.................... moves to amend H. F. No. 854, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. [115A.1310] DEFINITIONS.
1.4 Subdivision 1. Scope. For the purposes of sections 115A.1310 to 115A.1330, the
1.5following terms have the meanings given.
1.6 Subd. 2. Cathode-ray tube or CRT. "Cathode-ray tube" or "CRT" means a vacuum
1.7tube or picture tube used to convert an electronic signal into a visual image.
1.8 Subd. 3. Collection. "Collection" means the aggregation of covered electronic
1.9devices from households and includes all the activities up to the time the covered
1.10electronic devices are delivered to a recycler.
1.11 Subd. 4. Collector. "Collector" means a public or private entity that receives
1.12covered electronic devices from households and arranges for the delivery of the devices
1.13to a recycler.
1.14 Subd. 5. Computer. "Computer" means an electronic, magnetic, optical,
1.15electrochemical, or other high-speed data processing device performing logical, arithmetic,
1.16or storage functions, but does not include an automated typewriter or typesetter, a portable
1.17hand-held calculator or device, or other similar device.
1.18 Subd. 6. Computer monitor. "Computer monitor" means an electronic device that
1.19is a cathode-ray tube or flat panel display primarily intended to display information from a
1.20central processing unit or the Internet. Computer monitor includes a laptop computer.
1.21 Subd. 7. Covered electronic device. "Covered electronic device" means computers,
1.22peripherals, facsimile machines, DVD players, video cassette recorders, and video display
1.23devices that are sold to a household by means of retail, wholesale, or electronic commerce.
1.24 Subd. 8. Department. "Department" means the Department of Revenue.
2.1 Subd. 9. Dwelling unit. "Dwelling unit" has the meaning given in section 238.02,
2.3 Subd. 10. Household. "Household" means an occupant of a single detached
2.4dwelling unit or a single unit of a multiple dwelling unit located in this state who has used
2.5a video display device at a dwelling unit primarily for personal use.
2.6 Subd. 11. Manufacturer. "Manufacturer" means an existing person who:
2.7 (1) manufactures or manufactured video display devices to be sold under its own
2.8brand as identified by its own brand label; or
2.9 (2) sells or sold video display devices manufactured by others under its own brand
2.10as identified by its own brand label.
2.11 Subd. 12. Peripheral. "Peripheral" means a keyboard, printer, or any other device
2.12sold exclusively for external use with a computer that provides input or output into
2.13or from a computer.
2.14 Subd. 13. Program year. "Program year" means the period from January 1 through
2.15December 31 beginning on or after January 1, 2008.
2.16 Subd. 14. Recycler. "Recycler" means a public or private individual or entity who
2.17accepts covered electronic devices from households and collectors for the purpose of
2.18recycling. A manufacturer who takes products for refurbishment or repair is not a recycler.
2.19 Subd. 15. Recycling. "Recycling" means the process of collecting and preparing
2.20video display devices or covered electronic devices for use in manufacturing processes
2.21or for recovery of useable materials followed by delivery of such materials for use.
2.22Recycling does not include the destruction by incineration or other process or land
2.23disposal of recyclable materials nor reuse, repair, or any other process through which
2.24video display devices or covered electronic devices are returned to use for households in
2.25their original form.
2.26 Subd. 16. Recycling credits. "Recycling credits" means the number of pounds of
2.27video display devices recycled by a manufacturer from households during a program year,
2.28less the manufacturer's return share in weight for the same program year. The calculation
2.29and uses of recycling credits are as specified in section 115A.1314, subdivision 1.
2.30 Subd. 17. Retailer. "Retailer" means a person who sells, rents, or leases, through
2.31sales outlets, catalogs, or the Internet, a video display device to a household and not for
2.32resale in any form.
3.1 Subd. 18. Return share. "Return share" means the proportion of video display
3.2devices for which an individual manufacturer is responsible to recycle, as determined by
3.3the department pursuant to section 115A.1320, subdivision 2, paragraph (b).
3.4 Subd. 19. Return share in weight. "Return share in weight" means the total weight
3.5of video display devices for which an individual manufacturer is responsible to recycle, as
3.6determined by the department pursuant to section 115A.1320, subdivision 2, paragraph (c).
3.7 Subd. 20. Sell or sale. "Sell" or "sale" means any transfer for consideration of title
3.8or of the right to use, by lease or sales contract, including, but not limited to, transactions
3.9conducted through sales outlets, catalogs, or the Internet, or any other similar electronic
3.10means either inside or outside of the state, by a person who conducts the transaction
3.11and controls the delivery of a video display device to a consumer in the state, but does
3.12not include a manufacturer's or distributor's wholesale transaction with a distributor or
3.14 Subd. 21. Television. "Television" means an electronic device that is a cathode-ray
3.15tube or flat panel display primarily intended to receive video programming via broadcast,
3.16cable, or satellite transmission or video from surveillance or other similar cameras.
3.17 Subd. 22. Video display device. "Video display device" means a television or
3.18computer monitor, including a laptop computer, that contains a cathode-ray tube or a flat
3.19panel screen with a screen size that is greater than nine inches measured diagonally and
3.20that is marketed by manufacturers for use by households. Video display device does
3.21not include any of the following:
3.22 (1) a video display device that is part of a motor vehicle or any component part of a
3.23motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including
3.24replacement parts for use in a motor vehicle;
3.25 (2) a video display device, including a touch-screen display, that is functionally or
3.26physically part of a larger piece of equipment or is designed and intended for use in an
3.27industrial; commercial, including retail; library checkout; traffic control; kiosk; security,
3.28other than household security; border control; or medical setting, including diagnostic,
3.29monitoring, or control equipment;
3.30 (3) a video display device that is contained within a clothes washer, clothes dryer,
3.31refrigerator, refrigerator and freezer, microwave oven, conventional oven or range,
3.32dishwasher, room air conditioner, dehumidifier, or air purifier; or
3.33 (4) a telephone of any type unless it contains a video display area greater than nine
3.34inches measured diagonally.
Sec. 2. [115A.1312] REGISTRATION PROGRAM.
4.1 Subdivision 1. Requirements for sale. (a) On or after January 1, 2008, a
4.2manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale a
4.3new video display device unless:
4.4 (1) the video display device is labeled with the manufacturer's brand, which label is
4.5permanently affixed and readily visible; and
4.6 (2) the manufacturer has filed a registration with the agency, as specified in
4.8 (b) On or after January 1, 2008, a retailer who sells or offers for sale a new video
4.9display device to a household must, before the initial offer for sale, review the agency
4.10Web site specified in subdivision 2, paragraph (g), to determine that all new video display
4.11devices that the retailer is offering for sale are labeled with the manufacturer's brands that
4.12are registered with the agency.
4.13 (c) A retailer is not responsible for an unlawful sale under this subdivision if the
4.14manufacturer's registration expired or was revoked and the retailer took possession of the
4.15video display device prior to the expiration or revocation of the manufacturer's registration
4.16and the unlawful sale occurred within six months after the expiration or revocation.
4.17 Subd. 2. Manufacturer's registration. (a) By November 1, 2007, and each year
4.18thereafter by January 1, beginning in 2009, a manufacturer of video display devices sold
4.19or offered for sale to households must submit a registration to the agency that includes:
4.20 (1) a list of all of the manufacturer's brands of video display devices;
4.21 (2) the name, address, and contact information of a person responsible for ensuring
4.22compliance with this chapter; and
4.23 (3) a certification that the manufacturer has complied and will continue to comply
4.24with the requirements of sections 115A.1312 to 115A.1318.
4.25 (b) By January 1, 2009, and each year thereafter, a manufacturer of video display
4.26devices sold or offered for sale to a household must include in the registration submitted
4.27under paragraph (a), a statement disclosing whether any video display devices sold to
4.28households exceed the maximum concentration values established for lead, mercury,
4.29cadmium, hexavalent chromium, polybrominated biphenyls (PBBs), and polybrominated
4.30diphenyl ethers (PBDEs) under the RoHS (restricting the use of certain hazardous
4.31substances in electrical and electronic equipment) Directive 2002/95/EC of the European
4.32Parliament and Council and any amendments thereto.
4.33 (c) A manufacturer who begins to sell or offer for sale video display devices to
4.34households after November 1, 2007, and has not filed a registration under this subdivision
4.35must submit to the agency a registration that includes the information specified in
4.36paragraph (a) within ten days of beginning to sell or offer for sale video display devices
5.1to households and each year thereafter by January 1. A manufacturer to whom the
5.2department provides notification of a return share and return share in weight pursuant
5.3to section 115A.1320, subdivision 2, paragraph (d), and who has not previously filed
5.4a registration must submit to the agency a registration that includes the information
5.5specified in paragraph (a) within 30 days of receiving such notification and each year
5.6thereafter by January 1.
5.7 (d) A registration must be updated within ten days after a change in the
5.8manufacturer's brands of video display devices sold or offered for sale to households.
5.9 (e) A registration is effective upon receipt by the agency and is valid until December
5.1031 of each year.
5.11 (f) The agency must review each registration and notify the manufacturer of any
5.12information required by this section that is omitted from the registration. Within 30 days
5.13of receipt of a notification from the agency, the manufacturer must submit a revised
5.14registration providing the information noted by the agency.
5.15 (g) Beginning December 1, 2007, the agency must maintain on its Web site the
5.16names of registered manufacturers and the manufacturers' brands listed in registrations
5.17filed with the agency. The agency must update the Web site information promptly upon
5.18receipt of a new or updated registration. The Web site must contain prominent language
5.19stating, in effect, that sections 115A.1310 to 115A.1330 are directed at household
5.20equipment and the manufacturers' brands list is, therefore, not a list of manufacturers
5.21qualified to sell to industrial, commercial, or other markets identified as exempt from the
5.22requirements of sections 115A.1310 to 115A.1330.
5.23 Subd. 3. Collector's registration. After January 1, 2008, no person may operate as
5.24a collector of covered electronic devices from households unless that person has submitted
5.25a registration with the agency on a form prescribed by the commissioner. Registration
5.26information must include the name, address, telephone number, and location of the
5.27business and a certification that the collector has complied and will continue to comply
5.28with the requirements of sections 115A.1312 to 115A.1318. A registration is effective
5.29upon receipt by the agency and is valid until December 31 of each year.
5.30 Subd. 4. Recycler's registration. After January 1, 2008, no person may recycle
5.31video display devices generated by households unless that person has submitted a
5.32registration with the agency on a form prescribed by the commissioner. Registration
5.33information must include the name, address, telephone number, and location of all
5.34recycling facilities under the direct control of the recycler that may receive video
5.35display devices from households and a certification that the recycler has complied and
5.36will continue to comply with the requirements of sections 115A.1312 to 115A.1318. A
6.1registered recycler may conduct recycling activities that are consistent with this chapter.
6.2A registration is effective upon receipt by the agency and is valid until December 31 of
Sec. 3. [115A.1314] MANUFACTURER'S REGISTRATION FEE; CREATION
6.6 Subdivision 1. Registration fee. (a) Each manufacturer who registers under section
6.7115A.1312 must, upon registration, and each year thereafter by January 30, beginning the
6.8year after the manufacturer begins recycling or arranging for the collection and recycling
6.9of video display devices pursuant to section 115A.1318, subdivision 1, paragraph (b), pay
6.10to the commissioner of revenue an annual registration fee. The commissioner of revenue
6.11must deposit the fee in the account established in subdivision 2.
6.12 (b) The initial registration fee is $2,500. Each year thereafter, the registration fee
6.13is equal to a base fee of $2,500, plus a variable recycling fee calculated according to the
6.15 (A- (B + C)) x D, where:
6.16 (1) A = the manufacturer's return share in weight of video display devices for the
6.17previous program year;
6.18 (2) B = the number of pounds of video display devices recycled by a manufacturer
6.19from households during the previous program year, as reported to the department under
6.20section 115A.1316, subdivision 1;
6.21 (3) C = the number of recycling credits a manufacturer elects to use to calculate the
6.22variable recycling fee, as reported to the department under section 115A.1316, subdivision
6.24 (4) D = the estimated per-pound cost of recycling, initially set at $0.50 per pound.
6.25 (c) If the term (B - A) equals a positive number of pounds, that amount is defined as
6.26the manufacturer's recycling credits. A manufacturer may retain recycling credits to be
6.27added, in whole or in part, to the actual value of B, as reported under section 115A.1316,
6.28subdivision 1, during any of the three succeeding program years. A manufacturer may sell
6.29any portion or all of its recycling credits to another manufacturer, at a price negotiated by
6.30the parties, who may use the credits in the same manner.
6.31 (d) For the purpose of calculating a manufacturer's variable recycling fee under
6.32paragraph (b), the weight of video display devices collected from households located in
6.33counties other than Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Kanabec, Le Sueur,
6.34McLeod, Meeker, Pine, Ramsey, Renville, Rice, Scott, Sherburne, Sibley, Washington,
6.35and Wright is calculated at 1.3 times their actual weight.
7.1 (e) The registration fee for the initial program year and the base registration fee
7.2thereafter for a manufacturer who produces fewer than 100 video display devices for sale
7.3annually to households is $1,250.
7.4 Subd. 2. Creation of account; appropriations. (a) The electronic waste account is
7.5established in the environmental fund. The commissioner of revenue must deposit receipts
7.6from the fee established in subdivision 2 in the account. Any interest earned on the account
7.7must remain in the account. Money from other sources may be credited to the account.
7.8 (b) The legislature shall appropriate money from the account:
7.9 (1) to the commissioner of the Pollution Control Agency and the commissioner of
7.10revenue for the purpose of implementing sections 115A.1312 to 115A.1330; and
7.11 (2) to the commissioner of the Pollution Control Agency to be distributed on a
7.12competitive basis through contracts with counties outside the 11-county metropolitan
7.13area, as defined in paragraph (c), and with private entities that collect, transport, or
7.14recycle covered electronic devices from households in counties outside the 11-county
7.15metropolitan area, where the collection, transportation, and recycling is consistent with the
7.16respective county's solid waste plan, for the purpose of carrying out the activities under
7.17sections 115A.1312 to 115A.1330, which activities may include collection, transportation,
7.18and recycling of covered electronic devices.
7.19 (c) The 11-county metropolitan area consists of the counties of Anoka, Carver,
7.20Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
Sec. 4. [115A.1316] REPORTING REQUIREMENTS.
7.22 Subdivision 1. Manufacturer's reporting requirements. (a) By January 30 of
7.23each year, beginning the year after the manufacturer begins recycling or arranging for
7.24the collection and recycling of video display devices pursuant to section 115A.1318,
7.25subdivision 1, paragraph (b), each manufacturer must report to the department the results
7.26of an auditable, statistically significant sampling of video display devices collected
7.27from households by the manufacturer during the previous program year. The sampling
7.28information shall consist of a list of brands of video display devices and the weight of
7.29video display devices that are identified for each brand.
7.30 (b) By January 30 of each year, beginning the year after the manufacturer begins
7.31recycling or arranging for the collection and recycling of video display devices pursuant
7.32to section 115A.1318, subdivision 1, paragraph (b), each manufacturer must report to
7.33the department the total weight of video display devices collected from households and
7.34recycled during the preceding program year. If a manufacturer wishes to receive the
7.35variable recycling rate of 1.3 for video display devices it recycles, the manufacturer must
7.36report separately the total weight of video display devices collected from households
8.1located in counties specified in section 115A.1314, subdivision 1, paragraph (d), and those
8.2collected from households located outside those counties.
8.3 (c) By January 30 of each year, beginning the year after the manufacturer begins
8.4recycling or arranging for the collection and recycling of video display devices pursuant
8.5to section 115A.1318, subdivision 1, paragraph (b), each manufacturer must report to
8.7 (1) the number of recycling credits the manufacturer has purchased and sold during
8.8the preceding program year;
8.9 (2) the number of recycling credits possessed by the manufacturer that the
8.10manufacturer elects to use in the calculation of its variable recycling fee under section
8.11115A.1314, subdivision 1; and
8.12 (3) the number of recycling credits the manufacturer retains at the beginning of
8.13the current program year.
8.14 Subd. 2. Recycler's reporting requirements. (a) By January 30 of each year,
8.15beginning in 2009, a recycler that received money pursuant to section 115A.1314,
8.16subdivision 2, paragraph (b), clause (2), must report to the department the total weight
8.17of video display devices from households recycled during the preceding program year
8.18with such money.
8.19 (b) By January 30 of each year, beginning in 2009, a recycler must report to the
8.20agency the total weight of covered electronic devices from households recycled during
8.21the preceding program year and must certify that the recycler has complied with section
8.22115A.1318, subdivision 2.
8.23 Subd. 3. Collector's reporting requirements. By January 30 of each year,
8.24beginning in 2009, a collector must report separately to the agency the total pounds of
8.25covered electronic devices collected from households in the counties specified in section
8.26115A.1314, subdivision 1, paragraph (d), and all other Minnesota counties, and a list of all
8.27recyclers to whom collectors delivered covered electronic devices.
Sec. 5. [115A.1318] RESPONSIBILITIES.
8.29 Subdivision 1. Manufacturer's responsibilities. (a) In addition to fulfilling the
8.30requirements of sections 115A.1310 to 115A.1330, a manufacturer must comply with
8.31paragraphs (b) to (d).
8.32 (b) A manufacturer must annually recycle or arrange for the collection and recycling
8.33of an amount of video display devices equal to the manufacturer's return share in weight,
8.34as established by the department under section 115A.1320, subdivision 2, paragraph (c).
9.1 (c) The obligations of a manufacturer apply only to video display devices used and
9.2discarded by households in this state and do not apply to video display devices used or
9.3discarded by sources other than households in this state.
9.4 (d) A manufacturer must conduct and document due diligence assessments of
9.5collectors and recyclers it contracts with, including an assessment of items specified
9.6under subdivision 2. A manufacturer is responsible for maintaining, for a period of three
9.7years, documentation that all video display devices recycled, partially recycled, or sent to
9.8downstream recycling operations comply with the requirements of subdivision 2.
9.9 Subd. 2. Recycler's responsibilities. (a) As part of the report submitted under
9.10section 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph
9.11(b), that facilities that recycle video display devices from households, including all
9.12downstream recycling operations:
9.13 (1) comply with all applicable health, environmental, safety, and financial
9.15 (2) are licensed by all applicable governmental authorities;
9.16 (3) use no prison labor to recycle video display devices; and
9.17 (4) possess liability insurance of not less than $1,000,000 for environmental releases,
9.18accidents, and other emergencies.
9.19 (b) A nonprofit corporation that contracts with a correctional institution to refurbish
9.20and reuse donated computers in schools is exempt from paragraph (a), clauses (3) and (4).
9.21 (c) Except to the extent otherwise required by law, a recycler has no responsibility
9.22for any data that may be contained in a covered electronic device if an information storage
9.23device is included in the covered electronic device.
9.24 Subd. 3. Retailer's responsibilities. A retailer who sells new video display devices
9.25shall provide information to households describing where and how they may recycle
9.26video display devices and advising them of opportunities and locations for the convenient
9.27collection of video display devices for the purpose of recycling. This requirement may
9.28be met by providing to households the agency's toll-free number and Web site address.
9.29Retailers selling through catalogs or the Internet may meet this requirement by including
9.30the information in a prominent location on the retailer's Web site.
Sec. 6. [115A.1320] AGENCY AND DEPARTMENT DUTIES.
9.32 Subdivision 1. Duties of the agency. (a) The agency shall administer sections
9.33115A.1310 to 115A.1330.
9.34 (b) The agency shall establish procedures for:
10.1 (1) receipt and maintenance of the registration statements and certifications filed
10.2with the agency under section 115A.1312; and
10.3 (2) making the statements and certifications easily available to manufacturers,
10.4retailers, and members of the public.
10.5 (c) The agency shall annually review the value of the following variables that are
10.6part of the formula used to calculate a manufacturer's annual registration fee under section
10.7115A.1314, subdivision 1:
10.8 (1) the estimated per-pound price of recycling video display devices sold to
10.10 (2) the base registration fee.
10.11 If the agency determines that any of these values must be changed in order
10.12to improve the efficiency or effectiveness of the activities regulated under sections
10.13115A.1312 to 115A.1330, it shall present those recommendations and the reasons for
10.14them to the chairs of the senate and house of representatives committees with jurisdiction
10.15over solid waste policy.
10.16 (d) The agency shall manage the account established in section 115A.1314,
10.18 (e) On or before December 1, 2010, and each year thereafter, the agency shall
10.19provide a report to the governor and the legislature on the implementation of sections
10.20115A.1310 to 115A.1330. For each program year, the report must discuss the total weight
10.21of video display devices recycled and a summary of information in the reports submitted
10.22by manufacturers and recyclers under section 115A.1316. The report must also discuss
10.23the various collection programs used by manufacturers to collect video display devices;
10.24information regarding covered electronic devices that are being collected by persons other
10.25than registered manufacturers, collectors, and recyclers; and information about covered
10.26electronic devices, if any, being disposed of in landfills in this state. The report must
10.27include a description of enforcement actions under sections 115A.1310 to 115A.1330.
10.28The agency may include in its report other information received by the agency regarding
10.29the implementation of sections 115A.1312 to 115A.1330.
10.30 (f) The agency shall promote public participation in the activities regulated under
10.31sections 115A.1312 to 115A.1330 through public education and outreach efforts.
10.32 (g) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
10.33provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
10.34provisions enforced by the department, as provided in subdivision 2. The agency may
10.35revoke a registration of a collector or recycler found to have violated sections 115A.1310
11.1 (h) The agency shall facilitate communication between counties, collection and
11.2recycling centers, and manufacturers to ensure that manufacturers are aware of video
11.3display devices available for recycling.
11.4 Subd. 2. Duties of the department. (a) The department must collect the data
11.5submitted to it annually by each manufacturer on the weight of video display devices
11.6collected from households that is recycled and data on recycling credits, as required under
11.7section 115A.1316. The department must use this data to review each manufacturer's
11.8annual registration fee submitted to the department to ensure that the fee was calculated
11.9accurately according to the formula in section 115A.1314, subdivision 1.
11.10 (b) The department must determine the return share for each program year for
11.11each manufacturer by dividing the weight of video display devices identified for each
11.12manufacturer by the total weight of video display devices identified for all manufacturers.
11.13For the first program year, the return share of video display devices identified for each
11.14manufacturer shall be based on the best available public return share data from the United
11.15States, including data from other states or counties within Minnesota, for video display
11.16devices from households. For the second and each subsequent program year, the return
11.17share of video display devices identified for each manufacturer shall be based on the most
11.18recent samplings of video display devices conducted in this state pursuant to section
11.19115A.1316, subdivision 1, paragraph (a).
11.20 (c) The department must determine the return share in weight for each program year
11.21for each manufacturer for whom a return share is determined pursuant to paragraph (b)
11.22of this subdivision by multiplying the return share for each such manufacturer by the
11.23total weight in pounds of video display devices collected from households the previous
11.24program year. For the first program year, the total weight in pounds of video display
11.25devices shall be based on the best available public weight data from the United States,
11.26including data from other states, for video display devices from covered entities. For the
11.27second and each subsequent program year, the total weight in pounds of video display
11.28devices shall be based on the total weight of video display devices reported to the
11.29department pursuant to section 115A.1316, subdivision 1, paragraph (b), and section
11.30115A.1316, subdivision 2, paragraph (a).
11.31 (d) By September 1, 2007, the department shall provide each manufacturer for
11.32whom a return share is determined pursuant to paragraph (a) of this subdivision with its
11.33return share and its return share in weight for the first program year. Each year thereafter,
11.34by February 15, beginning in 2009, the department shall provide each manufacturer for
11.35whom a return share is determined pursuant to paragraph (a) of this subdivision with its
11.36return share and its return share in weight for the second and subsequent program years.
12.1 (e) The department must enforce section 115A.1314, subdivision 1. The audit,
12.2assessment, appeal, collection, enforcement, disclosure, and other administrative
12.3provisions of chapters 270B, 270C, and 289A that apply to the taxes imposed under
12.4chapter 297A apply to the fee imposed under section 115A.1314, subdivision 1. To
12.5enforce this subdivision, the commissioner of revenue may grant extensions to pay,
12.6and impose and abate penalties and interest on, the fee due under section 115A.1314,
12.7subdivision 1, in the manner provided in chapters 270C and 289A as if the fee were a
12.8tax imposed under chapter 297A.
12.9 (f) The department may disclose nonpublic data to the agency only when necessary
12.10for the efficient and effective administration of the activities regulated under sections
12.11115A.1310 to 115A.1330. Any data disclosed by the department to the agency retains the
12.12classification it had when in the possession of the department.
Sec. 7. [115A.1322] OTHER RECYCLING PROGRAMS.
12.14 A city, county, or other public agency may not require households to use public
12.15facilities to recycle their covered electronic devices to the exclusion of other lawful
12.16programs available. Nothing in sections 115A.1310 to 115A.1330 prohibits or restricts
12.17the operation of any program recycling covered electronic devices in addition to those
12.18provided by manufacturers or prohibits or restricts any persons from receiving, collecting,
12.19transporting, or recycling covered electronic devices, provided that those persons are
12.20registered under section 115A.1312.
Sec. 8. [115A.1324] REQUIREMENTS FOR PURCHASES BY STATE
12.23 (a) The Department of Administration must ensure that acquisitions of video display
12.24devices under chapter 16C are in compliance with sections 115A.1310 to 115A.1318.
12.25 (b) The bid solicitation documents must specify that the prospective bidder is
12.26required to cooperate fully in providing reasonable access to its records and documents
12.27that evidence compliance with paragraph (a) and sections 115A.1310 to 115A.1318.
12.28 (c) Any person awarded a contract under chapter 16C for purchase or lease of video
12.29display devices that is found to be in violation of paragraph (a) or sections 115A.1310 to
12.30115A.1318 is subject to the following sanctions:
12.31 (1) the contract must be voided;
12.32 (2) the contractor is ineligible to bid on any state contract for video display devices
12.33for a period of three years; and
12.34 (3) if the attorney general establishes that any money, property, or benefit was
12.35obtained by a contractor as a result of violating paragraph (a) or sections 115A.1310 to
13.1115A.1318, the court may, in addition to any other remedy, order the disgorgement of the
13.2unlawfully obtained money, property, or benefit.
Sec. 9. [115A.1326] REGULATION OF VIDEO DISPLAY DEVICES.
13.4 If the United States Environmental Protection Agency adopts regulations under the
13.5Resource Conservation and Recovery Act regarding the handling, storage, or treatment
13.6of any type of video display device being recycled, those regulations are automatically
13.7effective in this state on the same date and supersede any rules previously adopted by the
13.8agency regarding the handling, storage, or treatment of all video display devices being
Sec. 10. [115A.1328] MULTISTATE IMPLEMENTATION.
13.11 The agency and department are authorized to participate in the establishment and
13.12implementation of a regional multistate organization or compact to assist in carrying out
13.13the requirements of this chapter.
Sec. 11. [115A.1330] LIMITATIONS.
13.15 Sections 115A.1310 to 115A.1330 expire if a federal law, or combination of federal
13.16laws, take effect that is applicable to all video display devices sold in the United States
13.17and establish a program for the collection and recycling or reuse of video display devices
13.18that is applicable to all video display devices discarded by households.
Sec. 12. EFFECTIVE DATE.
13.20 Sections 1 to 11 are effective the day following final enactment.