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. 16. [Repealed, 2016 c 166 s 18]
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.
2007 c 48 s 1; 2016 c 166 s 1-6; 1Sp2021 c 6 art 2 s 85
Structure Minnesota Statutes
Chapters 114C - 116I — Environmental Protection
Chapter 115A — Waste Management
Section 115A.02 — Legislative Declaration Of Policy; Purposes.
Section 115A.03 — Definitions.
Section 115A.034 — Enforcement.
Section 115A.06 — Powers Of Pollution Control Agency.
Section 115A.07 — Duties; General.
Section 115A.0716 — Environmental Assistance Grant And Loan Program.
Section 115A.072 — Public Education.
Section 115A.073 — Environmental Education Goals And Plan.
Section 115A.074 — Environmental Education Resource Centers.
Section 115A.075 — Legislative Policy Against Disposal Of Hazardous Waste.
Section 115A.11 — Hazardous Waste Management Plan.
Section 115A.121 — Toxics And Pollution Prevention Evaluation; Consolidated Report.
Section 115A.1310 — Definitions.
Section 115A.1312 — Registration Program.
Section 115A.1314 — Manufacturer Registration Fee.
Section 115A.1316 — Reporting Requirements.
Section 115A.1318 — Responsibilities.
Section 115A.1320 — Agency And Department Duties.
Section 115A.1322 — Other Recycling Programs.
Section 115A.1323 — Anticompetitive Conduct.
Section 115A.1324 — Requirements For Purchases By State Agencies.
Section 115A.1326 — Regulating Video Display Devices.
Section 115A.1328 — Multistate Implementation.
Section 115A.1330 — Limitations.
Section 115A.1415 — Architectural Paint; Product Stewardship Program; Stewardship Plan.
Section 115A.142 — Report To Legislature And Governor.
Section 115A.15 — State Government Resource Recovery.
Section 115A.151 — Recycling Requirements; Public Entities; Commercial Buildings; Sports Facilities.
Section 115A.152 — Technical And Research Assistance To Generators.
Section 115A.158 — Requests For Proposals; Processing And Collection Facilities And Services.
Section 115A.175 — Siting And Facility Development Authority; Limitations.
Section 115A.18 — Legislative Findings; Purpose.
Section 115A.19 — Procedure Not Exclusive.
Section 115A.191 — Voluntary Contracts With Counties.
Section 115A.192 — Request For Proposals; Stabilization And Containment Facility.
Section 115A.193 — Report On Facility Development.
Section 115A.194 — Evaluating And Selecting Sites; Permits.
Section 115A.195 — Ownership; Agreements To Manage Facility.
Section 115A.20 — Evaluating Sites.
Section 115A.28 — Final Decision.
Section 115A.30 — Judicial Review.
Section 115A.301 — Indemnifying Certain Damages Arising From Stabilization And Containment Facility.
Section 115A.31 — Local Government Decisions; Timelines.
Section 115A.33 — Eligibility; Request For Review.
Section 115A.34 — Appointing Temporary Board Members.
Section 115A.35 — Review Procedure.
Section 115A.36 — Scope And Content Of Review.
Section 115A.37 — Final Decision Of Board.
Section 115A.38 — Reconciliation Procedures.
Section 115A.39 — Judicial Review.
Section 115A.411 — Solid Waste Management Policy; Consolidated Report.
Section 115A.415 — Substandard Disposal Facilities.
Section 115A.42 — Regional And Local Solid Waste Management Planning.
Section 115A.45 — Technical Assistance.
Section 115A.46 — Regional And Local Solid Waste Management Plan; Requirements.
Section 115A.471 — Public Entities; Managing Solid Waste.
Section 115A.48 — Market Development For Recyclable Materials And Compost.
Section 115A.49 — Solid Waste Management Projects.
Section 115A.50 — Eligible Recipients.
Section 115A.51 — Application Requirements.
Section 115A.52 — Technical Assistance For Projects.
Section 115A.54 — Waste Processing Facilities.
Section 115A.541 — Plan; Grant Requirement.
Section 115A.55 — Solid Waste Reduction.
Section 115A.5501 — Reducing Packaging In Waste.
Section 115A.5502 — Packaging Practices; Preferences; Goals.
Section 115A.552 — Opportunity To Recycle.
Section 115A.553 — Collecting And Transporting Recyclable Materials.
Section 115A.554 — Authority Of Sanitary Districts.
Section 115A.555 — Recycling Center Designation.
Section 115A.556 — Materials Used For Recycling.
Section 115A.557 — County Waste Reduction And Recycling Funding.
Section 115A.558 — Safety Guide.
Section 115A.559 — Composting; Competitive Grant Program.
Section 115A.565 — Recycling; Competitive Grant Program.
Section 115A.58 — State Waste Management Bonds.
Section 115A.59 — Bond Authorization.
Section 115A.62 — Purpose; Public Interest; Declaration Of Policy.
Section 115A.63 — Solid Waste Management Districts.
Section 115A.64 — Procedure For Establishing And Altering.
Section 115A.65 — Perpetual Existence.
Section 115A.66 — Termination.
Section 115A.67 — Organization Of District.
Section 115A.68 — Registered Office.
Section 115A.70 — Designating Resource Recovery Facilities.
Section 115A.71 — Bonding Powers.
Section 115A.715 — Solid Waste Authority.
Section 115A.80 — Designating Solid Waste Management Facilities; Legislative Finding.
Section 115A.81 — Definitions.
Section 115A.82 — Eligibility.
Section 115A.83 — Wastes Subject To Designation; Exemptions.
Section 115A.84 — Designation Plan.
Section 115A.86 — Implementing Designation.
Section 115A.87 — Judicial Review; Attorney General To Provide Counsel.
Section 115A.88 — Service Guarantee.
Section 115A.882 — Records; Inspection.
Section 115A.89 — Supervising Implementation.
Section 115A.893 — Petition For Exclusion.
Section 115A.90 — Definitions.
Section 115A.902 — Permit; Tire Collectors And Processors.
Section 115A.904 — Land Disposal Prohibited.
Section 115A.908 — Motor Vehicle Transfer Fee.
Section 115A.909 — Shredder Residue; Management.
Section 115A.912 — Waste Tires; Management.
Section 115A.914 — Administration; County Planning And Ordinances.
Section 115A.915 — Lead Acid Batteries; Land Disposal Prohibited.
Section 115A.9152 — Transporting Used Lead Acid Batteries.
Section 115A.9155 — Disposing Of Certain Dry Cell Batteries.
Section 115A.9157 — Rechargeable Batteries And Products.
Section 115A.916 — Motor Vehicle Fluids And Filters; Prohibitions.
Section 115A.917 — Certificate Of Need.
Section 115A.918 — Definitions.
Section 115A.919 — County Fee Authority.
Section 115A.921 — City Or Town; Fee Authority.
Section 115A.923 — Greater Minnesota; Landfill Cleanup Fee.
Section 115A.929 — Fees; Accounting.
Section 115A.93 — Licensing; Solid Waste Collection.
Section 115A.9301 — Solid Waste Collection; Volume- Or Weight-based Pricing.
Section 115A.9302 — Waste Deposit; Disclosure.
Section 115A.931 — Yard Waste; Prohibition.
Section 115A.932 — Mercury Prohibition.
Section 115A.935 — Solid Waste Generated Outside Minnesota.
Section 115A.936 — Construction Debris As Cover Material Prohibited.
Section 115A.94 — Organized Collection.
Section 115A.941 — Solid Waste; Required Collection.
Section 115A.945 — Visible Costs; Solid Waste Management.
Section 115A.95 — Recyclable Materials.
Section 115A.951 — Telephone Directories.
Section 115A.952 — Retail Sale Of Problem Materials; Uniform Labeling And Consumer Information.
Section 115A.956 — Solid Waste Disposal; Problem Materials.
Section 115A.9561 — Major Appliances.
Section 115A.9565 — Cathode-ray Tube Prohibition.
Section 115A.96 — Household Hazardous Waste; Management.
Section 115A.961 — Household Batteries; Collection, Processing, And Disposal.
Section 115A.965 — Prohibitions On Selected Toxics In Packaging.
Section 115A.9651 — Listed Metals In Specified Products; Enforcement.