1.1 A bill for an act
1.2 relating to environment; establishing stewardship program for circuit boards,
1.3 batteries, and electrical products; prohibiting mercury in batteries; authorizing
1.4 rulemaking; appropriating money; amending Minnesota Statutes 2024, sections
1.5 115.071, subdivision 1; 115A.121; 115A.554; 116.92, subdivision 6, by adding a
1.6 subdivision; proposing coding for new law in Minnesota Statutes, chapter 115A;
1.7 repealing Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4,
1.8 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.9155; 115A.9157,
1.11 subdivisions 1, 2, 3, 5, 6, 7, 8, 9; 115A.961, subdivisions 1, 2, 3; 325E.125;
1.12 325E.1251.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2024, section 115.071, subdivision 1, is amended to read:
1.15 Subdivision 1.Remedies available.The provisions of sections 103F.701 to 103F.755,
1.16this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to 325E.1251 325E.12
1.17and 325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance,
1.18and permits adopted or issued by the agency thereunder or under any other law now in force
1.19or hereafter enacted for the prevention, control, or abatement of pollution may be enforced
1.20by any one or any combination of the following: criminal prosecution; action to recover
1.21civil penalties; injunction; action to compel or cease performance; or other appropriate
1.22action, in accordance with the provisions of said chapters and this section.
1.23 EFFECTIVE DATE.This section is effective January 1, 2027.
1Section 1.
REVISOR CKM/ES 25-0365602/10/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1426
NINETY-FOURTH SESSION 2.1 Sec. 2. Minnesota Statutes 2024, section 115A.121, is amended to read:
2.2 115A.121 TOXICS AND POLLUTION PREVENTION EVALUATION;
2.3CONSOLIDATED REPORT.
2.4 The commissioner shall prepare and adopt a report on pollution prevention activities
2.5required in chapters 115A, 115D, and 325E. The report must include activities required
2.6under section 115A.1320. The commissioner must submit the report to the senate and house
2.7of representatives committees having jurisdiction over environment and natural resources
2.8by December 31, 2013, and every four years thereafter.
2.9 EFFECTIVE DATE.This section is effective January 1, 2027.
2.10 Sec. 3. [115A.1331] STEWARDSHIP PROGRAM FOR CIRCUIT BOARDS,
2.11BATTERIES, AND ELECTRICAL PRODUCTS; DEFINITIONS.
2.12 (a) The terms used in sections 115A.1331 to 115A.1347 have the meanings given in this
2.13section.
2.14 (b) "Battery" means a device that contains one or more voltaic or galvanic cells that are
2.15electrically connected to produce electric energy, including any structural members, insulative
2.16casing surrounding the cells, and electrical connectors.
2.17 (c) "Board" means the Covered Products Reimbursement Board established under section
2.18115A.1333.
2.19 (d) "Brand" means a trademark, including both a registered and an unregistered trademark;
2.20a logo; a name; a symbol; a word; an identifier; or a traceable mark that identifies a covered
2.21product or other electrical product and identifies the owner or licensee of the brand as the
2.22producer of the product.
2.23 (e) "Circuit board" means a nonconductive substrate onto which one or more layers of
2.24conductive paths have been printed or wires attached for mounting and interconnecting
2.25electronic components, such as resistors, capacitors, diodes, transistors, integrated circuit
2.26chips, and connecting wires. Circuit boards include printed circuit boards, printed wiring
2.27boards, and any other style or type of circuit board.
2.28 (f) "Collection site" means a physical location where a collector collects covered products
2.29and other electrical products from members of the public and businesses. Collection site
2.30includes a location regardless of whether it is operated permanently, temporarily, or for
2.31purposes of a collection event.
2Sec. 3.
REVISOR CKM/ES 25-0365602/10/25 3.1 (g) "Collector" means a person that collects covered products and other electrical products
3.2on behalf of the stewardship organization and receives reimbursement from the stewardship
3.3organization for the collector's costs to collect and manage the products.
3.4 (h) "Covered battery" means a battery of any type, physical size, or energy capacity
3.5except a lead-acid battery with a free liquid electrolyte.
3.6 (i) "Covered circuit board" means any circuit board except a circuit board in:
3.7 (1) a major appliance;
3.8 (2) an appliance or tool powered by electrical power of greater than 240 volts alternating
3.9current; or
3.10 (3) an appliance or tool designed, manufactured, and intended solely for use in
3.11manufacturing, industrial, or other commercial settings.
3.12 (j) "Covered product" means:
3.13 (1) a covered circuit board;
3.14 (2) a covered battery;
3.15 (3) a cathode-ray tube; and
3.16 (4) a product that has a covered circuit board, a covered battery, or a cathode-ray tube
3.17contained within it or otherwise attached or connected to it, except;
3.18 (i) a medical device meeting the definition of a device under United States Code, title
3.1921, section 321, unless it is marketed for use in a household, as defined in section 115A.96;
3.20and
3.21 (ii) a motor vehicle, as defined in section 168.002.
3.22 (k) "Covered services" means collection, sorting, storage, transport, processing, repair,
3.23refurbishment, reuse, recycling, or disposal of covered products, other electrical products,
3.24and residual materials.
3.25 (l) "De minimis producer" means a producer that, in the most recent calendar year, had
3.26fewer than 100 covered products that were sold in or into the state and for which the producer
3.27was responsible.
3.28 (m) "Facilitate a sale" means to assist a person in transferring title or possession of a
3.29covered product or other electrical product, regardless of whether title or possession is ever
3.30acquired by the person facilitating a sale, such as by operating an online marketplace,
3.31publishing an offer for sale on a website, physically storing inventory of products, entering
3Sec. 3.
REVISOR CKM/ES 25-0365602/10/25 4.1into a contract to allow another person to list a product for sale, processing payment on
4.2behalf of another person, entering into a contract with a buyer or a seller related to a sale,
4.3or otherwise providing a sales process. Facilitate a sale does not include acting solely as:
4.4 (1) an advertiser;
4.5 (2) a payment processor; or
4.6 (3) a common carrier.
4.7 (n) "Independent auditor" means an independent and actively licensed certified public
4.8accountant that is:
4.9 (1) retained by the stewardship organization;
4.10 (2) not otherwise employed by or affiliated with the stewardship organization; and
4.11 (3) qualified to conduct an audit under section 115A.1337, subdivision 5, paragraph (b),
4.12clause (6).
4.13 (o) "Other electrical product" means an appliance or tool that is powered by electricity
4.14provided through a flexible cord with an attached standardized plug intended for temporary,
4.15manual connection to the electrical distribution system in a residential or commercial
4.16structure. Other electrical product does not include:
4.17 (1) a covered product;
4.18 (2) a major appliance;
4.19 (3) an appliance or tool powered by electrical power of greater than 240 volts alternating
4.20current; or
4.21 (4) an appliance or tool designed, manufactured, and intended solely for use in
4.22manufacturing, industrial, or other commercial settings.
4.23 (p) "Participant" means a producer that is named by the stewardship organization as
4.24meeting the producer's obligations under sections 115A.1331 to 115A.1347 to contract with
4.25a stewardship organization and to pay for a stewardship program that meets the producer's
4.26obligations on the producer's behalf.
4.27 (q) "Permanent year-round collection site" means a collection site that is open at least
4.2812 operating hours per week, 50 weeks each calendar year.
4.29 (r) "Producer" means, with respect to a covered product or other electrical product that
4.30is sold, including online sales; offered for sale or promotional purposes; or distributed in
4.31or into the state:
4Sec. 3.
REVISOR CKM/ES 25-0365602/10/25 5.1 (1) a person that manufactured:
5.2 (i) the covered product;
5.3 (ii) any component of the covered product if the component is also a covered product;
5.4or
5.5 (iii) the other electrical product;
5.6 (2) a person that imported into the United States:
5.7 (i) the covered product;
5.8 (ii) any component of the covered product if the component is also a covered product;
5.9or
5.10 (iii) the other electrical product; and
5.11 (3) a person that owns or controls or is licensed to use a brand under which the covered
5.12product or other electrical product is sold, including online sales; offered for sale or
5.13promotional purposes; or distributed in or into the state.
5.14 (s) "Responsible market" means a market for covered products and other electrical
5.15products, for reusable or repairable components of covered products and other electrical
5.16products, for reclaimed materials from covered products and other electrical products, or
5.17for any other recyclable residues from covered products and other electrical products that:
5.18 (1) reuses, recycles, or otherwise recovers materials and disposes of contaminants in a
5.19manner that protects the environment and minimizes risks to public health and worker health
5.20and safety;
5.21 (2) complies with all applicable federal, state, and local statutes, rules, ordinances, and
5.22other laws governing environmental, health, safety, and financial responsibility;
5.23 (3) possesses all licenses and permits required by a federal or state agency or political
5.24subdivision;
5.25 (4) if operating in the state, recycles covered products and other electrical products to
5.26the maximum extent practicable in accordance with section 115A.02, paragraph (b); and
5.27 (5) minimizes adverse impacts to environmental justice areas.
5.28 (t) "Stewardship organization" means a nonprofit organization as described in section
5.29501(c)(3) of the Internal Revenue Code that enters into a contract with producers to draft
5.30and submit a plan for, implement, and administer a stewardship program under sections
5.31115A.1331 to 115A.1347 on the producers' behalf.
5Sec. 3.
REVISOR CKM/ES 25-0365602/10/25 6.1 (u) "Stewardship plan" means a plan that is prepared according to section 115A.1335
6.2and submitted to the commissioner by a stewardship organization.
6.3 (v) "Stewardship program" means a system implemented by a stewardship organization
6.4that provides and pays for covered services and all other activities described in a stewardship
6.5plan approved by the commissioner under section 115A.1335, subdivision 4.
6.6 EFFECTIVE DATE.This section is effective the day following final enactment.
6.7 Sec. 4. [115A.1333] COVERED PRODUCTS REIMBURSEMENT BOARD.
6.8 Subdivision 1.Establishment.The Covered Products Reimbursement Board is
6.9established to recommend reimbursement rates to the commissioner. Except as provided in
6.10this section, chapter 15 does not apply to the board.
6.11 Subd. 2.Membership.(a) By January 1, 2026, the commissioner must appoint the initial
6.12membership of the Covered Products Reimbursement Board. Membership must consist of:
6.13 (1) two members representing household hazardous waste collection programs established
6.14under section 115A.96;
6.15 (2) two members representing collectors, according to paragraph (c); and
6.16 (3) four members representing and nominated by the stewardship organization.
6.17 (b) In making appointments under paragraph (a), the commissioner may not appoint
6.18persons who are:
6.19 (1) current or elected Minnesota state representatives or senators;
6.20 (2) required to register as lobbyists under section 10A.03; or
6.21 (3) employees of the agency.
6.22 (c) Initial appointments under paragraph (a), clause (2), must represent potential
6.23collectors. After January 1, 2027, whenever the terms of these members expire according
6.24to subdivision 3, the new appointments must represent collectors. Members appointed under
6.25paragraph (a), clause (2), must not represent household hazardous waste collection programs
6.26established under section 115A.96.
6.27 Subd. 3.Terms; removal.Members serve for a term of four years, except that one
6.28member appointed under subdivision 2, paragraph (a), clause (1); one member appointed
6.29under subdivision 2, paragraph (a), clause (2); and two members appointed under subdivision
6.302, paragraph (a), clause (3), must be appointed to serve an initial term of two years, so that
6Sec. 4.
REVISOR CKM/ES 25-0365602/10/25 7.1membership terms are staggered. Members may be reappointed to another term following
7.2the end of a term. The removal of members is governed by section 15.059, subdivision 4.
7.3 Subd. 4.Quorum; voting.Meetings of the board must have at least a quorum of
7.4members, consisting of six members. Recommendations of the board require the affirmative
7.5vote of at least five members.
7.6 Subd. 5.Administrative support; facilitator.(a) The commissioner must provide
7.7administrative support to the board. The commissioner must ensure that all activities of the
7.8board that require public notice, such as notice of meetings, agendas and materials related
7.9to agenda items, and minutes, are published on the agency's publicly accessible website.
7.10The commissioner must provide meeting space and public access for meetings conducted
7.11by telephone or interactive technology.
7.12 (b) The commissioner must contract for a professional facilitator for the board. The
7.13facilitator must schedule and chair the meetings of the board but is not a member for purposes
7.14of quorum or voting. The facilitator must ensure that all activities of the board that require
7.15public notice are timely provided to the commissioner for publication.
7.16 Subd. 6.Meetings.(a) The board must meet at least biannually and as necessary to meet
7.17the requirements of subdivisions 7 to 9. Meetings may be scheduled at the request of the
7.18facilitator or a majority of the members.
7.19 (b) The board must comply with the Open Meeting Law under chapter 13D.
7.20 Subd. 7.Recommendations for reimbursement rates.(a) By July 1, 2026, and annually
7.21thereafter, the board must submit to the commissioner a recommendation for reimbursement
7.22rates to collectors for the following calendar year.
7.23 (b) Recommended rates may be differentiated by any methods recommended by
7.24consensus of the board, such as local property lease or purchase costs, prevailing local
7.25wages, or other factors.
7.26 (c) Recommended rates must cover all costs of collecting covered products and other
7.27electrical products incurred by collectors, including at least:
7.28 (1) labor and overhead;
7.29 (2) covered services performed by a collector in accordance with section 115A.1337,
7.30subdivision 1, paragraph (b);
7.31 (3) necessary collection and storage structures and containers as provided in section
7.32115A.1347, subdivision 1, paragraph (d);
7Sec. 4.
REVISOR CKM/ES 25-0365602/10/25 8.1 (4) employee training;
8.2 (5) necessary safety equipment, including appropriate fire protection and suppression
8.3equipment and supplies; and
8.4 (6) any other costs determined necessary by the commissioner.
8.5 (b) In making determinations under paragraph (a), clause (6), the commissioner may
8.6consider data submitted according to section 115A.1337, subdivision 5; the volume of
8.7covered products collected; the estimated volume of covered products sold in or into the
8.8state; the estimated volume of covered products disposed of in the state; and other information
8.9related to the effectiveness of the stewardship program.
8.10 (c) The board must also consider any additional financial incentives necessary to induce
8.11collectors to join the stewardship program in locations that would otherwise not be served,
8.12so that the stewardship organization can meet or exceed the required convenience standards
8.13under section 115A.1335, subdivision 3.
8.14 Subd. 8.Review and approval of reimbursement rates.(a) Within 90 days after
8.15receiving a recommendation on reimbursement rates submitted under subdivision 7, the
8.16commissioner must review the recommendation and approve or reject the recommendation.
8.17 (b) In conducting a review of a recommendation, the commissioner may consult with
8.18interested parties.
8.19 (c) For at least 30 days and before approving a recommendation under this subdivision,
8.20the commissioner must post the recommendation on the agency's publicly accessible website
8.21for public review and comment.
8.22 (d) If the commissioner determines that a recommendation does not meet the requirements
8.23of this section, the commissioner must reject the recommendation. The commissioner must
8.24provide a written notice of determination describing the reasons for the rejection to the
8.25board. The board must meet as necessary to submit a revised recommendation to the
8.26commissioner.
8.27 (e) After consultation under paragraph (b) and review of public comments under
8.28paragraph (c), if the commissioner determines that a recommendation meets the requirements
8.29of this section, the commissioner may approve the recommendation. The commissioner
8.30must provide a written notice of approval to the board and to the stewardship organization.
8.31In the notice, the commissioner must specify the effective date of the approved reimbursement
8.32rates.
8Sec. 4.
REVISOR CKM/ES 25-0365602/10/25 9.1 (f) The stewardship organization must publish approved reimbursement rates on its
9.2publicly accessible website within 30 days after receiving the commissioner's written notice
9.3of approval. The commissioner may also publish the approved reimbursement rates on the
9.4agency's publicly accessible website.
9.5 Subd. 9.More-frequent rate changes.The board may, for good cause, submit a
9.6recommendation for reimbursement rates to the commissioner at less than an annual interval.
9.7The commissioner must review the recommendation according to subdivision 8. If the
9.8commissioner rejects the recommendation, then the previously approved reimbursement
9.9rates for that calendar year continue to be in effect.
9.10 EFFECTIVE DATE.This section is effective the day following final enactment.
9.11 Sec. 5. [115A.1335] STEWARDSHIP PLAN AND BUDGET.
9.12 Subdivision 1.Due date.By October 1, 2026, all producers must contract with a single
9.13stewardship organization to act on the producers' behalf. By that date, the stewardship
9.14organization must submit a single stewardship plan meeting the requirements of subdivision
9.152 to the commissioner to review for approval or rejection.
9.16 Subd. 2.Plan content; budget requirement.(a) The stewardship plan must include:
9.17 (1) identification of and contact information for the stewardship organization;
9.18 (2) identification of and contact information for all participants in the stewardship
9.19program;
9.20 (3) identification of and contact information for each collector; each person providing
9.21covered services for covered products or other electrical products, including any collector
9.22that will perform covered services other than collection; and each facility at which covered
9.23products and other electrical products will be managed under the stewardship plan;
9.24 (4) the address; county of location; and, in a form prescribed by the commissioner,
9.25geolocation data for each collection site to be used by the stewardship organization under
9.26the stewardship program;
9.27 (5) a list of the brands covered under the stewardship program;
9.28 (6) eligibility criteria for prospective collectors of covered products and other electrical
9.29products under the stewardship program according to section 115A.1337, subdivision 3,
9.30paragraph (c);
9.31 (7) a description of how the stewardship program will accept and provide covered services
9.32and reimbursement under this section to any household hazardous waste collection program
9Sec. 5.
REVISOR CKM/ES 25-0365602/10/25 10.1established under section 115A.96 in a manner that is equal to the services and reimbursement
10.2provided to all other collectors, if the operator of the household hazardous waste collection
10.3program requests covered services and reimbursement;
10.4 (8) a description of how the stewardship program will provide convenient, statewide
10.5collection according to subdivision 3;
10.6 (9) a description of how the stewardship organization will annually monitor and ensure
10.7continuing compliance with the convenience standards under subdivision 3;
10.8 (10) a description of how the stewardship organization will provide each collector served
10.9by the stewardship program with the materials specified in section 115A.1337, subdivision
10.101, including specifications for appropriate containers, signage templates, and a copy of all
10.11training and educational materials to be provided;
10.12 (11) a description of how collection sites will be accessible according to section
10.13115A.1337, subdivision 2;
10.14 (12) the performance standards for persons providing covered services for covered
10.15products and other electrical products on behalf of the stewardship organization and the
10.16oversight methods by which the stewardship organization will ensure continuing compliance
10.17with the performance standards. The performance standards must:
10.18 (i) meet the requirements of section 115A.1337, subdivision 3; and
10.19 (ii) ensure that covered products, other electrical products, and materials resulting from
10.20recycling of covered products and other electrical products are managed through responsible
10.21markets;
10.22 (13) a description of methods by which the stewardship organization will ensure that
10.23covered products and any other electrical products that are waste for which the stewardship
10.24organization is responsible are managed while in the state in compliance with rules adopted
10.25under section 116.07 for managing solid waste and hazardous waste and, when outside the
10.26state, with all federal, state, and local requirements applicable to managing solid waste and
10.27hazardous waste, as applicable;
10.28 (14) a description of methods by which the stewardship organization will ensure that
10.29covered products and any other electrical products for which the stewardship organization
10.30is responsible are managed in compliance with safety and health requirements for employees
10.31administered by the Department of Labor and Industry and with fire protection requirements
10.32administered by the Department of Public Safety while in the state and, when outside the
10Sec. 5.
REVISOR CKM/ES 25-0365602/10/25 11.1state, with all federal, state, and local requirements applicable to safety and health
11.2requirements for employees and fire protection requirements;
11.3 (15) a description of methods by which the stewardship organization will ensure that
11.4covered products and other electrical products for which the stewardship organization is
11.5responsible are transported in compliance with applicable regulations incorporated by
11.6reference under section 221.033 for transporting hazardous materials while in the state and,
11.7when outside the state, with all federal, state, and local requirements applicable to
11.8transportation of hazardous materials;
11.9 (16) a statement of indemnification by the stewardship organization to collectors for
11.10potential liability for improper downstream management of covered products and other
11.11electrical products or residual materials by providers of covered services contracted for by
11.12the stewardship organization and identified in the stewardship plan under clause (3);
11.13 (17) a description of how the stewardship organization will determine the mass of covered
11.14products and other electrical products for which it has provided covered services under the
11.15stewardship program by county of collection and, for covered batteries and covered products
11.16that have covered batteries contained within them or otherwise attached or connected to
11.17them, by battery chemistry;
11.18 (18) a description of the outreach and education methods and activities that the
11.19stewardship organization will provide according to section 115A.1337, subdivision 4;
11.20 (19) a description of how the stewardship organization will employ at least one full-time
11.21employee who is solely dedicated to implementing the stewardship program in this state
11.22and serving as the primary contact between the stewardship organization and the agency;
11.23 (20) a description of the system by which the stewardship organization will provide
11.24advance funding of or reimbursement to collectors in a manner that provides:
11.25 (i) a clear process for submitting and paying invoices;
11.26 (ii) reasonable timelines for reimbursement, at intervals no longer than monthly unless
11.27otherwise agreed to by the person providing covered services to be reimbursed; and
11.28 (iii) a third-party mediator to resolve disputes that arise between the stewardship
11.29organization and a person providing covered services regarding determining or paying
11.30reimbursements;
11.31 (21) identification of groups of producers, such as by industry, covered product and
11.32other electrical product type, or other method proposed by the stewardship organization,
11.33and the proposed allocation of stewardship program costs among the groups of producers,
11Sec. 5.
REVISOR CKM/ES 25-0365602/10/25 12.1such that the costs of managing covered products or other electrical products produced by
12.2a group of producers are not borne by other groups of producers;
12.3 (22) a description of how the stewardship organization will comply with subdivision 6,
12.4paragraph (b);
12.5 (23) a description of how the stewardship organization will assist producers in complying
12.6with the labeling requirements of section 115A.1347, subdivision 2, paragraph (a);
12.7 (24) a description of how the stewardship organization will ensure that covered products
12.8and other electrical products managed under the stewardship program are recycled to the
12.9maximum extent practicable in accordance with section 115A.02, paragraph (b);
12.10 (25) a description of how the stewardship organization will incentivize investment in
12.11processes, product design and material use, technology, and personnel training that could
12.12raise the future maximum extent practicable for recycling described in clause (24), including
12.13consideration of covered product reuse, repair, and product life cycle;
12.14 (26) a description of how the stewardship organization will annually report to the
12.15commissioner the number, type, and volume of covered products and other electrical products
12.16collected during each calendar year, specifying the categories of the covered products and
12.17other electrical products and the chemistries of the covered batteries collected;
12.18 (27) a description of how the stewardship organization will annually report to the
12.19commissioner the end management, through reuse, repair, reclamation, recycling, or disposal,
12.20of the covered products and other electrical products shipped from collection sites under
12.21the stewardship program during each calendar year; and
12.22 (28) a description of how the stewardship organization will take action to decrease the
12.23incidence of covered products in solid waste in the state according to section 115A.1337,
12.24subdivision 4, paragraph (c).
12.25 (b) By January 1, 2027, and by April 1 each year thereafter, the stewardship organization
12.26must submit an anticipated annual budget for the stewardship program, broken down into
12.27the stewardship program's estimated costs for administration, collection, sorting, storage,
12.28transportation, processing, refurbishment, repair, reuse, recycling, disposal, and
12.29communication costs, including the cost of fees under section 115A.1339 but not including
12.30costs for lobbying, costs associated with litigation against the state, or penalties imposed
12.31by the state. The budget is not subject to review and approval under subdivisions 4 and 5.
12Sec. 5.
REVISOR CKM/ES 25-0365602/10/25 13.1 Subd. 3.Convenience standards.(a) The stewardship plan must provide convenient,
13.2statewide collection for all covered products that are offered to collectors by a person in the
13.3state, regardless of:
13.4 (1) a covered product's brand;
13.5 (2) a covered battery's energy capacity or chemistry;
13.6 (3) whether the producer of a covered product is a participant in the stewardship program;
13.7or
13.8 (4) whether the brand of a covered product is covered under the stewardship program.
13.9 (b) The stewardship plan must meet the following convenience standards:
13.10 (1) for each county with a population of 10,000 or less, maintain at least two permanent
13.11year-round collection sites;
13.12 (2) for each county with a population greater than 10,000 but less than or equal to
13.13100,000, maintain at least two permanent year-round collection sites and at least one
13.14additional permanent year-round collection site for each additional 10,000 in population
13.15above a population of 10,000;
13.16 (3) for each county with a population greater than 100,000, maintain at least 11 permanent
13.17year-round collection sites and at least one additional permanent year-round collection site
13.18for each additional 50,000 in population above a population of 100,000;
13.19 (4) maintain a permanent year-round collection site located within ten miles of the
13.20household of at least 95 percent of the residents of the state; and
13.21 (5) any additional convenience standards that the commissioner determines are necessary
13.22to provide convenient, statewide collection for covered products.
13.23 (c) In making a determination under paragraph (b), clause (5), the commissioner may
13.24consider data submitted according to section 115A.1337, subdivision 5; the volume of
13.25covered products collected; the estimated volume of covered products sold in or into the
13.26state; the estimated volume of covered products disposed of in the state; and other information
13.27related to the effectiveness of the stewardship program.
13.28 Subd. 4.Review of stewardship plan; implementation.(a) Within 120 days after
13.29receiving a complete stewardship plan submitted under this section, the commissioner must
13.30determine whether the stewardship plan complies with the requirements of this section and
13.31will ensure that elements required by subdivision 2, paragraph (a), will be met to the
13Sec. 5.
REVISOR CKM/ES 25-0365602/10/25 14.1maximum extent practicable. The commissioner must provide a written notice of
14.2determination according to this subdivision.
14.3 (b) In conducting a review of a stewardship plan, the commissioner may consult with
14.4interested parties.
14.5 (c) For at least 30 days and before approving a stewardship plan, the commissioner must
14.6place the stewardship plan on the agency's publicly accessible website for public review
14.7and comment.
14.8 (d) If the commissioner determines that a stewardship plan fails to meet the requirements
14.9of this section or will not ensure that elements required by subdivision 2, paragraph (a), will
14.10be met to the maximum extent practicable, the commissioner must reject the stewardship
14.11plan. The commissioner must provide a written notice of determination to the stewardship
14.12organization describing the reasons for the rejection.
14.13 (e) After any consultation under paragraph (b) and review of public comments received
14.14under paragraph (c), if the commissioner determines that a stewardship plan meets the
14.15requirements of subdivision 2, the commissioner must approve the stewardship plan. The
14.16commissioner must provide a written notice of determination to the stewardship organization.
14.17 (f) The stewardship organization must publish its approved stewardship plan on its
14.18publicly accessible website within 30 days after receiving written notice of approval but is
14.19not required to publish nonpublic data as defined under chapter 13. The commissioner may
14.20publish the approved stewardship plan on the agency's publicly accessible website but must
14.21not publish nonpublic data.
14.22 (g) The stewardship organization must implement the stewardship plan approved by the
14.23commissioner, including any amendments to the stewardship plan that are approved by the
14.24commissioner according to subdivision 5, within 60 days after receiving written notice of
14.25approval.
14.26 (h) For each stewardship plan or amendment submitted to the commissioner for review,
14.27the commissioner may consider the data submitted according to section 115A.1337,
14.28subdivision 5, and other relevant information to establish requirements to improve the
14.29effectiveness, performance, and awareness of the stewardship program.
14.30 Subd. 5.Amending or terminating stewardship plan.(a) The stewardship organization
14.31may amend a stewardship plan approved under subdivision 4 without review or approval
14.32by the commissioner to make the changes specified in clauses (1) to (3). Within 30 days
14.33after adopting an amendment under this paragraph, the stewardship organization must report
14Sec. 5.
REVISOR CKM/ES 25-0365602/10/25 15.1the amendment to the commissioner and must publish the amended stewardship plan on the
15.2stewardship organization's publicly accessible website. The stewardship organization must
15.3implement amendments made to a stewardship plan under this paragraph within 60 days
15.4after adopting the amendment. The stewardship organization may:
15.5 (1) add, terminate, or replace a collector, collection site, person providing covered
15.6services, or facility at which covered services will be performed;
15.7 (2) add or remove participants or brands covered under the stewardship plan; or
15.8 (3) change contact staff or contact staff information for the stewardship organization,
15.9participants, collectors, persons transporting covered products or other electrical products,
15.10or facilities to be used for storage, processing, recycling, or disposal.
15.11 (b) Except for an amendment under paragraph (a), a proposed amendment to a
15.12stewardship plan approved under subdivision 4 must be submitted to and reviewed and
15.13approved by the commissioner before it may be implemented by the stewardship organization.
15.14The commissioner must review and approve or reject the proposed amendment according
15.15to subdivision 4.
15.16 (c) The stewardship organization with an approved stewardship plan must submit an
15.17amended stewardship plan for review at least every five years according to this subdivision
15.18and subdivision 4 if the stewardship organization has not during that time submitted
15.19amendments for review under paragraph (b).
15.20 (d) The stewardship organization may terminate a stewardship plan by providing at least
15.2190 days' written notice to the commissioner and to all participants in the stewardship program.
15.22Before the stewardship plan is terminated, each participant must meet the requirements of
15.23section 115A.1335, subdivision 1, by contracting with a new stewardship organization,
15.24which must submit and obtain the commissioner's approval for a stewardship plan.
15.25 (e) The commissioner may terminate a stewardship plan for good cause, such as
15.26significant noncompliance with this section; failure to ensure that covered products and
15.27other electrical products collected in the state are being managed in responsible markets
15.28and according to subdivision 2, paragraph (a), clauses (13) to (15); failure to timely submit
15.29a stewardship plan for review according to paragraph (c); or failure to pay fees assessed
15.30under section 115A.1339. If the commissioner terminates a stewardship plan, the
15.31commissioner must provide the stewardship organization with written notice of termination
15.32describing the good cause for termination. The commissioner must also notify all participants
15.33in the stewardship program in writing using the contact information for the participants
15.34provided in the stewardship plan.
15Sec. 5.
REVISOR CKM/ES 25-0365602/10/25 16.1 Subd. 6.Compliance.(a) The stewardship organization must comply with its stewardship
16.2plan approved by the commissioner, including any amendments to the stewardship plan
16.3that are made according to subdivision 5, paragraph (a) or (b).
16.4 (b) The stewardship organization must comply with the reimbursement rates approved
16.5by the commissioner.
16.6 (c) The stewardship organization must ensure that all costs of the stewardship program
16.7are fully paid for by producers as a whole, except for de minimis producers. All costs of
16.8the stewardship program must be allocated between groups of producers without any fee,
16.9charge, surcharge, or any other cost to:
16.10 (1) any member of the public;
16.11 (2) any business other than a producer;
16.12 (3) any collector;
16.13 (4) any person providing covered services;
16.14 (5) the state or any political subdivision;
16.15 (6) de minimis producers; or
16.16 (7) any other person who is not a producer.
16.17 EFFECTIVE DATE.This section is effective January 1, 2027.
16.18Sec. 6. [115A.1337] STEWARDSHIP ORGANIZATION DUTIES.
16.19 Subdivision 1.Duties to collectors.(a) The stewardship organization must provide the
16.20following to each collector:
16.21 (1) reimbursement at the rates approved by the commissioner;
16.22 (2) all covered services after the initial collection of covered products and other electrical
16.23products by the collector;
16.24 (3) containers as described in section 115A.1347, subdivision 1, paragraph (d);
16.25 (4) consistent signage identifying a collection site;
16.26 (5) training for collection site employees on identifying and safely handling and storing
16.27covered batteries and covered products that have covered batteries contained within them
16.28or otherwise attached or connected to them, including damaged, defective, or recalled
16.29batteries, also known as DDR batteries;
16Sec. 6.
REVISOR CKM/ES 25-0365602/10/25 17.1 (6) educational materials that address the information described in subdivision 4,
17.2paragraph (a), clause (3), for distribution to members of the public and businesses in
17.3Minnesota. The educational materials must be made available in English and at least the
17.4three most frequent languages spoken at home in the state other than English, according to
17.5the state demographer; and
17.6 (7) direction to an alternate collector whenever a collector determines and reports to the
17.7stewardship organization, according to section 115A.1341, subdivision 1, paragraph (d),
17.8that the collector cannot safely collect a covered product. The stewardship organization
17.9must ensure that the covered product is collected by another collector.
17.10 (b) The stewardship organization must allow a collector to perform covered services if
17.11the collector meets the performance standards in the stewardship plan under section
17.12115A.1335, subdivision 2, paragraph (a), clause (12), and the collector is identified in the
17.13stewardship plan as providing covered services other than collection according to section
17.14115A.1335, subdivision 2, paragraph (a), clause (3).
17.15 (c) For covered services provided under paragraph (b), the stewardship organization
17.16must reimburse the collector for the cost of the performed covered services according to
17.17section 115A.1335, subdivision 2, paragraph (a), clause (20).
17.18 (d) A collector may request the stewardship organization to add a person to provide
17.19covered services to the stewardship plan as an amendment under section 115A.1335,
17.20subdivision 5, paragraph (a), and the stewardship organization must consider the request if
17.21the person meets the performance standards in the stewardship plan.
17.22 Subd. 2.Accessibility.(a) The stewardship organization must provide convenient,
17.23equitable, and accessible service to all Minnesotans, including but not limited to people of
17.24color; Minnesota Tribal governments as defined in section 10.65, subdivision 2; those that
17.25are non-English speaking; immigrant and refugee communities; those with limited access
17.26to transportation; and those in environmental justice areas.
17.27 (b) The stewardship program must include collection opportunities beyond those required
17.28under section 115A.1335, subdivision 3, to better serve populations under paragraph (a),
17.29such as individual pickup from households and temporary events to provide enhanced
17.30collection availability.
17.31 (c) Where feasible, the stewardship organization must encourage establishing collection
17.32sites in proximity to local public transit.
17Sec. 6.
REVISOR CKM/ES 25-0365602/10/25 18.1 Subd. 3.Oversight; collector eligibility.(a) The stewardship organization must ensure
18.2that:
18.3 (1) covered products and other electrical products managed under the stewardship
18.4program are recycled to the maximum extent practicable in accordance with section 115A.02,
18.5paragraph (b); and
18.6 (2) residual materials are managed in compliance with applicable hazardous waste or
18.7solid waste requirements by:
18.8 (i) each person transporting covered products or other electrical products; and
18.9 (ii) each facility listed in the stewardship plan at which storage, processing, recycling,
18.10or disposal of covered products and other electrical products is performed.
18.11 (b) To ensure that covered products and other electrical products are managed to the
18.12maximum extent practicable in accordance with section 115A.02, paragraph (b), the
18.13commissioner may require performance standards and oversight methods in lieu of or in
18.14addition to the performance standards and oversight methods used by a stewardship
18.15organization under paragraph (a) and section 115A.1335, subdivision 2, paragraph (a),
18.16clause (12), for persons providing covered services for covered products and other electrical
18.17products. The commissioner may consider data submitted under subdivision 5; the availability
18.18and feasibility of technology, processes, and methods for managing covered products and
18.19other electrical products; and other information related to the effectiveness of the stewardship
18.20program.
18.21 (c) The stewardship organization must allow any person meeting the eligibility criteria
18.22to serve as a collector. Except for a household hazardous waste collection program established
18.23under section 115A.96, a stewardship organization may terminate a collector and cease
18.24payment to the collector for good cause. Except as provided for in section 115A.1341,
18.25subdivision 2, the eligibility criteria must include agreement by collectors to accept covered
18.26products of any brand, any physical size, and, in the case of covered batteries and covered
18.27products that have covered batteries contained within them or otherwise attached or connected
18.28to them, any energy capacity or chemistry.
18.29 Subd. 4.Stewardship program effectiveness.(a) To support the effectiveness of the
18.30stewardship program, the stewardship organization must provide outreach and education
18.31to:
18Sec. 6.
REVISOR CKM/ES 25-0365602/10/25 19.1 (1) persons that might sell, offer for sale or promotional purposes, or distribute covered
19.2products or other electrical products in or into the state, to inform the persons of the
19.3requirements of section 115A.1347, subdivision 2;
19.4 (2) potential collectors and persons who are collecting covered products before the
19.5effective date of this section to inform the collectors how to request coverage by the
19.6stewardship program; and
19.7 (3) members of the public to raise awareness of:
19.8 (i) public health and safety and environmental risks caused by improperly charging,
19.9storing, and disposing of covered batteries and covered products that have covered batteries
19.10contained within them or otherwise attached or connected to them;
19.11 (ii) public health and environmental risks caused by improperly disposing of covered
19.12products;
19.13 (iii) methods to safely charge and store covered batteries and covered products that have
19.14covered batteries contained within them or otherwise attached or connected to them;
19.15 (iv) the benefits of repairing, reusing, and recycling covered products and other electrical
19.16products in contrast to disposal; and
19.17 (v) the existence of the stewardship program and the ability to recycle covered products
19.18and other electrical products at no cost, including the location and convenience of collection
19.19sites in the state.
19.20 (b) The stewardship organization must maintain a publicly accessible website to locate
19.21collection sites through map-based and text-based searches.
19.22 (c) The stewardship organization must, in addition to the requirements of paragraphs
19.23(a) and (b), take action to decrease the incidence of covered products in solid waste generated
19.24in the state as soon as practicable and to the maximum extent achievable. The commissioner
19.25may determine the effectiveness of the stewardship program using information from waste
19.26composition studies conducted under section 115A.412 and other information available to
19.27the commissioner and may require the stewardship organization to submit information and
19.28implement actions to decrease the incidence of covered products in solid waste in accordance
19.29with section 115A.1335, subdivision 2, paragraph (a), clause (28).
19.30 Subd. 5.Reporting.(a) The stewardship organization must report an amendment to the
19.31stewardship plan made under section 115A.1335, subdivision 5, paragraph (a), to the
19.32commissioner within 30 days after making the amendment.
19Sec. 6.
REVISOR CKM/ES 25-0365602/10/25 20.1 (b) By April 1 each year, the stewardship organization must report to the commissioner,
20.2in a form and manner prescribed by the commissioner, on the stewardship organization's
20.3activities during the preceding calendar year. The stewardship organization must also submit
20.4a copy of the report to the board. The report must include:
20.5 (1) the address, county of location, and geolocation data for each collection site used by
20.6the stewardship organization under the stewardship program during the preceding calendar
20.7year;
20.8 (2) the number, type, and volume of covered products and other electrical products
20.9collected during each calendar year, specifying the categories of the covered products and
20.10other electrical products and the chemistries of the covered batteries collected, in accordance
20.11with section 115A.1335, subdivision 2, paragraph (a), clause (26);
20.12 (3) the end management, through reuse, repair, reclamation, recycling, or disposal, of
20.13the covered products and other electrical products shipped from collection sites under the
20.14stewardship program, in accordance with section 115A.1335, subdivision 2, paragraph (a),
20.15clause (27);
20.16 (4) the results of the oversight according to section 115A.1335, subdivision 2, paragraph
20.17(a), clause (12), verifying that the performance standards were met by each of the persons
20.18providing covered services;
20.19 (5) a description of outreach and education activities performed by the stewardship
20.20organization during the preceding calendar year according to subdivision 4;
20.21 (6) a financial report on the stewardship program, including actual costs and funding
20.22compared to the budget for the year submitted under section 115A.1335, subdivision 2,
20.23paragraph (b). The financial report must include an audit report of the stewardship program
20.24by an independent auditor. The independent auditor must be selected by the stewardship
20.25organization and approved or rejected by the commissioner. If the commissioner rejects an
20.26independent auditor, the stewardship organization must select a different independent auditor
20.27for approval or rejection by the commissioner. The independent audit must meet the
20.28requirements of Accounting Standards Update 2018-08, Not-for-Profit Entities (Topic 958),
20.29Financial Accounting Standards Board, as amended;
20.30 (7) the proposed and actual budget for the year in which the report is submitted; and
20.31 (8) starting on the second April after the stewardship organization's first stewardship
20.32plan is approved by the commissioner, and then every third year thereafter, a performance
20.33audit of the stewardship program. The performance audit must conform to audit standards
20Sec. 6.
REVISOR CKM/ES 25-0365602/10/25 21.1established by the United States Government Accountability Office; the National Association
21.2of State Auditors, Comptrollers and Treasurers; or another nationally recognized organization
21.3approved by the commissioner.
21.4 EFFECTIVE DATE.This section is effective January 1, 2027.
21.5 Sec. 7. [115A.1339] FEES.
21.6 Subdivision 1.Annual fees.(a) By January 1, 2027, and by July 1 each year thereafter,
21.7the commissioner must calculate the sum of all costs that the agency incurs under sections
21.8115A.1331 to 115A.1347, exclusive of recovery and management of covered products under
21.9subdivision 2. The sum calculated for the period preceding January 1, 2027, must include
21.10the agency's costs from enacting sections 115A.1331 to 115A.1347. For the purposes of
21.11this paragraph, costs of the board are considered costs incurred by the agency.
21.12 (b) Notwithstanding section 16A.1283, the commissioner must assess an annual
21.13administrative fee at an amount that is adequate to reimburse the agency's sum costs of
21.14administering sections 115A.1331 to 115A.1347. The stewardship organization must pay
21.15the assessed annual administrative fee by the due date set by the commissioner.
21.16 Subd. 2.Recovery and proper management fees.(a) When the commissioner intends
21.17to spend money for the recovery and proper management of covered products under section
21.18115A.1343, subdivision 1, notwithstanding section 16A.1283, the commissioner must assess
21.19the estimated cost of recovery and proper management of covered products to the stewardship
21.20organization.
21.21 (b) The cost under paragraph (a) must not include any subsequent remediation of the
21.22real properties where the covered products are located nor the cost of any environmental
21.23assessment of the properties to determine appropriate subsequent remediation under other
21.24law. Such costs must not be paid from any funds assessed, collected, or appropriated under
21.25this section. The stewardship organization must pay the assessed recovery and management
21.26fee by the due date set by the commissioner.
21.27 (c) If, after the covered products have been recovered and properly managed, the actual
21.28cost of recovery and proper management of the recovered products is less than the fee paid
21.29by the stewardship organization, the commissioner must refund the excess payment. If the
21.30cost of recovery and proper management exceeds the fee paid by the stewardship
21.31organization, the commissioner must assess the stewardship organization for the deficit.
21.32The stewardship organization must pay the assessed recovery and management fee deficit
21.33by the due date set by the commissioner.
21Sec. 7.
REVISOR CKM/ES 25-0365602/10/25 22.1 Subd. 3.Disposition of fees.The total amount of net fees collected under this section
22.2must not exceed the amount necessary to reimburse agency costs as calculated under
22.3subdivisions 1 and 2. All fees received under subdivisions 1 and 2 must be deposited in the
22.4state treasury and credited to a product stewardship account in the special revenue fund.
22.5The amount collected under this section is annually appropriated to the commissioner to
22.6implement and enforce sections 115A.1331 to 115A.1347.
22.7 EFFECTIVE DATE.This section is effective January 1, 2027.
22.8 Sec. 8. [115A.1341] COLLECTOR DUTIES.
22.9 Subdivision 1.Accepting covered products.(a) A collector must accept at least ten
22.10covered products from a person daily without imposing a fee, charge, surcharge, or other
22.11cost to any person other than the stewardship organization. A collector may voluntarily
22.12agree to accept any number of additional covered products daily from a person but may not
22.13impose a fee, charge, surcharge, or other cost to any person other than the stewardship
22.14organization to do so.
22.15 (b) A collector must accept from a person any covered product of any brand, any physical
22.16size, and, in the case of covered batteries and covered products that have covered batteries
22.17contained within them or otherwise attached or connected to them, any energy capacity or
22.18chemistry, unless the collector determines a specific covered product cannot be safely
22.19collected by the collector at a specific collection site at a specific time.
22.20 (c) Notwithstanding paragraph (a), a household hazardous waste collection program
22.21established under section 115A.96 may limit the persons from which the collection program
22.22accepts covered products and may limit the number of covered products the collection
22.23program will accept daily from a person. A household hazardous waste collection program
22.24established under section 115A.96 is not subject to paragraph (b). However, the stewardship
22.25organization may not include the household hazardous waste collection program when
22.26demonstrating compliance with the convenience standards of section 115A.1335, subdivision
22.273, unless the household hazardous waste collection program voluntarily agrees in writing
22.28with the stewardship organization to comply with both paragraphs (a) and (b).
22.29 (d) A collector that determines that it cannot safely accept a specific covered product
22.30must document the reason for not accepting the covered product and immediately notify
22.31the stewardship organization of the nonacceptance in order to allow the stewardship
22.32organization to arrange for alternate collection of the covered product under section
22.33115A.1337, subdivision 1, paragraph (a), clause (7).
22Sec. 8.
REVISOR CKM/ES 25-0365602/10/25 23.1 Subd. 2.Accepting other electrical products.A collector may accept other electrical
23.2products from a person. If a collector accepts other electrical products, the collector may
23.3not impose a fee, charge, surcharge, or other cost to any person other than the stewardship
23.4organization.
23.5 Subd. 3.Storing accepted products.A collector must manage and store all accepted
23.6covered products and other electrical products safely and in compliance with section
23.7115A.1347, subdivision 1, paragraphs (c) and (d).
23.8 Subd. 4.Training.A collector must ensure and document that training is provided for
23.9collection site employees on identifying and safely handling and storing covered batteries
23.10and covered products that have covered batteries contained within them or otherwise attached
23.11or connected to them, including damaged, defective, or recalled batteries, also known as
23.12DDR batteries. The collector may provide the training or may receive training from the
23.13stewardship organization or the stewardship organization's representative.
23.14 Subd. 5.Recordkeeping.A collector must maintain the following records for at least
23.15three years and make them available to the commissioner for inspection:
23.16 (1) records of covered products and other electrical products accepted at a collection
23.17site;
23.18 (2) records of covered products and other electrical products shipped from a collection
23.19site; and
23.20 (3) documentation of employee training. The three-year record retention period for
23.21employee documentation begins on the day following the last day the employee worked for
23.22the collector.
23.23 EFFECTIVE DATE.This section is effective January 1, 2027.
23.24Sec. 9. [115A.1343] COVERED PRODUCTS RECOVERY AND PROPER
23.25MANAGEMENT .
23.26 Subdivision 1.Recovery and proper management.(a) In addition to any authority
23.27granted by other law and without limiting that authority, whenever the commissioner
23.28determines that covered products have been abandoned, improperly disposed of, or stored
23.29on real property within the state in a manner not in compliance with sections 115A.1331 to
23.30115A.1347 or with applicable rules adopted under section 116.07, subdivision 2, paragraph
23.31(d), or 4, paragraph (g), the commissioner may issue an order under section 115.071,
23.32subdivision 5; 116.07, subdivision 9; or 116.072, subdivision 1, requiring a person responsible
23.33for the abandonment, improper disposal, or noncompliant storage of the covered products
23Sec. 9.
REVISOR CKM/ES 25-0365602/10/25 24.1to recover and properly manage the covered products according to sections 115A.1331 to
24.2115A.1347 and applicable rules. An order under this paragraph must notify the person of
24.3the provisions of this subdivision.
24.4 (b) If a person that receives an order under paragraph (a) fails to complete the ordered
24.5actions to recover and properly manage the covered products within the time specified in
24.6the order, then after that time or upon expiration of the appeal period for the order, whichever
24.7is later, the commissioner must notify the stewardship organization in writing of:
24.8 (1) the commissioner's determination that the covered products have been abandoned,
24.9improperly disposed of, or stored in a noncompliant manner;
24.10 (2) the name of the person that was issued the order under paragraph (a) and the location
24.11of the covered products;
24.12 (3) the actions required to recover and properly manage the covered products; and
24.13 (4) the amount of time that the stewardship organization may attempt to complete the
24.14actions to recover and properly manage the covered products on behalf of the person.
24.15 (c) If the stewardship organization intends to recover and properly manage the covered
24.16products, the stewardship organization must notify the commissioner of its intent and submit
24.17a plan to recover and properly manage the covered products to the commissioner. The
24.18stewardship organization must comply with its submitted recovery and management plan.
24.19 (d) If, after the period specified in paragraph (b), the ordered actions to recover and
24.20properly manage the covered products have not been completed, or upon earlier notice from
24.21the stewardship organization that it does not intend to take the actions, the commissioner
24.22may recover and properly manage the covered products. The commissioner must estimate
24.23the cost for a person contracted to the agency to perform the recovery and management.
24.24The commissioner must assess the estimated cost to the stewardship organization according
24.25to section 115A.1339, subdivision 2. After the stewardship organization pays the assessed
24.26fee, the commissioner may recover and properly manage the covered products. Money
24.27appropriated to the commissioner from the product stewardship account may be spent by
24.28the commissioner to recover and properly manage the covered products.
24.29 (e) In addition to the authority to enter upon any public or private property for the purpose
24.30of obtaining information or conducting surveys or investigations under section 115A.06,
24.31the commissioner or any designee or agent may enter upon the property to recover covered
24.32products when acting under this subdivision.
24Sec. 9.
REVISOR CKM/ES 25-0365602/10/25 25.1 Subd. 2.Limited private right of action for recovery and proper management.(a)
25.2The stewardship organization that recovers and properly manages covered products under
25.3subdivision 1, paragraph (c), may maintain a civil action against a person issued an order
25.4to recover and properly manage those covered products under subdivision 1, paragraph (a).
25.5The stewardship organization is entitled to damages under this paragraph of twice its actual
25.6cost of recovery and proper management of the covered products. Additional amounts
25.7recoverable under this paragraph include an award of reasonable attorney fees and costs.
25.8 (b) When the stewardship organization is assessed and pays the cost to recover and
25.9properly manage covered products under subdivision 1, paragraph (d), and section
25.10115A.1339, subdivision 2, the stewardship organization may maintain a civil action against
25.11a person issued an order to recover and properly manage those covered products under
25.12subdivision 1, paragraph (a). The stewardship organization is entitled to damages under this
25.13paragraph equal to the cost of recovery and proper management of covered products assessed
25.14by the commissioner to the stewardship organization. Additional amounts recoverable under
25.15this paragraph include an award of reasonable attorney fees and costs.
25.16 (c) The commissioner may not be a party to or be required to provide assistance or
25.17otherwise participate in a civil action authorized under this subdivision unless subject to a
25.18subpoena before a court of jurisdiction.
25.19 EFFECTIVE DATE.This section is effective January 1, 2027.
25.20Sec. 10. [115A.1345] OTHER AUTHORITIES AND DUTIES.
25.21 Subdivision 1.Limited private right of action against producers.(a) Except as
25.22provided in paragraph (d), the stewardship organization may maintain a civil action against
25.23one or more producers, except a de minimis producer, to recover a portion of the stewardship
25.24organization's costs and additional amounts according to this subdivision.
25.25 (b) Damages recoverable under this subdivision may not exceed a fair share of the actual
25.26costs incurred by the plaintiff stewardship organization in managing covered products or
25.27other electrical products of a defendant producer subject to section 115A.1347, subdivision
25.282, paragraph (b). Additional amounts recoverable under this subdivision include an award
25.29of reasonable attorney fees and costs. If a defendant producer did not participate in the
25.30stewardship program established under sections 115A.1331 to 115A.1347 during the period
25.31in which covered products or other electrical products of the defendant producer were
25.32managed by the plaintiff stewardship organization, a punitive sum of up to three times the
25.33damages awarded may be assessed.
25Sec. 10.
REVISOR CKM/ES 25-0365602/10/25 26.1 (c) A plaintiff stewardship organization may establish a defendant producer's fair share
26.2of the plaintiff's actual costs by providing the court with information establishing the process
26.3by which the defendant producer's share of stewardship program costs would have been
26.4allocated had the defendant producer been a participant in the program and paid its allocated
26.5share. The plaintiff stewardship organization may use data from producers similar in covered
26.6product, financial status, or market share to the defendant producer to provide the information.
26.7 (d) An action may not be commenced under this subdivision against a potential defendant
26.8producer until 60 days after the plaintiff stewardship organization provides to all potential
26.9defendants a written notice of the claim setting forth the amount of the claim and the basis
26.10for the calculation of the amount.
26.11 (e) No action may be brought under this subdivision against a person other than a
26.12producer.
26.13 (f) The commissioner may not be a party to or be required to provide assistance or
26.14otherwise participate in a civil action authorized under this subdivision unless subject to a
26.15subpoena before a court of jurisdiction.
26.16 Subd. 2.Conduct authorized.A producer or stewardship organization that organizes
26.17covered services for covered products or other electrical products under sections 115A.1331
26.18to 115A.1347 is immune from liability for the conduct under state laws relating to antitrust,
26.19restraint of trade, unfair trade practices, and other regulation of trade or commerce only to
26.20the extent that the conduct is necessary to plan and implement the producer's or stewardship
26.21organization's chosen system.
26.22 Subd. 3.Duty to provide information.Upon request of the commissioner for purposes
26.23of implementing sections 115A.1331 to 115A.1347, a person must furnish to the
26.24commissioner any information that the person has or may reasonably obtain.
26.25 Subd. 4.Contracts.(a) Any person awarded a contract under chapter 16C for purchase
26.26or lease of covered products or other electrical products that is found to be in violation of
26.27sections 115A.1331 to 115A.1347 is subject to the following sanctions:
26.28 (1) the contract must be voided if the commissioner of administration determines that
26.29the potential adverse impact to the state is exceeded by the benefit obtained from voiding
26.30the contract; and
26.31 (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part
26.321230.1150.
26Sec. 10.
REVISOR CKM/ES 25-0365602/10/25 27.1 (b) If the attorney general establishes that any money, property, or benefit was obtained
27.2by a contractor as a result of violating sections 115A.1331 to 115A.1347, the court may, in
27.3addition to any other remedy, order the disgorgement of the unlawfully obtained money,
27.4property, or benefit.
27.5 Subd. 5.Multistate implementation.The commissioner may participate in establishing
27.6a regional multistate organization or compact to assist in carrying out the requirements of
27.7sections 115A.1331 to 115A.1347.
27.8 Subd. 6.Rules.The commissioner may adopt rules to implement sections 115A.1331
27.9to 115A.1347. The 18-month time limit under section 14.125 does not apply to rulemaking
27.10under this subdivision.
27.11 EFFECTIVE DATE.This section is effective January 1, 2027.
27.12Sec. 11. [115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING;
27.13COVERED PRODUCT SALES RESTRICTION.
27.14 Subdivision 1.Disposal prohibition.(a) A person may not place a covered product
27.15into:
27.16 (1) solid waste; or
27.17 (2) a recycling container that a collector has not clearly marked for use for collecting
27.18covered products.
27.19 (b) A person must manage a covered product that is discarded by delivering the covered
27.20product to a collection site or to a recycling facility for covered products.
27.21 (c) Until recycled, covered products are not exempt from any applicable rules adopted
27.22under section 116.07 for managing hazardous waste.
27.23 (d) Covered batteries and covered products that have covered batteries contained within
27.24them or otherwise attached or connected to them must be stored in containers that are:
27.25 (1) designed, constructed, and used in a manner to suppress battery fires in the container
27.26or to prevent ignition of materials outside the container; and
27.27 (2) held in structures compliant with the local fire code.
27.28 Subd. 2.Labeling and sale; requirements.(a) A person may not sell, including online
27.29sales; offer for sale or promotional purposes; distribute in or into the state; or facilitate a
27.30sale of a covered battery or covered product that has a covered battery contained within it
27.31or otherwise attached or connected to it unless the covered battery and covered product is
27Sec. 11.
REVISOR CKM/ES 25-0365602/10/25 28.1labeled to identify the chemistry employed to store energy in the battery. Labeling under
28.2this paragraph must be permanently marked on or affixed to the covered battery and covered
28.3product and must use language or graphics sufficient to facilitate awareness by members
28.4of the public of the battery chemistry employed. The commissioner may, by rule adopted
28.5under section 115A.1345, subdivision 6, specify the manner of labeling.
28.6 (b) A person may not sell, including online sales; offer for sale or promotional purposes;
28.7distribute in or into the state; or facilitate a sale of a covered product or other electrical
28.8product unless the producer of the covered product or other electrical product is named as
28.9a participant in a stewardship plan published under section 115A.1335, subdivision 4,
28.10paragraph (f), or the brand is named as covered in a stewardship plan published under section
28.11115A.1335, subdivision 4, paragraph (f), and the stewardship plan has not been terminated
28.12under section 115A.1335, subdivision 5.
28.13 (c) This subdivision does not apply to isolated and occasional sales of a covered product
28.14or other electrical product that are not made in the normal course of business, as exempted
28.15from sales tax under section 297A.67, subdivision 23.
28.16 (d) This subdivision does not apply to sales, including online sales; offers for sale or
28.17promotional purposes; distribution; or facilitation of a sale of a used covered product or
28.18used other electrical product.
28.19 EFFECTIVE DATE.This section is effective January 1, 2027.
28.20Sec. 12. Minnesota Statutes 2024, section 115A.554, is amended to read:
28.21 115A.554 AUTHORITY OF SANITARY DISTRICTS.
28.22 A sanitary district has the authorities and duties of counties within the district's boundary
28.23for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551;
28.24115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961;
28.25116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07; 400.08; 400.16; and 400.161.
28.26 EFFECTIVE DATE.This section is effective January 1, 2027.
28.27Sec. 13. Minnesota Statutes 2024, section 116.92, subdivision 6, is amended to read:
28.28 Subd. 6.Mercury thermometers prohibited.(a) A manufacturer, wholesaler, or retailer
28.29may not sell or distribute at no cost a thermometer containing mercury that was manufactured
28.30after June 1, 2001.
28Sec. 13.
REVISOR CKM/ES 25-0365602/10/25 29.1 (b) Paragraph (a) does not apply to an electronic thermometer with a battery containing
29.2mercury if the battery is in compliance with section 325E.125 subdivision 8l.
29.3 (c) A manufacturer is in compliance with this subdivision if the manufacturer:
29.4 (1) has received an exclusion or exemption from a state that is a member of the Interstate
29.5Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no
29.6alternative is available or for an application when no feasible alternative is available;
29.7 (2) submits a copy of the approved exclusion or exemption to the commissioner; and
29.8 (3) meets all of the requirements in the approved exclusion or exemption for the
29.9manufacturer's activities within the state.
29.10 EFFECTIVE DATE.This section is effective January 1, 2027.
29.11Sec. 14. Minnesota Statutes 2024, section 116.92, is amended by adding a subdivision to
29.12read:
29.13 Subd. 8l.Ban; mercury in batteries.A person may not sell, offer for sale, or distribute
29.14in or into the state:
29.15 (1) an alkaline manganese battery that contains mercury that is not a button cell
29.16nonrechargeable battery;
29.17 (2) a nonrechargeable button cell battery that contains more than 25 milligrams of
29.18mercury; or
29.19 (3) a dry cell battery containing a mercuric oxide electrode.
29.20 EFFECTIVE DATE.This section is effective January 1, 2027.
29.21Sec. 15. REPEALER.
29.22 Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
29.2311, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, and 20; 115A.1312; 115A.1314; 115A.1316;
29.24115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328;
29.25115A.1330; 115A.9155; 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, and 9; 115A.961,
29.26subdivisions 1, 2, and 3; 325E.125; and 325E.1251, are repealed.
29.27 EFFECTIVE DATE.This section is effective January 1, 2027.
29Sec. 15.
REVISOR CKM/ES 25-0365602/10/25 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.
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APPENDIX
Repealed Minnesota Statutes: 25-03656 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: 25-03656 (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.
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APPENDIX
Repealed Minnesota Statutes: 25-03656 (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: 25-03656 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: 25-03656 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.
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Repealed Minnesota Statutes: 25-03656 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.
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Repealed Minnesota Statutes: 25-03656 (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
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Repealed Minnesota Statutes: 25-03656 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.9155 DISPOSING OF CERTAIN DRY CELL BATTERIES.
Subdivision 1.Prohibition.A person may not place in mixed municipal solid waste a dry cell
battery containing mercuric oxide electrode, silver oxide electrode, nickel-cadmium, or sealed
lead-acid that was purchased for use or used by a government agency, or an industrial,
communications, or medical facility.
Subd. 2.Manufacturer responsibility.(a) A manufacturer of batteries subject to subdivision
1 shall:
(1) ensure that a system for the proper collection, transportation, and processing of waste batteries
exists for purchasers in Minnesota; and
(2) clearly inform each final purchaser of the prohibition on disposal of waste batteries and of
the system or systems for proper collection, transportation, and processing of waste batteries available
to the purchaser.
(b) To ensure that a system for the proper collection, transportation, and processing of waste
batteries exists, a manufacturer shall:
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Repealed Minnesota Statutes: 25-03656 (1) identify collectors, transporters, and processors for the waste batteries and contract or
otherwise expressly agree with a person or persons for the proper collection, transportation, and
processing of the waste batteries; or
(2) accept waste batteries returned to its manufacturing facility.
(c) At the time of sale of a battery subject to subdivision 1, a manufacturer shall provide in a
clear and conspicuous manner a telephone number that the final consumer of the battery can call
to obtain information on specific procedures to follow in returning the battery for recycling or
proper disposal. The manufacturer may include the telephone number and notice of return procedures
on an invoice or other transaction document held by the purchaser. The manufacturer shall provide
the telephone number to the commissioner of the agency.
(d) A manufacturer shall ensure that the cost of proper collection, transportation, and processing
of the waste batteries is included in the sales transaction or agreement between the manufacturer
and any purchaser.
(e) A manufacturer that has complied with this subdivision is not liable under subdivision 1 for
improper disposal by a person other than the manufacturer of waste batteries.
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.
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. 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. 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. 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.
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Repealed Minnesota Statutes: 25-03656 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.
115A.961 HOUSEHOLD BATTERIES; COLLECTION, PROCESSING, AND DISPOSAL.
Subdivision 1.Definition.For the purposes of this section, "household batteries" means
disposable or rechargeable dry cells commonly used as power sources for household or consumer
products including, but not limited to, nickel-cadmium, alkaline, mercuric oxide, silver oxide, zinc
oxide, lithium, and carbon-zinc batteries, but excluding lead acid batteries.
Subd. 2.Program.(a) The commissioner, in consultation with other state agencies, political
subdivisions, and representatives of the household battery industry, may develop household battery
programs. The commissioner must coordinate the programs with the Legislative-Citizen Commission
on Minnesota Resources study on batteries.
(b) The commissioner shall investigate options and develop guidelines for collection, processing,
and disposal of household batteries. The options the commissioner may investigate include:
(1) establishing a grant program for counties to plan and implement household battery collection,
processing, and disposal projects;
(2) establishing collection and transportation systems;
(3) developing and disseminating educational materials regarding environmentally sound battery
management; and
(4) developing markets for materials recovered from the batteries.
(c) The commissioner may also distribute funds to political subdivisions to develop battery
management plans and implement those plans.
Subd. 3.Participation.A political subdivision, on its own or in cooperation with others, may
implement a program to collect, process, or dispose of household batteries. A political subdivision
may provide financial incentives to any person, including public or private civic groups, to collect
the batteries.
325E.125 GENERAL AND SPECIAL PURPOSE BATTERY REQUIREMENTS.
Subdivision 1.Labeling.(a) The manufacturer of a button cell battery that is to be sold in this
state shall ensure that each battery contains no intentionally introduced mercury or is labeled to
clearly identify for the final consumer of the battery the type of electrode used in the battery.
(b) The manufacturer of a rechargeable battery that is to be sold in this state shall ensure that
each rechargeable battery is labeled to clearly identify for the final consumer of the battery the type
of electrode and the name of the manufacturer. The manufacturer of a rechargeable battery shall
also provide clear instructions for properly recharging the battery.
Subd. 2.Mercury content.(a) Except as provided in paragraph (c), a manufacturer may not
sell, distribute, or offer for sale in this state an alkaline manganese battery that contains more than
0.025 percent mercury by weight.
(b) On application, the commissioner of the Pollution Control Agency may exempt a specific
type of battery from the requirements of paragraph (a) or (d) if there is no battery meeting the
requirements that can be reasonably substituted for the battery for which the exemption is sought.
A battery exempted by the commissioner under this paragraph is subject to the requirements of
section 115A.9155, subdivision 2.
(c) Notwithstanding paragraph (a), a manufacturer may not sell, distribute, or offer for sale in
this state a button cell nonrechargeable battery not subject to paragraph (a) that contains more than
25 milligrams of mercury.
(d) A manufacturer may not sell, distribute, or offer for sale in this state a dry cell battery
containing a mercuric oxide electrode.
(e) After January 1, 1996, a manufacturer may not sell, distribute, or offer for sale in this state
an alkaline manganese battery, except an alkaline manganese button cell, that contains mercury
unless the commissioner of the Pollution Control Agency determines that compliance with this
requirement is not technically and commercially feasible.
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Repealed Minnesota Statutes: 25-03656 Subd. 2a.Approval of new batteries.A manufacturer may not sell, distribute, or offer for sale
in this state a nonrechargeable battery other than a zinc air, zinc carbon, silver oxide, lithium, or
alkaline manganese battery, without first having received approval of the battery from the
commissioner of the Pollution Control Agency. The commissioner shall approve only batteries that
comply with subdivision 1 and do not pose an undue hazard when disposed of. This subdivision is
intended to ensure that new types of batteries do not add additional hazardous or toxic materials to
the state's mixed municipal waste stream.
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.
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.
325E.1251 PENALTY ENFORCEMENT .
Subdivision 1.Penalty.Violation of section 325E.125 is a misdemeanor. A manufacturer who
violates section 325E.125 is also subject to a minimum fine of $100 per violation.
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Repealed Minnesota Statutes: 25-03656 Subd. 2.Recovery of costs.Section 325E.125 may be enforced under section 115.071. In an
enforcement action under this section in which the state prevails, the state may recover reasonable
administrative expenses, court costs, and attorney fees incurred to take the enforcement action, in
an amount to be determined by the court.
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Repealed Minnesota Statutes: 25-03656