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S.F. No. 1427 - Electronics Recycling (2nd Engrossment)
Author: Senator Chris A. Eaton
Prepared By: Greg Knopff, Senate Analyst (651/296-9399)
Date: April 13, 2016


Section 1 [Portable battery definition] defines “portable battery” for the purpose of reporting under the electronics recycling law.

Section 2 [Recycling credits definition] modifies the definition of “recycling credits” to be based on the number of pounds recycled by the manufacturer during the first nine years of the electronics recycling program.

Section 3 [Video display device definition] modifies the definition of “video display device” to include screens that are seven inches or greater.  Under current law, the screens must be greater than nine inches to be included in the definition.

Section 4 [Manufacturer’s registration] provides that manufacturers of video display devices must annually register by August 15 instead of September 1.

Section 5 [Collector’s registration] provides that collectors of covered electronic devices must annually register by July 15 instead of July 1.  This section also specifies that the registration information must include information on local regulations and any end-of-life fees.

Section 6 [Recycler’s registration] provides that recyclers of covered electronic devices must annually register by July 15 instead of July 1.  This section also expands reporting to all covered electronic device facilities and makes the provision on consistency with state waste management laws mandatory.

Section 7 [Manufacturer’s registration fee] makes several changes to the manufacturer’s registration fee provisions, that:

  1. make the annual fee payable on August 15 rather than September 1;
  2. beginning in 2017, the fees will payable to the Pollution Control Agency (PCA) instead of the Department of Revenue;
  3. the registration is for those manufacturers that sell 100 or more video display devices;
  4. provide that the starting point for the variable recycling fee is the manufacturer’s recycling obligation, which will be determined by the PCA under Section 12 of the bill;
  5. remove a specific provision related to calculating the fee based on collections from outside the 11-county metropolitan area;
  6. remove specific provisions related to the first and ninth program year of the electronic recycling program; and
  7. remove any of the fee revenue being transferred to the Department of Revenue, since their duties under the electronics recycling law are being eliminated.

Section 8 [Reporting requirements]

               Subdivision 1 [Manufacturers] provides for direct annual reporting by August 15 to the PCA beginning in 2017, requires manufacturers with sales of fewer than 100 video display devices to report their method of calculating sales, and some technical changes.

               Subd. 2 [Recyclers] provides that recycler’s annual reports are due by July 15 and must include the weight of recycled of video display devices, portable batteries, and mercury-containing lamps.

               Subd. 3 [Collectors] provides that collector’s annual reports are due by July 15 and requires collectors to report on whether they had a contract with a recycler or manufacturer.  This subdivision also makes technical changes.

Section 9 [Manufacturer’s responsibilities] provides that manufacturers must annually recycle or arrange for recycling the number of video display devices determined by the PCA in Section 12 of the bill.  This section also provides that the manufacturer assumes financial responsibility for transport and recycling of the video display devices, and that recyclers used by the manufacturer must be accredited.

Section 10 [Collector’s responsibilities] directs collectors to turn over all covered electronic devices to a recycler or to a manufacturer, unless otherwise agreed to with the recycler or manufacturer.  This section also provides requirements for collection sites, allows the collector to limit the types of electronics collected, and requires collectors to use only registered recyclers.

Section 11 [Recycler’s responsibilities] provides that the responsibilities of recyclers are for all covered electronic devices instead of only video display devices and adds additional requirements to:

  1. use only registered collectors;
  2. provide an annual report to collectors on the video display devices received by that collector; and
  3. not charge collectors for management of video display devices.

Section 12 [PCA duties] transfers duties to the PCA from the Department of Revenue under the electronic recycling law and;

  1. makes technical changes related to the PCA annual review;
  2. has the PCA publish a statewide video display device recycling goal based on the previous three-year period;
  3. by August 15, each year, determine each registered manufacturer’s market share of video display devices to be collected and recycled;
  4. by September 1, each year, provide each manufacturer with the PCA’s determination of the manufacturer’s share video display devices to be collected and recycled;
  5. modifies the annual program report to include an examination of the covered electronic devices to be subject to the manufacturer’s requirements; and
  6. eliminates a form for retailers.

Sections 13 and 14 [Technical]

Section 15 [Repealer] repeals the definition of “department” (Department of Revenue).



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