Bill Text: MN SF2192 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Lead and mercury products prohibition and regulation; formaldehyde in children's products prohibition modification; cleaning products with triclosan prohibition
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2014-05-16 - Secretary of State, Filed [SF2192 Detail]
Download: Minnesota-2013-SF2192-Introduced.html
Bill Title: Lead and mercury products prohibition and regulation; formaldehyde in children's products prohibition modification; cleaning products with triclosan prohibition
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2014-05-16 - Secretary of State, Filed [SF2192 Detail]
Download: Minnesota-2013-SF2192-Introduced.html
1.2relating to environment; prohibiting and regulating certain lead and mercury
1.3products;amending Minnesota Statutes 2012, sections 115A.932, subdivision 1;
1.4116.92, subdivisions 4, 5, 6, by adding a subdivision; proposing coding for new
1.5law in Minnesota Statutes, chapter 116.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 115A.932, subdivision 1, is amended to
1.8read:
1.9 Subdivision 1. Prohibitions and recycling requirements. (a) A person may not
1.10place mercury or athermostat, thermometer, electric switch, appliance, gauge, medical
1.11or scientific instrument, fluorescent or high-intensity discharge lamp, electric relay, or
1.12other electrical mercury-containing device or product, as defined under section 116.92,
1.13subdivision 10, from which the mercury has not been removed for reuse or recycling:
1.14(1) in solid waste; or
1.15(2) in a wastewater disposal system.
1.16(b) A person may not knowingly place mercury or athermostat, thermometer,
1.17electric switch, appliance, gauge, medical or scientific instrument, fluorescent or
1.18high-intensity discharge lamp, electric relay, or other electrical mercury-containing device
1.19 or product, as defined under section 116.92, subdivision 10, from which the mercury has
1.20not been removed for reuse or recycling:
1.21(1) in a solid waste processing facility; or
1.22(2) in a solid waste disposal facility.
1.23(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery
1.24of the lamp to a lamp recycling facility, as defined in section116.93, subdivision 1 , or
1.25to a facility that collects and stores lamps for the purpose of delivering them to a lamp
2.1recycling facility, including, but not limited to, a household hazardous waste collection
2.2or recycling facility, retailer take-back and utility provider program sites, or other sites
2.3designated by an electric utility under section216B.241, subdivisions 2 and 4.
2.4 Sec. 2. Minnesota Statutes 2012, section 116.92, subdivision 4, is amended to read:
2.5 Subd. 4. Removal from service; products containing mercury. (a) When an item
2.6listed insubdivision 3 this section is removed from service, the mercury in the item must
2.7be reused, recycled, or otherwise managed to ensure compliance with section115A.932 .
2.8(b) A person who is in the business of replacing or repairing an item listed in
2.9subdivision 3 this section in households shall ensure, or deliver the item to a facility that
2.10will ensure, that the mercury contained in an item that is replaced or repaired is reused or
2.11recycled or otherwise managed in compliance with section115A.932 .
2.12(c) A person may not crush a motor vehicle unless the person has first made a good
2.13faith effort to remove all of the mercury switches in the motor vehicle.
2.14 Sec. 3. Minnesota Statutes 2012, section 116.92, subdivision 5, is amended to read:
2.15 Subd. 5. Thermostats. (a) A manufacturer of thermostats that contain mercury or
2.16that may replace thermostats that contain mercury is responsible for the costs of collecting
2.17and managing the replaced mercury-containing thermostats to ensure that the thermostats
2.18do not become part of the solid waste stream.
2.19(b) A manufacturer of thermostats that contain mercury or that may replace
2.20thermostats that contain mercury shall, in addition to the requirements of subdivision 3,
2.21provide financial and nonfinancial incentives for and sufficient information to purchasers
2.22and consumers of the thermostats for the purchasers or consumers to ensure that mercury
2.23in thermostats being removed from service is reused or recycled or otherwise managed
2.24in compliance with section115A.932 . A manufacturer that has complied with this
2.25subdivision is not liable for improper disposal by purchasers or consumers of thermostats.
2.26(c) A manufacturer subject to this subdivision, or an organization of such
2.27manufacturers and its officers, members, employees, and agents, may participate in
2.28projects or programs to collect and properly manage waste thermostats. Any person
2.29who participates in such a project or program is immune from liability under state law
2.30relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade
2.31or commerce for activities related to the collection and management of the thermostats
2.32under this subdivision.
2.33(d) A manufacturer or organization of manufacturers that participates in a project or
2.34program under paragraph (c) must report at least annually to the agency. The report must:
3.1(1) describe how the program operates;
3.2(2) describe who is eligible to participate in the program;
3.3(3) identify participants; and
3.4(4) state the number of thermostats remitted by each participant.
3.5(e) For the purposes of this subdivision, "thermostat" means a temperature control
3.6device that may contain elemental mercury in a sealed component that serves as a switch
3.7or temperature-sensing element and a sealed component that has been removed from
3.8such a temperature control device.
3.9 Sec. 4. Minnesota Statutes 2012, section 116.92, subdivision 6, is amended to read:
3.10 Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or
3.11retailer may not sell or distribute at no cost a thermometer containing mercury that was
3.12manufactured after June 1, 2001.
3.13(b) Paragraph (a) does not apply to:
3.14(1) an electronic thermometer with a battery containing mercury if the battery is in
3.15compliance with section325E.125 ;.
3.16(2) a mercury thermometer used for food research and development or food
3.17processing, including meat, dairy products, and pet food processing;
3.18(3) a mercury thermometer that is a component of an animal agriculture climate
3.19control system or industrial measurement system until such time as the system is replaced
3.20or a nonmercury component for the system is available; or
3.21(4) a mercury thermometer used for calibration of other thermometers, apparatus, or
3.22equipment, unless a nonmercury calibration standard is approved for the application by
3.23the National Institute of Standards and Technology.
3.24(c) A manufacturer is in compliance with this subdivision if the manufacturer:
3.25(1) has received an exclusion or exemption from a state that is a member of the
3.26Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement
3.27parts when no alternative is available or for an application when no feasible alternative is
3.28available;
3.29(2) submits a copy of the approved exclusion or exemption to the commissioner; and
3.30(3) meets all of the requirements in the approved exclusion or exemption for the
3.31manufacturer's activities within the state.
3.32 Sec. 5. Minnesota Statutes 2012, section 116.92, is amended by adding a subdivision to
3.33read:
4.1 Subd. 8k. Ban; mercury in balancing and damping products and equipment.
4.2A person may not sell, offer for sale, distribute, install, or use in the state a
4.3mercury-containing product or mercury-containing equipment that is used for balancing,
4.4damping, or providing a weight or counterweight function.
4.5EFFECTIVE DATE.This section is effective January 1, 2015.
4.6 Sec. 6. [116.931] WHEEL WEIGHTS AND BALANCING PRODUCTS; LEAD
4.7AND MERCURY PROHIBITION.
4.8 Subdivision 1. Tire service. When replacing or balancing a tire on a motor vehicle
4.9or aircraft, a person may not use a wheel weight or other product for balancing motor
4.10vehicle or aircraft wheels if the weight or other balancing product contains lead or mercury
4.11that was intentionally added during the manufacture of the product.
4.12 Subd. 2. Sales ban. A person may not sell or offer to sell or distribute weights
4.13or other products for balancing motor vehicle or aircraft wheels if the weight or other
4.14balancing product contains lead or mercury that was intentionally added during the
4.15manufacture of the product.
4.16 Subd. 3. New motor vehicles. A person may not sell a new motor vehicle or
4.17aircraft that is equipped with a weight or other product for balancing wheels if the weight
4.18or other balancing product contains lead or mercury that was intentionally added during
4.19the manufacture of the product. For purposes of this subdivision, "new motor vehicle"
4.20means a motor vehicle that has not been previously sold to a person except a distributor,
4.21wholesaler, or motor vehicle dealer for resale.
4.22 Subd. 4. Salvage. A person may not shred or crush, or market for shredding or
4.23crushing, any motor vehicle, aircraft, watercraft, or railroad or industrial equipment,
4.24or any portion thereof, without:
4.25(1) inspecting the vehicle or equipment; and
4.26(2) removing all weights or other products for balancing wheels or other equipment
4.27if the weights or balancing products contain lead or mercury that was intentionally added
4.28during the manufacture of the weights or balancing products.
4.29 Subd. 5. Management of wheel weights and balancing products. Mercury in
4.30wheel weights and other balancing products for vehicle and aircraft wheels must be recycled
4.31or otherwise managed to comply with sections 115A.932 and 116.92 and to ensure that
4.32they do not become part of the solid waste stream and are not released to the environment.
4.33EFFECTIVE DATE.This section is effective January 1, 2015.
1.3products;amending Minnesota Statutes 2012, sections 115A.932, subdivision 1;
1.4116.92, subdivisions 4, 5, 6, by adding a subdivision; proposing coding for new
1.5law in Minnesota Statutes, chapter 116.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 115A.932, subdivision 1, is amended to
1.8read:
1.9 Subdivision 1. Prohibitions and recycling requirements. (a) A person may not
1.10place mercury or a
1.11
1.12
1.13subdivision 10, from which the mercury has not been removed for reuse or recycling:
1.14(1) in solid waste; or
1.15(2) in a wastewater disposal system.
1.16(b) A person may not knowingly place mercury or a
1.17
1.18
1.19 or product, as defined under section 116.92, subdivision 10, from which the mercury has
1.20not been removed for reuse or recycling:
1.21(1) in a solid waste processing facility; or
1.22(2) in a solid waste disposal facility.
1.23(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery
1.24of the lamp to a lamp recycling facility, as defined in section
1.25to a facility that collects and stores lamps for the purpose of delivering them to a lamp
2.1recycling facility, including, but not limited to, a household hazardous waste collection
2.2or recycling facility, retailer take-back and utility provider program sites, or other sites
2.3designated by an electric utility under section
2.4 Sec. 2. Minnesota Statutes 2012, section 116.92, subdivision 4, is amended to read:
2.5 Subd. 4. Removal from service; products containing mercury. (a) When an item
2.6listed in
2.7be reused, recycled, or otherwise managed to ensure compliance with section
2.8(b) A person who is in the business of replacing or repairing an item listed in
2.9
2.10will ensure, that the mercury contained in an item that is replaced or repaired is reused or
2.11recycled or otherwise managed in compliance with section
2.12(c) A person may not crush a motor vehicle unless the person has first made a good
2.13faith effort to remove all of the mercury switches in the motor vehicle.
2.14 Sec. 3. Minnesota Statutes 2012, section 116.92, subdivision 5, is amended to read:
2.15 Subd. 5. Thermostats. (a) A manufacturer of thermostats that contain mercury or
2.16that may replace thermostats that contain mercury is responsible for the costs of collecting
2.17and managing the replaced mercury-containing thermostats to ensure that the thermostats
2.18do not become part of the solid waste stream.
2.19(b) A manufacturer of thermostats that contain mercury or that may replace
2.20thermostats that contain mercury shall, in addition to the requirements of subdivision 3,
2.21provide financial and nonfinancial incentives for and sufficient information to purchasers
2.22and consumers of the thermostats for the purchasers or consumers to ensure that mercury
2.23in thermostats being removed from service is reused or recycled or otherwise managed
2.24in compliance with section
2.25subdivision is not liable for improper disposal by purchasers or consumers of thermostats.
2.26(c) A manufacturer subject to this subdivision, or an organization of such
2.27manufacturers and its officers, members, employees, and agents, may participate in
2.28projects or programs to collect and properly manage waste thermostats. Any person
2.29who participates in such a project or program is immune from liability under state law
2.30relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade
2.31or commerce for activities related to the collection and management of the thermostats
2.32under this subdivision.
2.33(d) A manufacturer or organization of manufacturers that participates in a project or
2.34program under paragraph (c) must report at least annually to the agency. The report must:
3.1(1) describe how the program operates;
3.2(2) describe who is eligible to participate in the program;
3.3(3) identify participants; and
3.4(4) state the number of thermostats remitted by each participant.
3.5(e) For the purposes of this subdivision, "thermostat" means a temperature control
3.6device that may contain elemental mercury in a sealed component that serves as a switch
3.7or temperature-sensing element and a sealed component that has been removed from
3.8such a temperature control device.
3.9 Sec. 4. Minnesota Statutes 2012, section 116.92, subdivision 6, is amended to read:
3.10 Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or
3.11retailer may not sell or distribute at no cost a thermometer containing mercury that was
3.12manufactured after June 1, 2001.
3.13(b) Paragraph (a) does not apply to
3.14
3.15compliance with section
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24(c) A manufacturer is in compliance with this subdivision if the manufacturer:
3.25(1) has received an exclusion or exemption from a state that is a member of the
3.26Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement
3.27parts when no alternative is available or for an application when no feasible alternative is
3.28available;
3.29(2) submits a copy of the approved exclusion or exemption to the commissioner; and
3.30(3) meets all of the requirements in the approved exclusion or exemption for the
3.31manufacturer's activities within the state.
3.32 Sec. 5. Minnesota Statutes 2012, section 116.92, is amended by adding a subdivision to
3.33read:
4.1 Subd. 8k. Ban; mercury in balancing and damping products and equipment.
4.2A person may not sell, offer for sale, distribute, install, or use in the state a
4.3mercury-containing product or mercury-containing equipment that is used for balancing,
4.4damping, or providing a weight or counterweight function.
4.5EFFECTIVE DATE.This section is effective January 1, 2015.
4.6 Sec. 6. [116.931] WHEEL WEIGHTS AND BALANCING PRODUCTS; LEAD
4.7AND MERCURY PROHIBITION.
4.8 Subdivision 1. Tire service. When replacing or balancing a tire on a motor vehicle
4.9or aircraft, a person may not use a wheel weight or other product for balancing motor
4.10vehicle or aircraft wheels if the weight or other balancing product contains lead or mercury
4.11that was intentionally added during the manufacture of the product.
4.12 Subd. 2. Sales ban. A person may not sell or offer to sell or distribute weights
4.13or other products for balancing motor vehicle or aircraft wheels if the weight or other
4.14balancing product contains lead or mercury that was intentionally added during the
4.15manufacture of the product.
4.16 Subd. 3. New motor vehicles. A person may not sell a new motor vehicle or
4.17aircraft that is equipped with a weight or other product for balancing wheels if the weight
4.18or other balancing product contains lead or mercury that was intentionally added during
4.19the manufacture of the product. For purposes of this subdivision, "new motor vehicle"
4.20means a motor vehicle that has not been previously sold to a person except a distributor,
4.21wholesaler, or motor vehicle dealer for resale.
4.22 Subd. 4. Salvage. A person may not shred or crush, or market for shredding or
4.23crushing, any motor vehicle, aircraft, watercraft, or railroad or industrial equipment,
4.24or any portion thereof, without:
4.25(1) inspecting the vehicle or equipment; and
4.26(2) removing all weights or other products for balancing wheels or other equipment
4.27if the weights or balancing products contain lead or mercury that was intentionally added
4.28during the manufacture of the weights or balancing products.
4.29 Subd. 5. Management of wheel weights and balancing products. Mercury in
4.30wheel weights and other balancing products for vehicle and aircraft wheels must be recycled
4.31or otherwise managed to comply with sections 115A.932 and 116.92 and to ensure that
4.32they do not become part of the solid waste stream and are not released to the environment.
4.33EFFECTIVE DATE.This section is effective January 1, 2015.
