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HF4997 • 2026
Safe Battery Collection and Recycling Stewardship Act enacted, covered electronics device manufacturer electronic waste recycling program established, Electronics Recycling Advisory Task Force established, civil penalties created, and money appropriated.
Safe Battery Collection and Recycling Stewardship Act enacted, covered electronics device manufacturer electronic waste recycling program established, Electronics Recycling Advisory Task Force established, civil penalties created, and money appropriated.
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-04-16
House
Introduction and first reading, referred to Environment and Natural Resources Finance and Policy
Official Summary Text
Safe Battery Collection and Recycling Stewardship Act enacted, covered electronics device manufacturer electronic waste recycling program established, Electronics Recycling Advisory Task Force established, civil penalties created, and money appropriated.
Current Bill Text
Read the full stored bill text
A bill for an act relating to environment; enacting the Safe Battery Collection and Recycling Stewardship Act; establishing a covered electronics device manufacturer electronic waste recycling program; establishing an Electronics Recycling Advisory Task Force; creating civil penalties; authorizing rulemaking; appropriating money; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 115A; repealing Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, 20; 115A.1312; 115A.1314; 115A.1316; 115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328; 115A.1330; 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, 9; 325E.125, subdivisions 3, 4, 5. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: ARTICLE 1 BATTERY STEWARDSHIP Section 1. new text begin [115A.9165] SHORT TITLE. new text end new text begin Sections 115A.9165 to 115A.9184 are the "Safe Battery Collection and Recycling Stewardship Act." new text end Sec. 2. new text begin [115A.9167] DEFINITIONS. new text end new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin For purposes of sections 115A.9165 to 115A.9184, the terms in this section have the meanings given. new text end new text begin Subd. 2. new text end new text begin Battery-containing product. new text end new text begin "Battery-containing product" means a product that contains or is packaged with one or more covered batteries. A battery-containing product does not include a covered electronic device as defined in section 115A.1341. new text end new text begin Subd. 3. new text end new text begin Battery stewardship organization. new text end new text begin "Battery stewardship organization" means all of the following, as applicable: new text end new text begin (1) a producer that directly implements a stewardship plan; new text end new text begin (2) an organization that implements a stewardship plan on behalf of five or more producers; and new text end new text begin (3) an entity that has submitted a draft stewardship plan to the commissioner if, once the plan is approved, the entity will be one of the entities described in clause (1) or (2). new text end new text begin Subd. 4. new text end new text begin Covered battery. new text end new text begin "Covered battery" means a portable battery or a medium-format battery other than: new text end new text begin (1) a battery contained within a medical device, as specified in United States Code, title 21, section 321(h), as amended through the effective date of this section, that is not designed and marketed for sale or resale principally to consumers for personal use; new text end new text begin (2) a battery that contains an electrolyte as a free liquid; new text end new text begin (3) a lead-acid battery weighing more than 11 pounds; new text end new text begin (4) a battery in a battery-containing product that is not intended or designed to be easily removable from the battery-containing product; new text end new text begin (5) a battery that is being recalled for safety reasons; or new text end new text begin (6) a battery designed to power a motor vehicle, part of a motor vehicle, or a 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. For purposes of this clause, "motor vehicle" means a self-propelled mechanical device that has a vehicle identification number and is manufactured primarily for transporting people or property on public streets, roads, and highways, excluding devices that run on stationary rails or tracks or that fly. new text end new text begin Subd. 5. new text end new text begin Damaged and defective battery. new text end new text begin "Damaged and defective battery" means a battery that: new text end new text begin (1) has been damaged or identified by the manufacturer as being defective for safety reasons; new text end new text begin (2) has the potential of producing a dangerous evolution of heat, fire, or short circuit, as provided under Code of Federal Regulations, title 49, section 173.185(f), as amended through January 1, 2023; or new text end new text begin (3) is designated as a damaged and defective battery by the commissioner by rule to maintain consistency with federal standards. new text end new text begin Subd. 6. new text end new text begin Easily removable. new text end new text begin "Easily removable" means designed by the manufacturer to be removable by the user of the product with no more than commonly used, commercially available household tools. new text end new text begin Subd. 7. new text end new text begin Environmentally sound manner. new text end new text begin "Environmentally sound manner" means in accordance with management practices undertaken in connection with sections 115A.9165 to 115A.9184 that: new text end new text begin (1) comply with all applicable laws and rules in place to protect workers, public health, and the environment; new text end new text begin (2) provide for adequate record keeping, tracking, and documenting of the disposition of materials within the state and beyond; and new text end new text begin (3) include comprehensive liability coverage for a battery stewardship organization, including environmental liability coverage that is commercially practicable. new text end new text begin Subd. 8. new text end new text begin Medium-format battery. new text end new text begin "Medium-format battery" means the following covered batteries: new text end new text begin (1) for rechargeable batteries, a battery weighing more than 11 pounds or having a rating of more than 300 watt-hours, or both, but weighing no more than 25 pounds and having a rating of no more than 2,000 watt-hours; and new text end new text begin (2) for primary batteries, a battery weighing more than 4.4 pounds but not more than 25 pounds. new text end new text begin Subd. 9. new text end new text begin Portable battery. new text end new text begin "Portable battery" means the following covered batteries: new text end new text begin (1) for rechargeable batteries, a battery weighing no more than 11 pounds and having a rating of no more than 300 watt-hours; and new text end new text begin (2) for primary batteries, a battery weighing no more than 4.4 pounds. new text end new text begin Subd. 10. new text end new text begin Primary battery. new text end new text begin "Primary battery" means a battery that is not capable of being recharged. new text end new text begin Subd. 11. new text end new text begin Producer. new text end new text begin "Producer" means the following person responsible for compliance with sections 115A.9165 to 115A.9184 for a covered battery or battery-containing product sold, offered for sale, or distributed in or into Minnesota: new text end new text begin (1) for covered batteries: new text end new text begin (i) if the battery is sold under the brand of the battery manufacturer, the producer is the person that manufactures the battery; new text end new text begin (ii) if the battery is sold under a retail brand or under a brand owned by a person other than the manufacturer, the producer is the brand owner; new text end new text begin (iii) if there is no person to which item (i) or (ii) apply, the producer is the person that is the licensee of a brand or trademark under which the battery is used in a commercial enterprise, sold, offered for sale, or distributed in or into Minnesota, whether or not the trademark is registered in Minnesota; new text end new text begin (iv) if there is no person described in items (i) to (iii) within the United States, the producer is the person who is the importer of record for the battery into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the battery in Minnesota; and new text end new text begin (v) if there is no person described in items (i) to (iv) with a commercial presence within Minnesota, the producer is the person who first sells, offers for sale, or distributes the battery in or into Minnesota; and new text end new text begin (2) for covered battery-containing products: new text end new text begin (i) if the battery-containing product is sold under the brand of the product manufacturer, the producer is the person that manufactures the product; new text end new text begin (ii) if the battery-containing product is sold under a retail brand or under a brand owned by a person other than the manufacturer, the producer is the brand owner; new text end new text begin (iii) if there is no person to which item (i) or (ii) apply, the producer is the person that is the licensee of a brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in or into Minnesota, whether or not the trademark is registered in Minnesota; new text end new text begin (iv) if there is no person described in items (i) to (iii) within the United States, the producer is the person who is the importer of record for the product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the product in Minnesota; new text end new text begin (v) if there is no person described in items (i) to (iv) with a commercial presence within Minnesota, the producer is the person who first sells, offers for sale, or distributes the product in or into Minnesota; and new text end new text begin (vi) producer does not include a person who only manufactures, sells, offers for sale, distributes, or imports into Minnesota a battery-containing product if the only batteries used by the battery-containing product are supplied by a producer that has joined a registered battery stewardship organization as the producer for that covered battery under sections 115A.9165 to 115A.9184. Such a producer of covered batteries that are included in a battery-containing product must provide written certification of that membership to both the producer of the covered battery-containing product and a battery stewardship organization of which the battery producer is a member. new text end new text begin Subd. 12. new text end new text begin Rechargeable battery. new text end new text begin "Rechargeable battery" means a battery that contains one or more voltaic or galvanic cells, electrically connected to produce electric energy, designed to be recharged. new text end new text begin Subd. 13. new text end new text begin Recycling efficiency rate. new text end new text begin "Recycling efficiency rate" means the ratio of the weight of covered battery components and materials recycled to the weight of covered batteries collected during a given period. new text end new text begin Subd. 14. new text end new text begin Retailer. new text end new text begin "Retailer" means a person who sells covered batteries or battery-containing products in or into the state or offers or otherwise makes available covered batteries or battery-containing products to a customer, including other businesses, in the state. new text end new text begin Subd. 15. new text end new text begin Stewardship plan. new text end new text begin "Stewardship plan" means a plan submitted and approved under section 115A.9169 for operating a stewardship program. new text end new text begin Subd. 16. new text end new text begin Stewardship program. new text end new text begin "Stewardship program" means a program for the collection and responsible disposal of covered batteries implemented by a battery stewardship organization under a stewardship plan. new text end Sec. 3. new text begin [115A.9168] PRODUCERS REQUIRED TO PARTICIPATE IN STEWARDSHIP PROGRAM. new text end new text begin Beginning January 1, 2028, a producer may not do any of the following in or into this state unless the producer participates in a stewardship program: new text end new text begin (1) sell a covered battery or battery-containing product; new text end new text begin (2) offer to sell or make available for sale a covered battery or battery-containing product; or new text end new text begin (3) distribute covered batteries or battery-containing products. new text end Sec. 4. new text begin [115A.9169] STEWARDSHIP PLANS. new text end new text begin Subdivision 1. new text end new text begin Stewardship plan contents. new text end new text begin A stewardship plan must: new text end new text begin (1) include a list of each producer, covered battery brand, and battery-containing product brand participating in the stewardship program; new text end new text begin (2) include contact information for each producer participating in the stewardship program; new text end new text begin (3) explain how the stewardship program will comply with sections 115A.9170 to 115A.9174 during each year the plan is in effect; new text end new text begin (4) identify proposed sorters, transporters, processors, and facilities to be used by the program for the final disposition of batteries and how collected batteries will be managed in an environmentally sound manner at facilities operating in compliance with human health and environmental protection standards that are broadly equivalent to or better than those required under federal law; new text end new text begin (5) describe the criteria to be used in the program to determine whether an entity may serve as a collection site for discarded covered batteries under the program; and new text end new text begin (6) describe how the plan will work in conjunction with other stewardship plans to achieve the purposes of sections 115A.9165 to 115A.9184. new text end new text begin Subd. 2. new text end new text begin Plan approval; disapproval; revision. new text end new text begin (a) When the commissioner receives a draft stewardship plan from a battery stewardship organization, the commissioner must review the plan for compliance with subdivision 1 and approve, disapprove, or conditionally approve the plan within 120 days after receipt. new text end new text begin (b) If the commissioner disapproves a draft stewardship plan, the commissioner must provide written notice to the battery stewardship organization within 30 days and must explain the deficiencies of the draft stewardship plan. The battery stewardship organization may submit a revised draft stewardship plan within 60 days after the date the written notice was issued. The commissioner must approve, disapprove, or conditionally approve the revised draft stewardship plan within 90 days after resubmission. new text end new text begin Subd. 3. new text end new text begin Submission of new plans. new text end new text begin (a) A battery stewardship organization must submit a new draft stewardship plan: new text end new text begin (1) if there are significant changes to the methods of collection, transport, or end-of-life management of covered batteries provided for under an existing stewardship plan. The commissioner must identify the types and magnitude of changes that require a new plan to be submitted under this clause. For purposes of this clause, adding or removing a processor or transporter to the plan is not a significant change that requires submission of a new plan; and new text end new text begin (2) no less than every five years. new text end new text begin (b) A stewardship plan remains in effect until a subsequent stewardship plan is approved under this section. new text end new text begin Subd. 4. new text end new text begin Plan amendments. new text end new text begin A battery stewardship organization must submit an amendment to a stewardship plan to the commissioner: new text end new text begin (1) when the battery stewardship organization proposes to substantially modify a stewardship plan; new text end new text begin (2) when the commissioner notifies the battery stewardship organization that the approval of a stewardship plan submitted by another stewardship organization requires changes to a stewardship plan; and new text end new text begin (3) when the commissioner notifies the stewardship organization that other modifications to the stewardship plan are necessary. new text end new text begin Subd. 5. new text end new text begin Public comment. new text end new text begin The commissioner must make draft stewardship plans and applications for amendments available for public review and comment for at least 30 days. new text end Sec. 5. new text begin [115A.9170] PERFORMANCE GOALS. new text end new text begin Subdivision 1. new text end new text begin Performance goals required. new text end new text begin Each stewardship plan must include annual performance goals that will be used to measure the performance of the program, including: new text end new text begin (1) goals for the quantity of covered batteries collected, based on the estimated total weight of covered batteries that were sold in the state in the previous three calendar years by the producers participating in the battery stewardship program; new text end new text begin (2) goals for public awareness; and new text end new text begin (3) a target recycling efficiency rate of at least 60 percent for rechargeable batteries and at least 70 percent for primary batteries. new text end new text begin Subd. 2. new text end new text begin Effect of goal achievement. new text end new text begin A battery stewardship organization may not reduce or cease collection, education and outreach, or other activities under a stewardship plan if the organization achieves one or more performance goals. new text end Sec. 6. new text begin [115A.9171] STEWARDSHIP PROGRAM FUNDING. new text end new text begin Subdivision 1. new text end new text begin Full funding. new text end new text begin Each stewardship plan must ensure adequate funding is available for full plan implementation and must: new text end new text begin (1) include a method to collect charges from producers participating in the stewardship plan that are sufficient in the aggregate to cover the costs of plan implementation, including covered battery collection, transportation, processing, education, administration, agency reimbursement, recycling, and end-of-life management in an environmentally sound manner in accordance with sections 115A.9165 to 115A.9184; and new text end new text begin (2) ensure that the costs of participating in the stewardship plan are shared, including the costs for reimbursing local governments and solid waste or recyclables handling facilities for demonstrable and reasonable costs incurred as a result of a local government facility or solid waste or recyclables handling facility serving as a collection site for the program, including but not limited to associated labor costs and other costs associated with accessibility and collection site standards, such as storage. new text end new text begin Subd. 2. new text end new text begin Point-of-sale or point-of-collection charges prohibited. new text end new text begin Retailers, producers, battery stewardship organizations, and collection sites must not charge a specific point-of-sale fee to businesses and consumers to cover the administrative or operational costs of a battery stewardship organization or the battery stewardship program. new text end Sec. 7. new text begin [115A.9172] COLLECTION AND MANAGEMENT REQUIREMENTS. new text end new text begin Subdivision 1. new text end new text begin Statewide collection required. new text end new text begin (a) A stewardship plan must provide statewide collection opportunities for collecting all covered batteries, including all chemistries and brands of covered batteries, on a free, continuous, convenient, visible, and accessible basis to any person, business, government agency, or organization. For purposes of determining the geographical adequacy of collection site coverage, the commissioner may only consider permanent collection sites. new text end new text begin (b) If more than one stewardship plan is in effect at any given time, in lieu of requiring each individual stewardship plan to provide statewide collection opportunities and collection of all types of covered batteries, the commissioner may allow individual plans to provide collection opportunities that are not statewide and for certain types of covered batteries but not others, so long as the cumulative effect of all stewardship plans in effect at any given time is to provide statewide collection opportunities for all covered batteries in accordance with this section. new text end new text begin (c) If more than one stewardship plan is in effect at any given time, all battery stewardship organizations must coordinate their activities with one another to ensure the efficient delivery of services and to avoid unnecessary duplication of effort and expense. new text end new text begin Subd. 2. new text end new text begin Portable battery collection site requirements. new text end new text begin Within two years of approval of an initial stewardship plan that provides for collecting portable batteries, the battery stewardship organization must provide statewide collection opportunities to include: new text end new text begin (1) at least one permanent collection site, collection service, or collection event for every 30,000 residents of a county; and new text end new text begin (2) at least one permanent collection site, collection service, or collection event within a 15-mile radius for at least 95 percent of all Minnesota residents. new text end new text begin Subd. 3. new text end new text begin Medium-format battery collection site requirements. new text end new text begin (a) Within two years of approval of a battery stewardship organization plan that provides for collecting medium-format batteries, the battery stewardship organization must provide statewide collection opportunities that include the provision of: new text end new text begin (1) at least ten permanent collection sites in the state during the initial five-year plan period; new text end new text begin (2) reasonable geographic dispersion of permanent collection sites throughout the state; new text end new text begin (3) after the initial five-year plan period, a permanent collection site in each county of at least 200,000 persons, as determined by the most recent federal census; and new text end new text begin (4) service to areas without a permanent collection site. A battery stewardship organization must ensure that there is a collection event at least once every three years in each county of the state that does not have a permanent collection site. The collection events must provide for collecting all medium-format batteries, including damaged and defective batteries. new text end new text begin (b) Medium-format batteries may be collected only at household hazardous waste collection sites or other staffed collection sites that meet applicable federal, state, and local regulatory requirements to manage medium-format batteries. new text end new text begin Subd. 4. new text end new text begin General collection site requirements. new text end new text begin (a) For each collection site that participates in a stewardship program, the battery stewardship organization must: new text end new text begin (1) provide suitable collection containers for covered batteries that will ensure that covered batteries are segregated from other solid waste or make mutually agreeable alternative arrangements for collecting batteries at the site; new text end new text begin (2) provide signage that informs customers regarding the end-of-life management options for batteries provided by the collection site under sections 115A.9165 to 115A.9184; and new text end new text begin (3) provide safety training procedures related to covered battery and collection activities, including appropriate protocols to reduce risks of spills or fires and response protocols in the event of a spill or fire, and a protocol for safe management of damaged and defective batteries that are brought to collection sites. new text end new text begin (b) Each collection site that participates in a stewardship program must: new text end new text begin (1) ensure that covered battery collection containers are kept within view of a responsible person and are accompanied by the signage made available to the collection site by the battery stewardship organization; and new text end new text begin (2) meet applicable federal, state, and local regulatory requirements while adhering to the operations manual and other safety information provided to the collection site by the battery stewardship organization. new text end new text begin Subd. 5. new text end new text begin Collecting damaged and defective batteries. new text end new text begin (a) At least once every three years and more often where practicable, a battery stewardship organization must hold collection events for damaged and defective batteries in each county that does not have a permanent collection site for collecting damaged and defective batteries. new text end new text begin (b) Notwithstanding paragraph (a), damaged and defective batteries may be collected only at collection sites staffed by persons trained to handle and ship damaged and defective batteries. new text end new text begin (c) A battery stewardship organization may seek reimbursement from the producer of any recalled battery for expenses incurred in collecting, transporting, or processing those batteries. new text end new text begin Subd. 6. new text end new text begin Use of existing services and facilities. new text end new text begin In implementing this section, a battery stewardship organization must: new text end new text begin (1) use existing public and private waste collection services and facilities, including where cost-effective, mutually agreeable, and otherwise practicable, battery collection sites that are established through other battery collection programs, services, transporters, consolidators, processors, and retailers; new text end new text begin (2) use as a collection site for covered batteries any retailer, wholesaler, municipality, solid waste management facility, household hazardous waste facility, or other entity that meets the criteria for collection sites set forth in the stewardship plan up to the minimum number of sites required for compliance with subdivisions 3 and 4, upon the submission of a request by such entity to a battery stewardship organization to serve as a collection site. Battery stewardship programs may use additional collection sites in excess of the minimum required in subdivisions 3 and 4 as may be agreed between a battery stewardship organization and the collection site; and new text end new text begin (3) use as a site for a collection event for covered batteries any retailer, wholesaler, municipality, solid waste management facility, household hazardous waste facility, or other entity that meets the criteria for collection events in the approved plan up to the minimum number of sites required for compliance with subdivisions 3 and 4, upon the submission of a request by such entity to a battery stewardship organization to serve as a site for a collection event. Battery stewardship programs may use additional sites for collection events in excess of the minimum required in subdivisions 3 and 4 as may be agreed between the battery stewardship organizations and the collection sites. new text end new text begin Subd. 7. new text end new text begin Suspending or terminating collection site or service. new text end new text begin A battery stewardship organization may issue a warning to, suspend, or terminate a collection site or service that does not adhere to the collection site criteria in the approved plan or that poses an immediate health and safety concern. new text end new text begin Subd. 8. new text end new text begin Additional requirements. new text end new text begin Battery stewardship programs: new text end new text begin (1) must provide for collecting loose covered batteries; new text end new text begin (2) are not required to provide for collecting battery-containing products; new text end new text begin (3) are not required to provide for collecting batteries that: new text end new text begin (i) are not easily removable from the product other than by the manufacturer; and new text end new text begin (ii) remain contained in a battery-containing product at the time of delivery to a collection site; new text end new text begin (4) are not required to provide for collecting batteries still contained in a covered electronic device as defined in section 115A.1341; and new text end new text begin (5) are not required to provide for collecting batteries or battery-containing products being recalled for safety reasons. A battery stewardship organization may seek reimbursement from the producer of a recalled battery or battery-containing product for the costs incurred in collecting, transporting, and processing such batteries and products. new text end Sec. 8. new text begin [115A.9173] EDUCATION AND OUTREACH REQUIREMENTS. new text end new text begin Each stewardship plan must require the battery stewardship organization to: new text end new text begin (1) develop and maintain a website about the stewardship program; new text end new text begin (2) place advertisements for the stewardship program on social media or other relevant media platforms; new text end new text begin (3) develop promotional materials about the program for use by retailers, government agencies, waste and recycling collectors, and other persons; new text end new text begin (4) provide battery-user-focused educational promotional materials to each collection site used by the program and to customers of retailers that sell covered batteries or battery-containing products; new text end new text begin (5) provide safety information and training materials related to covered battery collection activities to the operator of each collection site, including appropriate protocols to reduce risks of spills or fires, response protocols in the event of a spill or fire, and response protocols in the event of detection of a damaged or defective battery; and new text end new text begin (6) provide educational materials to each collection site for managing recalled batteries, which are not intended to be part of collection as provided under section 115A.9172, subdivision 8, to help facilitate transportation and processing of recalled batteries. new text end Sec. 9. new text begin [115A.9174] REPORTING REQUIREMENTS. new text end new text begin Subdivision 1. new text end new text begin Annual report required. new text end new text begin By June 1, 2028, and each June 1 thereafter, a battery stewardship organization must submit a report to the commissioner that covers the preceding calendar year of stewardship program implementation. The report must include: new text end new text begin (1) a summary financial statement documenting the financing of the stewardship program and an analysis of program costs and expenditures, including an analysis of the program's expenses. The summary financial statement must be sufficiently detailed to provide transparency that money collected from producers as a result of producers' activities in Minnesota is spent on program implementation in Minnesota. A report submitted by a battery stewardship organization that implements similar battery stewardship programs in multiple states must separately provide financial information for Minnesota; new text end new text begin (2) the weight, by chemistry, of covered batteries collected under the stewardship program. The weight of batteries must only be counted once and may not be counted by more than one battery stewardship organization; new text end new text begin (3) a calculation of the recycling efficiency rates; new text end new text begin (4) for each facility used for the final disposition of batteries, a description of how the facility recycled or otherwise disposed of batteries and battery components; new text end new text begin (5) the weight and chemistry of batteries sent to each facility used for the final disposition of batteries. The information may be estimated for program operations in Minnesota based on extrapolations of national or regional data for programs operating in multiple states; new text end new text begin (6) the collection rate achieved under the program, including a description of how the collection rate was calculated. For purposes of this clause, "collection rate" means the percentage, by weight, of covered batteries that a battery stewardship organization collects that is calculated by dividing the total weight of primary and rechargeable batteries collected during the previous calendar year by the average annual weight of primary and rechargeable batteries that were estimated to have been sold in the state by all producers participating in that approved battery stewardship plan during the previous three calendar years; new text end new text begin (7) the estimated aggregate sales, by weight and chemistry, of batteries and batteries contained in or with battery-containing products sold in Minnesota by participating producers for each of the previous three calendar years; new text end new text begin (8) a description of the manner in which the collected batteries were managed and recycled, including a discussion of best available technologies and the recycling efficiency rate; new text end new text begin (9) a description of education and outreach efforts supporting plan implementation, including but not limited to a summary of education and outreach provided to battery users, collection sites, manufacturers, distributors, and retailers by the program operator for promoting the collection and recycling of covered batteries; a description of how the education and outreach met the requirements of section 115A.9173; samples of education and outreach materials; a summary of coordinated education and outreach efforts with any other battery stewardship organizations implementing a plan approved by the commissioner; and a summary of any changes made during the previous calendar year to education and outreach activities; new text end new text begin (10) a list of all collection sites, an address for each listed site, and an up-to-date map showing the location of all collection sites used to implement the program, with links to appropriate websites when there are existing websites associated with a collection site; new text end new text begin (11) a description of methods used to collect, transport, and recycle covered batteries by a battery stewardship organization; new text end new text begin (12) a summary of progress made toward the program performance goals established under section 115A.9170 and an explanation of why performance goals were not met, if applicable; and new text end new text begin (13) if a battery stewardship organization has disposed of covered batteries through energy recovery, incineration, or landfilling during the period covered by the report, a description of the steps that the battery stewardship organization will take to make recycling covered batteries cost-effective, where possible, or to otherwise increase battery recycling rates achieved by the battery stewardship organization. new text end new text begin Subd. 2. new text end new text begin Information about processing facilities. new text end new text begin For any facility used to process or dispose of covered batteries that is included in a report required by subdivision 1, the report must include: new text end new text begin (1) whether the facility is located domestically, in a country that is a member of the Organisation for Economic Co-operation and Development, or in a country that meets the operating standards of the Organisation for Economic Co-operation and Development; and new text end new text begin (2) what facilities processed the batteries and, for domestic facilities, a summary of any violations of environmental laws and regulations during the previous three years at each facility. new text end new text begin Subd. 3. new text end new text begin Trade secrets. new text end new text begin Trade secrets, as defined under section 13.37, submitted to the commissioner under this section are private or nonpublic data under section 13.37. new text end new text begin Subd. 4. new text end new text begin Independent assessment. new text end new text begin After five years of implementing an approved battery stewardship plan, a covered battery producer or battery stewardship organization must hire an independent third party to conduct a onetime assessment of the battery stewardship plan and plan operation. The independent assessor must examine the effectiveness of the battery stewardship plan in collecting and recycling covered batteries. The independent assessor must examine the cost effectiveness of the plan and compare it to that of collection plans or programs for covered batteries in other jurisdictions. The independent assessor must submit the assessment to the commissioner and to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over environment policy and finance. new text end Sec. 10. new text begin [115A.9175] FEES AND ADDITIONAL AGENCY RESPONSIBILITIES. new text end new text begin Subdivision 1. new text end new text begin Plan and amendment review; fees. new text end new text begin A battery stewardship organization submitting a draft battery stewardship plan, a revision to a draft battery stewardship plan, or a stewardship plan amendment must pay, as applicable, a onetime: new text end new text begin (1) draft stewardship plan review fee of $.......; new text end new text begin (2) revision to a draft stewardship plan review fee of $.......; or new text end new text begin (3) amendment application review fee of $........ new text end new text begin Subd. 2. new text end new text begin Annual agency costs; fee. new text end new text begin (a) In addition to the fees required under subdivision 1, a battery stewardship organization must annually pay the commissioner a fee under this subdivision that, when aggregated with all other fees paid to the commissioner under this section, are adequate to cover the agency's costs in administering sections 115A.9165 to 115A.9184. new text end new text begin (b) By June 1 each year, the commissioner must calculate the fee that will be charged to each battery stewardship organization under this subdivision. The fee must be set so that it fully recovers the agency's costs but does not exceed that amount. new text end new text begin Subd. 3. new text end new text begin Appropriation of fee proceeds. new text end new text begin The commissioner must deposit all fees received under this section in the state treasury and credit the amount to a battery stewardship account in the special revenue fund. The amount collected under this section is annually appropriated to the commissioner to implement and enforce sections 115A.9165 to 115A.9184. new text end new text begin Subd. 4. new text end new text begin Agency website. new text end new text begin The commissioner must maintain a website that: new text end new text begin (1) lists producers and their brands that are participating in a stewardship plan; new text end new text begin (2) makes available to the public each draft stewardship plan, stewardship plan amendment, and annual report received by the commissioner under sections 115A.9165 to 115A.9184; and new text end new text begin (3) lists all battery stewardship organizations and fee-based collection and mail-back programs under section 115A.9182. new text end new text begin Subd. 5. new text end new text begin Technical assistance. new text end new text begin The commissioner must provide technical assistance to producers and retailers in implementing sections 115A.9165 to 115A.9184. new text end Sec. 11. new text begin [115A.9176] PENALTIES AND CIVIL ACTION PROVISIONS. new text end new text begin (a) Any person who violates sections 115A.9165 to 115A.9184 is liable for a civil penalty of $2,500 per violation, except that the penalty for failure to pay a fee under sections 115A.9165 to 115A.9184 is a civil penalty that is double the applicable fee. The civil penalty authority provided under this section is in addition to the authority conferred by section 115.071. new text end new text begin (b) No penalty may be assessed on an individual or resident for the improper disposal of covered batteries as described in section 115A.9179 in a noncommercial or residential setting. new text end Sec. 12. new text begin [115A.9177] MARKING REQUIREMENTS FOR BATTERIES. new text end new text begin Subdivision 1. new text end new text begin Marking. new text end new text begin Except as provided in subdivision 2, beginning January 1, 2028, a producer or retailer may sell, distribute, or offer for sale in or into Minnesota a covered battery or battery-containing product that contains a battery that is designed or intended to be easily removable from the product only if the battery is marked with: new text end new text begin (1) an identification of the producer of the battery; new text end new text begin (2) an identification of the chemistry of the battery; and new text end new text begin (3) an indication that the battery should not be disposed of as household waste. new text end new text begin Subd. 2. new text end new text begin Exception. new text end new text begin Subdivision 1, clauses (1) and (2), do not apply to a battery that can fit entirely, in any orientation, into the small parts cylinder described in Code of Federal Regulations, title 16, section 1501.4. In that case, the marks required by subdivision 1, clauses (1) and (2), must be placed on the packaging of the battery or battery-containing product. new text end new text begin Subd. 3. new text end new text begin Modification. new text end new text begin The commissioner may amend, by rule, the requirements of subdivision 1 to maintain consistency with the labeling requirements or voluntary standards for batteries established in federal law. new text end Sec. 13. new text begin [115A.9178] RETAILERS. new text end new text begin Subdivision 1. new text end new text begin Retailer requirements. new text end new text begin (a) Beginning July 1, 2028, a retailer may not sell, offer or make available for sale, or distribute a covered battery or battery-containing product unless: new text end new text begin (1) the producer of the covered battery or battery-containing product certifies to the retailer that the producer participates in a battery stewardship organization whose plan has been approved by the commissioner; and new text end new text begin (2) the batteries are marked according to section 115A.9177 or the producer certifies to the retailer that the batteries are so marked. new text end new text begin (b) A retailer is not in violation of paragraph (a), clause (1), if the agency website maintained under section 115A.9175, subdivision 4, lists, as of the date a product is made available for retail sale, a producer or brand of a covered battery or battery-containing product sold by the retailer as being a participant in an approved plan or the implementer of an approved plan. new text end new text begin Subd. 2. new text end new text begin Retailers not required to be collection sites. new text end new text begin Retailers of covered batteries or battery-containing products are not required to make retail locations available to serve as collection sites for a stewardship program operated by a battery stewardship organization. Retailers that serve as a collection site must participate in an approved stewardship plan and comply with sections 115A.9165 to 115A.9184. new text end Sec. 14. new text begin [115A.9179] BATTERY DISPOSAL AND COLLECTION. new text end new text begin (a) Effective January 1, 2028, all persons must handle unwanted covered batteries through delivery to a collection site operated under sections 115A.9165 to 115A.9184 or, for covered batteries generated by persons that are regulated generators of batteries covered under federal or state hazardous or solid waste laws, management must be undertaken in a manner consistent with those laws. new text end new text begin (b) Effective January 1, 2028, covered batteries may be collected, transported, and processed only in a manner that meets the standards established for a battery stewardship organization in a plan approved by the commissioner, unless the batteries are covered batteries generated by persons that are regulated generators of batteries covered under federal or state hazardous or solid waste laws, in which case management must be undertaken in a manner consistent with those laws. new text end new text begin (c) Effective January 1, 2028, a person may not place covered batteries in waste containers for disposal at incinerators, waste-to-energy facilities, or landfills. new text end new text begin (d) Effective January 1, 2028, a person may not place covered batteries in or on a container for mixed recyclables unless there is a separate location or compartment made available and designated for the covered battery that complies with local government collection standards or guidelines. new text end new text begin (e) Effective January 1, 2028: new text end new text begin (1) an owner or operator of a solid waste facility may not be found in violation of this section if the facility has posted in a conspicuous location a sign stating that covered batteries must be managed through collection sites established by a battery stewardship organization and are not accepted for disposal; and new text end new text begin (2) a solid waste collector may not be found in violation of this section for a covered battery placed in a disposal container by the generator of the covered battery. new text end Sec. 15. new text begin [115A.9180] PRIVATE RIGHT OF ACTION. new text end new text begin (a) A battery stewardship organization implementing an approved plan may bring a civil action or actions to recover costs, damages, and fees as specified in this section from a producer who sells or otherwise makes available in the state covered batteries or battery-containing products not included in an approved plan in violation of sections 115A.9165 to 115A.9184. An action under this section may be brought against one or more defendants. An action may be brought only against a defendant producer when the stewardship program incurs costs in Minnesota, including reasonable incremental administrative and program promotional costs, in excess of $1,000 to collect, transport, and recycle or otherwise dispose of the covered batteries or battery-containing products of a nonparticipating producer. new text end new text begin (b) A battery stewardship organization may bring a civil action against a producer of a recalled battery to recover costs associated with handling a recalled battery. new text end new text begin (c) A battery stewardship organization implementing a stewardship plan may bring a civil action against another battery stewardship organization that underperforms on its battery collection obligations under sections 115A.9165 to 115A.9184 by failing to collect and provide for the end-of-life management of batteries in an amount roughly equivalent to costs imposed on the plaintiff battery stewardship organization by virtue of the failures of the defendants, plus legal fees and expenses. new text end Sec. 16. new text begin [115A.9181] ANTITRUST. new text end new text begin Producers and battery stewardship organizations acting on behalf of producers that prepare, submit, and implement a battery stewardship program plan under sections 115A.9165 to 115A.9184 and who are thereby subject to regulation by the commissioner are granted immunity from state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade and commerce for the limited purpose of planning, reporting, and operating a battery stewardship program, including: new text end new text begin (1) creating, implementing, or managing a battery stewardship organization and any battery stewardship plan regardless of whether the plan is submitted, denied, or approved; new text end new text begin (2) determining the cost and structure of a stewardship plan; and new text end new text begin (3) determining the types or quantities of batteries being recycled or otherwise managed under sections 115A.9165 to 115A.9184. new text end Sec. 17. new text begin [115A.9182] COLLECTION OF BATTERIES INDEPENDENT OF BATTERY STEWARDSHIP PROGRAM. new text end new text begin (a) Nothing in sections 115A.9165 to 115A.9184 prevents or prohibits a person from offering or performing a fee-based collection or mail-back program for covered portable batteries or medium-format batteries independently of a battery stewardship program if: new text end new text begin (1) the person collects all types of covered batteries; new text end new text begin (2) the person notifies the commissioner, on an annual basis, of their intent to offer a collection or mail-back program; new text end new text begin (3) the person's services are performed and the person's facilities are operated in compliance with all applicable federal, state, and local laws and requirements; new text end new text begin (4) the person makes all batteries collected by the person from Minnesota customers available to a battery stewardship organization implementing a plan approved under sections 115A.9165 to 115A.9184; and new text end new text begin (5) after consolidating portable or medium-format batteries at the person's facilities, the costs for transporting the batteries to a battery stewardship organization's designated sorters or processors are at the expense of the battery stewardship organization. new text end new text begin (b) A battery stewardship organization may refuse to accept batteries from a person under paragraph (a) if the organization notifies the commissioner of the reason for the refusal. new text end Sec. 18. new text begin [115A.9183] PROHIBITION ON DISPOSAL. new text end new text begin No person may dispose of or burn a covered battery in a solid waste disposal facility. A covered battery may be disposed of only by delivery to a collection site or collection event operated under a battery stewardship plan under sections 115A.9165 to 115A.9184, unless the battery is regulated as hazardous waste. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2028. new text end Sec. 19. new text begin [115A.9184] SEVERABILITY. new text end new text begin If any provision of sections 115A.9165 to 115A.9184 or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. new text end Sec. 20. new text begin REPEALER. new text end new text begin Minnesota Statutes 2024, sections 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, and 9; and 325E.125, subdivisions 3, 4, and 5, new text end new text begin are repealed. new text end ARTICLE 2 E-WASTE Section 1. new text begin [115A.1341] DEFINITIONS. new text end new text begin (a) The terms used in sections 115A.1341 to 115A.1354 have the meanings given in this section. new text end new text begin (b) "Brand" means a name, a symbol, words, or marks that identify a covered electronic device, rather than any of its components, and attribute the device to the owner of the brand as the manufacturer. new text end new text begin (c) "Collection" means the aggregation of covered electronic devices at the end of life from covered entities and includes all the activities up to the time the covered electronic devices are delivered to a recycler. new text end new text begin (d) "Collector" means an entity that collects covered electronic devices on behalf of a manufacturer e-waste program. new text end new text begin (e) "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. new text end new text begin (f) "Computer monitor" means an electronic device of any type that is primarily intended to display information from a central processing unit or the Internet. new text end new text begin (g) "Covered electronic device": new text end new text begin (1) means: new text end new text begin (i) computers, including tablet computers and laptop computers; new text end new text begin (ii) peripherals; new text end new text begin (iii) computer monitors; new text end new text begin (iv) printers; new text end new text begin (v) facsimile machines; new text end new text begin (vi) video players, including DVD players and video cassette recorders; new text end new text begin (vii) cameras and camcorders; new text end new text begin (viii) mobile phones; new text end new text begin (ix) streaming devices; new text end new text begin (x) Wi-Fi and networking devices; new text end new text begin (xi) smart home devices; new text end new text begin (xii) audio products, including speakers, stereo equipment, and sound bars; new text end new text begin (xiii) video game consoles; new text end new text begin (xiv) wearable technology, including smartwatches, fitness trackers, glasses, headsets, and headphones; and new text end new text begin (xv) televisions that are marketed and sold to a household by means of retail, wholesale, or electronic commerce; and new text end new text begin (2) does not include: new text end new text begin (i) an electronic device that is a 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; new text end new text begin (ii) an electronic device that is functionally or physically part of a larger piece of equipment or that is taken out of service from an industrial; commercial, including retail; library checkout; traffic control; kiosk; security, other than household security; governmental; agricultural; or medical setting, including but not limited to diagnostic, monitoring, or control equipment; or new text end new text begin (iii) an electronic device that is contained within a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, water pump, sump pump, or air purifier. new text end new text begin (h) "Covered entity" means a household or any person giving seven or fewer covered electronic devices to a collector at any one time. new text end new text begin (i) "De minimis manufacturer" means a person that provides evidence to the commissioner that the manufacturer sold fewer than 100 covered electronic devices in the state during the previous program year. new text end new text begin (j) "Manufacturer" means a person, other than a de minimis manufacturer and irrespective of selling technique used, including by means of remote sale: new text end new text begin (1) that manufactures covered electronic devices under a brand that the person owns or is licensed to use; new text end new text begin (2) that sells covered electronic devices manufactured by others under a brand that the seller owns; new text end new text begin (3) that manufactures covered electronic devices without affixing a brand; new text end new text begin (4) that manufactures covered electronic devices to which the person affixes a brand that the person does not own; or new text end new text begin (5) on whose account covered electronic devices manufactured outside the United States are imported into the United States. This clause does not apply if, at the time the covered electronic devices are imported into the United States, another person is registered as the manufacturer of the brand of the covered electronic devices. new text end new text begin (k) "Manufacturer clearinghouse" means a person that prepares and submits a manufacturer e-waste program plan to the commissioner under section 115A.1344 and oversees the manufacturer e-waste program on behalf of a group of two or more manufacturers. new text end new text begin (l) "Manufacturer e-waste program" means a statewide program for collecting, transporting, and recycling covered electronic devices implemented and financed by a manufacturer e-waste program operator in accordance with section 115A.1344. new text end new text begin (m) "Manufacturer e-waste program operator" means an individual manufacturer, group of manufacturers, or manufacturer clearinghouse responsible for implementing and financing an approved manufacturer e-waste program. new text end new text begin (n) "Printer" means a device that is used to make reproductions or is multifunctional and performs one or more operations such as scanning or faxing in addition to making reproductions; that is designed to be placed on a desk or other work surface and may include an optional floor stand; and that uses print technology, such as a laser, electrographic, ink jet, dot matrix, or thermal or digital sublimination. Printer does not include a device used to make a reproduction that: new text end new text begin (1) is floor-standing; new text end new text begin (2) is a point-of-sale receipt printer; new text end new text begin (3) is also a calculator; new text end new text begin (4) can also make labels; or new text end new text begin (5) is embedded in something other than a covered electronic device. new text end new text begin (o) "Peripheral" means a keyboard, mouse, or other device sold exclusively for external use with a covered electronic device as a wireless or corded device that provides input into or output from a covered electronic device and cords used with such a device. new text end new text begin (p) "Program year" means the period from July 1 through June 30. new text end new text begin (q) "Recycler" means a public or private person that accepts covered electronic devices from households and collectors for recycling. Recycler does not include a manufacturer who takes products for refurbishment or repair. new text end new text begin (r) "Recycling" means the process of collecting and preparing 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 reuse, repair, or any other process through which covered electronic devices are returned to use for households in their original form. new text end new text begin (s) "Retailer" means a person who first sells, through sales outlets, catalogs, or the Internet, a covered electronic device to a household and not for resale in any form. new text end new text begin (t) "Sell" or "sale" means any transfer for consideration of title, including but not limited to transactions conducted through sales outlets, catalogs, or the Internet, or any other similar electronic means either inside or outside the state, by a person who conducts the transaction and controls the delivery of a covered electronic device to a consumer in the state. Sell or sale does not include a manufacturer's or distributor's wholesale transaction with a distributor or a retailer. Sell or sale does not include products that are leased. new text end Sec. 2. new text begin [115A.1342] MANUFACTURER AND RETAILER REQUIREMENTS FOR SALE. new text end new text begin Subdivision 1. new text end new text begin Manufacturer requirements. new text end new text begin On or after July 1, 2027, a manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale a new covered electronic device unless: new text end new text begin (1) the covered electronic device is labeled with the manufacturer's brand in a permanently affixed and readily visible manner; and new text end new text begin (2) the manufacturer registers with, pays a registration fee, and participates in a manufacturer e-waste program that complies with sections 115A.1341 to 115A.1354. new text end new text begin Subd. 2. new text end new text begin Manufacturer responsibility. new text end new text begin The failure of a manufacturer e-waste program operated collectively as part of a group of manufacturers or manufacturer clearinghouse to satisfy any of the responsibilities delegated to the program by a manufacturer for developing and implementing a manufacturer e-waste program does not relieve the manufacturer of its responsibility to satisfy the requirements of sections 115A.1341 to 115A.1354. new text end new text begin Subd. 3. new text end new text begin Retailer requirements. new text end new text begin (a) A retailer must not sell or offer for sale a covered electronic device unless the covered electronic device is labeled according to this section and is listed as registered on the agency website under section 115A.1348. new text end new text begin (b) A retailer is not responsible for an unlawful sale under this section if the manufacturer's registration expired or was revoked and the retailer took possession of the covered electronic device before the expiration or revocation of the manufacturer's registration and the unlawful sale occurred within six months after the expiration or revocation. new text end Sec. 3. new text begin [115A.1343] MANUFACTURER REGISTRATION AND FEE. new text end new text begin Subdivision 1. new text end new text begin Registration required. new text end new text begin (a) By February 1, 2027, and each February 1 thereafter, a manufacturer of covered electronic devices sold or offered for sale in this state must register with the agency for the upcoming program year on a form provided by the agency. The registration must include: new text end new text begin (1) a list of the manufacturer's brands of covered electronic devices offered for sale in the state; new text end new text begin (2) the name, address, and contact information of the person responsible for ensuring compliance with sections 115A.1341 to 115A.1354; new text end new text begin (3) the total weight of covered electronic devices sold in the state during the most recent program year or an estimate of the total weight of covered electronic devices sold in the state during the most recent program year, calculated by multiplying the weight of the manufacturer's covered electronic devices sold nationally times the quotient of Minnesota's population divided by the national population; and new text end new text begin (4) an indication of whether the manufacturer will meet the requirements of sections 115A.1341 to 115A.1354 individually, as part of a group of manufacturers, or collectively as part of a manufacturer clearinghouse. new text end new text begin (b) If, during the program year, a covered electronic device is first sold or offered for sale in this state by a manufacturer or the brand is not listed in the manufacturer's registration, the manufacturer must register with the agency for the current program year in accordance with paragraph (a) within 30 days after the date the covered electronic devices were first sold and offered for sale in the state. new text end new text begin Subd. 2. new text end new text begin Registration fee. new text end new text begin (a) By July 1, 2027, and each July 1 thereafter, each manufacturer that registers under subdivision 1 must pay a registration fee in a manner prescribed by the commissioner. The commissioner must deposit all fees received under this section in the state treasury and credit the amount to a covered electronic devices stewardship account in the special revenue fund. The amount collected under this paragraph is annually appropriated to the commissioner to implement and enforce sections 115A.1341 to 115A.1354. new text end new text begin (b) A manufacturer's registration fee must be based on the manufacturer's market share applied to the total costs for the agency to administer the program for the prior program year accounting for any justified increases. new text end new text begin (c) The commissioner must notify manufacturers of their respective registration fee amount by April 1, 2027, and each April 1 thereafter. new text end Sec. 4. new text begin [115A.1344] MANUFACTURER E-WASTE PROGRAM; PLAN; ANNUAL REPORT. new text end new text begin Subdivision 1. new text end new text begin Plan required. new text end new text begin By February 1, 2027, and each February 1 thereafter, each manufacturer, acting as or through a manufacturer e-waste program operator, must submit a plan for implementing a manufacturer e-waste program for the next program year to the commissioner in the form and manner prescribed by the commissioner. new text end new text begin Subd. 2. new text end new text begin Plan contents. new text end new text begin (a) A plan submitted under this section must describe how the manufacturer e-waste program operator will: new text end new text begin (1) provide for collecting, transporting, and recycling covered electronic devices from covered entities free of charge, except that the plan may provide for charging a fee for additional services such as at-home removal of covered electronic products; new text end new text begin (2) determine each participating manufacturer's market share for purposes of allocating the costs of financing, managing, and operating the program to each manufacturer; new text end new text begin (3) develop environmentally sound best management practices that collectors in the program will be required to adhere to when collecting, separating, storing, managing, and transporting covered electronic devices; new text end new text begin (4) establish standards for recycling facilities, including, at a minimum, a requirement that recyclers maintain a valid responsible recycling (R2) or e-stewards certification at each recycling facility processing covered electronics devices under the program; new text end new text begin (5) regularly advertise and promote covered electronic device collection opportunities statewide; new text end new text begin (6) make information about the program available to the public through a toll-free telephone number and website; new text end new text begin (7) develop educational resources, after consultation with participating local government collectors, to increase public awareness of opportunities for covered electronic device collection; new text end new text begin (8) provide for fair financial compensation to participating local government collectors that: new text end new text begin (i) is adequate to cover all of their costs, including for collecting, storing, managing, and transporting covered electronic devices and for approved reasonable public education activities to promote the collection and recycling of covered electronic devices; and new text end new text begin (ii) provides agreed-upon per-service compensation for all local government collectors operating under the manufacturer e-waste program plan for the duration of the program year; new text end new text begin (9) maintain information about each recycler that will be used by the manufacturer e-waste program and associated R2 or e-stewards certifications; new text end new text begin (10) maintain information about all manufacturers and associated brands participating in the manufacturer e-waste program; new text end new text begin (11) maintain contact information for manufacturers and the manufacturer clearinghouse, if applicable; and new text end new text begin (12) provide convenient service throughout the state that ensures that: new text end new text begin (i) at a minimum, 90 percent of the residents of the state are within 15 miles of a collection site; new text end new text begin (ii) there is at least one collection site in each county; new text end new text begin (iii) in each city with a population of at least 10,000 but less than 200,000, there is at least one collection site, plus one additional collection site for every additional 20,000 residents of the city over 10,000; and new text end new text begin (iv) in each city with a population of 200,000 or greater, there are at least ten collection sites, plus one additional collection site for every additional 50,000 residents of the city over 200,000. new text end new text begin (b) In addition to the information required by paragraph (a), a stewardship plan submitted under this section must include: new text end new text begin (1) the contact information for the manufacturer e-waste program operator; new text end new text begin (2) a list of all the manufacturers participating in the manufacturer e-waste program; new text end new text begin (3) a list of all brands of covered electronic devices manufactured, sold, or imported by each participating manufacturer, including: new text end new text begin (i) brands being offered for sale in the state by each manufacturer; and new text end new text begin (ii) brands being offered for sale in the state by each manufacturer during the immediately preceding program year; new text end new text begin (4) a list of each collection site participating in the manufacturer e-waste program, including the location and hours of operation; and new text end new text begin (5) a list of all recyclers that will be used by the manufacturer e-waste program. new text end new text begin (c) For purposes of determining whether the number, location, and adequacy of collection sites meets the requirements of this subdivision: new text end new text begin (1) a collection site must be staffed and open to the public at a frequency adequate to meet the needs of the area being served; new text end new text begin (2) a collection site for a county may be the same as a collection site for a city in the county; new text end new text begin (3) in lieu of a fixed, permanent site, a collection site may be a series of three collection events held across the program year; new text end new text begin (4) the commissioner may waive the requirements of paragraph (a), clause (12), with respect to a county or city if the proposed manufacturer e-waste program plan demonstrates to the commissioner's satisfaction that alternative services or collection sites would provide substantially equivalent collection convenience; new text end new text begin (5) a collection site must accept all covered electronic devices from covered entities on a regular basis throughout the program year; and new text end new text begin (6) before removing a collection site from a manufacturer e-waste program, the manufacturer e-waste program operator must provide notice to covered entities of the removal by posting information about the removal on the program website 90 days before removing the collection site from the program. new text end new text begin Subd. 3. new text end new text begin Annual report. new text end new text begin By October 1 each year, a manufacturer e-waste program operator must submit an annual report to the commissioner on the operation of the program during the previous program year in the form and manner prescribed by the commissioner. The report submitted under this subdivision must include at least: new text end new text begin (1) a list of all collection sites and recycling facilities used by the manufacturer e-waste program; new text end new text begin (2) the total weight of covered electronic devices collected from covered entities in the state by the manufacturer e-waste program during the previous program year; new text end new text begin (3) the total weight of covered electronic devices collected at each collection site or, if approved by the commissioner, each grouping of collection sites; new text end new text begin (4) details of any approved alternative methods of service in meeting the needs of the applicable jurisdiction adequately, including the date of each alternative service event and the total weight of covered electronic devices collected at each alternative service event; new text end new text begin (5) the total weight of covered electronic devices recycled at each recycling facility; new text end new text begin (6) a summary of public awareness activities and copies of public awareness materials developed by the manufacturer e-waste program operator; and new text end new text begin (7) an attestation that all covered electronic devices collected under the manufacturer e-waste program were collected and disposed of in compliance with all applicable laws, rules, and regulations and in accordance with the environmentally sound best management practices in subdivision 2, paragraph (a), clause (3). new text end new text begin Subd. 4. new text end new text begin Record retention. new text end new text begin A manufacturer e-waste program operator must retain all records related to implementing and administering the manufacturer e-waste program for not less than three years from the time the record was created and make the records available for inspection and audit by the commissioner upon request. new text end Sec. 5. new text begin [115A.1345] APPROVAL OF MANUFACTURER E-WASTE PROGRAM. new text end new text begin Subdivision 1. new text end new text begin Action on plan required. new text end new text begin No later than 45 days after receiving a plan under section 115A.1344, subdivision 1, the commissioner must approve, approve with conditions, or reject the plan. The commissioner must approve the plan if the commissioner determines that the plan satisfies the requirements of section 115A.1344. If the commissioner rejects the plan, the commissioner must provide in writing the reason or reasons for the rejection. new text end new text begin Subd. 2. new text end new text begin Revised plan. new text end new text begin A manufacturer, acting as or through a manufacturer e-waste program operator, must submit a revised plan to the agency no later than 30 days after the date of the previous plan's rejection. No later than 30 days after receiving a revised plan under this subdivision, the commissioner must approve, approve with conditions, or reject the revised plan. If the commissioner rejects a revised plan, the commissioner may require further revision of the plan within a timeline determined by the commissioner or may direct changes to the revised plan. new text end Sec. 6. new text begin [115A.1346] ENFORCEMENT. new text end new text begin A manufacturer e-waste program operator must not directly enforce manufacturer compliance with sections 115A.1341 to 115A.1354, including compliance with the allocation methodology under a manufacturer e-waste program plan. A manufacturer e-waste program operator must, upon prior notice to the manufacturer, refer any potential noncompliance to the commissioner. A manufacturer e-waste program operator may develop and implement policies and procedures that exclude from participation in the manufacturer e-waste program any manufacturers found by the commissioner or a court of competent jurisdiction to have failed to comply with sections 115A.1341 to 115A.1354. new text end Sec. 7. new text begin [115A.1347] COLLECTION OF COVERED ELECTRONIC DEVICES OUTSIDE A MANUFACTURER E-WASTE PROGRAM. new text end new text begin Nothing in sections 115A.1341 to 115A.1354 prohibits a person from establishing a program to collect and recycle covered electronic devices independently of a manufacturer e-waste program. Covered electronic devices collected and recycled outside a manufacturer e-waste program are not the responsibility of a manufacturer e-waste program operator. new text end Sec. 8. new text begin [115A.1348] ADDITIONAL AGENCY DUTIES. new text end new text begin Subdivision 1. new text end new text begin Posting information. new text end new text begin The commissioner must maintain on the agency website: new text end new text begin (1) a list of registered manufacturers and their brands; new text end new text begin (2) a list of brands for which no manufacturer has registered; new text end new text begin (3) a list that identifies which manufacturers are in compliance with section 115A.1343; new text end new text begin (4) manufacturer e-waste program plans submitted to the commissioner under sections 115A.1344 and 115A.1345; and new text end new text begin (5) reports submitted to the commissioner under section 115A.1344. new text end new text begin Subd. 2. new text end new text begin Manufacturer market share calculation. new text end new text begin (a) By April 1, 2027, and every April 1 thereafter, the commissioner must determine each manufacturer's market share of covered electronic devices by dividing the total weight in pounds of covered electronic devices sold in this state under brands manufactured, sold, or imported by the manufacturer during the previous program year by the total weight in pounds of covered electronic devices sold in this state under all brands manufactured, sold, or imported by all registered manufacturers during the previous program year. new text end new text begin (b) The commissioner may use national market data prorated for Minnesota, retail or manufacturer data, consumer research, or any other data from the previous program year, as determined by the commissioner, to make the determinations under paragraph (a). The commissioner may require a manufacturer to submit sales or other data regarding the number and weight of covered electronic devices sold in this state by the manufacturer. A manufacturer must submit any data required by the commissioner under this paragraph in the format requested by the commissioner. new text end new text begin (c) The commissioner must provide a determination of market share made under this subdivision to the applicable manufacturer or, if a manufacturer e-waste program plan was submitted by a manufacturer clearinghouse, to the manufacturer clearinghouse. new text end Sec. 9. new text begin [115A.1349] ELECTRONICS RECYCLING ADVISORY TASK FORCE. new text end new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin An Electronics Recycling Advisory Task Force is established in the Pollution Control Agency. new text end new text begin Subd. 2. new text end new text begin Purpose. new text end new text begin The purpose of the task force is to evaluate additional products for compatibility with and incorporation into the manufacturer e-waste program and to make recommendations to the legislature as follows: new text end new text begin (1) the list of products for consideration must come from task force members and must be consumer electronic devices in their purpose and function; new text end new text begin (2) the task force must recommend whether a product should be included in the manufacturer e-waste program based on the following criteria: new text end new text begin (i) products must be evaluated for compatibility with the covered electronic devices collection and recycling system, and the task force must factor in the current way in which covered electronic devices are collected, stored, transported, and recycled in the manufacturer e-waste programs in the state; and new text end new text begin (ii) products must be evaluated against the following criteria for inclusion in the manufacturer e-waste program: fire risk, difficulty of recycling, and toxicity to the environment; new text end new text begin (3) the task force must engage with manufacturers and statewide or national trade associations representing manufacturers of the products under consideration along with recycling experts and local government collection programs; and new text end new text begin (4) the task force must recommend that the legislature do one of the following: new text end new text begin (i) amend the definition of covered electronic device in section 115A.1341 to include the product so that it can be managed under sections 115A.1341 to 115A.1354; new text end new text begin (ii) not amend the definition of covered electronic device in section 115A.1341 to include the product; or new text end new text begin (iii) establish a new collection and recycling program for managing the product. new text end new text begin Subd. 3. new text end new text begin Membership. new text end new text begin The task force consists of the following ten members, to be appointed by the commissioner: new text end new text begin (1) two individuals who are representatives of local government recycling programs participating in a manufacturer e-waste program; new text end new text begin (2) two individuals who are representatives of electronics recycling companies or who are responsible for selecting electronics recycling companies under a manufacturer e-waste program; new text end new text begin (3) two individuals who are representatives of manufacturers that are participating in a manufacturer e-waste program; new text end new text begin (4) one individual who is a representative of a statewide trade association representing retailers; new text end new text begin (5) one individual who is a representative of a statewide trade association representing manufacturers; new text end new text begin (6) one individual who is a representative of a statewide trade association representing waste disposal companies; and new text end new text begin (7) one individual who is a representative of a national trade association representing manufacturers. new text end new text begin Subd. 4. new text end new text begin Appointment. new text end new text begin Members of the task force must be appointed as soon as practicable after the effective date of this section, must serve for two-year terms beginning January 1, 2028, and may be reappointed to subsequent terms. Vacancies must be filled by the commissioner for the remainder of the current term. Members serve voluntarily and without compensation. new text end new text begin Subd. 5. new text end new text begin Chairperson; quorum. new text end new text begin Members must elect from their number a chairperson who serves in that capacity for the duration of the person's current appointed term. The chairperson leads all meetings and works with the agency to prepare meeting materials, align expert stakeholders, and prepare reports to the legislature as required under subdivision 8. A simple majority of the members of the task force constitutes a quorum for the transaction of business, and all actions and recommendations of the task force must be approved by a simple majority of its members. new text end new text begin Subd. 6. new text end new text begin Administrative support. new text end new text begin The commissioner must provide the task force with administrative support as necessary. new text end new text begin Subd. 7. new text end new text begin Meetings. new text end new text begin The task force must meet as often as necessary and at least twice per year beginning April 1, 2028. The first meeting of the task force is at the call of the commissioner and subsequent meetings are at the call of the chairperson. Task force meetings must have a virtual participation option available. new text end new text begin Subd. 8. new text end new text begin Reporting. new text end new text begin By January 1, 2029, and every two years thereafter, the task force must submit a summary of its meetings and any recommendations to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over environment. new text end Sec. 10. new text begin [115A.1350] ANTICOMPETITIVE CONDUCT. new text end new text begin (a) A manufacturer that participates in a manufacturer e-waste program individually, as a group of manufacturers, or collectively as part of a manufacturer clearinghouse to organize collection or recycling under a plan approved under section 115A.1345 may 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. new text end new text begin (b) A manufacturer e-waste program operator and its officers, members, employees, and agents who cooperate with a political subdivision that organizes collection or recycling under sections 115A.9165 to 115A.9184 may 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. new text end Sec. 11. new text begin [115A.1351] REQUIREMENTS FOR PURCHASES BY STATE AGENCIES. new text end new text begin (a) The Department of Administration must ensure that acquisitions of covered electronic devices under chapter 16C are in compliance with or not subject to sections 115A.1341 to 115A.1354. new text end new text begin (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 show compliance with sections 115A.1341 to 115A.1354. new text end new text begin (c) Any person awarded a contract under chapter 16C for purchase or lease of covered electronic devices that is found to be in violation of sections 115A.1341 to 115A.1354 is subject to the following sanctions: new text end new text begin (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; new text end new text begin (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part 1230.1150; and new text end new text begin (3) if the attorney general establishes that any money, property, or benefit was obtained by a contractor as a result of violating sections 115A.1341 to 115A.1354, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit. new text end Sec. 12. new text begin [115A.1352] MULTISTATE IMPLEMENTATIONS. new text end new text begin The commissioner may participate in the establishment of a regional multistate organization or compact to assist in implementing sections 115A.1341 to 115A.1354. new text end Sec. 13. new text begin [115A.1353] REGULATING COVERED ELECTRONIC DEVICES. new text end new text begin (a) If the Environmental Protection Agency adopts regulations under the Resource Conservation and Recovery Act regarding the handling, storage, or treatment of any type of covered electronic device being recycled, those regulations are effective in this state on the same date and supersede any rules previously adopted by the commissioner regarding the handling, storage, or treatment of all covered electronic devices being recycled. new text end new text begin (b) Sections 115A.1341 to 115A.1354 expire if a federal law, or combination of federal laws, establishes a program for the collection and recycling or reuse of covered electronic devices that is applicable to all covered electronic devices sold or discarded by covered entities. new text end Sec. 14. new text begin [115A.1354] DATA CLASSIFICATION. new text end new text begin Trade secret and sales information, as defined under section 13.37, submitted to the commissioner under sections 115A.9165 to 115A.9184 are private or nonpublic data under section 13.37. new text end Sec. 15. new text begin REPEALER. new text end new text begin Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, and 20; 115A.1312; 115A.1314; 115A.1316; 115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328; 115A.1330; and 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, and 9, new text end new text begin are repealed. new text end APPENDIX Repealed Minnesota Statutes: 26-07778 115A.1310 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections 115A.1310 to 115A.1330 , the following terms have the meanings given. Subd. 2. Cathode-ray tube or CRT. "Cathode-ray tube" or "CRT" means a vacuum tube or picture tube used to convert an electronic signal into a visual image. Subd. 3. Collection. "Collection" means the aggregation of covered electronic devices from households and includes all the activities up to the time the covered electronic devices are delivered to a recycler. Subd. 4. Collector. "Collector" means a public or private entity that receives covered electronic devices from households and arranges for the delivery of the devices to a recycler. Subd. 5. Computer. "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, but does not include an automated typewriter or typesetter, a portable handheld calculator or device, or other similar device. Subd. 6. Computer monitor. "Computer monitor" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a central processing unit or the Internet. Subd. 7. Covered electronic device. "Covered electronic device" means computers, including tablet computers and laptop computers, peripherals, facsimile machines, DVD players, video cassette recorders, and video display devices that are sold to a household by means of retail, wholesale, or electronic commerce. Subd. 8. Department. "Department" means the Department of Revenue. Subd. 9. Dwelling unit. "Dwelling unit" has the meaning given in section 238.02 , subdivision 21a. Subd. 10. Household. "Household" means an occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit located in this state who has used a video display device at a dwelling unit primarily for personal use. Subd. 11. Manufacturer. "Manufacturer" means a person who: (1) manufactures video display devices to be sold under its own brand as identified by its own brand label; or (2) sells video display devices manufactured by others under its own brand as identified by its own brand label. Subd. 12. Peripheral. "Peripheral" means a keyboard, printer, or any other device sold exclusively for external use with a computer that provides input or output into or from a computer. Subd. 12a. Phase I recycling credits. "Phase I recycling credits" means the number of pounds of covered electronic devices recycled by a manufacturer from households during program years one through nine, less the product of the number of pounds of video display devices sold to households during the same program year, multiplied by the proportion of sales a manufacturer is required to recycle. Subd. 12b. Phase II recycling credits. "Phase II recycling credits" means an amount calculated in a program year beginning July 1, 2019, and in each program year thereafter, according to the formula (1.5 x A) - (B - C), where: A = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled during a program year from households located outside the 11-county metropolitan area, as defined in section 115A.1314, subdivision 2 ; B = the manufacturer's recycling obligation calculated for the same program year in section 115A.1320, subdivision 1 , paragraph (g); and C = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled, up to but not exceeding B, during the same program year from households in the 11-county metropolitan area. 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: (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. (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 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. 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. 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. (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 recycling under this section are authorized to engage in anticompetitive conduct to the extent necessary to plan and implement the organized collection or recycling system, provided that the political subdivision actively supervises the participation of each entity. An organization, entity, or person covered by this paragraph is immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce. 115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES. (a) The Department of Administration must ensure that acquisitions of video display devices under chapter 16C are in compliance with or not subject to sections 115A.1310 to 115A.1318 . (b) The solicitation documents must specify that the prospective responder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with paragraph (a) and sections 115A.1310 to 115A.1318 . (c) Any person awarded a contract under chapter 16C for purchase or lease of video display devices that is found to be in violation of paragraph (a) or sections 115A.1310 to 115A.1318 is subject to the following sanctions: (1) the contract must be voided if the commissioner of administration determines that the potential adverse impact to the state is exceeded by the benefit obtained from voiding the contract; (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part 1230.1150 ; and (3) if the attorney general establishes that any money, property, or benefit was obtained by a contractor as a result of violating paragraph (a) or sections 115A.1310 to 115A.1318 , the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit. 115A.1326 REGULATING VIDEO DISPLAY DEVICES. If the United States Environmental Protection Agency adopts regulations under the Resource Conservation and Recovery Act regarding the handling, storage, or treatment of any type of video display device being recycled, those regulations are automatically effective in this state on the same date and supersede any rules previously adopted by the agency regarding the handling, storage, or treatment of all video display devices being recycled. 115A.1328 MULTISTATE IMPLEMENTATION. The agency and department are authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter. 115A.1330 LIMITATIONS. Sections 115A.1310 to 115A.1330 expire if a federal law, or combination of federal laws, take effect that is applicable to all video display devices sold in the United States and establish a program for the collection and recycling or reuse of video display devices that is applicable to all video display devices discarded by households. 115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS. Subdivision 1. Definition. For the purpose of this section, "rechargeable battery" means a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, except a rechargeable battery governed by section 115A.9155 or exempted by the commissioner under subdivision 9. Subdivision 1. Definition. For the purpose of this section, "rechargeable battery" means a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, except a rechargeable battery governed by section 115A.9155 or exempted by the commissioner under subdivision 9. Subd. 2. Prohibition. Effective August 1, 1991, a person may not place in mixed municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack, from which all batteries or battery packs have not been removed. Subd. 2. Prohibition. Effective August 1, 1991, a person may not place in mixed municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack, from which all batteries or battery packs have not been removed. Subd. 3. Collection and management costs. A manufacturer of rechargeable batteries or products powered by rechargeable batteries is responsible for the costs of collecting and managing its waste rechargeable batteries and waste products to ensure that the batteries are not part of the solid waste stream. Subd. 3. Collection and management costs. A manufacturer of rechargeable batteries or products powered by rechargeable batteries is responsible for the costs of collecting and managing its waste rechargeable batteries and waste products to ensure that the batteries are not part of the solid waste stream. Subd. 5. Collection and management programs. (a) By September 20, 1995, the manufacturers or their representative organization shall implement permanent programs, based on the results of the pilot projects required in Minnesota Statutes 1994, section 115A.9157 , subdivision 4, that may be reasonably expected to collect 90 percent of the waste rechargeable batteries and the participating manufacturers' products powered by rechargeable batteries that are generated in the state. The batteries and products collected must be recycled or otherwise managed or disposed of properly. (b) In every odd-numbered year after 1995, each manufacturer or a representative organization shall provide information to the senate and house of representatives committees having jurisdiction over environment and natural resources and environment and natural resources finance that specifies at least the estimated amount of rechargeable batteries subject to this section sold in the state by each manufacturer and the amount of batteries each collected during the previous two years. A representative organization may report the amounts in aggregate for all the members of the organization. Subd. 5. Collection and management programs. (a) By September 20, 1995, the manufacturers or their representative organization shall implement permanent programs, based on the results of the pilot projects required in Minnesota Statutes 1994, section 115A.9157 , subdivision 4, that may be reasonably expected to collect 90 percent of the waste rechargeable batteries and the participating manufacturers' products powered by rechargeable batteries that are generated in the state. The batteries and products collected must be recycled or otherwise managed or disposed of properly. (b) In every odd-numbered year after 1995, each manufacturer or a representative organization shall provide information to the senate and house of representatives committees having jurisdiction over environment and natural resources and environment and natural resources finance that specifies at least the estimated amount of rechargeable batteries subject to this section sold in the state by each manufacturer and the amount of batteries each collected during the previous two years. A representative organization may report the amounts in aggregate for all the members of the organization. Subd. 6. List of participants. A manufacturer or its representative organization shall inform the committees listed in subdivision 5 when they begin participating in the projects and programs and immediately if they withdraw participation. Subd. 6. List of participants. A manufacturer or its representative organization shall inform the committees listed in subdivision 5 when they begin participating in the projects and programs and immediately if they withdraw participation. Subd. 7. Contracts. A manufacturer or a representative organization of manufacturers may contract with the state or a political subdivision to provide collection services under this section. The manufacturer or organization shall fully reimburse the state or political subdivision for the value of any contractual services rendered under this subdivision. Subd. 7. Contracts. A manufacturer or a representative organization of manufacturers may contract with the state or a political subdivision to provide collection services under this section. The manufacturer or organization shall fully reimburse the state or political subdivision for the value of any contractual services rendered under this subdivision. Subd. 8. Anticompetitive conduct. A manufacturer or organization of manufacturers and its officers, members, employees, and agents who participate in projects or programs to collect and properly manage waste rechargeable batteries or products powered by rechargeable batteries are immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce for activities related to the collection and management of batteries and products required under this section. Subd. 8. Anticompetitive conduct. A manufacturer or organization of manufacturers and its officers, members, employees, and agents who participate in projects or programs to collect and properly manage waste rechargeable batteries or products powered by rechargeable batteries are immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce for activities related to the collection and management of batteries and products required under this section. Subd. 9. Exemptions. To ensure that new types of batteries do not add additional hazardous or toxic materials to the mixed municipal solid waste stream, the commissioner of the agency may exempt a new type of rechargeable battery from the requirements of this section if it poses no unreasonable hazard when placed in and processed or disposed of as part of a mixed municipal solid waste. Subd. 9. Exemptions. To ensure that new types of batteries do not add additional hazardous or toxic materials to the mixed municipal solid waste stream, the commissioner of the agency may exempt a new type of rechargeable battery from the requirements of this section if it poses no unreasonable hazard when placed in and processed or disposed of as part of a mixed municipal solid waste. 325E.125 GENERAL AND SPECIAL PURPOSE BATTERY REQUIREMENTS. Subd. 3. Rechargeable tools and appliances. (a) A manufacturer may not sell, distribute, or offer for sale in this state a rechargeable consumer product unless: (1) the battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed; and (2) the product and the battery are both labeled in a manner that is clearly visible to the consumer indicating that the battery must be recycled or disposed of properly and the battery must be clearly identifiable as to the type of electrode used in the battery. (b) "Rechargeable consumer product" as used in this subdivision means any product that contains a rechargeable battery and is primarily used or purchased to be used for personal, family, or household purposes. (c) On application by a manufacturer, the commissioner of the Pollution Control Agency may exempt a rechargeable consumer product from the requirements of paragraph (a) if: (1) the product cannot be reasonably redesigned and manufactured to comply with the requirements prior to the effective date of Laws 1990, chapter 409, section 2; (2) the redesign of the product to comply with the requirements would result in significant danger to public health and safety; or (3) the type of electrode used in the battery poses no unreasonable hazards when placed in and processed or disposed of as part of mixed municipal solid waste. (d) An exemption granted by the commissioner of the Pollution Control Agency under paragraph (c), clause (1), must be limited to a maximum of two years and may be renewed. Subd. 4. Rechargeable batteries and products; notice. (a) A person who sells rechargeable batteries or products powered by rechargeable batteries governed by section 115A.9157 at retail shall post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing decisions. (b) The notice must be at least four inches by six inches and state: "ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS PRODUCTS: Under Minnesota law, manufacturers of rechargeable batteries, rechargeable battery packs, and products powered by nonremovable rechargeable batteries will provide a special collection system for these items by April 15, 1994. It is illegal to put rechargeable batteries in the garbage. Use the special collection system that will be provided in your area. Take care of our environment. DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE." (c) Notice is not required for home solicitation sales, as defined in section 325G.06 , or for catalogue sales. Subd. 5. Prohibitions. A manufacturer of rechargeable batteries or products powered by rechargeable batteries that does not participate in the pilot projects and programs required in section 115A.9157 may not sell, distribute, or offer for sale in this state rechargeable batteries or products powered by rechargeable batteries after January 1, 1992. 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 .