Bill Text: MN HF865 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Product stewardship programs provided.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-03-21 - Committee report, to pass and re-refer to Environment, Natural Resources and Agriculture Finance [HF865 Detail]
Download: Minnesota-2013-HF865-Engrossed.html
Bill Title: Product stewardship programs provided.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-03-21 - Committee report, to pass and re-refer to Environment, Natural Resources and Agriculture Finance [HF865 Detail]
Download: Minnesota-2013-HF865-Engrossed.html
1.2relating to environment; providing for product stewardship programs; requiring
1.3a report;amending Minnesota Statutes 2012, section 13.7411, subdivision 4;
1.4proposing coding for new law in Minnesota Statutes, chapter 115A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 13.7411, subdivision 4, is amended to read:
1.7 Subd. 4. Waste management. (a) Product stewardship programs. Trade secret
1.8information submitted to the Pollution Control Agency under product stewardship
1.9programs are classified under sections 115A.141 to 115A.142.
1.10(b) Transfer station data. Data received by a county or district from a transfer
1.11station under section115A.84, subdivision 5 , are classified under that section.
1.12(b) (c) Solid waste records. Records of solid waste facilities received, inspected,
1.13or copied by a county pursuant to section115A.882 are classified pursuant to section
1.14115A.882, subdivision 3
.
1.15(c) (d) Customer lists. Customer lists provided to counties or cities by solid waste
1.16collectors are classified under section115A.93, subdivision 5 .
1.17 Sec. 2. [115A.141] CARPET PRODUCT STEWARDSHIP PROGRAM;
1.18STEWARDSHIP PLAN.
1.19 Subdivision 1. Definitions. For purposes of this section, the following terms have
1.20the meanings given:
1.21(1) "brand" means a name, symbol, word, or mark that identifies carpet, rather than its
1.22components, and attributes the carpet to the owner or licensee of the brand as the producer;
2.1(2) "carpet" means a manufactured article that is used in commercial or single or
2.2multifamily residential buildings, is affixed or placed on the floor or building walking
2.3surface as a decorative or functional building interior or exterior feature, and is primarily
2.4constructed of a top visible surface of synthetic face fibers or yarns or tufts attached to a
2.5backing system derived from synthetic or natural materials. Carpet includes, but is not
2.6limited to, a commercial or residential broadloom carpet or modular carpet tiles. Carpet
2.7includes a pad or underlayment used in conjunction with a carpet. Carpet does not include
2.8handmade rugs, area rugs, or mats;
2.9(3) "discarded carpet" means carpet that is no longer used for its manufactured
2.10purpose;
2.11(4) "producer" means a person that:
2.12(i) has legal ownership of the brand, brand name, or cobrand of carpet sold in the state;
2.13(ii) imports carpet branded by a producer that meets subclause (i) when the producer
2.14has no physical presence in the United States;
2.15(iii) if subclauses (i) and (ii) do not apply, makes unbranded carpet that is sold
2.16in the state; or
2.17(iv) sells carpet at wholesale or retail, does not have legal ownership of the brand,
2.18and elects to fulfill the responsibilities of the producer for the carpet;
2.19(5) "recycling" means the process of collecting and preparing recyclable materials and
2.20reusing the materials in their original form or using them in manufacturing processes that
2.21do not cause the destruction of recyclable materials in a manner that precludes further use;
2.22(6) "retailer" means any person who offers carpet for sale at retail in the state;
2.23(7) "reuse" means donating or selling a collected carpet back into the market for
2.24its original intended use, when the carpet retains its original purpose and performance
2.25characteristics;
2.26(8) "sale" or "sell" means transfer of title of carpet for consideration, including a
2.27remote sale conducted through a sales outlet, catalog, Web site, or similar electronic
2.28means. Sale or sell includes a lease through which carpet is provided to a consumer by a
2.29producer, wholesaler, or retailer;
2.30(9) "stewardship assessment" means the amount added to the purchase price of
2.31carpet sold in the state that is necessary to cover the cost of collecting, transporting, and
2.32processing postconsumer carpets by the producer or stewardship organization pursuant to
2.33a product stewardship program;
2.34(10) "stewardship organization" means an organization appointed by one or more
2.35producers to act as an agent on behalf of the producer to design, submit, and administer a
2.36product stewardship program under this section; and
3.1(11) "stewardship plan" means a detailed plan describing the manner in which a
3.2product stewardship program under subdivision 2 will be implemented.
3.3 Subd. 2. Product stewardship program. For all carpet sold in the state, producers
3.4must, individually or through a stewardship organization, implement and finance a
3.5statewide product stewardship program that manages carpet by reducing carpet's waste
3.6generation, promoting its reuse and recycling, and providing for negotiation and execution
3.7of agreements to collect, transport, and process carpet for end-of-life recycling and reuse.
3.8 Subd. 3. Requirement for sale. (a) On and after July 1, 2015, no producer,
3.9wholesaler, or retailer may sell carpet or offer carpet for sale in the state unless the carpet's
3.10producer participates in an approved stewardship plan, either individually or through a
3.11stewardship organization.
3.12(b) Each producer must operate a product stewardship program approved by the
3.13agency or enter into an agreement with a stewardship organization to operate, on the
3.14producer's behalf, a product stewardship program approved by the agency.
3.15 Subd. 4. Requirement to submit plan. (a) On or before March 1, 2015, and before
3.16offering carpet for sale in the state, a producer must submit a stewardship plan to the
3.17agency and receive approval of the plan or must submit documentation to the agency that
3.18demonstrates the producer has entered into an agreement with a stewardship organization
3.19to be an active participant in an approved product stewardship program as described in
3.20subdivision 2. A stewardship plan must include all elements required under subdivision 5.
3.21(b) At least every three years, a producer or stewardship organization operating a
3.22product stewardship program must update the stewardship plan and submit the updated
3.23plan to the agency for review and approval.
3.24(c) It is the responsibility of the entities responsible for each stewardship plan to
3.25notify the agency within 30 days of any significant changes or modifications to the plan or
3.26its implementation. Within 30 days of the notification, a written plan revision must be
3.27submitted to the agency for review and approval.
3.28 Subd. 5. Stewardship plan content. A stewardship plan must contain:
3.29(1) certification that the product stewardship program will accept all discarded carpet
3.30regardless of which producer produced the carpet and its individual components;
3.31(2) contact information for the individual and the entity submitting the plan and for
3.32all producers participating in the product stewardship program;
3.33(3) a description of the methods by which discarded carpet will be collected in all
3.34areas in the state without relying on end-of-life fees, including an explanation of how the
3.35collection system will be convenient and adequate to serve the needs of small businesses
4.1and residents in the seven-county metropolitan area initially and expanding to areas
4.2outside of the seven-county metropolitan area starting July 1, 2016;
4.3(4) a description of how the adequacy of the collection program will be monitored
4.4and maintained;
4.5(5) the names and locations of collectors, transporters, and recycling facilities that
4.6will manage discarded carpet;
4.7(6) a description of how the discarded carpet and the carpet's components will
4.8be safely and securely transported, tracked, and handled from collection through final
4.9recycling and processing;
4.10(7) a description of the method that will be used to reuse, deconstruct, or recycle
4.11the discarded carpet to ensure that the product's components, to the extent feasible, are
4.12transformed or remanufactured into finished products for use;
4.13(8) a description of the promotion and outreach activities that will be used to
4.14encourage participation in the collection and recycling programs and how the activities'
4.15effectiveness will be evaluated and the program modified, if necessary;
4.16(9) the proposed stewardship assessment. The producer or stewardship organization
4.17shall propose a stewardship assessment for any carpet sold in the state. The proposed
4.18stewardship assessment shall be reviewed by an independent auditor to ensure that
4.19the assessment does not exceed the costs of the product stewardship program and the
4.20independent auditor shall recommend an amount for the stewardship assessment;
4.21(10) evidence of adequate insurance and financial assurance that may be required for
4.22collection, handling, and disposal operations;
4.23(11) five-year performance goals, including an estimate of the percentage of
4.24discarded carpet that will be collected, reused, and recycled during each of the first five
4.25years of the stewardship plan. The performance goals must include a specific escalating
4.26goal for the amount of discarded carpet that will be collected and recycled and reused
4.27during each year of the plan. The performance goals must be based on:
4.28(i) the most recent collection data available for the state;
4.29(ii) the amount of carpet disposed of annually;
4.30(iii) the weight of the carpet that is expected to be available for collection annually;
4.31and
4.32(iv) actual collection data from other existing stewardship programs.
4.33The stewardship plan must state the methodology used to determine these goals;
4.34(12) carpet design changes that will be considered to reduce toxicity, water use, or
4.35energy use or to increase recycled content, recyclability, or carpet longevity; and
5.1(13) a discussion of market development opportunities to expand use of recovered
5.2carpet, with consideration of expanding processing activity proximate to areas of collection.
5.3 Subd. 6. Consultation required. (a) Each stewardship organization or individual
5.4producer submitting a stewardship plan must consult with stakeholders including retailers,
5.5installers, collectors, recyclers, local government, customers, and citizens during the
5.6development of the plan, solicit stakeholder comments, and attempt to address any
5.7stakeholder concerns regarding the plan before submitting the plan to the agency for review.
5.8(b) The producer or stewardship organization must invite comments from local
5.9governments, communities, and citizens to report their satisfaction with services, including
5.10education and outreach, provided by the product stewardship program. The information
5.11must be submitted to the agency and used by the agency in reviewing proposed updates or
5.12changes to the stewardship plan.
5.13 Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a proposed
5.14stewardship plan, the agency shall determine whether the plan complies with subdivision
5.155. If the agency approves a plan, the agency shall notify the applicant of the plan approval
5.16in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
5.17the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
5.18submit a revised plan to the agency within 60 days after receiving notice of rejection.
5.19(b) Any proposed changes to a stewardship plan must be approved by the agency
5.20in writing.
5.21 Subd. 8. Plan availability. All draft and approved stewardship plans shall be
5.22placed on the agency's Web site for at least 30 days and made available at the agency's
5.23headquarters for public review and comment.
5.24 Subd. 9. Conduct authorized. A producer or stewardship organization that
5.25organizes collection, transport, and processing of carpet under this section is immune
5.26from liability for the conduct under state laws relating to antitrust, restraint of trade,
5.27unfair trade practices, and other regulation of trade or commerce only to the extent that
5.28the conduct is necessary to plan and implement the producer's or organization's chosen
5.29organized collection or recycling system.
5.30 Subd. 10. Responsibility of producers. (a) On and after the date of implementation
5.31of a product stewardship program under this section, a producer of carpet must add the
5.32stewardship assessment, as established according to subdivision 5, clause (9), to the cost
5.33of the carpet sold to retailers and distributors in the state by the producer.
5.34(b) Producers of carpet or the stewardship organization shall provide consumers
5.35with educational materials regarding the stewardship assessment and product stewardship
5.36program. The materials must include, but are not limited to, information regarding available
6.1end-of-life management options for carpet offered through the product stewardship
6.2program and information that notifies consumers that a charge for the operation of the
6.3product stewardship program is included in the purchase price of carpet sold in the state.
6.4 Subd. 11. Responsibility of retailers. (a) On and after July 1, 2015, no carpet may
6.5be sold in the state unless the carpet's producer is participating in an approved stewardship
6.6plan.
6.7(b) On and after the implementation date of a product stewardship program under
6.8this section, each retailer or distributor, as applicable, must add the amount of the
6.9stewardship assessment to the purchase price of all carpet sold in the state.
6.10(c) Any retailer may participate, on a voluntary basis, as a designated collection
6.11point pursuant to a product stewardship program under this section and in accordance
6.12with applicable law.
6.13(d) No retailer or distributor shall be found to be in violation of this subdivision if,
6.14on the date the carpet was ordered from the producer or its agent, the producer was listed
6.15as compliant on the agency's Web site according to subdivision 14.
6.16 Subd. 12. Stewardship reports. Beginning October 1, 2016, producers of carpet
6.17sold in the state must individually or through a stewardship organization submit an
6.18annual report to the agency describing the product stewardship program. At a minimum,
6.19the report must contain:
6.20(1) a description of the methods used to collect, transport, and process carpet in all
6.21regions of the state;
6.22(2) the weight of all carpet collected in all regions of the state and a comparison to
6.23the performance goals and recycling rates established in the stewardship plan;
6.24(3) the amount of unwanted carpet collected in the state by method of disposition,
6.25including reuse, recycling, and other methods of processing;
6.26(4) identification of the facilities processing carpet and the number and weight
6.27processed at each facility;
6.28(5) an evaluation of the program's funding mechanism;
6.29(6) samples of educational materials provided to consumers and an evaluation of the
6.30effectiveness of the materials and the methods used to disseminate the materials; and
6.31(7) a description of progress made toward achieving carpet design changes according
6.32to subdivision 5, clause (12).
6.33 Subd. 13. Data classification. Trade secret information, as defined under section
6.3413.37, submitted to the agency under this section is nonpublic data under section 13.37,
6.35subdivision 2.
7.1 Subd. 14. Agency responsibilities. The agency shall provide, on its Web site, a
7.2list of all compliant producers and brands participating in stewardship plans that the
7.3agency has approved and a list of all producers and brands the agency has identified as
7.4noncompliant with this section.
7.5 Subd. 15. Local government responsibilities. (a) A city, county, or other public
7.6agency may choose to participate voluntarily in a carpet product stewardship program.
7.7(b) Cities, counties, and other public agencies are encouraged to work with producers
7.8and stewardship organizations to assist in meeting product stewardship program recycling
7.9obligations, by providing education and outreach or using other strategies.
7.10(c) A city, county, or other public agency that participates in a product stewardship
7.11program must report for the first year of the program to the agency using the reporting
7.12form provided by the agency on the cost savings as a result of participation and describe
7.13how the savings were used.
7.14 Subd. 16. Administrative fee. (a) The stewardship organization or individual
7.15producer submitting a stewardship plan shall pay the agency an annual administrative
7.16fee. The agency shall set the fee at an amount that, when paid by every stewardship
7.17organization or individual producer that submits a stewardship plan, is adequate to cover
7.18the agency's full costs of administering and enforcing this section. The agency may
7.19establish a variable fee based on relevant factors, including, but not limited to, the portion
7.20of carpet sold in the state by members of the organization compared to the total amount of
7.21carpet sold in the state by all organizations submitting a stewardship plan.
7.22(b) The total amount of annual fees collected under this subdivision must not
7.23exceed the amount necessary to cover costs incurred by the agency in connection with the
7.24administration and enforcement of this section.
7.25(c) The agency shall identify the direct program development or regulatory costs
7.26it incurs under this section before stewardship plans are submitted and shall establish a
7.27fee in an amount adequate to cover those costs, which shall be paid by a stewardship
7.28organization or individual producer that submits a stewardship plan.
7.29(d) A stewardship organization or individual producer subject to this subdivision
7.30must pay the agency's administrative fee under paragraph (a) on or before July 1, 2015,
7.31and annually thereafter and the agency's onetime development fee under paragraph (c) on
7.32or before July 1 the year following submission of a stewardship plan. Each year after the
7.33initial payment, the annual administrative fee may not exceed five percent of the aggregate
7.34stewardship assessment collected for the preceding calendar year.
7.35(e) The agency shall deposit the fees collected under this section into a product
7.36stewardship account.
8.1 Sec. 3. [115A.1415] ARCHITECTURAL PAINT; PRODUCT STEWARDSHIP
8.2PROGRAM; STEWARDSHIP PLAN.
8.3 Subdivision 1. Definitions. For purposes of this section, the following terms have
8.4the meanings given:
8.5(1) "architectural paint" means interior and exterior architectural coatings sold in
8.6containers of five gallons or less. Architectural paint does not include industrial coatings,
8.7original equipment coatings, or specialty coatings;
8.8(2) "brand" means a name, symbol, word, or mark that identifies architectural paint,
8.9rather than its components, and attributes the paint to the owner or licensee of the brand as
8.10the producer;
8.11(3) "discarded paint" means architectural paint that is no longer used for its
8.12manufactured purpose;
8.13(4) "producer" means a person that:
8.14(i) has legal ownership of the brand, brand name, or cobrand of architectural paint
8.15sold in the state;
8.16(ii) imports architectural paint branded by a producer that meets subclause (i) when
8.17the producer has no physical presence in the United States;
8.18(iii) if subclauses (i) and (ii) do not apply, makes unbranded architectural paint
8.19that is sold in the state; or
8.20(iv) sells architectural paint at wholesale or retail, does not have legal ownership of
8.21the brand, and elects to fulfill the responsibilities of the producer for the architectural paint;
8.22(5) "recycling" means the process of collecting and preparing recyclable materials and
8.23reusing the materials in their original form or using them in manufacturing processes that
8.24do not cause the destruction of recyclable materials in a manner that precludes further use;
8.25(6) "retailer" means any person who offers architectural paint for sale at retail in
8.26the state;
8.27(7) "reuse" means donating or selling collected architectural paint back into the
8.28market for its original intended use, when the architectural paint retains its original
8.29purpose and performance characteristics;
8.30(8) "sale" or "sell" means transfer of title of architectural paint for consideration,
8.31including a remote sale conducted through a sales outlet, catalog, Web site, or similar
8.32electronic means. Sale or sell includes a lease through which architectural paint is
8.33provided to a consumer by a producer, wholesaler, or retailer;
8.34(9) "stewardship assessment" means the amount added to the purchase price of
8.35architectural paint sold in the state that is necessary to cover the cost of collecting,
9.1transporting, and processing postconsumer architectural paint by the producer or
9.2stewardship organization pursuant to a product stewardship program;
9.3(10) "stewardship organization" means an organization appointed by one or more
9.4producers to act as an agent on behalf of the producer to design, submit, and administer a
9.5product stewardship program under this section; and
9.6(11) "stewardship plan" means a detailed plan describing the manner in which a
9.7product stewardship program under subdivision 2 will be implemented.
9.8 Subd. 2. Product stewardship program. For architectural paint sold in the state,
9.9producers must, individually or through a stewardship organization, implement and
9.10finance a statewide product stewardship program that manages the architectural paint by
9.11reducing the paint's waste generation, promoting its reuse and recycling, and providing for
9.12negotiation and execution of agreements to collect, transport, and process the architectural
9.13paint for end-of-life recycling and reuse.
9.14 Subd. 3. Requirement for sale. (a) On and after July 1, 2014, or three months after
9.15program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell
9.16or offer for sale in the state architectural paint unless the paint's producer participates in an
9.17approved stewardship plan, either individually or through a stewardship organization.
9.18(b) Each producer must operate a product stewardship program approved by the
9.19agency or enter into an agreement with a stewardship organization to operate, on the
9.20producer's behalf, a product stewardship program approved by the agency.
9.21 Subd. 4. Requirement to submit plan. (a) On or before March 1, 2014, and before
9.22offering architectural paint for sale in the state, a producer must submit a stewardship
9.23plan to the agency and receive approval of the plan or must submit documentation to the
9.24agency that demonstrates the producer has entered into an agreement with a stewardship
9.25organization to be an active participant in an approved product stewardship program as
9.26described in subdivision 2. A stewardship plan must include all elements required under
9.27subdivision 5.
9.28(b) An amendment to the plan, if determined necessary by the commissioner, must
9.29be submitted every five years.
9.30(c) It is the responsibility of the entities responsible for each stewardship plan to
9.31notify the agency within 30 days of any significant changes or modifications to the plan or
9.32its implementation. Within 30 days of the notification, a written plan revision must be
9.33submitted to the agency for review and approval.
9.34 Subd. 5. Stewardship plan content. A stewardship plan must contain:
10.1(1) certification that the product stewardship program will accept all discarded
10.2paint regardless of which producer produced the architectural paint and its individual
10.3components;
10.4(2) contact information for the individual and the entity submitting the plan, a list of
10.5all producers participating in the product stewardship program, and the brands covered by
10.6the product stewardship program;
10.7(3) a description of the methods by which the discarded paint will be collected in all
10.8areas in the state without relying on end-of-life fees, including an explanation of how the
10.9collection system will be convenient and adequate to serve the needs of small businesses
10.10and residents in both urban and rural areas on an ongoing basis and a discussion of how
10.11the existing household hazardous waste infrastructure will be considered when selecting
10.12collection sites;
10.13(4) a description of how the adequacy of the collection program will be monitored
10.14and maintained;
10.15(5) the names and locations of collectors, transporters, and recyclers that will
10.16manage discarded paint;
10.17(6) a description of how the discarded paint and the paint's components will be
10.18safely and securely transported, tracked, and handled from collection through final
10.19recycling and processing;
10.20(7) a description of the method that will be used to reuse, deconstruct, or recycle
10.21the discarded paint to ensure that the paint's components, to the extent feasible, are
10.22transformed or remanufactured into finished products for use;
10.23(8) a description of the promotion and outreach activities that will be used to
10.24encourage participation in the collection and recycling programs and how the activities'
10.25effectiveness will be evaluated and the program modified, if necessary;
10.26(9) the proposed stewardship assessment. The producer or stewardship organization
10.27shall propose a uniform stewardship assessment for any architectural paint sold in the
10.28state. The proposed stewardship assessment shall be reviewed by an independent auditor
10.29to ensure that the assessment does not exceed the costs of the product stewardship program
10.30and the independent auditor shall recommend an amount for the stewardship assessment.
10.31The agency must approve the stewardship assessment;
10.32(10) evidence of adequate insurance and financial assurance that may be required for
10.33collection, handling, and disposal operations;
10.34(11) five-year performance goals, including an estimate of the percentage of
10.35discarded paint that will be collected, reused, and recycled during each of the first five
10.36years of the stewardship plan. The performance goals must include a specific goal for the
11.1amount of discarded paint that will be collected and recycled and reused during each year
11.2of the plan. The performance goals must be based on:
11.3(i) the most recent collection data available for the state;
11.4(ii) the estimated amount of architectural paint disposed of annually;
11.5(iii) the weight of the architectural paint that is expected to be available for collection
11.6annually; and
11.7(iv) actual collection data from other existing stewardship programs.
11.8The stewardship plan must state the methodology used to determine these goals; and
11.9(12) a discussion of the status of end markets for collected architectural paint and
11.10what, if any, additional end markets are needed to improve the functioning of the program.
11.11 Subd. 6. Consultation required. Each stewardship organization or individual
11.12producer submitting a stewardship plan must consult with stakeholders including
11.13retailers, contractors, collectors, recyclers, local government, and customers during the
11.14development of the plan.
11.15 Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a proposed
11.16stewardship plan, the agency shall determine whether the plan complies with subdivision
11.174. If the agency approves a plan, the agency shall notify the applicant of the plan approval
11.18in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
11.19the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
11.20submit a revised plan to the agency within 60 days after receiving notice of rejection.
11.21(b) Any proposed changes to a stewardship plan must be approved by the agency
11.22in writing.
11.23 Subd. 8. Plan availability. All draft and approved stewardship plans shall be
11.24placed on the agency's Web site for at least 30 days and made available at the agency's
11.25headquarters for public review and comment.
11.26 Subd. 9. Conduct authorized. A producer or stewardship organization that
11.27organizes collection, transport, and processing of architectural paint under this section
11.28is immune from liability for the conduct under state laws relating to antitrust, restraint
11.29of trade, unfair trade practices, and other regulation of trade or commerce only to the
11.30extent that the conduct is necessary to plan and implement the producer's or organization's
11.31chosen organized collection or recycling system.
11.32 Subd. 10. Responsibility of producers. (a) On and after the date of implementation
11.33of a product stewardship program according to this section, a producer of architectural
11.34paint must add the stewardship assessment, as established under subdivision 5, clause (9),
11.35to the cost of architectural paint sold to retailers and distributors in the state by the producer.
12.1(b) Producers of architectural paint or the stewardship organization shall provide
12.2consumers with educational materials regarding the stewardship assessment and product
12.3stewardship program. The materials must include, but are not limited to, information
12.4regarding available end-of-life management options for architectural paint offered through
12.5the product stewardship program and information that notifies consumers that a charge
12.6for the operation of the product stewardship program is included in the purchase price of
12.7architectural paint sold in the state.
12.8 Subd. 11. Responsibility of retailers. (a) On and after July 1, 2014, or three months
12.9after program plan approval, whichever is sooner, no architectural paint may be sold in the
12.10state unless the paint's producer is participating in an approved stewardship plan.
12.11(b) On and after the implementation date of a product stewardship program
12.12according to this section, each retailer or distributor, as applicable, must add the amount of
12.13the stewardship assessment to the purchase price of all architectural paint sold in the state.
12.14(c) Any retailer may participate, on a voluntary basis, as a designated collection
12.15point pursuant to a product stewardship program under this section and in accordance
12.16with applicable law.
12.17(d) No retailer or distributor shall be found to be in violation of this subdivision if,
12.18on the date the architectural paint was ordered from the producer or its agent, the producer
12.19was listed as compliant on the agency's Web site according to subdivision 14.
12.20 Subd. 12. Stewardship reports. Beginning October 1, 2015, producers of
12.21architectural paint sold in the state must individually or through a stewardship organization
12.22submit an annual report to the agency describing the product stewardship program. At a
12.23minimum, the report must contain:
12.24(1) a description of the methods used to collect, transport, and process architectural
12.25paint in all regions of the state;
12.26(2) the weight of all architectural paint collected in all regions of the state and a
12.27comparison to the performance goals and recycling rates established in the stewardship
12.28plan;
12.29(3) the amount of unwanted architectural paint collected in the state by method of
12.30disposition, including reuse, recycling, and other methods of processing;
12.31(4) samples of educational materials provided to consumers and an evaluation of the
12.32effectiveness of the materials and the methods used to disseminate the materials; and
12.33(5) an independent financial audit.
12.34 Subd. 13. Data classification. Trade secret information, as defined under section
12.3513.37, submitted to the agency under this section is nonpublic data under section 13.37,
12.36subdivision 2.
13.1 Subd. 14. Agency responsibilities. The agency shall provide, on its Web site, a
13.2list of all compliant producers and brands participating in stewardship plans that the
13.3agency has approved and a list of all producers and brands the agency has identified as
13.4noncompliant with this section.
13.5 Subd. 15. Local government responsibilities. (a) A city, county, or other public
13.6agency may choose to participate voluntarily in a product stewardship program.
13.7(b) Cities, counties, and other public agencies are encouraged to work with producers
13.8and stewardship organizations to assist in meeting product stewardship program reuse and
13.9recycling obligations, by providing education and outreach or using other strategies.
13.10(c) A city, county, or other public agency that participates in a product stewardship
13.11program must report for the first year of the program to the agency using the reporting
13.12form provided by the agency on the cost savings as a result of participation and describe
13.13how the savings were used.
13.14 Subd. 16. Administrative fee. (a) The stewardship organization or individual
13.15producer submitting a stewardship plan shall pay the agency an annual administrative fee.
13.16The agency shall set the fee at an amount that, when paid by every stewardship organization
13.17or individual producer that submits a stewardship plan, is adequate to cover the agency's
13.18full costs of administering and enforcing this section. The agency may establish a variable
13.19fee based on relevant factors, including, but not limited to, the portion of architectural
13.20paint sold in the state by members of the organization compared to the total amount of
13.21architectural paint sold in the state by all organizations submitting a stewardship plan.
13.22(b) The total amount of annual fees collected under this subdivision must not exceed
13.23the amount necessary to recover costs incurred by the agency in connection with the
13.24administration and enforcement of this section.
13.25(c) The agency shall identify the direct program development or regulatory costs
13.26it incurs under this section before stewardship plans are submitted and shall establish a
13.27fee in an amount adequate to cover those costs, which shall be paid by a stewardship
13.28organization or individual producer that submits a stewardship plan. The commissioner
13.29must make the proposed fee available for public review and comment for at least 30 days.
13.30(d) A stewardship organization or individual producer subject to this section must
13.31pay the agency's administrative fee under paragraph (a) on or before July 1, 2014, and
13.32annually thereafter and the agency's onetime development fee under paragraph (c) on or
13.33before July 1 the year following submission of a stewardship plan. Each year after the
13.34initial payment, the annual administrative fee may not exceed five percent of the aggregate
13.35stewardship assessment collected for the preceding calendar year.
14.1(e) The agency shall deposit the fees collected under this section into a product
14.2stewardship account.
14.3 Sec. 4. [115A.142] PRIMARY BATTERIES; PRODUCT STEWARDSHIP
14.4PROGRAM; STEWARDSHIP PLAN.
14.5 Subdivision 1. Definitions. For purposes of this section, the following terms have
14.6the meaning given:
14.7(1) "brand" means a name, symbol, word, or mark that identifies a primary battery,
14.8rather than its components, and attributes the battery to the owner or licensee of the brand
14.9as the producer;
14.10(2) "discarded battery" means a primary battery that is no longer used for its
14.11manufactured purpose;
14.12(3) "primary battery" means an electric cell that generates an electromotive force by
14.13the direct and usually irreversible conversion of chemical energy into electrical energy.
14.14It cannot be recharged efficiently by an electric current;
14.15(4) "producer" means a person that:
14.16(i) has legal ownership of the brand, brand name, or cobrand of a primary battery
14.17sold in the state;
14.18(ii) imports a primary battery branded by a producer that meets subclause (i) when
14.19the producer has no physical presence in the United States;
14.20(iii) if subclauses (i) and (ii) do not apply, makes an unbranded primary battery
14.21that is sold in the state; or
14.22(iv) sells a primary battery at wholesale or retail, does not have legal ownership of
14.23the brand, and elects to fulfill the responsibilities of the producer for the battery;
14.24(5) "recycling" means the process of collecting and preparing recyclable materials and
14.25reusing the materials in their original form or using them in manufacturing processes that
14.26do not cause the destruction of recyclable materials in a manner that precludes further use;
14.27(6) "retailer" means any person who offers primary batteries for sale at retail in
14.28the state;
14.29(7) "reuse" means donating or selling a collected primary battery back into the
14.30market for its original intended use, when the primary battery retains its original purpose
14.31and performance characteristics;
14.32(8) "sale" or "sell" means transfer of title of a primary battery for consideration,
14.33including a remote sale conducted through a sales outlet, catalog, Web site, or similar
14.34electronic means. Sale or sell includes a lease through which a primary battery is provided
14.35to a consumer by a producer, wholesaler, or retailer;
15.1(9) "stewardship organization" means an organization appointed by one or more
15.2producers to act as an agent on behalf of the producer to design, submit, and administer a
15.3product stewardship program under this section; and
15.4(10) "stewardship plan" means a detailed plan describing the manner in which a
15.5product stewardship program under subdivision 2 will be implemented.
15.6 Subd. 2. Product stewardship program. For each primary battery sold in the
15.7state, producers must, individually or through a stewardship organization, implement
15.8and finance a statewide product stewardship program that manages primary batteries by
15.9reducing primary battery waste generation, promoting primary battery reuse and recycling,
15.10and providing for negotiation and execution of agreements to collect, transport, and
15.11process primary batteries for end-of-life recycling and reuse.
15.12 Subd. 3. Requirement for sale. (a) On and after December 1, 2014, or three months
15.13after program plan approval, whichever is sooner, no producer, wholesaler, or retailer may
15.14sell or offer for sale in the state a primary battery unless the battery's producer participates
15.15in an approved stewardship plan, either individually or through a stewardship organization.
15.16(b) Each producer must operate a product stewardship program approved by the
15.17agency or enter into an agreement with a stewardship organization to operate, on the
15.18producer's behalf, a product stewardship program approved by the agency.
15.19 Subd. 4. Requirement to submit plan. (a) On or before August 1, 2014, and before
15.20offering a primary battery for sale in the state, a producer must submit a stewardship
15.21plan to the agency and receive approval of the plan or must submit documentation to the
15.22agency that demonstrates the producer has entered into an agreement with a stewardship
15.23organization to be an active participant in an approved product stewardship program as
15.24described in subdivision 2. A stewardship plan must include all elements required under
15.25subdivision 5.
15.26(b) An amendment to the plan, if determined necessary by the commissioner, must
15.27be submitted every five years.
15.28(c) It is the responsibility of the entities responsible for each stewardship plan to
15.29notify the agency within 30 days of any significant changes or modifications to the plan or
15.30its implementation. Within 30 days of the notification, a written plan revision must be
15.31submitted to the agency for review and approval.
15.32 Subd. 5. Stewardship plan content. A stewardship plan must contain:
15.33(1) certification that the product stewardship program will accept all discarded
15.34batteries regardless of which producer produced the batteries and their individual
15.35components;
16.1(2) contact information for the individual and the entity submitting the plan, a list of
16.2all producers participating in the product stewardship program, and the brands covered by
16.3the product stewardship program;
16.4(3) a description of the methods by which the discarded batteries will be collected
16.5in all areas in the state without relying on end-of-life fees, including an explanation of
16.6how the collection system will be convenient and adequate to serve the needs of small
16.7businesses and residents in both urban and rural areas on an ongoing basis;
16.8(4) a description of how the adequacy of the collection program will be monitored
16.9and maintained;
16.10(5) the names and locations of collectors, transporters, and recyclers that will
16.11manage discarded batteries;
16.12(6) a description of how the discarded batteries and the batteries' components will
16.13be safely and securely transported, tracked, and handled from collection through final
16.14recycling and processing;
16.15(7) a description of the method that will be used to reuse, deconstruct, or recycle
16.16the discarded batteries to ensure that the batteries' components, to the extent feasible, are
16.17transformed or remanufactured into finished batteries for use;
16.18(8) a description of the promotion and outreach activities that will be used to
16.19encourage participation in the collection and recycling programs and how the activities'
16.20effectiveness will be evaluated and the program modified, if necessary;
16.21(9) evidence of adequate insurance and financial assurance that may be required for
16.22collection, handling, and disposal operations;
16.23(10) five-year performance goals, including an estimate of the percentage of
16.24discarded batteries that will be collected, reused, and recycled during each of the first five
16.25years of the stewardship plan. The performance goals must include a specific escalating
16.26goal for the amount of discarded batteries that will be collected and recycled and reused
16.27during each year of the plan. The performance goals must be based on:
16.28(i) the most recent collection data available for the state;
16.29(ii) the estimated amount of primary batteries disposed of annually;
16.30(iii) the weight of primary batteries that is expected to be available for collection
16.31annually; and
16.32(iv) actual collection data from other existing stewardship programs.
16.33The stewardship plan must state the methodology used to determine these goals; and
16.34(11) a discussion of the status of end markets for discarded batteries and what, if any,
16.35additional end markets are needed to improve the functioning of the program.
17.1 Subd. 6. Consultation required. Each stewardship organization or individual
17.2producer submitting a stewardship plan must consult with stakeholders including retailers,
17.3collectors, recyclers, local government, and customers during the development of the plan.
17.4 Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a proposed
17.5stewardship plan, the agency shall determine whether the plan complies with subdivision
17.65. If the agency approves a plan, the agency shall notify the applicant of the plan approval
17.7in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
17.8the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
17.9submit a revised plan to the agency within 60 days after receiving notice of rejection.
17.10(b) Any proposed changes to a stewardship plan must be approved by the agency
17.11in writing.
17.12 Subd. 8. Plan availability. All draft and approved stewardship plans shall be
17.13placed on the agency's Web site for at least 30 days and made available at the agency's
17.14headquarters for public review and comment.
17.15 Subd. 9. Conduct authorized. A producer or stewardship organization that
17.16organizes collection, transport, and processing of primary batteries under this section
17.17is immune from liability for the conduct under state laws relating to antitrust, restraint
17.18of trade, unfair trade practices, and other regulation of trade or commerce only to the
17.19extent that the conduct is necessary to plan and implement the producer's or organization's
17.20chosen organized collection or recycling system.
17.21 Subd. 10. Responsibility of retailers. (a) On and after December 1, 2014, or three
17.22months after program plan approval, whichever is sooner, no primary battery may be sold
17.23in the state unless the battery's producer is participating in an approved stewardship plan.
17.24(b) Any retailer may participate, on a voluntary basis, as a designated collection
17.25point pursuant to a product stewardship program under this section and in accordance
17.26with applicable law.
17.27(c) No retailer or distributor shall be found to be in violation of this subdivision if,
17.28on the date the primary battery was ordered from the producer or its agent, the producer
17.29was listed as compliant on the agency's Web site according to subdivision 12.
17.30 Subd. 11. Stewardship reports. Beginning March 1, 2016, producers of primary
17.31batteries sold in the state must individually or through a stewardship organization
17.32submit an annual report to the agency describing the product stewardship program. At a
17.33minimum, the report must contain:
17.34(1) a description of the methods used to collect, transport, and process primary
17.35batteries in all regions of the state;
18.1(2) the weight of all primary batteries collected in all regions of the state and a
18.2comparison to the performance goals and recycling rates established in the stewardship
18.3plan;
18.4(3) the amount of unwanted primary batteries collected in the state by method of
18.5disposition, including reuse, recycling, and other methods of processing;
18.6(4) samples of educational materials provided to consumers and an evaluation of the
18.7effectiveness of the materials and the methods used to disseminate the materials; and
18.8(5) an independent financial audit.
18.9 Subd. 12. Data classification. Trade secret information, as defined under section
18.1013.37, submitted to the agency under this section is nonpublic data under section 13.37,
18.11subdivision 2.
18.12 Subd. 13. Agency responsibilities. The agency shall provide, on its Web site, a
18.13list of all compliant producers and brands participating in stewardship plans that the
18.14agency has approved and a list of all producers and brands the agency has identified as
18.15noncompliant with this section.
18.16 Subd. 14. Local government responsibilities. (a) A city, county, or other public
18.17agency may choose to participate voluntarily in a product stewardship program.
18.18(b) Cities, counties, and other public agencies are encouraged to work with producers
18.19and stewardship organizations to assist in meeting product stewardship program recycling
18.20obligations, by providing education and outreach or using other strategies.
18.21(c) A city, county, or other public agency that participates in a product stewardship
18.22program must report for the first year of the program to the agency using the reporting
18.23form provided by the agency on the cost savings as a result of participation and describe
18.24how the savings were used.
18.25 Subd. 15. Administrative fee. (a) The stewardship organization or individual
18.26producer submitting a stewardship plan shall pay the agency an annual administrative fee.
18.27The agency shall set the fee at an amount that, when paid by every stewardship organization
18.28or individual producer that submits a stewardship plan, is adequate to cover the agency's
18.29full costs of administering and enforcing this section. The agency may establish a variable
18.30fee based on relevant factors, including, but not limited to, the portion of primary batteries
18.31sold in the state by members of the organization compared to the total amount of primary
18.32batteries sold in the state by all organizations submitting a stewardship plan.
18.33(b) The total amount of annual fees collected under this section must not exceed
18.34the amount necessary to recover costs incurred by the agency in connection with the
18.35administration and enforcement of this section.
19.1(c) The agency shall identify the direct program development or regulatory costs
19.2it incurs under this section before stewardship plans are submitted and shall establish a
19.3fee in an amount adequate to cover those costs, which shall be paid by a stewardship
19.4organization or individual producer that submits a stewardship plan. The commissioner
19.5must make the proposed fee available for public review and comment for at least 30 days.
19.6(d) A stewardship organization or individual producer subject to this section must
19.7pay the agency's administrative fee under paragraph (a) on or before July 1, 2015, and
19.8annually thereafter and the agency's onetime development fee under paragraph (c) on or
19.9before July 1 the year following submission of a stewardship plan.
19.10(e) The agency shall deposit the fees collected under this section into a product
19.11stewardship account.
19.12 Sec. 5. [115A.1425] REPORT TO LEGISLATURE AND GOVERNOR.
19.13As part of the report required under section 115A.121, the commissioner of the
19.14Pollution Control Agency shall provide a report to the governor and the legislature on the
19.15implementation of sections 115A.141, 115A.1415, and 115A.142.
19.16 Sec. 6. EFFECTIVE DATE.
19.17Sections 1 to 5 are effective July 1, 2013.
1.3a report;amending Minnesota Statutes 2012, section 13.7411, subdivision 4;
1.4proposing coding for new law in Minnesota Statutes, chapter 115A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 13.7411, subdivision 4, is amended to read:
1.7 Subd. 4. Waste management. (a) Product stewardship programs. Trade secret
1.8information submitted to the Pollution Control Agency under product stewardship
1.9programs are classified under sections 115A.141 to 115A.142.
1.10(b) Transfer station data. Data received by a county or district from a transfer
1.11station under section
1.12
1.13or copied by a county pursuant to section
1.15
1.16collectors are classified under section
1.17 Sec. 2. [115A.141] CARPET PRODUCT STEWARDSHIP PROGRAM;
1.18STEWARDSHIP PLAN.
1.19 Subdivision 1. Definitions. For purposes of this section, the following terms have
1.20the meanings given:
1.21(1) "brand" means a name, symbol, word, or mark that identifies carpet, rather than its
1.22components, and attributes the carpet to the owner or licensee of the brand as the producer;
2.1(2) "carpet" means a manufactured article that is used in commercial or single or
2.2multifamily residential buildings, is affixed or placed on the floor or building walking
2.3surface as a decorative or functional building interior or exterior feature, and is primarily
2.4constructed of a top visible surface of synthetic face fibers or yarns or tufts attached to a
2.5backing system derived from synthetic or natural materials. Carpet includes, but is not
2.6limited to, a commercial or residential broadloom carpet or modular carpet tiles. Carpet
2.7includes a pad or underlayment used in conjunction with a carpet. Carpet does not include
2.8handmade rugs, area rugs, or mats;
2.9(3) "discarded carpet" means carpet that is no longer used for its manufactured
2.10purpose;
2.11(4) "producer" means a person that:
2.12(i) has legal ownership of the brand, brand name, or cobrand of carpet sold in the state;
2.13(ii) imports carpet branded by a producer that meets subclause (i) when the producer
2.14has no physical presence in the United States;
2.15(iii) if subclauses (i) and (ii) do not apply, makes unbranded carpet that is sold
2.16in the state; or
2.17(iv) sells carpet at wholesale or retail, does not have legal ownership of the brand,
2.18and elects to fulfill the responsibilities of the producer for the carpet;
2.19(5) "recycling" means the process of collecting and preparing recyclable materials and
2.20reusing the materials in their original form or using them in manufacturing processes that
2.21do not cause the destruction of recyclable materials in a manner that precludes further use;
2.22(6) "retailer" means any person who offers carpet for sale at retail in the state;
2.23(7) "reuse" means donating or selling a collected carpet back into the market for
2.24its original intended use, when the carpet retains its original purpose and performance
2.25characteristics;
2.26(8) "sale" or "sell" means transfer of title of carpet for consideration, including a
2.27remote sale conducted through a sales outlet, catalog, Web site, or similar electronic
2.28means. Sale or sell includes a lease through which carpet is provided to a consumer by a
2.29producer, wholesaler, or retailer;
2.30(9) "stewardship assessment" means the amount added to the purchase price of
2.31carpet sold in the state that is necessary to cover the cost of collecting, transporting, and
2.32processing postconsumer carpets by the producer or stewardship organization pursuant to
2.33a product stewardship program;
2.34(10) "stewardship organization" means an organization appointed by one or more
2.35producers to act as an agent on behalf of the producer to design, submit, and administer a
2.36product stewardship program under this section; and
3.1(11) "stewardship plan" means a detailed plan describing the manner in which a
3.2product stewardship program under subdivision 2 will be implemented.
3.3 Subd. 2. Product stewardship program. For all carpet sold in the state, producers
3.4must, individually or through a stewardship organization, implement and finance a
3.5statewide product stewardship program that manages carpet by reducing carpet's waste
3.6generation, promoting its reuse and recycling, and providing for negotiation and execution
3.7of agreements to collect, transport, and process carpet for end-of-life recycling and reuse.
3.8 Subd. 3. Requirement for sale. (a) On and after July 1, 2015, no producer,
3.9wholesaler, or retailer may sell carpet or offer carpet for sale in the state unless the carpet's
3.10producer participates in an approved stewardship plan, either individually or through a
3.11stewardship organization.
3.12(b) Each producer must operate a product stewardship program approved by the
3.13agency or enter into an agreement with a stewardship organization to operate, on the
3.14producer's behalf, a product stewardship program approved by the agency.
3.15 Subd. 4. Requirement to submit plan. (a) On or before March 1, 2015, and before
3.16offering carpet for sale in the state, a producer must submit a stewardship plan to the
3.17agency and receive approval of the plan or must submit documentation to the agency that
3.18demonstrates the producer has entered into an agreement with a stewardship organization
3.19to be an active participant in an approved product stewardship program as described in
3.20subdivision 2. A stewardship plan must include all elements required under subdivision 5.
3.21(b) At least every three years, a producer or stewardship organization operating a
3.22product stewardship program must update the stewardship plan and submit the updated
3.23plan to the agency for review and approval.
3.24(c) It is the responsibility of the entities responsible for each stewardship plan to
3.25notify the agency within 30 days of any significant changes or modifications to the plan or
3.26its implementation. Within 30 days of the notification, a written plan revision must be
3.27submitted to the agency for review and approval.
3.28 Subd. 5. Stewardship plan content. A stewardship plan must contain:
3.29(1) certification that the product stewardship program will accept all discarded carpet
3.30regardless of which producer produced the carpet and its individual components;
3.31(2) contact information for the individual and the entity submitting the plan and for
3.32all producers participating in the product stewardship program;
3.33(3) a description of the methods by which discarded carpet will be collected in all
3.34areas in the state without relying on end-of-life fees, including an explanation of how the
3.35collection system will be convenient and adequate to serve the needs of small businesses
4.1and residents in the seven-county metropolitan area initially and expanding to areas
4.2outside of the seven-county metropolitan area starting July 1, 2016;
4.3(4) a description of how the adequacy of the collection program will be monitored
4.4and maintained;
4.5(5) the names and locations of collectors, transporters, and recycling facilities that
4.6will manage discarded carpet;
4.7(6) a description of how the discarded carpet and the carpet's components will
4.8be safely and securely transported, tracked, and handled from collection through final
4.9recycling and processing;
4.10(7) a description of the method that will be used to reuse, deconstruct, or recycle
4.11the discarded carpet to ensure that the product's components, to the extent feasible, are
4.12transformed or remanufactured into finished products for use;
4.13(8) a description of the promotion and outreach activities that will be used to
4.14encourage participation in the collection and recycling programs and how the activities'
4.15effectiveness will be evaluated and the program modified, if necessary;
4.16(9) the proposed stewardship assessment. The producer or stewardship organization
4.17shall propose a stewardship assessment for any carpet sold in the state. The proposed
4.18stewardship assessment shall be reviewed by an independent auditor to ensure that
4.19the assessment does not exceed the costs of the product stewardship program and the
4.20independent auditor shall recommend an amount for the stewardship assessment;
4.21(10) evidence of adequate insurance and financial assurance that may be required for
4.22collection, handling, and disposal operations;
4.23(11) five-year performance goals, including an estimate of the percentage of
4.24discarded carpet that will be collected, reused, and recycled during each of the first five
4.25years of the stewardship plan. The performance goals must include a specific escalating
4.26goal for the amount of discarded carpet that will be collected and recycled and reused
4.27during each year of the plan. The performance goals must be based on:
4.28(i) the most recent collection data available for the state;
4.29(ii) the amount of carpet disposed of annually;
4.30(iii) the weight of the carpet that is expected to be available for collection annually;
4.31and
4.32(iv) actual collection data from other existing stewardship programs.
4.33The stewardship plan must state the methodology used to determine these goals;
4.34(12) carpet design changes that will be considered to reduce toxicity, water use, or
4.35energy use or to increase recycled content, recyclability, or carpet longevity; and
5.1(13) a discussion of market development opportunities to expand use of recovered
5.2carpet, with consideration of expanding processing activity proximate to areas of collection.
5.3 Subd. 6. Consultation required. (a) Each stewardship organization or individual
5.4producer submitting a stewardship plan must consult with stakeholders including retailers,
5.5installers, collectors, recyclers, local government, customers, and citizens during the
5.6development of the plan, solicit stakeholder comments, and attempt to address any
5.7stakeholder concerns regarding the plan before submitting the plan to the agency for review.
5.8(b) The producer or stewardship organization must invite comments from local
5.9governments, communities, and citizens to report their satisfaction with services, including
5.10education and outreach, provided by the product stewardship program. The information
5.11must be submitted to the agency and used by the agency in reviewing proposed updates or
5.12changes to the stewardship plan.
5.13 Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a proposed
5.14stewardship plan, the agency shall determine whether the plan complies with subdivision
5.155. If the agency approves a plan, the agency shall notify the applicant of the plan approval
5.16in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
5.17the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
5.18submit a revised plan to the agency within 60 days after receiving notice of rejection.
5.19(b) Any proposed changes to a stewardship plan must be approved by the agency
5.20in writing.
5.21 Subd. 8. Plan availability. All draft and approved stewardship plans shall be
5.22placed on the agency's Web site for at least 30 days and made available at the agency's
5.23headquarters for public review and comment.
5.24 Subd. 9. Conduct authorized. A producer or stewardship organization that
5.25organizes collection, transport, and processing of carpet under this section is immune
5.26from liability for the conduct under state laws relating to antitrust, restraint of trade,
5.27unfair trade practices, and other regulation of trade or commerce only to the extent that
5.28the conduct is necessary to plan and implement the producer's or organization's chosen
5.29organized collection or recycling system.
5.30 Subd. 10. Responsibility of producers. (a) On and after the date of implementation
5.31of a product stewardship program under this section, a producer of carpet must add the
5.32stewardship assessment, as established according to subdivision 5, clause (9), to the cost
5.33of the carpet sold to retailers and distributors in the state by the producer.
5.34(b) Producers of carpet or the stewardship organization shall provide consumers
5.35with educational materials regarding the stewardship assessment and product stewardship
5.36program. The materials must include, but are not limited to, information regarding available
6.1end-of-life management options for carpet offered through the product stewardship
6.2program and information that notifies consumers that a charge for the operation of the
6.3product stewardship program is included in the purchase price of carpet sold in the state.
6.4 Subd. 11. Responsibility of retailers. (a) On and after July 1, 2015, no carpet may
6.5be sold in the state unless the carpet's producer is participating in an approved stewardship
6.6plan.
6.7(b) On and after the implementation date of a product stewardship program under
6.8this section, each retailer or distributor, as applicable, must add the amount of the
6.9stewardship assessment to the purchase price of all carpet sold in the state.
6.10(c) Any retailer may participate, on a voluntary basis, as a designated collection
6.11point pursuant to a product stewardship program under this section and in accordance
6.12with applicable law.
6.13(d) No retailer or distributor shall be found to be in violation of this subdivision if,
6.14on the date the carpet was ordered from the producer or its agent, the producer was listed
6.15as compliant on the agency's Web site according to subdivision 14.
6.16 Subd. 12. Stewardship reports. Beginning October 1, 2016, producers of carpet
6.17sold in the state must individually or through a stewardship organization submit an
6.18annual report to the agency describing the product stewardship program. At a minimum,
6.19the report must contain:
6.20(1) a description of the methods used to collect, transport, and process carpet in all
6.21regions of the state;
6.22(2) the weight of all carpet collected in all regions of the state and a comparison to
6.23the performance goals and recycling rates established in the stewardship plan;
6.24(3) the amount of unwanted carpet collected in the state by method of disposition,
6.25including reuse, recycling, and other methods of processing;
6.26(4) identification of the facilities processing carpet and the number and weight
6.27processed at each facility;
6.28(5) an evaluation of the program's funding mechanism;
6.29(6) samples of educational materials provided to consumers and an evaluation of the
6.30effectiveness of the materials and the methods used to disseminate the materials; and
6.31(7) a description of progress made toward achieving carpet design changes according
6.32to subdivision 5, clause (12).
6.33 Subd. 13. Data classification. Trade secret information, as defined under section
6.3413.37, submitted to the agency under this section is nonpublic data under section 13.37,
6.35subdivision 2.
7.1 Subd. 14. Agency responsibilities. The agency shall provide, on its Web site, a
7.2list of all compliant producers and brands participating in stewardship plans that the
7.3agency has approved and a list of all producers and brands the agency has identified as
7.4noncompliant with this section.
7.5 Subd. 15. Local government responsibilities. (a) A city, county, or other public
7.6agency may choose to participate voluntarily in a carpet product stewardship program.
7.7(b) Cities, counties, and other public agencies are encouraged to work with producers
7.8and stewardship organizations to assist in meeting product stewardship program recycling
7.9obligations, by providing education and outreach or using other strategies.
7.10(c) A city, county, or other public agency that participates in a product stewardship
7.11program must report for the first year of the program to the agency using the reporting
7.12form provided by the agency on the cost savings as a result of participation and describe
7.13how the savings were used.
7.14 Subd. 16. Administrative fee. (a) The stewardship organization or individual
7.15producer submitting a stewardship plan shall pay the agency an annual administrative
7.16fee. The agency shall set the fee at an amount that, when paid by every stewardship
7.17organization or individual producer that submits a stewardship plan, is adequate to cover
7.18the agency's full costs of administering and enforcing this section. The agency may
7.19establish a variable fee based on relevant factors, including, but not limited to, the portion
7.20of carpet sold in the state by members of the organization compared to the total amount of
7.21carpet sold in the state by all organizations submitting a stewardship plan.
7.22(b) The total amount of annual fees collected under this subdivision must not
7.23exceed the amount necessary to cover costs incurred by the agency in connection with the
7.24administration and enforcement of this section.
7.25(c) The agency shall identify the direct program development or regulatory costs
7.26it incurs under this section before stewardship plans are submitted and shall establish a
7.27fee in an amount adequate to cover those costs, which shall be paid by a stewardship
7.28organization or individual producer that submits a stewardship plan.
7.29(d) A stewardship organization or individual producer subject to this subdivision
7.30must pay the agency's administrative fee under paragraph (a) on or before July 1, 2015,
7.31and annually thereafter and the agency's onetime development fee under paragraph (c) on
7.32or before July 1 the year following submission of a stewardship plan. Each year after the
7.33initial payment, the annual administrative fee may not exceed five percent of the aggregate
7.34stewardship assessment collected for the preceding calendar year.
7.35(e) The agency shall deposit the fees collected under this section into a product
7.36stewardship account.
8.1 Sec. 3. [115A.1415] ARCHITECTURAL PAINT; PRODUCT STEWARDSHIP
8.2PROGRAM; STEWARDSHIP PLAN.
8.3 Subdivision 1. Definitions. For purposes of this section, the following terms have
8.4the meanings given:
8.5(1) "architectural paint" means interior and exterior architectural coatings sold in
8.6containers of five gallons or less. Architectural paint does not include industrial coatings,
8.7original equipment coatings, or specialty coatings;
8.8(2) "brand" means a name, symbol, word, or mark that identifies architectural paint,
8.9rather than its components, and attributes the paint to the owner or licensee of the brand as
8.10the producer;
8.11(3) "discarded paint" means architectural paint that is no longer used for its
8.12manufactured purpose;
8.13(4) "producer" means a person that:
8.14(i) has legal ownership of the brand, brand name, or cobrand of architectural paint
8.15sold in the state;
8.16(ii) imports architectural paint branded by a producer that meets subclause (i) when
8.17the producer has no physical presence in the United States;
8.18(iii) if subclauses (i) and (ii) do not apply, makes unbranded architectural paint
8.19that is sold in the state; or
8.20(iv) sells architectural paint at wholesale or retail, does not have legal ownership of
8.21the brand, and elects to fulfill the responsibilities of the producer for the architectural paint;
8.22(5) "recycling" means the process of collecting and preparing recyclable materials and
8.23reusing the materials in their original form or using them in manufacturing processes that
8.24do not cause the destruction of recyclable materials in a manner that precludes further use;
8.25(6) "retailer" means any person who offers architectural paint for sale at retail in
8.26the state;
8.27(7) "reuse" means donating or selling collected architectural paint back into the
8.28market for its original intended use, when the architectural paint retains its original
8.29purpose and performance characteristics;
8.30(8) "sale" or "sell" means transfer of title of architectural paint for consideration,
8.31including a remote sale conducted through a sales outlet, catalog, Web site, or similar
8.32electronic means. Sale or sell includes a lease through which architectural paint is
8.33provided to a consumer by a producer, wholesaler, or retailer;
8.34(9) "stewardship assessment" means the amount added to the purchase price of
8.35architectural paint sold in the state that is necessary to cover the cost of collecting,
9.1transporting, and processing postconsumer architectural paint by the producer or
9.2stewardship organization pursuant to a product stewardship program;
9.3(10) "stewardship organization" means an organization appointed by one or more
9.4producers to act as an agent on behalf of the producer to design, submit, and administer a
9.5product stewardship program under this section; and
9.6(11) "stewardship plan" means a detailed plan describing the manner in which a
9.7product stewardship program under subdivision 2 will be implemented.
9.8 Subd. 2. Product stewardship program. For architectural paint sold in the state,
9.9producers must, individually or through a stewardship organization, implement and
9.10finance a statewide product stewardship program that manages the architectural paint by
9.11reducing the paint's waste generation, promoting its reuse and recycling, and providing for
9.12negotiation and execution of agreements to collect, transport, and process the architectural
9.13paint for end-of-life recycling and reuse.
9.14 Subd. 3. Requirement for sale. (a) On and after July 1, 2014, or three months after
9.15program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell
9.16or offer for sale in the state architectural paint unless the paint's producer participates in an
9.17approved stewardship plan, either individually or through a stewardship organization.
9.18(b) Each producer must operate a product stewardship program approved by the
9.19agency or enter into an agreement with a stewardship organization to operate, on the
9.20producer's behalf, a product stewardship program approved by the agency.
9.21 Subd. 4. Requirement to submit plan. (a) On or before March 1, 2014, and before
9.22offering architectural paint for sale in the state, a producer must submit a stewardship
9.23plan to the agency and receive approval of the plan or must submit documentation to the
9.24agency that demonstrates the producer has entered into an agreement with a stewardship
9.25organization to be an active participant in an approved product stewardship program as
9.26described in subdivision 2. A stewardship plan must include all elements required under
9.27subdivision 5.
9.28(b) An amendment to the plan, if determined necessary by the commissioner, must
9.29be submitted every five years.
9.30(c) It is the responsibility of the entities responsible for each stewardship plan to
9.31notify the agency within 30 days of any significant changes or modifications to the plan or
9.32its implementation. Within 30 days of the notification, a written plan revision must be
9.33submitted to the agency for review and approval.
9.34 Subd. 5. Stewardship plan content. A stewardship plan must contain:
10.1(1) certification that the product stewardship program will accept all discarded
10.2paint regardless of which producer produced the architectural paint and its individual
10.3components;
10.4(2) contact information for the individual and the entity submitting the plan, a list of
10.5all producers participating in the product stewardship program, and the brands covered by
10.6the product stewardship program;
10.7(3) a description of the methods by which the discarded paint will be collected in all
10.8areas in the state without relying on end-of-life fees, including an explanation of how the
10.9collection system will be convenient and adequate to serve the needs of small businesses
10.10and residents in both urban and rural areas on an ongoing basis and a discussion of how
10.11the existing household hazardous waste infrastructure will be considered when selecting
10.12collection sites;
10.13(4) a description of how the adequacy of the collection program will be monitored
10.14and maintained;
10.15(5) the names and locations of collectors, transporters, and recyclers that will
10.16manage discarded paint;
10.17(6) a description of how the discarded paint and the paint's components will be
10.18safely and securely transported, tracked, and handled from collection through final
10.19recycling and processing;
10.20(7) a description of the method that will be used to reuse, deconstruct, or recycle
10.21the discarded paint to ensure that the paint's components, to the extent feasible, are
10.22transformed or remanufactured into finished products for use;
10.23(8) a description of the promotion and outreach activities that will be used to
10.24encourage participation in the collection and recycling programs and how the activities'
10.25effectiveness will be evaluated and the program modified, if necessary;
10.26(9) the proposed stewardship assessment. The producer or stewardship organization
10.27shall propose a uniform stewardship assessment for any architectural paint sold in the
10.28state. The proposed stewardship assessment shall be reviewed by an independent auditor
10.29to ensure that the assessment does not exceed the costs of the product stewardship program
10.30and the independent auditor shall recommend an amount for the stewardship assessment.
10.31The agency must approve the stewardship assessment;
10.32(10) evidence of adequate insurance and financial assurance that may be required for
10.33collection, handling, and disposal operations;
10.34(11) five-year performance goals, including an estimate of the percentage of
10.35discarded paint that will be collected, reused, and recycled during each of the first five
10.36years of the stewardship plan. The performance goals must include a specific goal for the
11.1amount of discarded paint that will be collected and recycled and reused during each year
11.2of the plan. The performance goals must be based on:
11.3(i) the most recent collection data available for the state;
11.4(ii) the estimated amount of architectural paint disposed of annually;
11.5(iii) the weight of the architectural paint that is expected to be available for collection
11.6annually; and
11.7(iv) actual collection data from other existing stewardship programs.
11.8The stewardship plan must state the methodology used to determine these goals; and
11.9(12) a discussion of the status of end markets for collected architectural paint and
11.10what, if any, additional end markets are needed to improve the functioning of the program.
11.11 Subd. 6. Consultation required. Each stewardship organization or individual
11.12producer submitting a stewardship plan must consult with stakeholders including
11.13retailers, contractors, collectors, recyclers, local government, and customers during the
11.14development of the plan.
11.15 Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a proposed
11.16stewardship plan, the agency shall determine whether the plan complies with subdivision
11.174. If the agency approves a plan, the agency shall notify the applicant of the plan approval
11.18in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
11.19the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
11.20submit a revised plan to the agency within 60 days after receiving notice of rejection.
11.21(b) Any proposed changes to a stewardship plan must be approved by the agency
11.22in writing.
11.23 Subd. 8. Plan availability. All draft and approved stewardship plans shall be
11.24placed on the agency's Web site for at least 30 days and made available at the agency's
11.25headquarters for public review and comment.
11.26 Subd. 9. Conduct authorized. A producer or stewardship organization that
11.27organizes collection, transport, and processing of architectural paint under this section
11.28is immune from liability for the conduct under state laws relating to antitrust, restraint
11.29of trade, unfair trade practices, and other regulation of trade or commerce only to the
11.30extent that the conduct is necessary to plan and implement the producer's or organization's
11.31chosen organized collection or recycling system.
11.32 Subd. 10. Responsibility of producers. (a) On and after the date of implementation
11.33of a product stewardship program according to this section, a producer of architectural
11.34paint must add the stewardship assessment, as established under subdivision 5, clause (9),
11.35to the cost of architectural paint sold to retailers and distributors in the state by the producer.
12.1(b) Producers of architectural paint or the stewardship organization shall provide
12.2consumers with educational materials regarding the stewardship assessment and product
12.3stewardship program. The materials must include, but are not limited to, information
12.4regarding available end-of-life management options for architectural paint offered through
12.5the product stewardship program and information that notifies consumers that a charge
12.6for the operation of the product stewardship program is included in the purchase price of
12.7architectural paint sold in the state.
12.8 Subd. 11. Responsibility of retailers. (a) On and after July 1, 2014, or three months
12.9after program plan approval, whichever is sooner, no architectural paint may be sold in the
12.10state unless the paint's producer is participating in an approved stewardship plan.
12.11(b) On and after the implementation date of a product stewardship program
12.12according to this section, each retailer or distributor, as applicable, must add the amount of
12.13the stewardship assessment to the purchase price of all architectural paint sold in the state.
12.14(c) Any retailer may participate, on a voluntary basis, as a designated collection
12.15point pursuant to a product stewardship program under this section and in accordance
12.16with applicable law.
12.17(d) No retailer or distributor shall be found to be in violation of this subdivision if,
12.18on the date the architectural paint was ordered from the producer or its agent, the producer
12.19was listed as compliant on the agency's Web site according to subdivision 14.
12.20 Subd. 12. Stewardship reports. Beginning October 1, 2015, producers of
12.21architectural paint sold in the state must individually or through a stewardship organization
12.22submit an annual report to the agency describing the product stewardship program. At a
12.23minimum, the report must contain:
12.24(1) a description of the methods used to collect, transport, and process architectural
12.25paint in all regions of the state;
12.26(2) the weight of all architectural paint collected in all regions of the state and a
12.27comparison to the performance goals and recycling rates established in the stewardship
12.28plan;
12.29(3) the amount of unwanted architectural paint collected in the state by method of
12.30disposition, including reuse, recycling, and other methods of processing;
12.31(4) samples of educational materials provided to consumers and an evaluation of the
12.32effectiveness of the materials and the methods used to disseminate the materials; and
12.33(5) an independent financial audit.
12.34 Subd. 13. Data classification. Trade secret information, as defined under section
12.3513.37, submitted to the agency under this section is nonpublic data under section 13.37,
12.36subdivision 2.
13.1 Subd. 14. Agency responsibilities. The agency shall provide, on its Web site, a
13.2list of all compliant producers and brands participating in stewardship plans that the
13.3agency has approved and a list of all producers and brands the agency has identified as
13.4noncompliant with this section.
13.5 Subd. 15. Local government responsibilities. (a) A city, county, or other public
13.6agency may choose to participate voluntarily in a product stewardship program.
13.7(b) Cities, counties, and other public agencies are encouraged to work with producers
13.8and stewardship organizations to assist in meeting product stewardship program reuse and
13.9recycling obligations, by providing education and outreach or using other strategies.
13.10(c) A city, county, or other public agency that participates in a product stewardship
13.11program must report for the first year of the program to the agency using the reporting
13.12form provided by the agency on the cost savings as a result of participation and describe
13.13how the savings were used.
13.14 Subd. 16. Administrative fee. (a) The stewardship organization or individual
13.15producer submitting a stewardship plan shall pay the agency an annual administrative fee.
13.16The agency shall set the fee at an amount that, when paid by every stewardship organization
13.17or individual producer that submits a stewardship plan, is adequate to cover the agency's
13.18full costs of administering and enforcing this section. The agency may establish a variable
13.19fee based on relevant factors, including, but not limited to, the portion of architectural
13.20paint sold in the state by members of the organization compared to the total amount of
13.21architectural paint sold in the state by all organizations submitting a stewardship plan.
13.22(b) The total amount of annual fees collected under this subdivision must not exceed
13.23the amount necessary to recover costs incurred by the agency in connection with the
13.24administration and enforcement of this section.
13.25(c) The agency shall identify the direct program development or regulatory costs
13.26it incurs under this section before stewardship plans are submitted and shall establish a
13.27fee in an amount adequate to cover those costs, which shall be paid by a stewardship
13.28organization or individual producer that submits a stewardship plan. The commissioner
13.29must make the proposed fee available for public review and comment for at least 30 days.
13.30(d) A stewardship organization or individual producer subject to this section must
13.31pay the agency's administrative fee under paragraph (a) on or before July 1, 2014, and
13.32annually thereafter and the agency's onetime development fee under paragraph (c) on or
13.33before July 1 the year following submission of a stewardship plan. Each year after the
13.34initial payment, the annual administrative fee may not exceed five percent of the aggregate
13.35stewardship assessment collected for the preceding calendar year.
14.1(e) The agency shall deposit the fees collected under this section into a product
14.2stewardship account.
14.3 Sec. 4. [115A.142] PRIMARY BATTERIES; PRODUCT STEWARDSHIP
14.4PROGRAM; STEWARDSHIP PLAN.
14.5 Subdivision 1. Definitions. For purposes of this section, the following terms have
14.6the meaning given:
14.7(1) "brand" means a name, symbol, word, or mark that identifies a primary battery,
14.8rather than its components, and attributes the battery to the owner or licensee of the brand
14.9as the producer;
14.10(2) "discarded battery" means a primary battery that is no longer used for its
14.11manufactured purpose;
14.12(3) "primary battery" means an electric cell that generates an electromotive force by
14.13the direct and usually irreversible conversion of chemical energy into electrical energy.
14.14It cannot be recharged efficiently by an electric current;
14.15(4) "producer" means a person that:
14.16(i) has legal ownership of the brand, brand name, or cobrand of a primary battery
14.17sold in the state;
14.18(ii) imports a primary battery branded by a producer that meets subclause (i) when
14.19the producer has no physical presence in the United States;
14.20(iii) if subclauses (i) and (ii) do not apply, makes an unbranded primary battery
14.21that is sold in the state; or
14.22(iv) sells a primary battery at wholesale or retail, does not have legal ownership of
14.23the brand, and elects to fulfill the responsibilities of the producer for the battery;
14.24(5) "recycling" means the process of collecting and preparing recyclable materials and
14.25reusing the materials in their original form or using them in manufacturing processes that
14.26do not cause the destruction of recyclable materials in a manner that precludes further use;
14.27(6) "retailer" means any person who offers primary batteries for sale at retail in
14.28the state;
14.29(7) "reuse" means donating or selling a collected primary battery back into the
14.30market for its original intended use, when the primary battery retains its original purpose
14.31and performance characteristics;
14.32(8) "sale" or "sell" means transfer of title of a primary battery for consideration,
14.33including a remote sale conducted through a sales outlet, catalog, Web site, or similar
14.34electronic means. Sale or sell includes a lease through which a primary battery is provided
14.35to a consumer by a producer, wholesaler, or retailer;
15.1(9) "stewardship organization" means an organization appointed by one or more
15.2producers to act as an agent on behalf of the producer to design, submit, and administer a
15.3product stewardship program under this section; and
15.4(10) "stewardship plan" means a detailed plan describing the manner in which a
15.5product stewardship program under subdivision 2 will be implemented.
15.6 Subd. 2. Product stewardship program. For each primary battery sold in the
15.7state, producers must, individually or through a stewardship organization, implement
15.8and finance a statewide product stewardship program that manages primary batteries by
15.9reducing primary battery waste generation, promoting primary battery reuse and recycling,
15.10and providing for negotiation and execution of agreements to collect, transport, and
15.11process primary batteries for end-of-life recycling and reuse.
15.12 Subd. 3. Requirement for sale. (a) On and after December 1, 2014, or three months
15.13after program plan approval, whichever is sooner, no producer, wholesaler, or retailer may
15.14sell or offer for sale in the state a primary battery unless the battery's producer participates
15.15in an approved stewardship plan, either individually or through a stewardship organization.
15.16(b) Each producer must operate a product stewardship program approved by the
15.17agency or enter into an agreement with a stewardship organization to operate, on the
15.18producer's behalf, a product stewardship program approved by the agency.
15.19 Subd. 4. Requirement to submit plan. (a) On or before August 1, 2014, and before
15.20offering a primary battery for sale in the state, a producer must submit a stewardship
15.21plan to the agency and receive approval of the plan or must submit documentation to the
15.22agency that demonstrates the producer has entered into an agreement with a stewardship
15.23organization to be an active participant in an approved product stewardship program as
15.24described in subdivision 2. A stewardship plan must include all elements required under
15.25subdivision 5.
15.26(b) An amendment to the plan, if determined necessary by the commissioner, must
15.27be submitted every five years.
15.28(c) It is the responsibility of the entities responsible for each stewardship plan to
15.29notify the agency within 30 days of any significant changes or modifications to the plan or
15.30its implementation. Within 30 days of the notification, a written plan revision must be
15.31submitted to the agency for review and approval.
15.32 Subd. 5. Stewardship plan content. A stewardship plan must contain:
15.33(1) certification that the product stewardship program will accept all discarded
15.34batteries regardless of which producer produced the batteries and their individual
15.35components;
16.1(2) contact information for the individual and the entity submitting the plan, a list of
16.2all producers participating in the product stewardship program, and the brands covered by
16.3the product stewardship program;
16.4(3) a description of the methods by which the discarded batteries will be collected
16.5in all areas in the state without relying on end-of-life fees, including an explanation of
16.6how the collection system will be convenient and adequate to serve the needs of small
16.7businesses and residents in both urban and rural areas on an ongoing basis;
16.8(4) a description of how the adequacy of the collection program will be monitored
16.9and maintained;
16.10(5) the names and locations of collectors, transporters, and recyclers that will
16.11manage discarded batteries;
16.12(6) a description of how the discarded batteries and the batteries' components will
16.13be safely and securely transported, tracked, and handled from collection through final
16.14recycling and processing;
16.15(7) a description of the method that will be used to reuse, deconstruct, or recycle
16.16the discarded batteries to ensure that the batteries' components, to the extent feasible, are
16.17transformed or remanufactured into finished batteries for use;
16.18(8) a description of the promotion and outreach activities that will be used to
16.19encourage participation in the collection and recycling programs and how the activities'
16.20effectiveness will be evaluated and the program modified, if necessary;
16.21(9) evidence of adequate insurance and financial assurance that may be required for
16.22collection, handling, and disposal operations;
16.23(10) five-year performance goals, including an estimate of the percentage of
16.24discarded batteries that will be collected, reused, and recycled during each of the first five
16.25years of the stewardship plan. The performance goals must include a specific escalating
16.26goal for the amount of discarded batteries that will be collected and recycled and reused
16.27during each year of the plan. The performance goals must be based on:
16.28(i) the most recent collection data available for the state;
16.29(ii) the estimated amount of primary batteries disposed of annually;
16.30(iii) the weight of primary batteries that is expected to be available for collection
16.31annually; and
16.32(iv) actual collection data from other existing stewardship programs.
16.33The stewardship plan must state the methodology used to determine these goals; and
16.34(11) a discussion of the status of end markets for discarded batteries and what, if any,
16.35additional end markets are needed to improve the functioning of the program.
17.1 Subd. 6. Consultation required. Each stewardship organization or individual
17.2producer submitting a stewardship plan must consult with stakeholders including retailers,
17.3collectors, recyclers, local government, and customers during the development of the plan.
17.4 Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a proposed
17.5stewardship plan, the agency shall determine whether the plan complies with subdivision
17.65. If the agency approves a plan, the agency shall notify the applicant of the plan approval
17.7in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
17.8the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
17.9submit a revised plan to the agency within 60 days after receiving notice of rejection.
17.10(b) Any proposed changes to a stewardship plan must be approved by the agency
17.11in writing.
17.12 Subd. 8. Plan availability. All draft and approved stewardship plans shall be
17.13placed on the agency's Web site for at least 30 days and made available at the agency's
17.14headquarters for public review and comment.
17.15 Subd. 9. Conduct authorized. A producer or stewardship organization that
17.16organizes collection, transport, and processing of primary batteries under this section
17.17is immune from liability for the conduct under state laws relating to antitrust, restraint
17.18of trade, unfair trade practices, and other regulation of trade or commerce only to the
17.19extent that the conduct is necessary to plan and implement the producer's or organization's
17.20chosen organized collection or recycling system.
17.21 Subd. 10. Responsibility of retailers. (a) On and after December 1, 2014, or three
17.22months after program plan approval, whichever is sooner, no primary battery may be sold
17.23in the state unless the battery's producer is participating in an approved stewardship plan.
17.24(b) Any retailer may participate, on a voluntary basis, as a designated collection
17.25point pursuant to a product stewardship program under this section and in accordance
17.26with applicable law.
17.27(c) No retailer or distributor shall be found to be in violation of this subdivision if,
17.28on the date the primary battery was ordered from the producer or its agent, the producer
17.29was listed as compliant on the agency's Web site according to subdivision 12.
17.30 Subd. 11. Stewardship reports. Beginning March 1, 2016, producers of primary
17.31batteries sold in the state must individually or through a stewardship organization
17.32submit an annual report to the agency describing the product stewardship program. At a
17.33minimum, the report must contain:
17.34(1) a description of the methods used to collect, transport, and process primary
17.35batteries in all regions of the state;
18.1(2) the weight of all primary batteries collected in all regions of the state and a
18.2comparison to the performance goals and recycling rates established in the stewardship
18.3plan;
18.4(3) the amount of unwanted primary batteries collected in the state by method of
18.5disposition, including reuse, recycling, and other methods of processing;
18.6(4) samples of educational materials provided to consumers and an evaluation of the
18.7effectiveness of the materials and the methods used to disseminate the materials; and
18.8(5) an independent financial audit.
18.9 Subd. 12. Data classification. Trade secret information, as defined under section
18.1013.37, submitted to the agency under this section is nonpublic data under section 13.37,
18.11subdivision 2.
18.12 Subd. 13. Agency responsibilities. The agency shall provide, on its Web site, a
18.13list of all compliant producers and brands participating in stewardship plans that the
18.14agency has approved and a list of all producers and brands the agency has identified as
18.15noncompliant with this section.
18.16 Subd. 14. Local government responsibilities. (a) A city, county, or other public
18.17agency may choose to participate voluntarily in a product stewardship program.
18.18(b) Cities, counties, and other public agencies are encouraged to work with producers
18.19and stewardship organizations to assist in meeting product stewardship program recycling
18.20obligations, by providing education and outreach or using other strategies.
18.21(c) A city, county, or other public agency that participates in a product stewardship
18.22program must report for the first year of the program to the agency using the reporting
18.23form provided by the agency on the cost savings as a result of participation and describe
18.24how the savings were used.
18.25 Subd. 15. Administrative fee. (a) The stewardship organization or individual
18.26producer submitting a stewardship plan shall pay the agency an annual administrative fee.
18.27The agency shall set the fee at an amount that, when paid by every stewardship organization
18.28or individual producer that submits a stewardship plan, is adequate to cover the agency's
18.29full costs of administering and enforcing this section. The agency may establish a variable
18.30fee based on relevant factors, including, but not limited to, the portion of primary batteries
18.31sold in the state by members of the organization compared to the total amount of primary
18.32batteries sold in the state by all organizations submitting a stewardship plan.
18.33(b) The total amount of annual fees collected under this section must not exceed
18.34the amount necessary to recover costs incurred by the agency in connection with the
18.35administration and enforcement of this section.
19.1(c) The agency shall identify the direct program development or regulatory costs
19.2it incurs under this section before stewardship plans are submitted and shall establish a
19.3fee in an amount adequate to cover those costs, which shall be paid by a stewardship
19.4organization or individual producer that submits a stewardship plan. The commissioner
19.5must make the proposed fee available for public review and comment for at least 30 days.
19.6(d) A stewardship organization or individual producer subject to this section must
19.7pay the agency's administrative fee under paragraph (a) on or before July 1, 2015, and
19.8annually thereafter and the agency's onetime development fee under paragraph (c) on or
19.9before July 1 the year following submission of a stewardship plan.
19.10(e) The agency shall deposit the fees collected under this section into a product
19.11stewardship account.
19.12 Sec. 5. [115A.1425] REPORT TO LEGISLATURE AND GOVERNOR.
19.13As part of the report required under section 115A.121, the commissioner of the
19.14Pollution Control Agency shall provide a report to the governor and the legislature on the
19.15implementation of sections 115A.141, 115A.1415, and 115A.142.
19.16 Sec. 6. EFFECTIVE DATE.
19.17Sections 1 to 5 are effective July 1, 2013.
