of the manufacturer's brands of video display devices offered for sale the
2.14previous program year in this state;
2.15 (2) the name, address, and contact information of a person responsible for ensuring
2.16compliance with this chapter; and
2.17 (3) a certification that the manufacturer has complied and will continue to comply
2.18with the requirements of sections
2.19 (b) By September 1, 2008, and each year thereafter, a manufacturer of video display
2.20devices sold or offered for sale to a household must include in the registration submitted
2.21under paragraph (a), a statement disclosing whether:
2.22 (1) any video display devices sold to households exceed the maximum concentration
2.23values established for lead, mercury, cadmium, hexavalent chromium, polybrominated
2.24biphenyls (PBB's), and polybrominated diphenyl ethers (PBDE's) under the RoHS
2.25(restricting the use of certain hazardous substances in electrical and electronic equipment)
2.26Directive 2002/95/EC of the European Parliament and Council and any amendments
2.27thereto; or
2.28 (2) the manufacturer has received an exemption from one or more of those maximum
2.29concentration values under the RoHS Directive that has been approved and published by
2.30the European Commission.
2.31 (c) A manufacturer who begins to sell or offer for sale video display devices to
2.32households after September 1, 2007, and has not filed a registration under this subdivision
2.33must submit a registration to the agency within ten days of beginning to sell or offer for
2.34sale video display devices to households.
3.1 (d) A registration must be updated within ten days after a change in the
3.2manufacturer's brands of video display devices sold or offered for sale to households.
3.3 (e) A registration is effective upon receipt by the agency and is valid until September
3.41 of each year.
3.5 (f) The agency must review each registration and notify the manufacturer of any
3.6information required by this section that is omitted from the registration. Within 30 days
3.7of receipt of a notification from the agency, the manufacturer must submit a revised
3.8registration providing the information noted by the agency.
3.9 (g) The agency must maintain on its Web site the names of manufacturers and the
3.10manufacturers' brands listed in registrations filed with the agency. The agency must
3.11update the Web site information promptly upon receipt of a new or updated registration.
3.12The Web site must contain prominent language stating, in effect, that sections
3.13to
3.14therefore, not a list of manufacturers qualified to sell to industrial, commercial, or other
3.15markets identified as exempt from the requirements of sections
3.16 Sec. 4. Minnesota Statutes 2010, section 115A.1314, subdivision 1, is amended to read:
3.17 Subdivision 1. Registration fee. (a) Each manufacturer who registers under section
3.19of revenue an annual registration fee. The commissioner of revenue must deposit the fee
3.20in the account established in subdivision 2.
3.21 (b) The registration fee for the initial program year during which a manufacturer's
3.22
3.23year thereafter, the registration fee is equal to a base fee of $2,500, plus a variable
3.24recycling fee calculated according to the formula:
3.25 ((A x B) - (C + D)) x E, where:
3.26 (1) A = the number of pounds of a manufacturer's
3.27electronic devices sold to households during the previous program year, as reported to
3.28the department under section
3.29 (2) B = the proportion of sales of
3.30required to be recycled,
3.31
3.32 (3) C = the number of pounds of covered electronic devices recycled by a
3.33manufacturer from households during the previous program year, as reported to the
3.34department under section
4.1 (4) D = the number of recycling credits a manufacturer elects to use to calculate the
4.2variable recycling fee, as reported to the department under section
4.4 (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
4.5manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound
4.6for manufacturers who recycle at least 50 percent but less than 90 percent of the product
4.7(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less
4.8than 100 percent of the product (A x B).
4.9 (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of
4.10pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer
4.11may retain recycling credits to be added, in whole or in part, to the actual value of C, as
4.12reported under section
4.13provided that no more than 25 percent of a manufacturer's obligation (A x B) for any
4.14program year may be met with recycling credits generated in a prior program year. A
4.15manufacturer may sell any portion or all of its recycling credits to another manufacturer, at
4.16a price negotiated by the parties, who may use the credits in the same manner.
4.17 (d) For the purpose of calculating a manufacturer's variable recycling fee under
4.18paragraph (b), the weight of covered electronic devices collected from households located
4.19outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is
4.20calculated at 1.5 times their actual weight.
4.21 (e) The registration fee for the initial program year and the base registration fee
4.22thereafter for a manufacturer who produces fewer than 100 video display devices for sale
4.23annually to households is $1,250.
