A bill for an act
relating to solid waste; establishing program to collect and recycle electronic waste;
creating an account; requiring a report; requiring rulemaking; appropriating money;
amending Minnesota Statutes 2022, section 115A.121; proposing coding for new
law in Minnesota Statutes, chapter 115A; repealing Minnesota Statutes 2022,
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.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 115A.121, is amended to read:


115A.121 TOXICS AND POLLUTION PREVENTION EVALUATION;
CONSOLIDATED REPORT.

The commissioner shall prepare and adopt a report on pollution prevention activities
required in chapters 115A, 115D, and 325E. deleted text begin The report must include activities required
under section 115A.1320.
deleted text end The commissioner must submit the report to the senate and house
of representatives committees having jurisdiction over environment and natural resources
by December 31, 2013, and every four years thereafter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 2.

new text begin [115A.1331] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 115A.1331 to 115A.1340, the following terms have the
meanings given.
new text end

new text begin (b) "Collector" means a public or private entity registered with the agency under section
115A.1332 to collect or receive discarded electronics recyclables and arrange for their
delivery to a transporter or recycler.
new text end

new text begin (c) "Electronics recyclable" means a product that is powered by, generates, stores, or
conducts electricity. Electronics recyclable does not include:
new text end

new text begin (1) an electric vehicle, as defined in section 169.011, subdivision 26a;
new text end

new text begin (2) industrial machinery;
new text end

new text begin (3) a major appliance;
new text end

new text begin (4) a solar photovoltaic panel;
new text end

new text begin (5) real property or fixtures; or
new text end

new text begin (6) a lead-acid battery.
new text end

new text begin (d) "Manufacturer" means a person who:
new text end

new text begin (1) manufactures electronics recyclables to be sold under its own brand as identified by
its own brand label; or
new text end

new text begin (2) sells electronics recyclables manufactured by others under its own brand as identified
by its own brand label.
new text end

new text begin (e) "Recycle":
new text end

new text begin (1) means to:
new text end

new text begin (i) disassemble, dismantle, or shred electronics recyclables to recover certain materials
or salvage components of electronics recyclables for use in new products; and
new text end

new text begin (ii) deliver the materials or components for further processing or use; and
new text end

new text begin (2) does not include:
new text end

new text begin (i) the destroying by incineration or other process or land disposal of recyclable materials
retrieved from electronics recyclables;
new text end

new text begin (ii) reuse;
new text end

new text begin (iii) repair; or
new text end

new text begin (iv) any other process through which electronics recyclables prepared to be reused in
their original form.
new text end

new text begin (f) "Recycler" means a person registered with the agency under section 115A.1333 to
conduct recycling on electronics recyclables. Recycler does not mean a person whose sole
operation with respect to electronics recyclables is to manually dismantle them.
new text end

new text begin (g) "Refurbished" means a used electronics recyclable that was recycled or returned to
the manufacturer, then tested and, if necessary, repaired by the manufacturer or a third party
before being sold again.
new text end

new text begin (h) "Retailer" means a person who offers an electronics recyclable for sale in the state.
Retailer does not include:
new text end

new text begin (1) a person who exclusively offers for sale in the state electronics recyclables whose
purchase price does not exceed $30; or
new text end

new text begin (2) a person whose sales of electronics recyclables in the state in the preceding calendar
year was less than $.......
new text end

new text begin (i) "Reuse" means:
new text end

new text begin (1) repairing, refurbishing, or enhancing an electronics recyclable so that it can be offered
for sale for the same purpose for which it was originally manufactured; or
new text end

new text begin (2) offering for sale a discarded electronics recyclable or any of its components that
have not undergone repair, refurbishment, or enhancement.
new text end

new text begin (j) "Transporter" means a person that transports discarded electronics recyclables from
a collector to a recycler.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 3.

new text begin [115A.1332] COLLECTOR REGISTRATION.
new text end

new text begin (a) A person may not operate as a collector of electronics recyclables unless the person
registers with the agency by July 15 each year on a form prescribed by the commissioner.
Registration information must include certification that the collector has complied and will
continue to comply with sections 115A.1331 to 115A.1340 and any regulations adopted by
a local government unit in the jurisdiction in which the collector operates. Registration is
effective upon receipt by the agency and is valid until July 15 each year.
new text end

new text begin (b) The commissioner may deny or revoke a registration under this section if the
commissioner determines that an excessive number of collectors would or does exist in a
given geographical area such that, based on the area's population and the expected level of
electronics recyclables to be collected from the area, the number of collectors is likely to
put at risk the economic viability of one or more collectors in that area.
new text end

new text begin (c) A person registered as a collector under this section may also register as a recycler
under section 115A.1333 if the person conducts both activities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 4.

new text begin [115A.1333] RECYCLER REGISTRATION.
new text end

new text begin A person may not operate as a recycler of electronics recyclables unless the person
registers with the agency by July 15 each year on a form prescribed by the commissioner.
Registration information must include certification that the collector:
new text end

new text begin (1) has complied and will continue to comply with sections 115A.1331 to 115A.1340;
new text end

new text begin (2) has complied and will continue to comply with all applicable health, environmental,
safety, and financial responsibility regulations;
new text end

new text begin (3) is licensed by all applicable governmental authorities;
new text end

new text begin (4) uses no prison labor to recycle electronics recyclables; and
new text end

new text begin (5) possesses liability insurance of not less than $1,000,000 for environmental releases,
accidents, and other emergencies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 5.

new text begin [115A.1334] DENIAL OF REGISTRATION.
new text end

new text begin The commissioner may deny a registration under section 115A.1332 or 115A.1333 if
the collector, the recycler, or an employee or officer of the collector or recycler has, as
determined by the commissioner, a history of:
new text end

new text begin (1) repeated violations of federal, state, or local laws, regulations, standards, or ordinances
related to collecting, recycling, or otherwise managing electronics recyclables;
new text end

new text begin